HomeMy WebLinkAbout1980-11-04 Resolution,1.
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RESOLUTION NO. 80-476
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit or liquor control license,
to wit;
Anderson, Michael B. & Mark A. dba The Art Gallery,
1200 Gilbert Court
It was moved by Vevera and seconded by Roberts
that the Resolution as regia eadopted, and upon rol c—a 3—Fit ere
were:
AYES: NAYS: ABSENT:
Balmer x
Lynch x
Erdahl x
Neuhauser x
Perret x
Roberts x
Vevera x
Passed and approved this 4th day of November
19 80. `
ayor
Attest:
City Clerk
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RESOLUTION NO. 80-477
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:
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Iowa City American Legion Post 1117, American Legion Road
,
It was moved by Vevera and seconded by Roberts
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
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_ Vevera x
Passed and approved this 4th day of November
19 80
Ayor
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Attest: .tom
City C erk
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'3 RESOLUTION N0. 80-478
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS PHASE I
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT-
ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC ,
INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and
estimate of cost for the construction of the above-named project is to be held
on the 18thday of November , 1980 , at 7:30 p.m. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice of
the public hearing for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city, not
less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby ordered placed on file
by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Vevera and seconded by Roberts
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
x Neuhauser
x Perret
Roberts
x
x Vevera
Passed and approved this 4th day of November , 1980
—4'Z_��Mayor. rr.�.,iA°lt. Cis /j�y^OVgI�
ATTEST: OVYi'd,;f ,71t� o Moat Depal.m.,
City Cler
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'3 RESOLUTION N0. 80-478
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS PHASE I
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT-
ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC ,
INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and
estimate of cost for the construction of the above-named project is to be held
on the 18thday of November , 1980 , at 7:30 p.m. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice of
the public hearing for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city, not
less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby ordered placed on file
by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Vevera and seconded by Roberts
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
x Neuhauser
x Perret
Roberts
x
x Vevera
Passed and approved this 4th day of November , 1980
—4'Z_��Mayor. rr.�.,iA°lt. Cis /j�y^OVgI�
ATTEST: OVYi'd,;f ,71t� o Moat Depal.m.,
City Cler
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NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(Stephens Project)
The City Council of the City of Iowa City, Iowa,
(the "Issuer") will meet on the 4th day of November,
1980, at the Civic Center, in Iowa City, Iowa, at
7:30 o'clock, p.m., for the purpose of conducting
a public hearing on the proposal to issue Industrial
Development Revenue Bonds (Stephens Project) of
the Issuer, in an aggregate principal amount not
to exceed $100,000 (the "Bonds") pursuant to
Chapter 419 of the Code of Iowa, 1979, as amended,
and to loan said amount to Stephens of Iowa City,
Inc. (the "Company"), an Iowa corporation, for the
purpose of defraying all or a portion of the cost,
of certain equipment and improvements suitable for
the use of its commercial enterprise consisting
of a retail sales facility located within the
Urban Renewal 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 15th day of
October, 1980.
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NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(Stephens Project)
The City Council of the City of Iowa City, Iowa,
(the "Issuer") will meet on the 4th day of November,
1980, at the Civic Center, in Iowa City, Iowa, at
7:30 o'clock, p.m., for the purpose of conducting
a public hearing on the proposal to issue Industrial
Development Revenue Bonds (Stephens Project) of
the Issuer, in an aggregate principal amount not
to exceed $100,000 (the "Bonds") pursuant to
Chapter 419 of the Code of Iowa, 1979, as amended,
and to loan said amount to Stephens of Iowa City,
Inc. (the "Company"), an Iowa corporation, for the
purpose of defraying all or a portion of the cost,
of certain equipment and improvements suitable for
the use of its commercial enterprise consisting
of a retail sales facility located within the
Urban Renewal 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 15th day of
October, 1980.
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Proceedings to Proceed
With Issuance and Sale
Iowa City, Iowa
November 4 , 1980
The city Council of Iowa City, Iowa, met in regular session
on the 4th day of November , 1980, at 7:30 o'clock
P .m., Civic Center , in the City pursuant to law and
to the rules of said Council. The meeting was called to order and
there were present John R. Balmer , Mayor, in the Chair, and the
following named Council Members:
Erdahl; Lynch Neuhauser, Roberts Vevera
Absent: Perret
The City Council investigated and found that notice of intention
to issue Industrial Development Revenue Bonds (Stephens Project) in an
aggregate principal amount not to exceed $100,000 had, as directed by
the City Council, been duly given according to law.
This being the time and place specified in the notice for the
conduct of a public hearing on the proposal to issue such Bonds, the
Mayor announced that all local residents attending the hearing would
now be given an opportunity to express their views for or against the
proposal to issue the Bonds. The following local residents attending
the hearing expressed their views as follows:
No one appeared.
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After all local residents who appeared at the hearing who desired
to do so had expressed their views for or against the proposal to issue
the Bonds, Council Member Roberts introduced a Resolution
entitled:
"Resolution to Proceed With the Issuance and Sale
of Industrial Development Revenue Bonds
(Stephens Project)
in an aggregate principal amount not to exceed $100,000"
and moved its adoption, seconded by Council Member Neuhauser
After due consideration of said Resolution by the Council, the Mayor
put the question on the motion and upon the roll being called, the
following named Council Members voted:
Ayes: Erdahl, Lynch, Neuhauser, 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.
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80-479
RESOLUTION
Resolution to Proceed with the Issuance and Sale
of Industrial Development Revenue Bonds
(Stephens Project)
in an aggregate principal amount not to exceed $100,000"
WHEREAS, the City of Iowa City, Iowa, in the County of
Johnson, State of Iowa (the "Issuer") is an incorporated municipality
authorized and empowered by the provisions of Chapter 419 of the Code
of Iowa, 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 has been
requested by Stephens of Iowa City, Inc. (the "Company") an Iowa
corporation, to issue its industrial development revenue bonds to
finance certain improvements and equipment (the "Project") suitable for
use by the Company in its commercial enterprise to be located within
the Urban Renewal Area of the Issuer, which will employ substantial
numbers of people from and near the Issuer with the resulting increased
employment, substantial payrolls and other public benefits flowing
therefrom; and
WHEREAS, it is proposed to finance all or a portion of the cost of
the Project through the issuance of Industrial Development Revenue
Bonds (Stephens Project) of the Issuer in an aggregate principal amount
not to exceed $100,000 (the "Bonds") and to loan said amount to the
Company under a Loan Agreement between the Issuer and the Company upon
mutually agreeable terms, the 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 be due, and
WHEREAS, notice of intention to issue the Bonds has, as directed
by the City Council of the Issuer, been duly given in compliance with
the Act; and
WHEREAS, a public hearing has been held on the proposal to issue
the Bonds at the time and place as specified in said notice and all
objections or other comments relating to the issuance of the Bonds have
been heard;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer,
as follows:
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Section 1. It is hereby determined that the undertaking of the
Project and the financing of the same is consistent with the Urban
Renewal Plan and will promote urban renewal, rehabilitation and
redevelopment of the Issuer, and will enhance the tax base of the
Issuer, increase commerce within the Issuer and add to the welfare and
prosperity of the Issuer and its citizens.
Section 2. It is hereby determined it is necessary and advisable
that the Issuer proceed with the issuance and sale of the Bonds as
authorized and permitted by the Act to finance all or a portion of the
cost of the Project, and such actions will be taken by the Issuer as
may be required pursuant to the provisions of the Act to authorize,
issue and sell the Bonds upon receiving reasonable advance notice and
upon reaching mutually acceptable terms with the Company regarding such
Bonds.
Section 3. The Issuer will enter into all agreements prepared by
Bond Counsel which are necessary to be entered into by the Issuer in
connection with the issuance and sale of the Bonds. Prior to execution
of said agreements by the Issuer, all other parties, including the City
Attorney and the Issuer's Bond Counsel shall approve all agreements to
be entered into in connection with the issuance of the Bonds and such
agreements shall be authorized and approved after due consideration by
this Council prior to their execution by the Issuer.
Section 4. The Mayor, the City Clerk and the City Attorney are
hereby authorized and directed to do any and all things deemed
necessary in order to effect the accomplishment of the Project and the
issuance and sale of the Bonds.
Section 5. All resolutions and parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
Section o. This Resolution shall become effective immediately
upon its passage and approval.
Passed and approved this '4th day of'` November" , 1980.
ayor
Att
City Clerk
(Seal)
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Section 1. It is hereby determined that the undertaking of the
Project and the financing of the same is consistent with the Urban
Renewal Plan and will promote urban renewal, rehabilitation and
redevelopment of the Issuer, and will enhance the tax base of the
Issuer, increase commerce within the Issuer and add to the welfare and
prosperity of the Issuer and its citizens.
Section 2. It is hereby determined it is necessary and advisable
that the Issuer proceed with the issuance and sale of the Bonds as
authorized and permitted by the Act to finance all or a portion of the
cost of the Project, and such actions will be taken by the Issuer as
may be required pursuant to the provisions of the Act to authorize,
issue and sell the Bonds upon receiving reasonable advance notice and
upon reaching mutually acceptable terms with the Company regarding such
Bonds.
Section 3. The Issuer will enter into all agreements prepared by
Bond Counsel which are necessary to be entered into by the Issuer in
connection with the issuance and sale of the Bonds. Prior to execution
of said agreements by the Issuer, all other parties, including the City
Attorney and the Issuer's Bond Counsel shall approve all agreements to
be entered into in connection with the issuance of the Bonds and such
agreements shall be authorized and approved after due consideration by
this Council prior to their execution by the Issuer.
Section 4. The Mayor, the City Clerk and the City Attorney are
hereby authorized and directed to do any and all things deemed
necessary in order to effect the accomplishment of the Project and the
issuance and sale of the Bonds.
Section 5. All resolutions and parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
Section o. This Resolution shall become effective immediately
upon its passage and approval.
Passed and approved this '4th day of'` November" , 1980.
ayor
Att
City Clerk
(Seal)
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Section 1. It is hereby determined that the undertaking of the
Project and the financing of the same is consistent with the Urban
Renewal Plan and will promote urban renewal, rehabilitation and
redevelopment of the Issuer, and will enhance the tax base of the
Issuer, increase commerce within the Issuer and add to the welfare and
prosperity of the Issuer and its citizens.
Section 2. It is hereby determined it is necessary and advisable
that the Issuer proceed with the issuance and sale of the Bonds as
authorized and permitted by the Act to finance all or a portion of the
cost of the Project, and such actions will be taken by the Issuer as
may be required pursuant to the provisions of the Act to authorize,
issue and sell the Bonds upon receiving reasonable advance notice and
upon reaching mutually acceptable terms with the Company regarding such
Bonds.
Section 3. The Issuer will enter into all agreements prepared by
Bond Counsel which are necessary to be entered into by the Issuer in
connection with the issuance and sale of the Bonds. Prior to execution
of said agreements by the Issuer, all other parties, including the City
Attorney and the Issuer's Bond Counsel shall approve all agreements to
be entered into in connection with the issuance of the Bonds and such
agreements shall be authorized and approved after due consideration by
this Council prior to their execution by the Issuer.
Section 4. The Mayor, the City Clerk and the City Attorney are
hereby authorized and directed to do any and all things deemed
necessary in order to effect the accomplishment of the Project and the
issuance and sale of the Bonds.
Section 5. All resolutions and parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
Section o. This Resolution shall become effective immediately
upon its passage and approval.
Passed and approved this '4th day of'` November" , 1980.
ayor
Att
City Clerk
(Seal)
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RESOLUTION NO. 80-480
RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED
PERSONNEL BY'THE CREATION OF 'A POSITION
WHEREAS, the City of Iowa City, Iowa employs certain classified personnel,
and,
WHEREAS, it is necessary to amend the FY81 Pay Plan included in Resolution
No. 80-91.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that Resolution No. 80-91 be amended by:
The creation of one Public Service Trainee position in range
70 of the Administrative Pay Plan.
It was moved by Lynch and seconded byyev re
that the Resolution a 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 4th By of November , 1980.
ATTEST: &/,
City Clerk
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By Y1 a L-cgal Daparlm-W
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RESOLUTION NO. 80-480
RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED
PERSONNEL BY'THE CREATION OF 'A POSITION
WHEREAS, the City of Iowa City, Iowa employs certain classified personnel,
and,
WHEREAS, it is necessary to amend the FY81 Pay Plan included in Resolution
No. 80-91.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that Resolution No. 80-91 be amended by:
The creation of one Public Service Trainee position in range
70 of the Administrative Pay Plan.
It was moved by Lynch and seconded byyev re
that the Resolution a 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 4th By of November , 1980.
ATTEST: &/,
City Clerk
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COMMENT:
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The position of Public Service Trainee will be filled exclusively by
C.E.T.A. program participants employed on a temporary basis by the
City of Iowa City. The participants' salary expenses will be funded
entirely by C.E.T.A. and their employment will result in no cost to
the City. Participants perform a variety of duties, i.e. Radio
Dispatcher Trainee, Parking Enforcement Trainee, will be placed in
this classification.
C.E.T.A. has requested that this trainee classification and salary
range be established to meet federal requirements.
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RESOLUTION NO. 80-481
RESOLUTION AUTHORIZING EXECAiRCN OF AN AGREEMENT FOR A
WATER MAIN EXTENSION WITH MABEL CONKLIN WOODS.
wHER AS, the City of Iowa City, Iowa, has negotiated an agreement
with Mabel Conklin Woods , a copy of saideme_nt
being attac to s Resolution s reference made a�ereof,
ate.
WHEREAS, the City Council deans it in the public interest to enter
into said agreement which binds Mabel Conklin Woods to pay the City
$4.75 per lineal foot at such time she or subsequent owners tap the water
main to be constructed by the City.
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 Mabel Conklin Woods
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Roberts and seconded by Vevera the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
X
L
X
ERDAHL
X
LYNCH
X
NEUHAUSER
X PERRET
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RESOLUTION NO. 80-481
RESOLUTION AUTHORIZING EXECAiRCN OF AN AGREEMENT FOR A
WATER MAIN EXTENSION WITH MABEL CONKLIN WOODS.
wHER AS, the City of Iowa City, Iowa, has negotiated an agreement
with Mabel Conklin Woods , a copy of saideme_nt
being attac to s Resolution s reference made a�ereof,
ate.
WHEREAS, the City Council deans it in the public interest to enter
into said agreement which binds Mabel Conklin Woods to pay the City
$4.75 per lineal foot at such time she or subsequent owners tap the water
main to be constructed by the City.
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 Mabel Conklin Woods
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Roberts and seconded by Vevera the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
X
BALMER
X
ERDAHL
X
LYNCH
X
NEUHAUSER
X PERRET
X
ROBERTS
X
VEVERA
Passed and approved this 4th day of
November . 19 80
;nc�ivcc
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AGREEMENT FOR MAIN EXTENSION
THIS AGREEMENT made this /3 c day ofyt�,, Cac/ 19 96 , by and
between the City of Iowa City (hereinafter referred to as CITY) and Mabel Conklin
Woods, widow and single, of Iowa City, Iowa, (hereinafter referred to as "USER").
WHEREAS, the City of Iowa City is a municipal corporation authorized to act
pursuant to the laws of the State of Iowa; and
WHEREAS, the undersigned, being owners of the following described real estate
located within the City limits of the City of Iowa City, Johnson County, Iowa,
to -wit: The west 16; feet of the north half of the southeast quarter of the
southwest quarter (N;SE,SWQ of Section 2, Township 79, Range 6, West of the
5th P.M.
and
WHEREAS, said User wishes to have a water main installed in front of the
above described property; and
WHEREAS, the User and the City agree and understand that they do not wish
to avail themselves to the rights and remedies as provided by Chapter 384, of the
Code of Iowa, 1977, as to the installation of said water main.
NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will
install the water main at its own cost in front of the property owned by the User.
Said mains and appurtenances are further described as follows:
6" D.I.P. with appropriate valves and hydrants to be located on the
east side of Conklin Lane, from the hydrant on Conklin Lane 500'
south to the property line of Hickory Hill Park.
In consideration for the City's installation of said water main and appur-
tenances, the User agrees to pay a fee of $4.75 per lineal foot at such time the
User or subsequent owners of the land tap on to the water main. Further, it is
understood that the owner, its assigns or successors and interests, agree to
waive any rights or remedies afforded to it by the provisions of Chapter 384 of
the Code of Iowa, 1977, and more specifically the cost of such improvements
need not meet the requirements of notice, benefit or value as provided by the
law of the State of Iowa for assessing such improvements.
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Further, in consideration for the City constructing said main and appur-
tenances, the owner agrees as a covenant running with the land that this
agreement shall be binding on the owner, its assigns or successors and interests,
purchasers of said property and all subsequent owners of the land described in
this agreement. In addition, the User, its successors and assigns, will be
responsible for the cost of service taps and all rehabilitation of such materials
necessary to make a service tap.
Dated this 13t4 day of �alv¢/ 19 ed , at Iowa City,
Johnson County, Iowa.
OWNER
Sworn and subscribed to before me this /3 � day ofv��
199d.
No a y Public in and for Johnson County, Iowa
My commission expires �. &6 19 Z
CITY OF IOWA CITY
ATTEST: �2L;1,��(i /",
City w elft
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Further, in consideration for the City constructing said main and appur-
tenances, the owner agrees as a covenant running with the land that this
agreement shall be binding on the owner, its assigns or successors and interests,
purchasers of said property and all subsequent owners of the land described in
this agreement. In addition, the User, its successors and assigns, will be
responsible for the cost of service taps and all rehabilitation of such materials
necessary to make a service tap.
Dated this 13t4 day of �alv¢/ 19 ed , at Iowa City,
Johnson County, Iowa.
OWNER
Sworn and subscribed to before me this /3 � day ofv��
199d.
No a y Public in and for Johnson County, Iowa
My commission expires �. &6 19 Z
CITY OF IOWA CITY
ATTEST: �2L;1,��(i /",
City w elft
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JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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PERMANENT WATER MAIN EASEMENT
This agreement, made and entered into by and between
Mabel Conklin Woods, widow, of
Iowa Cit", Iowa first party, which expressions shall
include his/her or their heirs, agents or assigns, and the City of Iowa
City, Iowa, second party, which expressions shall include their agents or
assigns, witnesseth:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt
of which is hereby acknowledged, first party hereby grants and conveys to
second party an easement for the purposes of excavating for and
installation, replacement, maintenance and use of such lines, pipes,
mains, and conduits as second party shall from time to time elect for
conveying water with all necessary appliances and fittings for use in
connection with said pipelines, together with adequate protection
therefore, and also a right-of-way, with the right of ingress and egress
thereto, including all the area described on Exhibit "A" attached to this
easement and by this reference made a part hereof.
First party further grants to second party:
I. The right of ingress to and egress from said strips over and
across said line by means of roads and lanes thereon, if such there be;
otherwise, by such route or routes as shall occasion the least practicable
damage and inconvenience to first party.
2. Second party shall not fence said strip and second party shall
promptly backfill any trench made by it on said strip and repair any
damages it shall do to first party's private roads or lanes on said land.
Second party shall indemnify first party against any loss and damage which
shall be caused by the exercise of said ingress and egress, construction,
and maintenance or by any wrongful or negligent act, omission of second
party or of its agents or employees in the course of their employment.
First party reserves the right to use said strips for purposes which
will not interfere with second party's full enjoyment of their rights
hereby granted; provided that first party shall not erect or construct any
building or other structure, or drill or operate any well, or construct
any reservoir or other obstruction on said area, or diminish or
substantially add to the ground cover over said pipeline or construct
fences or plant trees in said right-of-way, provided, however, that there
may be constructed a fence perpendicular to said line if there is provided
a gate for the use by the party of the second part.
First party hereby covenants with second party that they are lawfully
seized and possessed of the real estate above-described; that they have a
good and lawful right to convey it, or any part thereof.
The positions thereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all covenants
shall apply to and run with thee/land.
Dated this o_3 day of _C/c�a.l<h� 193C!
YJ 101(l �fl i �NX�t vC C16�8 �C �J
Mabel Conklin Woods
MICROFILMED BY
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. CEDAR RAPIDS • DES MOINES
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PERMANENT WATER MAIN EASEMENT
This agreement, made and entered into by and between
Mabel Conklin Woods, widow, of
Iowa Cit", Iowa first party, which expressions shall
include his/her or their heirs, agents or assigns, and the City of Iowa
City, Iowa, second party, which expressions shall include their agents or
assigns, witnesseth:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt
of which is hereby acknowledged, first party hereby grants and conveys to
second party an easement for the purposes of excavating for and
installation, replacement, maintenance and use of such lines, pipes,
mains, and conduits as second party shall from time to time elect for
conveying water with all necessary appliances and fittings for use in
connection with said pipelines, together with adequate protection
therefore, and also a right-of-way, with the right of ingress and egress
thereto, including all the area described on Exhibit "A" attached to this
easement and by this reference made a part hereof.
First party further grants to second party:
I. The right of ingress to and egress from said strips over and
across said line by means of roads and lanes thereon, if such there be;
otherwise, by such route or routes as shall occasion the least practicable
damage and inconvenience to first party.
2. Second party shall not fence said strip and second party shall
promptly backfill any trench made by it on said strip and repair any
damages it shall do to first party's private roads or lanes on said land.
Second party shall indemnify first party against any loss and damage which
shall be caused by the exercise of said ingress and egress, construction,
and maintenance or by any wrongful or negligent act, omission of second
party or of its agents or employees in the course of their employment.
First party reserves the right to use said strips for purposes which
will not interfere with second party's full enjoyment of their rights
hereby granted; provided that first party shall not erect or construct any
building or other structure, or drill or operate any well, or construct
any reservoir or other obstruction on said area, or diminish or
substantially add to the ground cover over said pipeline or construct
fences or plant trees in said right-of-way, provided, however, that there
may be constructed a fence perpendicular to said line if there is provided
a gate for the use by the party of the second part.
First party hereby covenants with second party that they are lawfully
seized and possessed of the real estate above-described; that they have a
good and lawful right to convey it, or any part thereof.
The positions thereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all covenants
shall apply to and run with thee/land.
Dated this o_3 day of _C/c�a.l<h� 193C!
YJ 101(l �fl i �NX�t vC C16�8 �C �J
Mabel Conklin Woods
MICROFILMED BY
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. CEDAR RAPIDS • DES MOINES
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STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this A3 day of 19 ,before me, the undersigned,
a Notary Public in and for said county, in said state, personally appeared
,%Ac @o� <LAJklo 00 s to me known to be the
identicalpersons named in and who executed the within and foregoing
instrument, and acknowledged that they executed the same as the voluntary
act and deed.
Nota y—Public in and tor said County
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
aot�d
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Description Acquired Easement: The following described
real estate in Johnson County, Iowa:
The west 16 1/2 feet of the
north
half
of the southeast quarter of
the south-
west quarter (N2SEkSW4) of
Section
2,
Township 79, Range 6, West
of the
5th.
P.M.
MICROFILMED BY
JORM MICR+LA13
CEDAR RAPIDS • DES MOINES
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7 i'�G..y
/ RESOLUTION NO. 80-482
RESOLUTION RESCINDING RESOLUTION NO. 80-473 AND AUTHORIZING THE
DISPOSITION OF PUBLIC PROPERTY AT 916 SOUTH DUBUQUE STREET, 926 SOUTH I +
DUBUQUE STREET AND 930 SOUTH DUBUQUE STREET, IOWA CITY, IOWA BY PUBLIC
AUCTION.
WHEREAS, a public hearing was held on October 7, 1980 on the proposal to dispose of
public property at 916, 926 and 930 South Dubuque Street, and
WHEREAS, Resolution No. 80-472 authorized the disposition of the house and garage
t
at 926 South Dubuque Street, the house and garage at 1
the house at 916 South Dubuque Street by sealed bid pro930 South Dubuque Street, and
posals, and
WHEREAS, Resolution No. 80-473 authorized the City Manager to execute an agreement
for sale of said structures, and
WHEREAS, the City Council of Iowa City, Iowa was not fully apprised of the minimum
bid requirements in the bid proposals for the sale of said structures, and
WHEREAS, the bids received on said structures were below the minimum bid
requirements of the bid proposals, and
WHEREAS, all prospective bidders should have equal opportunity to bid on said
structures,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
i
I. That Resolution No. 80-473 be rescinded, and the bids received for the
disposition of the structures are hereby rejected; and
2• That the City Clerk is directed to publish notice of a public auction for the
disposal of the structures at 916 South Dubuque Street, 926 South Dubuque
Street, and 930 South Dubuque Street, pursuant to the terms and conditions set
forth in the proposal and contract attached hereto.
It was moved by Roberta and
Resolution be adopted, and upon roll call there were: by Vevera that the
-- 9
AYES: NAYS: ABSENT:
X Balmer '
X Erdahl
—" Lynch
Neuhauser i
X Perret
x Roberts
—" Vevera
Passed and approved this 4th day of Nov. 1980.
MAYOR z
ATTEST: ,
CI Y CLERK
/j.11l.k'L�Rl.1
M! LEGAL DLi'..(,. .
q
If
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES „.
1
R
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7 i'�G..y
/ RESOLUTION NO. 80-482
RESOLUTION RESCINDING RESOLUTION NO. 80-473 AND AUTHORIZING THE
DISPOSITION OF PUBLIC PROPERTY AT 916 SOUTH DUBUQUE STREET, 926 SOUTH I +
DUBUQUE STREET AND 930 SOUTH DUBUQUE STREET, IOWA CITY, IOWA BY PUBLIC
AUCTION.
WHEREAS, a public hearing was held on October 7, 1980 on the proposal to dispose of
public property at 916, 926 and 930 South Dubuque Street, and
WHEREAS, Resolution No. 80-472 authorized the disposition of the house and garage
t
at 926 South Dubuque Street, the house and garage at 1
the house at 916 South Dubuque Street by sealed bid pro930 South Dubuque Street, and
posals, and
WHEREAS, Resolution No. 80-473 authorized the City Manager to execute an agreement
for sale of said structures, and
WHEREAS, the City Council of Iowa City, Iowa was not fully apprised of the minimum
bid requirements in the bid proposals for the sale of said structures, and
WHEREAS, the bids received on said structures were below the minimum bid
requirements of the bid proposals, and
WHEREAS, all prospective bidders should have equal opportunity to bid on said
structures,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
i
I. That Resolution No. 80-473 be rescinded, and the bids received for the
disposition of the structures are hereby rejected; and
2• That the City Clerk is directed to publish notice of a public auction for the
disposal of the structures at 916 South Dubuque Street, 926 South Dubuque
Street, and 930 South Dubuque Street, pursuant to the terms and conditions set
forth in the proposal and contract attached hereto.
It was moved by Roberta and
Resolution be adopted, and upon roll call there were: by Vevera that the
-- 9
AYES: NAYS: ABSENT:
X Balmer '
X Erdahl
—" Lynch
Neuhauser i
X Perret
x Roberts
—" Vevera
Passed and approved this 4th day of Nov. 1980.
MAYOR z
ATTEST: ,
CI Y CLERK
/j.11l.k'L�Rl.1
M! LEGAL DLi'..(,. .
q
If
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES „.
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AUCTION PROPOSAL
Date received
File #
Bid for Removal of House(s) Located on South Dubuque Street
Name of Bidder
Address of Bidder
To: City Clerk
City of Iowa City
Iowa City, Iowa 52240
The undersigned bidder, having examined and determined the scope of the
contract documents and successfully entered a bid herein at an auction held
at on day of
1980.
A. Proposal
The undersigned, hereinafter designated as Buyer, offers to accomplish
the removal of the house(s) listed on specification, attached hereto, at
the property locally know as
aaaress(es). The undersigned hereby acknowledges that this Auction
Proposal is contingent upon satisfaction of all requirements set forth
in the Agreement attached hereto and reported by reference herein, and
further that acceptance is final upon execution of all contract
documents.
B. Notice to Proceed
Upon acceptance of this bid, submission of evidence of satisfactory
insurance coverage, and execution of the agreement, the work will be
started within 10 days after a written notice to proceed is delivered to
the Buyer. Work will not proceed until all building permits have been
issued by Building Inspector for the City of Iowa City.
C. Time for Completion
Work shall be completed within 60 days after Buyer proceeds. If the
Buyer is unable to perform within this time period because of inclement
weather, the time of performance may be extended in writing, signed by
the Buyer and the City of Iowa City. When the work has been fully
completed and certificate of occupancy issued, the Buyer's performance
bond will be returned.
i
CUP-
MICROFILMED
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MICROFILMED BY
JORM MICR+LAB \
CEDAR RAPIDS • DES MOINES
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AUCTION PROPOSAL
Date received
File #
Bid for Removal of House(s) Located on South Dubuque Street
Name of Bidder
Address of Bidder
To: City Clerk
City of Iowa City
Iowa City, Iowa 52240
The undersigned bidder, having examined and determined the scope of the
contract documents and successfully entered a bid herein at an auction held
at on day of
1980.
A. Proposal
The undersigned, hereinafter designated as Buyer, offers to accomplish
the removal of the house(s) listed on specification, attached hereto, at
the property locally know as
aaaress(es). The undersigned hereby acknowledges that this Auction
Proposal is contingent upon satisfaction of all requirements set forth
in the Agreement attached hereto and reported by reference herein, and
further that acceptance is final upon execution of all contract
documents.
B. Notice to Proceed
Upon acceptance of this bid, submission of evidence of satisfactory
insurance coverage, and execution of the agreement, the work will be
started within 10 days after a written notice to proceed is delivered to
the Buyer. Work will not proceed until all building permits have been
issued by Building Inspector for the City of Iowa City.
C. Time for Completion
Work shall be completed within 60 days after Buyer proceeds. If the
Buyer is unable to perform within this time period because of inclement
weather, the time of performance may be extended in writing, signed by
the Buyer and the City of Iowa City. When the work has been fully
completed and certificate of occupancy issued, the Buyer's performance
bond will be returned.
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MICROFILMED
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CEDAR RAPIDS • DES MOINES
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D. Bid
For the consideration named therein, the Buyer proposes to purchase the
house(s) located at and to
fulfill all terms of the Contract for the lump sum price of
S
The undersigned bidder certifies that this Auction Proposal is made in
good faith, without collusion or connection with any other person or
persons bidding on the work.
The undersigned bidder states that this Auction Proposal is made in
conformity with the contract documents and agrees that in the event of
any discrepancies or differences between any conditions of his proposal
and the contract documents prepared by the City of Iowa City, the
provisions of the latter shall prevail.
BUYER
Name of Buyer
Signature of Buyer
Address of Buyer
Date of Proposal and Bid
Witnessed
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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D. Bid
For the consideration named therein, the Buyer proposes to purchase the
house(s) located at and to
fulfill all terms of the Contract for the lump sum price of
S
The undersigned bidder certifies that this Auction Proposal is made in
good faith, without collusion or connection with any other person or
persons bidding on the work.
The undersigned bidder states that this Auction Proposal is made in
conformity with the contract documents and agrees that in the event of
any discrepancies or differences between any conditions of his proposal
and the contract documents prepared by the City of Iowa City, the
provisions of the latter shall prevail.
BUYER
Name of Buyer
Signature of Buyer
Address of Buyer
Date of Proposal and Bid
Witnessed
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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D. Bid
For the consideration named therein, the Buyer proposes to purchase the
house(s) located at and to
fulfill all terms of the Contract for the lump sum price of
S
The undersigned bidder certifies that this Auction Proposal is made in
good faith, without collusion or connection with any other person or
persons bidding on the work.
The undersigned bidder states that this Auction Proposal is made in
conformity with the contract documents and agrees that in the event of
any discrepancies or differences between any conditions of his proposal
and the contract documents prepared by the City of Iowa City, the
provisions of the latter shall prevail.
BUYER
Name of Buyer
Signature of Buyer
Address of Buyer
Date of Proposal and Bid
Witnessed
MICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
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AGREEMENT TO SELL
This Agreement to Sell is made this day of 1980
by and between the City of Iowa City, Iowa, hereinafter called S LLER, and
hereinafter called BUYER.
WHEREAS, the City of Iowa City, Iowa, is authorized and empowered by
state law to enter into agreements for the disposal of property owned by
the City of Iowa City, Iowa, and
WHEREAS, Resolution No. authorized the sale of certain property
in the Lower Ralston Creek project area, and
WHEREAS, of
County, State of Iowa, submitted a bid of dollars
($ ) for the following described property:
i
NOW, THEREFORE, the BUYER and SELLER hereby mutually covenant and
agree to the following terms, covenants and conditions:
1. THE SELLER is the owner of the following described property and has
the right to sell and convey the same; to -wit:
i
i
2. That the BUYER agrees to pay SELLER the sum of dollars
($ _) as the purchase price for the property described in
paragraph one above.
3. That upon tender of the agreed amount of money for the property
described in paragraph one above, the SELLER has agreed to convey the
same to the BUYER.
4. That the BUYER agrees to apply for and be issued a building permit
for demolition of said property within 60 days from the date of this
4
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES 4
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Agreement; BUYER further agrees to remove said property from its
present location within sixty (60) days of the date of this
agreement.
E
5. FORCED DELAY IN PERFORMANCE. Neither the SELLER nor the BUYER, nor
any successor in interest, shall be considered in breach, or default
of, its obligations with respect to the preparation of the property
for demolition, or the commencement and completion of removal or i
demolition, in the event of enforced delay in performance of such
obligations due to unforeseeable causes beyond its control and j
without its fault or negligence. The time for the performance of the
obligations shall be extended for the period of the enforced delay,
as determined by the SELLER, if the party seeking the expenses shall
request it in writing of the other party within ten (10) days after i
the beginning of the enforced delay.
6. REMEDIES.
In General. Except as otherwise provided in this Agreement, in the
event of any default in or breach of the Agreement or any of its
terms or conditions, by either party hereto, or any successor to such
party, such party (or successor) shall, upon written notice from the
other, proceed immediately to cure or remedy such default or breach,
and, in any event, within sixty (60) days after receipt of such
notice. In case such action is not taken or not diligently pursued, i `!
or the default or breach shall not be cured or remedied within a t
reasonable time, the agreed party may institute such proceedings as
may be necessary or desirable in its opinion to cure or remedy such
default or breach, including, but not limited, proceedings to compel
specific performance by the party in default or breach of its
obligations.
7. BUYER shall, prior to and subsequent to demolition of said property,
remove all rubbish and trash within said property and shall haul the
trash and rubbish to the municipal sanitary landfill at his/her own
expense. BUYER agrees to comply with standards and practices for
protection of job site, trenching, movement of heavy equipment and
other similar standards for demolition as set forth in the Uniform
Building Code.
8. BUYER shall, after the completion of the demolition of said property,
fill the basement level with the adjoining ground using clean,
compacted fill dirt.
9. In addition to the above -stated consideration, BUYER shall deposit
with the Director of Finance of the City of Iowa City,
Iowa,
to
performance bond of five thousand dollars ($5,000) per
be moved.
10. That upon a showing by BUYER to the SELLER that the terms, covenants
and conditions stated herein are complied with and upon SELLER'S
approval of BUYER'S performance, SELLER shall refund to BUYER,
BUYER'S performance bond, after deducting a sum sufficient to SELLERfor
any and all costs, damages and expenses incurred by y
reason of removal of said property.
MICROFILMED BY
DORM MICR+LA9
CEDAR RAPIDS • DES MOINES
3P`)
11. Failure of performance by BUYER of any of the terms, covenants and
conditions of this Agreement shall constitute a breach of contract
and SELLER, in addition to any and all of the legal and equitable
remedies which it may have, in its option, may proceed to cancel this
contract and forfeit BUYER'S performance bond together with all
monies paid to SELLER as compensation for the use of said property,
and/or as liquidated damages for breach of contract.
12. This Agreement shall be binding upon the heirs, executors, admini-
strators, assigns, and successors of the parties hereto, and no
provisions, terms, or obligations herein contained shall be
affected, modified, altered or changed in any respect whatsoever
without an expressed written agreement between the parties involved
to do so. Further, any and all heirs, executors, administrators,
assigns, and successors shall be bound by the terms and conditions of
this agreement and accept the responsibility for full performance of
these conditions.
13. CONFLICT OF INTEREST: SELLER'S REPRESENTATIVES NOT INDIVIDUALLY
LIABLE. No member, official, or employee of SELLER shall have any
personal interest, direct or indirect, in this Agreement, nor shall
any member, official, or employee participate in any decision
relating to this agreement which affect his/her personal interests
or the interests of any corporation, partnership, or association in
which she/he is, directly or indirectly, interested. No member,
official, or employee of the SELLER shall be personally liable to the
BUYER or any successor in interest, in the event of any default or
breach by the SELLER or for any amount which may become due to the
BUYER or successor or on any obligation under the terms of this
Agreement.
14. ACCIDENT PREVENTION. The BUYER shall exercise proper precaution at
all times for the protection of persons and property including any
barricading, flagmen and/or fencing required to protect the public,
which protections shall be provided at BUYER'S expense, and shall be
responsible for all injury or damages to persons or property, either
on or off-site, which occur as a result of his/her prosecution of the
work. The State's revisions of all applicable laws and building and
construction codes shall be observed and the BUYER shall take or
cause to be taken such additional safety and health measures as the
City of Iowa City may determine to be reasonably necessary.
15. The BUYER shall indemnify and save harmless the City of Iowa City
from liability for any injury or damages to persons or property
resulting from the prosecution of work under this contract.
16. INSURANCE. (See Sec. 8-63 of the Iowa City Code)
The BUYER shall file with the Building Inspector a liability
insurance policy issued by an insurance company authorized to do
business in the state, protecting the BUYER and the City and its
officials, providing for coverage of fifty thousand dollars
($50,000.00) for any property damage, one hundred thousand dollars
($100,000.00) for injuries to any one person, and three hundred
thousand dollars ($300,000.00) for injuries to all persons in any one
accident, which policy may be a blanket insurance policy covering all
house moving for which the applicant has obtained a permit. Such
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
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11. Failure of performance by BUYER of any of the terms, covenants and
conditions of this Agreement shall constitute a breach of contract
and SELLER, in addition to any and all of the legal and equitable
remedies which it may have, in its option, may proceed to cancel this
contract and forfeit BUYER'S performance bond together with all
monies paid to SELLER as compensation for the use of said property,
and/or as liquidated damages for breach of contract.
12. This Agreement shall be binding upon the heirs, executors, admini-
strators, assigns, and successors of the parties hereto, and no
provisions, terms, or obligations herein contained shall be
affected, modified, altered or changed in any respect whatsoever
without an expressed written agreement between the parties involved
to do so. Further, any and all heirs, executors, administrators,
assigns, and successors shall be bound by the terms and conditions of
this agreement and accept the responsibility for full performance of
these conditions.
13. CONFLICT OF INTEREST: SELLER'S REPRESENTATIVES NOT INDIVIDUALLY
LIABLE. No member, official, or employee of SELLER shall have any
personal interest, direct or indirect, in this Agreement, nor shall
any member, official, or employee participate in any decision
relating to this agreement which affect his/her personal interests
or the interests of any corporation, partnership, or association in
which she/he is, directly or indirectly, interested. No member,
official, or employee of the SELLER shall be personally liable to the
BUYER or any successor in interest, in the event of any default or
breach by the SELLER or for any amount which may become due to the
BUYER or successor or on any obligation under the terms of this
Agreement.
14. ACCIDENT PREVENTION. The BUYER shall exercise proper precaution at
all times for the protection of persons and property including any
barricading, flagmen and/or fencing required to protect the public,
which protections shall be provided at BUYER'S expense, and shall be
responsible for all injury or damages to persons or property, either
on or off-site, which occur as a result of his/her prosecution of the
work. The State's revisions of all applicable laws and building and
construction codes shall be observed and the BUYER shall take or
cause to be taken such additional safety and health measures as the
City of Iowa City may determine to be reasonably necessary.
15. The BUYER shall indemnify and save harmless the City of Iowa City
from liability for any injury or damages to persons or property
resulting from the prosecution of work under this contract.
16. INSURANCE. (See Sec. 8-63 of the Iowa City Code)
The BUYER shall file with the Building Inspector a liability
insurance policy issued by an insurance company authorized to do
business in the state, protecting the BUYER and the City and its
officials, providing for coverage of fifty thousand dollars
($50,000.00) for any property damage, one hundred thousand dollars
($100,000.00) for injuries to any one person, and three hundred
thousand dollars ($300,000.00) for injuries to all persons in any one
accident, which policy may be a blanket insurance policy covering all
house moving for which the applicant has obtained a permit. Such
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
4
policy shall inure to the benefit of the City and the City shall be
named insured therein for the use and benefit of any person intended
to be protected therby and shall be conditioned on the payment of any
damage to public or private property and the payment for any damages
or losses resulting from any malfeasance, misfeasance, nonfeasance
or negligence in connection with any of the activities or conditions
upon which the permit applied for is granted.
17. Storage of salvage materials and equipment on the project site will
be permitted only for the duration of this contract, and the storage
shall at no time interfere with the activities of the City of Iowa
City or other parties.
18. The properties are sold "as is," without warranty as to condition,
suitability for relocation in city limits, liability, etc.
19. Parties agrees this Agreement shall be binding on their respective
successors in interest; but in no event shall this Agreement be
assigned without written consent of CITY.
Dated this _ day of 1980.
FOR CITY:
CITY MANAGER
ATTEST:
CITY CLERK
FOR BUYER:
R
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policy shall inure to the benefit of the City and the City shall be
named insured therein for the use and benefit of any person intended
to be protected therby and shall be conditioned on the payment of any
damage to public or private property and the payment for any damages
or losses resulting from any malfeasance, misfeasance, nonfeasance
or negligence in connection with any of the activities or conditions
upon which the permit applied for is granted.
17. Storage of salvage materials and equipment on the project site will
be permitted only for the duration of this contract, and the storage
shall at no time interfere with the activities of the City of Iowa
City or other parties.
18. The properties are sold "as is," without warranty as to condition,
suitability for relocation in city limits, liability, etc.
19. Parties agrees this Agreement shall be binding on their respective
successors in interest; but in no event shall this Agreement be
assigned without written consent of CITY.
Dated this _ day of 1980.
FOR CITY:
CITY MANAGER
ATTEST:
CITY CLERK
FOR BUYER:
R
MICROFILMED BY
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3. 916 S. Oubuqu_;
a. The house contains 1,043 square feet, brick construction.
b• A six room house including living room
and three bedrooms. , dining room, kitchen,
C. It has one bath.
d. Fairly new gas furnace.
e. Aluminum siding.
'r.
f. Combination aluminum storms and screens.
g. One-story.
h. Plaster walls.
40 -gallon hot water heater.
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3. 916 S. Oubuqu_;
a. The house contains 1,043 square feet, brick construction.
b• A six room house including living room
and three bedrooms. , dining room, kitchen,
C. It has one bath.
d. Fairly new gas furnace.
e. Aluminum siding.
'r.
f. Combination aluminum storms and screens.
g. One-story.
h. Plaster walls.
40 -gallon hot water heater.
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Balmer
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RESOLUTION NO. 80-483
RESOLUTION ADOPTING SUPPLEMENT NUMBER SIX TO THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA.
WHEREAS, the Municipal Code Corporation has prepared the sixth supplement
to the Code of Ordinances of the City of Iowa City, Iowa, and,
WHEREAS, it is deemed appropriate to adopt supplement number six by
resolution as a part of the said Code of Ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That supplement number six to the Code of Ordinances of the City of
Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this
reference made a part hereof, is hereby officially adopted as a part of
the said Code of Ordinances.
2. That the Mayor is hereby authorized to sign, and the City Clerk to
attest, this Resolution.
It was moved by Vevera and seconded by Roberts that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Balmer
s
Erdahl
X
Lynch
X
Neuhauser
x Perret
_
X
Roberts
x
Vevera
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s
RESOLUTION NO. 80-483
RESOLUTION ADOPTING SUPPLEMENT NUMBER SIX TO THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA.
WHEREAS, the Municipal Code Corporation has prepared the sixth supplement
to the Code of Ordinances of the City of Iowa City, Iowa, and,
WHEREAS, it is deemed appropriate to adopt supplement number six by
resolution as a part of the said Code of Ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That supplement number six to the Code of Ordinances of the City of
Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this
reference made a part hereof, is hereby officially adopted as a part of
the said Code of Ordinances.
2. That the Mayor is hereby authorized to sign, and the City Clerk to
attest, this Resolution.
It was moved by Vevera and seconded by Roberts that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Balmer
s
Erdahl
X
Lynch
X
Neuhauser
x Perret
_
X
Roberts
RESOLUTION NO. 80-483
RESOLUTION ADOPTING SUPPLEMENT NUMBER SIX TO THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA.
WHEREAS, the Municipal Code Corporation has prepared the sixth supplement
to the Code of Ordinances of the City of Iowa City, Iowa, and,
WHEREAS, it is deemed appropriate to adopt supplement number six by
resolution as a part of the said Code of Ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That supplement number six to the Code of Ordinances of the City of
Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this
reference made a part hereof, is hereby officially adopted as a part of
the said Code of Ordinances.
2. That the Mayor is hereby authorized to sign, and the City Clerk to
attest, this Resolution.
It was moved by Vevera and seconded by Roberts that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Balmer
x
Erdahl
X
Lynch
X
Neuhauser
x Perret
_
X
Roberts
x
Vevera
Passed and approved this 4thday of November , 1980.
AYOR �--
ATTEST:
CITY CLERK
MICROFILMED BY
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By 'i(;o c� Dapartrnant
S Aa'ZS^;-J
ao�ca
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SUPPLEMENT NO. 6
CODE OF ORDINANCES
City of
IOWA CITY, IOWA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable
to be included at this
time
through:
Ordinance No. 80-2999, enacted July 15, 1980.
See Code Comparative Table, page 2956.
Remove old pages
[11-[41
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541, 542, 542.1
199, 200, 201
541, 542, 542.1
I
1537 through 1540
1909, 1910
1903 through 1906.1
2291, 2292
1909, 1910
2299, 2300
2291, 2292, 2292.1
2529, 2530
2557, 2558
2299, 2300
2529, 2530, 2530.01
2913, 2914
2557, 2558, 2558.1
2955, 2956
2913, 2914
2955, 2956
Index pages
3005, 3006
�3
SUPPLEMENT NO. 6
CODE OF ORDINANCES
City of
IOWA CITY, IOWA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable
to be included at this
time
through:
Ordinance No. 80-2999, enacted July 15, 1980.
See Code Comparative Table, page 2956.
Remove old pages
[11-[41
Insert new pages
199,200
[11-[41
541, 542, 542.1
199, 200, 201
541, 542, 542.1
1537 through 1540
1903 through 1906
1537 through 1540
1909, 1910
1903 through 1906.1
2291, 2292
1909, 1910
2299, 2300
2291, 2292, 2292.1
2529, 2530
2557, 2558
2299, 2300
2529, 2530, 2530.01
2913, 2914
2557, 2558, 2558.1
2955, 2956
2913, 2914
2955, 2956
Index pages
3005, 3006
Index pages
3042.1, 3042.2
3005, 3006
3042.1, 3042.2
Insert this instruction sheet
Pages for reference.
in front of volume. File deleted
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
Septembar, 1980
Note—For checklist of up-to-date pages in Code, see page
[1] following Table of Contents.
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Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement.)
From our experience in publishing Looseleaf Supplements
on a page-for-page substitution basisit has become evident
that through usage and supplementation many pages can be
inserted and removed in error.
The following listing is included in this Code as a ready
guide for the user to determine whether the Code volume
Properly reflects the latest printing of each page.
In the first column all
The page numbers are listed in sequence.
second column reflects the latest printing of the pages
as they should appear in an up-to-date volume. The lettere
"OC" indicate the pages have not been reprinted in the
Supplement Service and a
_ Code. When a PPear beenre published for the original
printed or printed in the
Supplement Sery cee his columna reflects the identification
number or Supplement Number printed on the bottom of the
Page.
In addition to assisting ex
list may be used in co'sting holders of the Code, this
mpiling an up-to-date copy from the
original Code and subsequent Supplements.
j
Page No. Supp, No. Page No,
Title pageSaPP• No.
iii OC 19, 20 OC
OC 71
V, vi OC 121-126 1
vii OC
3 177-198
ix—xiv OC
OC 199-201
ZVIXxvi�i.i vi 2 261-263 OC
xis—axil 6 363-312 OC
[11—[41 6 366--368.11-4
1
j 6-6l OC 369-372 8
i7-16 1 37374.2 G
17, 18 OC 376, 376 OC
SuPP• No. 6 1 377—,978.1 1
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Page No.
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Supp. No.
379-381
OC 1165-1166.1
3
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OC 1167, 1168
2
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OC 1169-1174.1
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OC
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OC
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OC
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CHECKLIST
OF UP-TO-DATE PAGES—IOWA
CPPV
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Page No.
Supp. No. Page No.
Supp. No.
1903-1906.1
6
2495-2498.1
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1907, 1908
1
2499-2506
OC
1909, 1910
6
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1
1911-1914
1967-1970
1
2511-2616
O
2021
OC
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1
1
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2121-2128
OC
OC
2519, 2520
2521-2528
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OC
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Supp. No.
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3002.1-3002.3 1 3035-3036.1
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ADBUNISTRATfON
§ z -zoo
(b) Such Secretary shall be a nonvoting member of the
agency and shall be responsible for the following:
(1) Maintenance of all records pertaining to the business of
the agency;
(2) Preparation of appropriate orders for consideration of
the agency;
(3) Service of all notifications required of the agency. (Ord.
No. 77-2851, § 10, 8.2.77)
Sec. 2-191. Record of appeal.
The record of any appeal under this article shall include:
(1) All no petitions and orders;
(2) All evidence received or considered and all other sub.
missions;
(3) All offers of proof, objections and rulings thereon;
(4) All findings and exceptions;
(5) Any decision, opinion or report of the agency. (Ord N0.
77-2851, § 10, 8.2-77)
Sec. 2-192. Informal dispositions.
After commencement of an appeal under this article, in.
formal disposition of the matter may be made by any method
agreed upon by the parties in writing. (Ord. No. 77-2851, § 5,
8.2-77)
Sere. 2.193-2.203. Reserved.
ARTICLE X. FINANCIAL PROCEDURES*
Sec. 2-204. Opening of bide.
The city council Shall, by the resolution ordering the adver-
4i8ing of bids for public improvements, establish the day and
It *Cross reference—Library fund account, § 20.4.
J Supp. No. 8
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§ 2-204 IOWA CITY CODE
time that the city manager, city clerk, city engineer, or other
designated officer shall conduct the meeting of hearing, as
required in connection with the receiving and opening of such
bids and announcing the results. Such officer shall thereupon
report the results of the bidding, together with his/her recom-
mendations to the council at its next regular meeting. (Code
1966, § 2.61.1; Ord. No. 2430)
Sec. 2.205. Award of contracts.
At the next council meeting at which it receives such report
and recommendation, the city council shall, after receiving
such report and recommendations, award a contract, reject all
bids or defer the award to a future time. The council shall also
determine, if any, the number of bid securities which shall
be returned. (Code 1966, § 2.61.2; Ord. No. 2430)
Sec. 2.206. Issuance of industrial revenue bonds, financing
fee.
The city shall charge a financing fee at the time that in-
dustrial revenue bonds are issued. The fee shall reflect the
actual costs incurred by the city in preparation for the issu-
ance of the industrial revenue bonds including, but not limited
to, the fees of legal counsel and of a bond consultant retained
by the city, the time of city staff, and publication costs. The
applicant shall receive a detailed statement of estimated costs
at least three (3) days prior to the public hearing.
Should the applicant withdraw his/her application or should
the project be terminated for any reason, the city shall charge
the applicant for actual costs incurred and the applicant shall
reimburse the city within thirty (30) days of receipt of the
statement of costs. (Ord. No. 80-2987, § 1, 2-19-80)
Editor's note—Ord. No. 79.2961, §§ 1-3, adopted July 17, 1979, did
not specifically amend the Code and was codified at the editor's discre-
tion. Ord. No. 80.2987, § 2, adopted Feb. 19, 1980, repealed the above-
mentioned ordinance. The editor has codified § 1 of Ord. No. 80.2987 in
lieu of the earlier provisions.
Supp. No. 6 200
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§ 2-204 IOWA CITY CODE
time that the city manager, city clerk, city engineer, or other
designated officer shall conduct the meeting of hearing, as
required in connection with the receiving and opening of such
bids and announcing the results. Such officer shall thereupon
report the results of the bidding, together with his/her recom-
mendations to the council at its next regular meeting. (Code
1966, § 2.61.1; Ord. No. 2430)
Sec. 2.205. Award of contracts.
At the next council meeting at which it receives such report
and recommendation, the city council shall, after receiving
such report and recommendations, award a contract, reject all
bids or defer the award to a future time. The council shall also
determine, if any, the number of bid securities which shall
be returned. (Code 1966, § 2.61.2; Ord. No. 2430)
Sec. 2.206. Issuance of industrial revenue bonds, financing
fee.
The city shall charge a financing fee at the time that in-
dustrial revenue bonds are issued. The fee shall reflect the
actual costs incurred by the city in preparation for the issu-
ance of the industrial revenue bonds including, but not limited
to, the fees of legal counsel and of a bond consultant retained
by the city, the time of city staff, and publication costs. The
applicant shall receive a detailed statement of estimated costs
at least three (3) days prior to the public hearing.
Should the applicant withdraw his/her application or should
the project be terminated for any reason, the city shall charge
the applicant for actual costs incurred and the applicant shall
reimburse the city within thirty (30) days of receipt of the
statement of costs. (Ord. No. 80-2987, § 1, 2-19-80)
Editor's note—Ord. No. 79.2961, §§ 1-3, adopted July 17, 1979, did
not specifically amend the Code and was codified at the editor's discre-
tion. Ord. No. 80.2987, § 2, adopted Feb. 19, 1980, repealed the above-
mentioned ordinance. The editor has codified § 1 of Ord. No. 80.2987 in
lieu of the earlier provisions.
Supp. No. 6 200
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ADb1INISTRATION $ 2.207
— Sec. 2-207. Amortization of conditional deficiency
assessments on public improvement proj-
ects.
(a) Period set, generally. The period Of amortization for
conditional deficiency assessments on public improvement
projects for opening, establishing or grading streets, the
construction of portland cement concrete or asphalt concrete
street improvements, storm sewers, sanitary sewers, water
mains, pedestrian underpasses and overpasses, sewage
pumping stations, disposal or treatment plants, drainage
conduits, channels and levees, street lighting, parking
facilities, and appurtenant facilities, is hereby established as
ten (10) years, to be calculated commencing from the date of
adoption by the council of the city of the resolution
accepting the completed public improvements.
(b) Special periods for sidewalks, street repair, tree
remoual. The period of amortization, to be computed in the
same manner as established in subsection (a) hereof, is
hereby established as seven (7) years for conditional
deficiency assessments on sidewalks and three (3) years for
i' the repair of street grading, street surfacing with oil, gravel,
oil and gravel or chloride, or for the removal of diseased or
dead trees.
(c) Amendment of period. In any instance where the
council determines that the useful life of a public
improvement for which there are conditional deficiency
assessments should be for a different time period than
hereinabove established, the council may so provide for such
period by amendment hereto, prescribing the appropriate
amortization period as may be applicable to these specific
public improvements. (Ord. No. 80-2999, §§ 1-3, 7-15-80)
Editor's note—Ord. No. 80.2999, §§ 1-3, adopted July 16, 1980, did not
expressly amend this Code; hence, codification as 1 2.207 has been at the
editor's discretion.
Cross references—Streets, sidewalks and public places, Ch. 31; utilities,
Ch. 33.
State law reference—City required to set amortization period, I.C.A., $
384.63.
Supp• No.6 [Tho next page is 261]
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BUILDINGS AND BUILDING REGULATIONS § 8.17
less in height, ane -half of the first line of listed values in
Table No. 23-F may be used. The structures shall be de-
signed to withstand and uplift wind pressure equal to
three-fourths of the horizontal pressure. (Ord. No. 79-
2970, § 2, 9-18-79)
(14) Section 3205(a). Access is amended to read as follows:
An attic access opening shall be provided in the ceiling
of the top floor of buildings with combustible ceiling or roof
construction. The opening shall be located in a corridor or
hallway of buildings of three (3) or more stories in height
and readily accessible in buildings of any height. Closets
are not deemed readily accessible.
The opening shall be not less than twenty-two
by thirty (30) inches. (22) inches
Thirty -inch minimum clear head room shall be provided
above the access opening.
Attics with a maximum vertical clear height of less than
thirty (30) inches need not be provided with access open.
ings. (Ord. No. 77-2859, § 3, 9.6-77)
(14.1) Section 3301(c). Definitions is hereby amended
to read as follows:
Public way is any street, alley or similar parcel of land
essentially unobstructed from the ground to the sky, which
is deeded, dedicated or otherwise permanently appropriated
to the public for public use and having a clear width of not
less than ten (10) feet. (Ord. No. 80-2985, § 2, 2-19-80)
(14.2) Section 3302d. Distance to exits is hereby amended
to read as follows:
(d) The maximum distance of travel from any point to
an exterior exit door, horizontal exit passageway or an
enclosed stairway in a building not equipped with an
automatic sprinkler system throughout shall not excced
one hundred fifty (150) feet or two hundred (200) feet in a
building equipped with an automatic sprinkler system
throughout. These distances may be increased one
Supp. No. 6
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§ 8-17 IOWA CITY CODE
•
I
hundred (100) feet when the last one hundred fifty (150)
feet is within a corridor, complying with Section 3304.
In a one-story Group B, Division 4 Occupancy classified
as a factory or a warehouse and in one-story airplane
hangars the exit travel distance may be increased to four
hundred (400) feet if the building is equipped with an
automatic sprinkler system throughout and provided with
smoke and heat ventilation as specified in Section 3206.
In an open parking garage, as defined in Section 1109,
the exit travel distance may be increased to two hundred
' fifty (250) feet. (Ord. No. 80-2993, § 2, 4-8-80)
(15) Section 3305(j). Handrails is hereby amended to read
as follows:
(j) Stairways shall have handrails on each side, and
- every stairway required to be more than eighty-eight (88)
inches in width shall be provided with not less than one
intermediate handrail for each eighty-eight (88) inches of
required width. Intermediate handrails shall be spaced [an]
approximately equal [distances from the outer edges] with-
in the entire width of the stairway.
Handrails shall be placed not less than thirty (30) inches
nor more than thirty-four (34) inches above the nosing of
treads. They shall be continuous the full length of the
stairs and except for private stairways at least one hand-
rail shall extend not less than six (6) inches beyond the
top and bottom risers. Ends shall be returned or shall ter-
minate in newel posts or safety terminals.
Exception No. 1: Stairways forty-four (44) inches or less
in width and stairways serving one individual dwelling
unit in Group R, Division 1 or 3 occupancies may have one
handrail, except that such stairways open on one or both
sides shall have handrails provided on the open side or sides.
i
Exception No. 2: Stairways having less than four (4)
risers need not have handrails.
Handrails projecting from a wall shall have a space of
not less than one and one-half (11/2) Inches between the
wall and the handrail. (Ord. No. 78-2912, § 2, 7-25-78)
Supp, No. s 542
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BUILDINGS AND BUILDING REGULATIONS § B-17
(16) Chapter 11 in the appendix is hereby amended to read
as follows:
Chapter 11
COVERED MALL BUILDINGS
Sec. 1110. General.
(a) Purpose. The purpose of this chapter is to establish
minimum standards of safety for the construction and use
of covered mall buildings.
(b) Scope. The provisions of this chapter shall apply to
buildings or structures defined herein as covered mall build-
ings.
Exception: When approved by the building official, the
following uses need not comply with the provisions of this
chapter:
(1) Terminals for transportation facilities.
(2) Foyers and lobbies of hotel, apartment and office
buildings.
(3) Buildings need not comply with the provisions of this
chapter when they comply totally with all other appli-
cable provisions of this code.
(c) Definition, For the purpose of this chapter, certain
terms are defined as follows:
Covered mall building is a single building enclosing a
number of tenants and occupancies such as retail
stores, drinking and dining establishments, enter-
tainment and amusement facilities, offices and other
similar uses wherein two (2) or more tenants have
a main entrance into one or more malls.
Anchor store is an exterior perimeter department store
or major merchandising center having direct access
to a mall but having all required exits independent
of a mall.
Gross leasable area is the total floor area designed for
Supp, No. 6 tenant occupancy and exclusive use. The area of
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MOTOR VEHICLES AND TRAFFIC § 23-2I
person or corporation in whose name such vehicle is registered
shall be held prima facie responsible for such violation. (Code
1966, § 6.18.01; Ord. No. 77-2836, § II, 6-10-77)
Sec. 23.21. Impoundment.
(a) Impoundment for obstruction of traffic. The police de-
partment or any officer, agent or employee of the city desig-
nated to enforce the parking ordinances of the city on finding
a vehicle unattended at a place where the vehicle constitutes
an obstruction to vehicular or pedestrian traffic may remove
or cause the removal of such vehicle to a place designated by
a peace officer for the storage of impounded vehicles. Upon
impoundment of such vehicle, the city shall notify the last
known registered owner of such impoundment by certified
mail if the name and address of the owner can be ascertained
with reasonable diligence. The registered owner or operator
may reclaim such vehicle by payment of any charges incurred
for towing and storage.
(b) Impoundment for accumulated parking violations.
(1) Whenever it is determined that any vehicle has accumu-
lated five (5) or more parking tickets or fifteen (15) or
more dollars worth of accumulated parking violations
as defined in the provisions of this Code, such vehicle
may be impounded subject to the following conditions:
a. Impoundment shall occur only after notice and op-
portunity for an administrative hearing is offered
to the last known registered owner of such motor
vehicle.
b. Notice shall constitute the following: Written
notification by first class mail stating the license
number of the vehicle at issue; the owner's name;
a brief description of the parking tickets issued to
such vehicle; the date, time and place of the
administrative hearing; that the hearing shall be
as to the merits of whether to impound such motor
vehicle for unpaid parking violations; that failure
to appear at such hearing constitutes a waiver to
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§ 23.21 IOWA CITY CODE
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an opportunity for hearing; and that the owner
shall be responsible for all charges and costs
incurred in impounding such vehicle.
c. The hearing shall be conducted before the director
of the department of finance of the city or his/her
designate and shall be limited as to whether such
vehicle shall be impounded for unpaid parking
tickets. The owner may at that time pay for any
outstanding tickets.
d. Should the finance director or his/her designate
determine that the vehicle shall be impounded,
orally at the
he/she shall notify the owner, either
conclusion of the hearing or by letter; however,
no such notice need be given should the owner or
designated representative fail to appear at such
hearing.
e. The city shall notify the last known registered
owner of such vehicle by certified mail if the name
and address of such owner can be ascertained with
reasonable diligence unless the owner or operator
has appeared and has made claim to the seized ve-
hicle.
f. The city shall adopt by resolution an itemization of
all charges and fees to be incurred by the owner
by impoundment of such vehicle.
(2) Impoundment shall constitute either impoundment by
"Denver
use of the "Denver boot" or by towing. The
boot" is a mechanical device consisting of metal
screws and a padlocking device,
clamps or jaws and
which, when attached to the wheel of a motor vehicle,
prevents the vehicle from being driven. The "Denver
boot" shall also include any other devices other than
the patented "Denver boot" which can be used by
attachment to the wheel of a motor vehicle to prevent
it from being moved.
a. Impoundment by use of the "Denver boot" is
limited by the following:
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128-21
1. Impoundment shall not exceed twenty-four
(24) hours, except a pence officer may extend
or reduce such time period for safety or traf-
fic reasons.
2. No vehicle shall be impounded unless such ve-
hicle is found on a public street or in a public
lot and appears to be in violation of an exist-
ing parking ordinance.
3. No vehicle shall be impounded within the trav-
eled portion of any street or on any portion of
a street or sidewalk when the impoundment at
such place would create a hazard to the public
or traffic.
4. Upon lapse of the time period enumerated
herein, the city shall tow or cause such vehicle
to be towed.
b. No vehicle shall be impounded by towing unless
such vehicle is on a public street or in a public lot
and appears to be in violation of an existing park-
ing ordinance.
(c) Entrance into
s necessary to
enter a locked or unlocked vehicle vehicles
norder to -impound such
vehicle, such entrance must be made in the presence of a peace
officer. The peace officer shall conduct a search of such ve-
hicle as he/she deems necessary to protect the contents there.
in, however, such search need not be a complete inventory.
(d) Release of impounded vehicles.
(1) The registered owner or operator may reclaim any
vehicle impounded pursuant to the provisions herein
by appearing before the director of the finance depart-
ment or his/her representative. At such time, the owner
or the operator shall sign a certificate that he/she
is the registered owner or operator of the impounded
vehicle, pay for all charges and costa incurred'in im-
pounding the vehicle and accept service of a citation
filed against him/her for any outstanding tickets. In
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1 28.21 IOWA CITY CODE
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lieu of said citation, the owner or operator may at that
time pay for any outstanding
�l `
tickets.
(2) It shall be unlawful for any person to reclaim any
vehicle impounded
4
pursuant to the provisions herein,
contrary to the procedure set forth in
this section.
§ II, 5=10.77;
(Code 1966, § 6.18.02; Ord. No. 77-2835,0-2994,
Ord. No. 78-2892,
I
§ II, 5-2-78; Ord. No. 8 § 2A,
4-15-80)
I
Secs. 23-22-23.28. Reserved.
I ,
DIVISION 2. TRAFFIC CONTROL DEVICES
I
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Sec. 23.29. Obedience required,
j
It shall be unlawful for the driver of any vehicle to disobey
the instructions of any
official traffic sign or signal placed
in accordance with the provisions of this chapter, unless other-
wise directed by a
peace officer. (Code 1966, § 6.03.02(B);
Ord. No. 77-2835, § II, 5-10-77)
State law reference—Similar provisions, I.C.A.
Sec. 23.30. Authority to install and maintain.
(�
(a) The city traffic engineer shall place and maintain offi-
cial traffic -control devices
when and as required under the
itraffic ordinances of this city to make effective the
provisions
Of such ordinances, and may place and maintain such addi-
tional signs or devices
as he/she may deem necessary to reg-
ulate, warn or guide traffic under the traffic
ordinances of
this city or the state vehicle code.
(b) The city traffic engineer shall notify the city council
in writing of the
placement and location of such designation
and installationof signs. Upon such notification, the
city
council may amend by resolution such action. (Code 1966, ¢
6.05.01; Ord. No. 77-2835, § II, 5-10.77)
-State 4w referents'
—Similar provisions, I.C.A. § 821.268.
- See. 23.31. 71rafficlanes.
The city traffic engineer is hereby authorized to mark traf-
fic lanes ItPon the roadway
of any street h
_ 9uPR No. 8 or where
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Chapter 28
PLUMBING*
Art. I. In General, §§ 28.1-28-17
Art. II. Administration asd Enforcement, §§ 28-18-28.32
Art. D7. Licenses and Permits, §§ 28.33-28.48
ARTICLE I. IN GENERAL
Sec. 28-1. Definitions.
The following terms are defined [for the purposes of this
chapter]:
(a) Master Plumber. The term "master plumber" means
any person who undertakes or offers to undertake to plan
for, lay out, supervise and do plumbing for a fixed sum, fee
or other compensation.
(b) Journeyman plumber. The term "journeyman plumber"
mesas any licensed person who labors at the trade of plumbing
as an employee. (Ord. No. 77-2874, § 4, 12-20-77)
Cross referenee—Rules of construction and definitions generally, § 1.2.
Sec. 28-2. Code—Adopted.
Subject to the following amendments, the 1976 Edition of
the Uniform Plumbing Code is hereby adopted. (Ord. No.
77-2874, § 2,12-20-77)
Cross references—Building code, 18-16 et seq.; code for abatement of
dangerous buildings, § 8.31; mechanical codes adopted, § 8-44; electrical
code adopted, § 11.6.
Stats law reference—Authority to adopt technical codes by reference,
I.C.A. § 880.10.
'Editor's note—Ord. No. 77.2874, 190, enacted Dec. 20, 1977, repealed
Ord. No. 74.2710, §§ 2-27, enacted April 4, 1974, from which Ch. 28
in its entirety was derived. Sections 2-28 of Ord. No. 77.2874 con-
tainedprovisions which the editors have codified as a new Ch. 28.
Section 29 provides the. copies of that plumbing code may be found in
the city clerk's office.
Cross refereaces—Buildings and building regulations, Ch. 8; elec.
trlcal regulations, Ch. 11; fire prevention and protection, Ch. 12; hous.
ing, Ch. 17; mobile homes and mobile home parks, Ch. 22; planning, Ch.
27; subdivision regulations, Ch. 82; zoning regulations, App. A.
Supp. No. 6
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§ 26-3 IOWA CITY CODE
Sec. 28-3. Som0--Amendments.
[The code adopted by section 28-2 of this chapter is hereby
amended as follows]:
(1) Part 1, Administration, is deleted.
(2) Section 310(c) is deleted.
(3) Section 401(a) is amended to read as follows:
No PVS or ABS shall be used under the floor.
(4) Section 409 is amended by addition of the following:
The requirements of Section 409(a) shall apply only when
it is determined necessary by the administrative authority
or the engineers of the governing body, based on local con-
ditions.
(5) Section 505(d) is amended to read as follows:
All vent pipes shall extend undiminished in size above
the roof or shall be reconnected with a soil or waste vent
of proper size. No vent pipe smaller than three (3) inches
shall extend through the roof.
(6) Section 505 is amended by adding the following:
(g) In all new residential construction with a basement, an
unused minimum two-inch vent shall be dropped into the
basement and capped for future use.
(7) Section 506(x) is amended to read:
Each vent pipe or stack shall extend through its
flashing and shall terminate vertically not less than one
foot above the roof and not less than one foot from any
vertical surface.
(8) Section 608 is amended as follows:
After the word "machine" in the last paragraph
substitute a comma for the period and add "or by looping
the discharge line of the dishwasher as high as possible
near the flood level of the kitchen sink."
(9) Section 615 is amended by adding the following:
(h) In lieu of the conventional combination waste and
vent system, a loop system consisting of a drain sized one
Supp. No. 6
1904
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pipe size larger than the trap may be used provided that
such drain pipe continues
upward beyond the trap arm
connection as high as possible and returns to the top
of
the drain system, below the floor, downstream on the
horizontal drain. Loop systems must be approved
by the
plumbing inspector prior to installation and shall be
limited to sinks and lavatories
i
in islands or in remodeling
work.
(10) Table 7-1 is hereby amended by deleting the trap to
vent distances and substituting
the following:
Trap Arm Distance Trap
(inches)
to Vent in Feet
11'A
11/s 5
2 6
_
3 8
4 and larger 12
12
(11) Section 1105 is amended to read as follows:
Size of building sewers. The minimum size of any
building sewer shall be four (4) inches.
(Ord. No. 77-2874,
§ 3, 12-20-77; Ord. No. 80-2996, § 2, 6-6-80)
Sec. 28.4. Garage floor drains.
w
I
Garages and other structures for the housing, sale or repair
Of automobiles or for the
commercial washing, or repairing
of automobiles which connect with the sewer shall be
provided
with proper means for draining the floors and repair pits so
that no
da
="erfrom
flow over alley
dewalkorlpavementeapproa ha11Such drains sshalllbe so
con-
structed as to have a device for catching sand, silt or other
solids and to have
a seal depth of not less than six (6) inches
above the sand receiver; and the outlet shall not be
smaller
than a four -inch connection. All materials used for vent
and
waste lines shall conform with the other provisions hereof.
The trap shall be constructed
of cast iron, cement or hard
burned brick laid in cement mortar with
an accessible iron
cover. Any place of business where gasoline, benzine, naphtha
or other inflammable oils
or compounds are used or kept shall
Supp. No. 6
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§ 28-4 IOWA CITY CODE
be provided with special drains in the same manner as those
required for garages. Such drains and traps must be approved
by the plumbing inspector. (Ord. No. 77-2874, § 24, 12-20-77)
Sec. 28.5. Connection with Y's.
(a) Unless special permission is endorsed on the permit
[issued under this chapter,] the junction pieces, slants or Y's
which have been built into the sewer during construction
must be used for connecting all private sewers or house
drains.
(b) In all cases the trench must be of ample width at the
Point of connection and all rubbish removed for purposes of
inspection; and the actual connection with such junction piece,
slant, or Y must be made in the presence of the plumbing in-
spector or his authorized agent. The cover on the Y branch on
the sewer should be carefully removed in order to prevent in-
jury to the socket. If there is no junction piece, slant or Y
already in the sewer, a permit to cut the sewer will be granted
by the plumbing inspector; and the connection may be made
by -inserting into the sewer a junction pipe of the size speci-
fied in the permit and cut to an angle of forty-five (45) de-
grees by the manufacturer. After making the opening in the
sewer, all rubbish must be removed from the inside of the
sewer. The junction pipe must then be set even with the
inside of the sewer on a bed of mortar, and the opening around
the pipe must be carefully prepared and well plastered with
mortar compounded of equal parts of Portland cement and
clean, sharp sand. All back -filling of trenches will be flushed
or tamped as directed by the plumbing inspector.
(c) Nothing but saddle Y's, as prescribed by the plumbing
inspector, may be used where it becomes necessary to tap
the main sewer. The excavation showing the connections shall
be kept open by the plumber until the plumbing inspector
has been notified. (Ord. No. 77-2874, § 25, 12-20-77)
Sec. 28.6. Minimum requirements.
The provisions of this code shall be held to be the minimum
requirement adopted for the protection of the health, safety
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§ 28-4 IOWA CITY CODE
be provided with special drains in the same manner as those
required for garages. Such drains and traps must be approved
by the plumbing inspector. (Ord. No. 77-2874, § 24, 12-20-77)
Sec. 28.5. Connection with Y's.
(a) Unless special permission is endorsed on the permit
[issued under this chapter,] the junction pieces, slants or Y's
which have been built into the sewer during construction
must be used for connecting all private sewers or house
drains.
(b) In all cases the trench must be of ample width at the
Point of connection and all rubbish removed for purposes of
inspection; and the actual connection with such junction piece,
slant, or Y must be made in the presence of the plumbing in-
spector or his authorized agent. The cover on the Y branch on
the sewer should be carefully removed in order to prevent in-
jury to the socket. If there is no junction piece, slant or Y
already in the sewer, a permit to cut the sewer will be granted
by the plumbing inspector; and the connection may be made
by -inserting into the sewer a junction pipe of the size speci-
fied in the permit and cut to an angle of forty-five (45) de-
grees by the manufacturer. After making the opening in the
sewer, all rubbish must be removed from the inside of the
sewer. The junction pipe must then be set even with the
inside of the sewer on a bed of mortar, and the opening around
the pipe must be carefully prepared and well plastered with
mortar compounded of equal parts of Portland cement and
clean, sharp sand. All back -filling of trenches will be flushed
or tamped as directed by the plumbing inspector.
(c) Nothing but saddle Y's, as prescribed by the plumbing
inspector, may be used where it becomes necessary to tap
the main sewer. The excavation showing the connections shall
be kept open by the plumber until the plumbing inspector
has been notified. (Ord. No. 77-2874, § 25, 12-20-77)
Sec. 28.6. Minimum requirements.
The provisions of this code shall be held to be the minimum
requirement adopted for the protection of the health, safety
Supp. No. 6
1806
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PLUMBING § 28.18
and welfare of the citizens of the City of Iowa City, Iowa.
Any higher standard in a statute of the State of Iowa or ordi-
nance of the City of Iowa City shall be applicable. (Ord. No.
77-2874, it 28, 12-20-77)
Secs. 28.7-28-17. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT*
See. 28-18. Board of examiners.
(a) Creation. There is hereby established a board of ex-
aminers of plumbers for the City of Iowa City, Iowa.
(b) Membership. The board of examiners of plumbers shall
consist -of four (4) members. Three (3) members of the board
shall be appointed by the mayor with the concurrence of the
•Cn rdraae6—AdmfaIstrat1on generally, Ch. 2.
Supp. No. 8 1906.1
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PLUMBING § 28-33
or work regulated by this chapter is dangerous, un-
safe, unsanitary, a nuisance or a menace to life, health
.or property, or otherwise in violation of this chapter,
he may serve a written order upon the person re-
sponsible therefor directing discontinuance of such
illegal action and the remedying, of the condition which
is in violation of the provisions of this chapter.
(2) Refusal or failure to comply with any order shall be
considered a violation of this chapter.
(3) If the order is net promptly complied with, the plumb-
ing inspector may request that the city attorney
institute an appropriate proceeding at law or in equity
to restrain, correct or remove such violation,
(b) Violators. The owner of a structure or premises where
anything in violation of this chapter shall exist and an archi-
tect, builder, contractor, agent, person or corporation employed
in connection therewith, and any who may have assisted
in the commisison of such violations shall each be guilty of a
separate offense. (Ord. No. 77-2874, § 26, 12-20-77)
Sec. 28-22. Penalties.
Any person, firm or corporation violating any of the pro-
visions of this chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punishable by a fine
not exceeding one hundred dollars ($100.00) or by imprison-
ment not exceeding thirty (30) days. (Ord. No. 2874, § 27,
12-20-77)
Secs. 28.23-28.32. Reserved,
ARTICLE III. LICENSES AND PERMITS
Sec. 28.33. Licenses,
(a) No person shall undertake or offer to undertake to plan
for, lay out, supervise and do plumbing for a fixed sum, fee
or other compensation within Iowa City, Iowa, unless such
person shall have obtained from the City of Iowa City, Iowa,
a master plumber's license,
Supp. No, 6
1909
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§ 28.33 IOWA CITY CODE
(b) No person shall work as a journeyman plumber within
Iowa City, Iowa, until such person shall have obtained from
the City of Iowa City, Iowa, a journeyman plumber's license.
(Ord. No. 77-2874, § 6,12-20-77)
Sec. 28.34. Application.
Any person required by this chapter to possess a plumber's
license shall make application to the board of examiners of
plumbers. (Ord. No. 77-2874, § 7, 12-20-77)
Sec. 28.35. Application and examination fees.
The examination fee for those persons applying for a
plumber's license shall be ten dollars ($10.00), which shall
not be refunded. (Ord. No. 77-2874, § 8,12-20-77)
See. 28.36. Lleensing standards.
[The board of examiners shall issue licenses pursuant to
the following provisions:]
(a) A master plumber's license shall be issued to every
person who demonstrates satisfactory completion of
one year's experience as a journeyman plumber and
successfully passes the examination conducted by the
board of examiners of plumbers. The fee for the first
license shall be set by resolution.
(b) A journeyman plumber's license shall be issued to
every person who demonstrates satisfactory completion
of a four (4) years' experience as an apprentice plumber
and successfully passes the examination conducted by
the board of examiners of plumbers. The fee for the
first license shall be set by resolution.
(c) All apprentices shall be registered by the City of Iowa
City. The fee for such registration shall be set by
resolution.
(Ord. No. 77-2874, § 9, 12-20-77; Ord. No. 78-2878, § 2,
2-21-78; Ord. No. 78-2883, § 2, 3-7-78; Ord. No. 80.2995, § 2,
6-6-80)
Supp. No. 6 1910
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UTILITIES 153.13;
tember 13, 1963, shall be financed by special assessments
against the benefited property. Assessments against the bene.
fited property shall not exceed the actual cost of an exten-
sion plus engineering and administrative costs. (Ord. No.
76-2773, § XIX, 7-22-75)
Cross reference—Amorthation Period for eeenement for public
improvement, 12.207.
Sec. 33.123. City not liable for damages by turning on water.
In turning on water, the city shall not be responsible for
any damage that may occur by reason of improper fixtures,
open or improper connections, or for any other cause. (Ord.
No. 75-2773, § XII(C), 7-22-75)
Sec. 33.124. Shutoff of service.
The city reserves the right to shut off the water in its
mains at any time for the purpose of making repairs or ex-
tensions or for other reasons. (Ord. No. 76-2773, § XTR, 7-
22-75)
Sec. 33.125. Private wells.
All wells located in the city or which service properties lo-
cated in the city, which constitute the source of domestic
water Supplies, must be of a sanitary character and must be
constructed and equipped in accordance with specifications
laid down in the complete rules and regulations of the state
department of health. (Code 1966, § 4.14. 1)
Secs. 33.126-33-132. Reserved.
DIVISION 2. CONNECTIONS
See. 33.133. Application.
Application for water service connections shall be made
in writing to the department of public works by the owner of
the property to be served or by his agent. Such application
Shall state the official house number or numbers of the prem-
ises to be served, the size of the pipe tap that is required,
and the approximate location where the service will enter the
premises. (Ord. No. 76 2773, § VII (A), 7-22.75)
Supp. No. 6
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§ 33-134 IOWA CITY CODE
Sec. 33-134. Service pipes.
(a) Installation. All service pipes and fixtures from the
street water main to the premises, including the corporation
cock, shall be installed at the expense of the owner.
(b) Size. All new service pipes from the main to and
including the stop box shall be at least one inch in
diameter. All pipes requiring a service larger than two (2)
inches shall be made with a tapping sleeve and a cast iron
gate valve a minimum of four (4) inches in size; and a
roadway valve box of a design approved by the department
of public works shall also be installed.
Exception: Existing three -fourths -inch services may
be replaced with a three -fourths -inch diameter service upon
approval of the department of public works.
(c) Sientoff installation. The stop box on every service must
be flush with the surrounding ground or surface, be visible
from the sidewalk, and be of a design and in a location ap-
proved by the department of public works.
(d) Extension. After a service connection has been laid,
no person shall make any attachment or connection to such
service connection in order to serve any other premises or
buildings than those set forth in the original application for
service. (Ord. No. 75-2773, § VII(B), 7-22-75; Ord. No.
80-2992, § 2, 4-8-80)
Sec. 33.135. Taps to mains.
All taps to water mains shall be of a size approved by the
department of public works and shall be made by the depart-
ment of public works upon application of the owner or his au-
thorized agent. The department of public works shall charge a
uniform fee for the making of all taps, such fee to be based
on labor, material, and overhead expenses. (Ord. No. 75-2773,
§ VIII(C), 7-22-75)
Sec. 33.136. Maintenance of service.
All service pipes and fixtures from the street water main
to the premises, including the corporation cock at the main,
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§ 33-134 IOWA CITY CODE
Sec. 33-134. Service pipes.
(a) Installation. All service pipes and fixtures from the
street water main to the premises, including the corporation
cock, shall be installed at the expense of the owner.
(b) Size. All new service pipes from the main to and
including the stop box shall be at least one inch in
diameter. All pipes requiring a service larger than two (2)
inches shall be made with a tapping sleeve and a cast iron
gate valve a minimum of four (4) inches in size; and a
roadway valve box of a design approved by the department
of public works shall also be installed.
Exception: Existing three -fourths -inch services may
be replaced with a three -fourths -inch diameter service upon
approval of the department of public works.
(c) Sientoff installation. The stop box on every service must
be flush with the surrounding ground or surface, be visible
from the sidewalk, and be of a design and in a location ap-
proved by the department of public works.
(d) Extension. After a service connection has been laid,
no person shall make any attachment or connection to such
service connection in order to serve any other premises or
buildings than those set forth in the original application for
service. (Ord. No. 75-2773, § VII(B), 7-22-75; Ord. No.
80-2992, § 2, 4-8-80)
Sec. 33.135. Taps to mains.
All taps to water mains shall be of a size approved by the
department of public works and shall be made by the depart-
ment of public works upon application of the owner or his au-
thorized agent. The department of public works shall charge a
uniform fee for the making of all taps, such fee to be based
on labor, material, and overhead expenses. (Ord. No. 75-2773,
§ VIII(C), 7-22-75)
Sec. 33.136. Maintenance of service.
All service pipes and fixtures from the street water main
to the premises, including the corporation cock at the main,
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shall be maintained at the expense of the owner. Any leak
or other defect in the service shall be promptly repaired by
the owner; if not repaired promptly, the water shall be turned
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shall be maintained at the expense of the owner. Any leak
or other defect in the service shall be promptly repaired by
the owner; if not repaired promptly, the water shall be turned
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shall be maintained at the expense of the owner. Any leak
or other defect in the service shall be promptly repaired by
the owner; if not repaired promptly, the water shall be turned
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UTILITIES § 88-167
furnished by the purchaser will be billed at four dollars ($4.00)
per one thousand (1,000) gallons or fraction thereof. The de-
partment of public works will not be responsible for the purity
of water after it leaves the supply line when it is delivered
to the purchaser's container. (Ord. No. 75-2773, § IV, 7-22-76)
Sec. 33.166. Classification of service; billing.
Water service shell be divided by user type: Residential,
commercial/retail, industrial, governmental/institutional,
other (consumers outside corporate limits). The director of
public works shall determine the allocation for each
consumer based on such criteria as rate of consumption,
water use, size of meter, etc. Meters on residential service
shall be read bimonthly (once every two (2) months).
Chargee and billings for services shall be billed bi-monthly
(once every two (2) months) based upon actual readings.
Meter readings for other users shall be determined by the
director of finance. All chargee are due and payable when
rendered and become delinquent fifteen (15) days thereafter.
(Ord. No. 75-2773, § V, 7-22-75; Ord. No. 76-2802, $ II,
6-22-76)
�� See. 33-1617. Collection procedures.
(a) The department of finance may discontinue service to
any consumer or property owner who has failed to pay for
the water supplied, after a notice and hearing before the
director of finance or his or her designated representative.
The notice shall be posted on the premises and shall be
mailed by first class mail to the affected consumer or
property owner. It shall state in writing the reason for
discontinuance of service and shall give the consumer or
property owner at least seven (7) days' notice of the time
and place of such hearing so that all parties shall have an
opportunity at such hearing to respond and present evidence
and arguments on all issues involved.
(b) Parties shall be promptly notified of the decision of the
director of finance or his or her designated representative by
the delivery to them of a copy of such decision by personal
service or by certified mail, return receipt requested.
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§ 33-167 IOWA CITY CODE
(c) In addition to the above, the city shall have a lien upon
i
the property of any consumer or property owner who has
failed to pay for the water supplied. The city shall adopt by
resolution and the city clerk shall certify the amount of the
lien and file the same with the county auditor. Such lien shall
attach to the property which was served upon certification by
the city council. Liens perfected in this manner shall be as-
sessed against the property to the extent of the balance due
to the city for water supplied and losses incurred in perfect-
ing such lien. Such lien shall be enforced until payment of
the claim. When the lien is satisfied by payment of the claim,
the city shall acknowledge satisfaction thereof and file a
release with the county auditor in the county where the prop-
erty is situated.
(d) The director of finance is authorized to charge a fee
for delinquent water service accounts. Such fee shall be set
by resolution and shall reflect costs incurred in processing
the account. Water service to a property which has been dis-
continued pursuant to this section may be resumed provided
that the consumer or property owner pays the delinquent
amount plus any additional fees and charges. (Ord. No.
76-2801, § II, 6-22-76; Ord. No. 77-2841, § 2, 6-28-77; Ord.
No. 80-2994, § 2B, 4-15-80)
See. 33.168. Procedure for fixing rales.
Before any ordinance is enacted to fix rates to be charged
under this division, a public hearing on the proposed change
shall be held by the city council at a time determined by mo-
tion of the city council. Notice of such hearing shall contain
the date, time, and place for the hearing and shall be pub-
lished once in a newspaper of general circulation in the city,
not less than four (4) nor more than twenty (20) days prior
to such public hearing. (Ord. No. 75-2773, § XXII, 7-22-75)
Sec. 33.169. Authority of director of public works to estab-
lish fees and charges for services.
The director of public works shall establish written uniform
fees and charges for various consumer services. Such fees and
charges shall be based upon labor, materials, overhead and
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APPENDIX A—ZONING 18.1023
i
3. On corner lots in the C, M, and IP Districts that rear
upon an R District, a ten -foot yard must be provided
along the side street side.
4. Where a frontage is divided among the districts with
different front yard requirements, the deepest front
yard shall apply to the entire frontage.
5. Where a lot is in a C, M, or IP District and is next to an
R District, the side or rear yard required in that R
District must be provided along the boundary line.
6. In the C, M, IP and ORP Districts, there may be more
than one commercial or industrial building on a lot
provided that the required yards be maintained
around the group of buildings. (Ord. No. 74-2720, §
II(P), 5-7-74)
7. Dwelling uses, except hotels, located in C and M
Districts must provide the yards required in the R3
Zone.
C8. There may be two (2) or more related multifamily, hotel, motel or institutional buildings on a lot;
provided that:
(a) The required yards be maintained around the
group of buildings, and
(b) Buildings shall be separated by a horizontal
distance that is equal to the height of the highest
building.
9. Reserved. (Ord. No. 78-2931, § III, 12-5-78)
C. The following exceptions may be made in yard
regulations:
1, 2. Reserved. (Ord. No. 78-2931, § III, 12-5-78)
3. Where, on August 7, 1962, forty (40) per cent or more
of a frontage was occupied by two (2) or more
buildings, then the front yard is established in the
following manner:
(a) Where the building furthest from the street
provides a front yard not more than ten (10) feet
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6 3.10.23 IOWA CITY CODE
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deeper than the building closest to the street, then
the front yard for the frontage is and remains an
average of the then -existing front yards.
(b) Where (a) is not the case, and a lot is within one
hundred (100) feet of a building on each side, then
the front yard is the line drawn from the closest
front corners of these two (2) adjacent buildings.
On curved streets, the front yard shall be
established as an average of the setbacks of the
principal buildings on the abutting lots. (Ord. No,
80-2997, § 2, 6-17-80)
(c) Where neither (a) nor (b) is the case and the lot is
within one hundred (100) feet of an existing
building on one side only, then the front yard is
the same as the existing adjacent building.
4.
Sills, belt courses, cornices, chimneys, and ornamen-
tal features may project only two (2) feet into a
required yard.
5.
Open fire escapes, fireproof outside stairways and
balconies opening upon fire towers, and ordinary
projections of chimneys and flues into a rear yard for
a distance of not more than three and one-half (3�/2)
feet when so placed as to not obstruct light and
ventilation, may be permitted by the building
inspector.
6.
Open terraces which do not extend above the level
of
the ground (first) floor may project into a required
yard, provided these projections be at least two (2) feet
distant from the adjacent lot line. A railing not more
than thirty (30) per cent solid and not more than three
i
(3) feet high may be permitted around the terrace.
7.
No side yards are required for dwellings that are
erected above commercial and industrial structures.
8.
In all new buildings, if side yards are provided where
not required, they must be at least five (5) feet wide.
Supp. No. 6
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APPENDIX A-ZONING
§ 8.10.24
8.10.24 Area regulations.
A. Except as provided in Section 8.10.24.B., there shall be
minimum lot frontage, minimum lot width, minimum lot area,
and minimum lot
tabulation: area per family as shown on the following
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APPENDIX A—ZONING § 6.10.35.2
windows of a building in C and M Zones shall not
exceed six (6) square feet per sign and shall include
no more than one sign for each candidate or pertinent
political issue. (Ord. No. 74-2738, § II(B), 10-29-74)
D. Seasonal decorations. Nonadvertising signs pertaining
to recognized national, state and local holidays and
observances. Such signs and decorations shall not be erected
earlier than six (6) weeks prior to the holiday or observance
and any such sign or decoration shall be removed no later
than three (3) weeks after said holiday or observance.
E. Public signs. Signa of a noncommercial nature and in
the public interest, erected by or upon the order of a public
officer in the performance of his public duty, such as safety
signs, zoning signs, memorial plaques, signs of historical
interest and all other similar signs, including signs
designating hospitals, libraries, schools, airports and other
institutions or places of public interest or concern.
F. Integral sirens. Such signs for churches or temples, or
names of buildings, dates of erection, monumental citations,
commemorative tablets and other similar signs when carved
into stone, concrete or other building material or made of
bronze, aluminum, or other permanent type of construction
and made an integral part of the structure to which they are
attached, subject to zone requirements.
G. Private traffic direction signs. Such signs directing traf-
fic movement into a premises or within a premises shall not
-
exceed four (4) square feet in area per sign. Illumination
of such signs shall be permitted in accordance with the zoning
district regulations in which the premises Is located. Hori-
zontal directional signs painted on, or installed flush with
paved streets, shall not be subject to the regulations of this
provision. The use of said signs is prohibited except wherein
needed for the safe and efficient movement of traffic.
H. Vehicle signs. Such signs accessory to the use of any
kind of vehicle, providing the sign is painted or attached
directly to the body of the vehicle.
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$ 8.10.35.2 IOWA CITY CODE
I. Insignias and flags. Such insignias, flags and emblems
of the United States, the State of Iowa, and municipal and
other bodies of established government, or flags which display
the recognized symbol of a nonprofit and/or noncommercial
organization.
J. Institutional bulletin board. One institutional bulletin
board, externally or internally illuminated, not to exceed
twenty-four (24) square feet in area, on each side shall be
permitted for each institution. No such sign shall extend
higher than six (6) feet above ground level. (Ord. No.
73-2683, § III, 8-25-73; Ord. No. 74-2744, § II, 11-12-74)
K. Facia sign. Except as otherwise provided herein,
buildings located on corner lots shall be permitted an
additional facia sign, the area of which shall not exceed
sixty-five (65) per cent of that permitted for a facia sign
located on the front wall of the building. In no case shall the
additional sign exceed twenty (20) per cent of the area of the
wall upon which it is attached. The additional facia. sign
shall not be located on the front wall of the building. (Ord.
No. 80-2991, § 2, 4-8-80)
8.10.36.3 Signe prohibited in all zones.
Signs hereinafter designated shall be prohibited in all
zoning districts:
A: Obsolete signs. Such signs that advertise an activity, busi-
ness, product or service no longer conducted on the premises
on which the sign is located.
B. Banners, balloons, posters, etc. Banners, balloons, posters,
pennants, ribbons, streamers, spinners or other similarly mov-
ing devices whether or not a part of any sign, including street
banners.
C. Swinging signs. Such signs which swing or otherwise
noticeably move as a result of wind pressure because of the
manner of their suspension or attachment.
D. Portable signs. Such signs that are not permanently
anchored or secured to either a building or the ground.
Supp, No. B
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APPENDIX A—ZONING
§ 8.10.35.3
E. Off -premises signs on public property. Off -premises
signs located on public property.
F. Painted ivall signs. Such on -premises and/or off -premises
signs painted on building walls.
G. Hazard. Any sign which constitutes a traffic or safety
hazard.
H. Building or avail signs. Such signs which encroach on or
over a street right-of-way, or which extend above the roof
line, excepting facia signs.
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STATUTORY REFERENCE TABLE
This table
shows the location within this Code, either
in the text or
notes following
the text of references to the state
law or related
matters.
s
S
i
p
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STATUTORY REFERENCE TABLE
This table
shows the location within this Code, either
in the text or
notes following
the text of references to the state
law or related
matters.
I.C.A.
Section
I.C.A.
Section
Section
this Cade
Section
this Cade
4.1
1-2
321.307
23138
4.1(1)
1.5
321.311
23-200
Ch. 48
10-1
321.31A.-321.318
23.132
-
Ch. 66
10.20
321.319
23.165
Ch. 104A
18.32
321.320
23.166
Ch. 123
5-6(f)
321.321
23163
-
123.1
Ch. 5 (note)
321.322
23-164
123.32(2)
Ch.5 (note)
321.324
23-169
i
123.39
Ch.5 (note)
321.326
23-217
123.49(2)
6-36
321.327
23.212
135D.1
Ch. 22 (note)
321.328
23.213
321.1
Ch. 23 (note)
321.329
23.218
23-1
321.331
23.220
323.98
23-99
321.332
23-221
321.174
321.341
23-131
321.229
23-19
321.345
23.161, 23-162 "
321.230
23.2
321.353
23-167, 23.168
321.231
23-123
321.358
23.236 - -
321.232
23.123
321.362
23.121
321.234
23-2
37.1.363
23-126
,
Ch. 23, Art. IV (note)
321.365
23-122
321,236
Ch. 23 (note)
321.367
23.133
Ch. 23, Art. IV (note)
321.368
23134
321.236(7)
Ch. 35 (note)
321.371
23-140
321.255
23.30
321.384
23-62
321,256
23.29
321.448
23.190'
321.257
23-34
Ch. 330
Ch.4 (note)
-.
321.259
23.35
331.333
23.222
321.260
23-36
351.1
Ch.7 (note)
321.264
23.60
364.12(2)
Ch. 31 (note)
321.266
23.48
364.12(2)(b)
Ch. 31, Art. V,
321.268
23.49
Div. 3 (note)
j
321.277
23.139
364.12(2)(d)
31.111
321.285
23.188
372.9
Charter (note).
i
321.297
23-124
372.13(3)
Ch. 2, Art. UI,
321.299
23-151
Div.5 (note)
821.302
23-151
376.2
2.19
321.304
23-152
380.8
1.1
321.306
23-126
380.10
8.16
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I.C.A.
1
Section
11-4
414.6
i
I.C.A.
Section
894.40
384.63
888.1
392.5
892.7
Ch. 397
403.12(1)(h)
409.1
409.14
414.1
8upp. No. 6
IOWA CITY CODE
Section
I.C.A.
this Code
Section
11-4
414.6
A
C11.419
Ch. 33 (note)
Ch. 524
2.207
Ch. 633
Ch. 83 (note)
Ch 534
Ch. 20, Art. II
Ch. 536
(note)
Ch. 536A
Ch. 27, Ark II
Ch. 601A
(note)
601A.1
14-2,14-28
001A.17
8.1
657.1
Ch. 82 (note)
Ch. 32 (note)
765.11
App. A (note)
aT. �.
t
i
(
I.C.A.
Section
894.40
384.63
888.1
392.5
892.7
Ch. 397
403.12(1)(h)
409.1
409.14
414.1
8upp. No. 6
IOWA CITY CODE
Section
I.C.A.
this Code
Section
11-4
414.6
A
C11.419
Ch. 33 (note)
Ch. 524
I.C.A.
Section
894.40
384.63
888.1
392.5
892.7
Ch. 397
403.12(1)(h)
409.1
409.14
414.1
8upp. No. 6
IOWA CITY CODE
Section
I.C.A.
this Code
Section
11-4
414.6
28-2
C11.419
Ch. 33 (note)
Ch. 524
2.207
Ch. 633
Ch. 83 (note)
Ch 534
Ch. 20, Art. II
Ch. 536
(note)
Ch. 536A
Ch. 27, Ark II
Ch. 601A
(note)
601A.1
14-2,14-28
001A.17
8.1
657.1
Ch. 82 (note)
Ch. 32 (note)
765.11
App. A (note)
291:4:'
Section
this Code
27-17
2206
18.34(6)
18-34(b)
18-34(b)
18.34(b)
18-34(4)
18-37(c)
Ch. 18 (note)
Ch. 18 (note)
Ch. 24, Art. VI
(note)
29-1
[The next page Is 2936]
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CODE COMPARATIVE TABLE
Ord. No.
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CODE COMPARATIVE TABLE
Ord. No.
AdpL Date
Section
Section
this Code
79-2960
7- 3-79
2A
App. A, § 6.10.35.1
i
i
2 B
C.1, L.1
APP. A, § 8.10.36.12
79-2061
7-17-78A2'
1-9
,ml p i
79-2962
7-17-79
2.206
78-20637-31-79
2(a)
17-G(d)
2(b)23-1
23-236(18),(19)
79-2984
8.28.79
2(c)
2A23-166
APP. A, § 8.10.8
2b, 22a, fila, 61b
2B
APP• A, § 8.10.3 A 00
2C -2H
APP• A, § 8.30.40.4-
8 Rpld
8.10.40.9
App. A, § 8.10.40.4
79-2966
B-28-78
2A-8-10.40.16
APP• A, § 8.10.3 A 49a
79-2967
9-11.79
2B
g
APP• A, § 8.10.26 B2
C�
79-29689.11.79
79.29699-1&79
1A B
1C
11-41
31.30(a)(1),(2)
31-30(a)(6)
2
79.2970
9.18-79
32-54 (c) (2) (d)
79.2971
9-18.79
1
8-17(13.1)
79.2972
9.18-79
2(1)
16.62(1)
I
2(2)
17-2
17-4(n)(1)(a)(2)
2(4)
17-4 (n) (2) (g)
70.2973
9.26-79
2 Rpld
17-6(c) l
79.2976
79.2977
10- 9-79
1
6 24
i'
App. A, § 8.10.85.11137
30-30-79,
2(1)-(3)
17-4(m)(2) b -d .
2(4), (6)
17-6(d), (f)(3)
79.297811-
8.79
2(6), (7)
17-7(f) (1), (h) (1)
79.2979
11- 6.79
g
17-4(m)(2) g "
80.2984
g-12-80
2A
31-121-31-123
APP• A, § 8.10.40.6 A4
80.29862-19-80
2B
2
APp• A, § 8.10.40.7 A3
80.2986
2-19-80
2A
8-17(14.1)
APP• A, § 8.10.36.1 BB
80.29872.18-80
2B
APP. A, § 8.10.86.9 Cl
80.2989
3- 4.80
2 2.206
80.2991
4. 8-80
2
6-26(6)(6)
APP• A. §
80.29924.
8.60
2
8.10.36.2K -
Supp. No. 8
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Adpt. Date
it
I
80-2993
(
2
B-17(14.2)
80.2994
4-15.80
IOWA CITY CODE
Ord. No.
Adpt. Date
Section
Section
this Code
80-2993
4- B-80
2
B-17(14.2)
80.2994
4-15.80
2A
23.21(b)(I)b
2B
33-167(a)
80-2995
6- 6-80
2
28-3, 28-36(c)
80-2997
6-17.80
2
APP• A.3
8.10.23C3(b)
80.2999
7-15.80
1-3
2-207
Supp. No. 6
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C
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CODE INDEX
FINANCES—Coned.
Opening of bide . .....
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this coda
Personal property included re .........
Public improvement projects
Amortization of conditional deficiency assessments _
Purchasing. See that title
FINES, FORFEITURES AND PENALTIES
Effect of repeal of ordinances ......_....
General penalties.......I.........................
Violations of code in general. See: Code of Grdl-
nances
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
FIRE APPARATUS
Following . .................._.
FIRE DAMAGED GOODS SALE
Going -out -of -business and similar sales .._
CGoing-out-of-businesa and similar sales. See that title
FIRE DEPARTMENT
Administrative service departments ....___.._.._._�
Chief of fire inspectors, etc ...... ........ _... _...
_
Fire chief
FIRE EXTINGUISHERS
EXTINGUISHERS
Housing standards re rooming houses, etc ................
Housing. See that title
FIRE HOSE
Croaaing
FIRE HYDRANTS
Mobile home parks, In
Opening of hydrants _..___._........___..........__..__.__
Water supply, etc„ In general. See: Water and 3ew-
ers
Parking in specified places prohibited
Traffic. See that title
FIRE MARSHAL
Bureau of fire prevention, as head of .
FIRE PREVENTION AND PROTECTION (Miscellany)
Airport regulations .._........._.....___...__ _
Airports and aircraft. See that tide
Supp. No. 6 3006
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Section
2-10{
1-2
2-207
1-6
1-9
28.188
21.81 at seq.
2.1 at seq.
12.47
12.37
17.9(y)
29-184
22-40
88.118
21.286 at seq.
12.46
I
MI at seq.
ao�a
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CODE INDEX
FINANCES—Coned.
Opening of bide . .....
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this coda
Personal property included re .........
Public improvement projects
Amortization of conditional deficiency assessments _
Purchasing. See that title
FINES, FORFEITURES AND PENALTIES
Effect of repeal of ordinances ......_....
General penalties.......I.........................
Violations of code in general. See: Code of Grdl-
nances
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
FIRE APPARATUS
Following . .................._.
FIRE DAMAGED GOODS SALE
Going -out -of -business and similar sales .._
CGoing-out-of-businesa and similar sales. See that title
FIRE DEPARTMENT
Administrative service departments ....___.._.._._�
Chief of fire inspectors, etc ...... ........ _... _...
_
Fire chief
FIRE EXTINGUISHERS
EXTINGUISHERS
Housing standards re rooming houses, etc ................
Housing. See that title
FIRE HOSE
Croaaing
FIRE HYDRANTS
Mobile home parks, In
Opening of hydrants _..___._........___..........__..__.__
Water supply, etc„ In general. See: Water and 3ew-
ers
Parking in specified places prohibited
Traffic. See that title
FIRE MARSHAL
Bureau of fire prevention, as head of .
FIRE PREVENTION AND PROTECTION (Miscellany)
Airport regulations .._........._.....___...__ _
Airports and aircraft. See that tide
Supp. No. 6 3006
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
Section
2-10{
1-2
2-207
1-6
1-9
28.188
21.81 at seq.
2.1 at seq.
12.47
12.37
17.9(y)
29-184
22-40
88.118
21.286 at seq.
12.46
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MI at seq.
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IOWA CITY CODE
FIRE PREVENTION AND PROTECTION (Miscellany)—
Cont'd.
Section
Bureau of fire prevention
Established
12.46
Fire marshal ._................ _.._.._____._
1246
Inspectors ...._.....
12.47
Reports and recommendations
12-48
Code. See: Fire Prevention Code
Contracts for emergency fire protection ....... ........ .....
12-1
Flammable or combustible liquids in drums or other
containers
Amendments to fire code re storage and dispensing
of........ __......_'-____._......_........... _................ _....
12.21(x)
Housing standards re rooming houses, etc .... .... .. .......
17-9(y)
Housing. See that title
Housing standards; type III dwellings ...................... _... _
17-10
Housing. See that title
Liquefied petroleum gates
Storage zones for _ .............................. _.......................... _
12.20
Minimum requirements ___.._.._..__....__.._...._...._
12-24
Mobile home park requirements ....__ ...................
22.40
New materials, processes or occupancies .. ....................12-22
Penalties ..... ............... ... ........
12-26
............ ...... _....................
Permits for new material, etc ......... _........ ..... ............. _
12-22
Storage zones for explosives and blasting agents ........
12-18
Storage zones for flammable and combustible liquids,
etc. .___ ..................... _._._.._........_..---
12.19
Storage zones for liquifled petroleum gases ................
12.20
Violations, penalties ....... __........... _................. _............. _..
12.26
FIRE PREVENTION CODE (Uniform fire prevention
code)
Adopted... . ................. _..................................................... ..__12.16
Amendments to specific fire code sections ....................
12-21
Appeals
12.23
Definitions
12.17
Minimum requirements — .....
12.24
Violations, penalties
12.26
FIRE STATION ENTRANCE
Parking in specified places prohibited ..._.
28-286 at seq.
Traffic. See that title
FIRE ZONES
Established and described
8-19
FIREARMS AND WEAPONS
Cemetery restrictions
9.7
Concealed weapons
24-66
Discharge of firearms
24.64
Supp. No. 6 8006
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CODE INDEX
-.
PUBLIC ENTERTAINMENTS
Section
Group activities in parka
26.48 at seq.
Parke and recreation. See that title
Use permits for use of public ways _ _
81.134 at seq.
PUBLIC HEALTH. See: Health and Sanitation
PUBLIC IMPROVEMENTS
Public works and improvements. See that title
PUBLIC LIBRARY. See: Library
PUBLIC NUISANCE. See: Nuisances
PUBLIC PLACES
Smoking prohibited in ............ ......... .......... _........................
24-6
Smoking. See also that title
Urination or defecation in ...... . .........................................
24-114(c)
PUBLIC RECORDS
Boards and commissions ___�_-.___
2.108
City clerk as custodian ._____...._____
2.77
City clerk. See that title
PUBLIC SAFETY
Boards and commissions services
2.102
PUBLIC UTILITIES. See: Utilities
PUBLIC WORKS AND IMPROVEMENTS
Boards and commissions services
2-102
Conditional deficiency assessments on public improve-
ment projects
Amortization of
2.207
Large scale developments _...___T.
27-29 at seq.
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Planning ____
27-letseq.
Planning. See that title
Subdivision regulations
82-1 at seq.
Subdivisions. See that title
PUBLIC WORKS DEPARTMENT
Administrative service departments
2-1 at seq.
Assignment of functions —_--.--.
2.188
Director _ _
2-167
Divisions _
2.166
PUMPING PLANTS
Pumping plants not provided with a flshway or screen
Nuisance provisions ___......_.___....__......_.............
24.101(6)
1,
Supp. No. 6
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IOWA CITY CODE
PURCHASING
Section
Boardsand commissions services
1
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I
Financial procedures __---_---
2-204 at seq.
Contracts and agreements. See that title
i
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2.46
Ordinances saved from repeal, other provisions not
I
included herein. See the preliminary pages and
!
the adopting ordinance of this code
PUTRID SUBSTANCES
_
f
Nuisance abatement regulations —,—
24-101 at seq.
IOWA CITY CODE
PURCHASING
Section
Boardsand commissions services
2-102
Financial procedures __---_---
2-204 at seq.
Contracts and agreements. See that title
Finances. See that title
Mayor, powers .._........_._ ....... --------- ___-..—._...
2.46
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
PUTRID SUBSTANCES
Nuisance abatement regulations —,—
24-101 at seq.
Nuisances. See that title
Supp. No. 6 8042.2 0/
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RESOLUTION N0. 80-484
RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM.
WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions
for parking meter zones and parking lots, and
WHEREAS, two multi-level parking facilities known as the Capitol Street
Ramp and the Dubuque Street Ramp, have been constructed with the proceeds
from a Parking Revenue Bond Issue, and
WHEREAS, both parking ramps will be open for operation effective November
10, 1980.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, that:
Effective November 10, 1980, the parking rates for both parking ramps will
be as follows:
8:00 a.m. - 10:00 p.m., Monday -Saturday: 254 per hour
10:00 P.M. - 8:00 a.m. on the following morning, Monday -Saturday
night: 504 flat fee for any length of time during those hours
8:00 a.m., Sunday - 8:00 a.m., Monday: no charge
It was moved by Vevera and seconded b
resolution as read be a— p d� and upon roll call there were.. that the
AYES: NAYS: ABSENT:
Passed and approved this 4th day ofNove�— 1980,
v i9MYOR ,
ATTEST:
CITkCLER
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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RESOLUTION N0. 80-484
RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM.
WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions
for parking meter zones and parking lots, and
WHEREAS, two multi-level parking facilities known as the Capitol Street
Ramp and the Dubuque Street Ramp, have been constructed with the proceeds
from a Parking Revenue Bond Issue, and
WHEREAS, both parking ramps will be open for operation effective November
10, 1980.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, that:
Effective November 10, 1980, the parking rates for both parking ramps will
be as follows:
8:00 a.m. - 10:00 p.m., Monday -Saturday: 254 per hour
10:00 P.M. - 8:00 a.m. on the following morning, Monday -Saturday
night: 504 flat fee for any length of time during those hours
8:00 a.m., Sunday - 8:00 a.m., Monday: no charge
It was moved by Vevera and seconded b
resolution as read be a— p d� and upon roll call there were.. that the
AYES: NAYS: ABSENT:
Passed and approved this 4th day ofNove�— 1980,
v i9MYOR ,
ATTEST:
CITkCLER
MICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
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RESOLUTION N0. 80-485
RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS
IN THE FINANCE DEPARTMENT
WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980,
establishing an operating budget for Fiscal Year 1981 authorizes all
Positions, and,
WHEREAS, the staffing needs in the Department have changed due to the
Purchase of a computer, and,
WHEREAS, the amendment to the authorized positions will not require
additional funding in the Fiscal Year 1981 Operating Budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that total authorized positions in the Finance Department be amended by.
the addition of one Information Specialist position (Range 9).
It was moved by Neuhauser
that the resolution as read be adopted,ldandseconded
roll call there were:
AYES: NAYS: ABSENT:
x
— Balmer
x
— Erdahl
X Lynch
— Neuhauser
— x Perret
Roberts
x Vevera
Passed and approved this 4th day of November
, 1980.
4A—Y4OR� ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LA8
CEDAR RAPIDS - DES MOINES
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RESOLUTION N0. 80-485
RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS
IN THE FINANCE DEPARTMENT
WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980,
establishing an operating budget for Fiscal Year 1981 authorizes all
Positions, and,
WHEREAS, the staffing needs in the Department have changed due to the
Purchase of a computer, and,
WHEREAS, the amendment to the authorized positions will not require
additional funding in the Fiscal Year 1981 Operating Budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that total authorized positions in the Finance Department be amended by.
the addition of one Information Specialist position (Range 9).
It was moved by Neuhauser
that the resolution as read be adopted,ldandseconded
roll call there were:
AYES: NAYS: ABSENT:
x
— Balmer
x
— Erdahl
X Lynch
— Neuhauser
— x Perret
Roberts
x Vevera
Passed and approved this 4th day of November
, 1980.
4A—Y4OR� ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LA8
CEDAR RAPIDS - DES MOINES
yy ap oJA#
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RESOLUTION N0. 80-485
RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS
IN THE FINANCE DEPARTMENT
WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980,
establishing an operating budget for Fiscal Year 1981 authorizes all
Positions, and,
WHEREAS, the staffing needs in the Department have changed due to the
Purchase of a computer, and,
WHEREAS, the amendment to the authorized positions will not require
additional funding in the Fiscal Year 1981 Operating Budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that total authorized positions in the Finance Department be amended by.
the addition of one Information Specialist position (Range 9).
It was moved by Neuhauser
that the resolution as read be adopted,ldandseconded
roll call there were:
AYES: NAYS: ABSENT:
x
— Balmer
x
— Erdahl
X Lynch
— Neuhauser
— x Perret
Roberts
x Vevera
Passed and approved this 4th day of November
, 1980.
4A—Y4OR� ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LA8
CEDAR RAPIDS - DES MOINES
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City of Iowa Cit^
MEMORANDUM
Date: October 30, 1980
To: City Council
From: Rosemary Vitosh, Director of Finance
Re: Information Specialist Position
As indicated in my earlier discussions with you on the acquisition of
a computer, it will be necessary to create an Information Specialist
position with the responsibility for the coordination of the data
processing system and application/systems development. This
position will report to the Controller.
The delivery date for the computer is the last week of December,
1980. It will then take approximately two weeks for installation,
two weeks for software generation, and should be available for usage
by the end of January. To expedite the conversion of our current
data processing applications from the service bureau to our computer
it is desirable to start training and systems development in the
month of November.
Total savings on service bureau fees for this fiscal year could
exceed $12,000 with an accelerated conversion schedule. To do this
it will be necessary to hire an Information Specialist in early
November.
The Keypunch Operator position is slated for elimination around June
30, 1980, depending upon the conversion from the service bureau to
our computer. In order 'to facilitate an accelerated conversion to
our computer, it will be necessary to have both an Information
Specialist and a Keypunch Operator for a limited time. More than
sufficient funding is available in our current budget as a result of
the elimination of the Budget Administrator position and the
anticipated savings in service bureau fees. Therefore, a budget
amendment for the salary of an Information Specialist would not be
necessary.
In November, we will have a terminal and a printer and will rent
computer time from the City of Wethersfield, Connecticut, for the
purpose of training and systems/application development.
Wethersfield has the same Admins computer system which we are
purchasing. Prior to installation of the computer equipment in
January, the Information Specialist will be trained for the
equipment use, begin documentation of current data processing
applications and systems, and will start development of the
applications for our computer. This will enable us to start using
the computer for processing shortly after installation and will
allow us to fully utilize the computer from day one.
I recommend that you approve the resolution authorizing the creation
Of this position.
bj/sp
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CEDAR RAPIDS • DES MOINES
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RESOLUTION NO. 80-486
RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY
OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCKS
25 AND 26 OF EAST IOWA CITY (VACATED F STREET R.O.W.
BETWEEN MUSCATINE AVENUE AND 3RD STREET).
WHEREAS, The City of Iowa City owns the following desribed real property:
Beginning at the intersection of the Northeasterly line of
Muscatine Avenue and the South line of Block 25 of East Iowa City
as platted and recorded in Johnson County, Book 1, page 92; thence
East 255.05 feet to the Southeast corner of said Block 25; thence S
00 00-45" E, 75.0 feet to the Northeast corner of Block 26 of said
East Iowa City; thence West 172.90 feet on the North line of said
Block 26 to the Northeasterly line of Muscatine Avenue; thence N
470 36138" W, 111.25 feet to the point of beginning. Said tract
containing 16,048.00 square feet; and
WHEREAS, the City desires to sell a portion of the above-described property
to Helen Svatos, more particularly described as follows:
Beginning at the intersection of the Northeasterly R.O.W. line of
Muscatine Avenue and the south line of Block 25, East Iowa City as
platted and recorded in Johnson County Book 1, Page 92; thence East
along said south line of Block 25 85.05 feet; thence southwesterly
68.10 feet to a point on the Northeasterly R.O.W. line of Muscatine
Avenue which is S 47° 36138" E. 30.00 feet from the point of
beginning; thence N 471 36138" W 30.00 feet to the point of
beginning; and
WHEREAS, the City desires to sell the other portion of the above-described
property to John F. and Karen L. Gillespie and Michael A. and Helen L.
Rittenmeyer, more particularly described as the parcel described in the first
clause above excepting the smaller portion described immediately above, 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
$18,000.
2. Prior to conveyance the City shall convey an easement to Iowa -Illinois
Gas and Electric, fifteen feet in width, over the existing gas line on
the property, and
WHEREAS, a public hearing on the proposed sale of this property was held on
the 21st day of October, 1980, at the City Council Chambers, Civic Center,
410 E. Washington St., Iowa City, Iowa.
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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RESOLUTION NO. 80-486
RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY
OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCKS
25 AND 26 OF EAST IOWA CITY (VACATED F STREET R.O.W.
BETWEEN MUSCATINE AVENUE AND 3RD STREET).
WHEREAS, The City of Iowa City owns the following desribed real property:
Beginning at the intersection of the Northeasterly line of
Muscatine Avenue and the South line of Block 25 of East Iowa City
as platted and recorded in Johnson County, Book 1, page 92; thence
East 255.05 feet to the Southeast corner of said Block 25; thence S
00 00-45" E, 75.0 feet to the Northeast corner of Block 26 of said
East Iowa City; thence West 172.90 feet on the North line of said
Block 26 to the Northeasterly line of Muscatine Avenue; thence N
470 36138" W, 111.25 feet to the point of beginning. Said tract
containing 16,048.00 square feet; and
WHEREAS, the City desires to sell a portion of the above-described property
to Helen Svatos, more particularly described as follows:
Beginning at the intersection of the Northeasterly R.O.W. line of
Muscatine Avenue and the south line of Block 25, East Iowa City as
platted and recorded in Johnson County Book 1, Page 92; thence East
along said south line of Block 25 85.05 feet; thence southwesterly
68.10 feet to a point on the Northeasterly R.O.W. line of Muscatine
Avenue which is S 47° 36138" E. 30.00 feet from the point of
beginning; thence N 471 36138" W 30.00 feet to the point of
beginning; and
WHEREAS, the City desires to sell the other portion of the above-described
property to John F. and Karen L. Gillespie and Michael A. and Helen L.
Rittenmeyer, more particularly described as the parcel described in the first
clause above excepting the smaller portion described immediately above, 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
$18,000.
2. Prior to conveyance the City shall convey an easement to Iowa -Illinois
Gas and Electric, fifteen feet in width, over the existing gas line on
the property, and
WHEREAS, a public hearing on the proposed sale of this property was held on
the 21st day of October, 1980, at the City Council Chambers, Civic Center,
410 E. Washington St., Iowa City, Iowa.
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the City is authorized to convey the above described real estate to
the parties described above for the sum of $18,000.
2. That the Mayor is authorized to sign, and the City Clerk to attest, an
Easement and two (2) Warranty Deeds conveying the above-described
property.
It was moved by Neuhauser and seconded by Erdahl that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X_ Erdahl
Abstaiikynch
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 4th day of November , 1980.
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CEDAR RAPIDS • DES MOINES
r,owhmd & Approved
�1y 6 0 E,ogal Department
R I V -70 8�
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RESOLUTION NO. 80-487
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT
BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS ASSOCIATES
(URBAN RENEWAL PARCEL NO. 64-1).
WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970,
entered into a contract for loan and grant with the United States of
America; and,
WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said
contract an Urban Renewal Project known as the City -University Project I,
Project Number Iowa R-14; and,
WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds
pursuant to the Housing and Community Development Act of 1974; and,
WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of
Title 24, Part 570, Section 570.801(c), of the Code of Federal
Regulations, transferred Community Development Block Grant funds to said
Urban Renewal Project, and transferred control of certain real property
acquired in carrying out said Urban Renewal Project to the City Council of
the City of Iowa City from the City Council acting as LPA, by Resolution
Number 76-446, dated December 14, 1976, and by Resolution No. 77-312,
dated August 9, 1977; and,
WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a
solicitation of Offers to Purchase Land for Private Redevelopment; and,
WHEREAS, Offers to Purchase Land for Private Redevelopment were received
and opened by the City of Iowa City on April 8, 1980; and
WHEREAS, the City Council of the City of Iowa City desires to accept the
redevelopment proposal submitted by Plaza Towers Associates, a joint
venture, and enter into a Contract for Sale of Land for Private Redevelop-
ment with Plaza Towers Associates; and
WHEREAS, the City Clerk, pursuant to Resolution 80-412, caused to be
published on September 18, 1980, notice of the City's intent to accept
said proposal and enter into a Contract for Sale of Land for Private
Redevelopment with Plaza Towers Associates;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that pursuant to the authority granted by Section 403 of the 1979 Code of
Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal
Regulations, the Mayor is hereby authorized and directed to sign and the
City Clerk to attest, on behalf of the City, a Contract for Sale of Land
for Private Redevelopment (Urban Renewal Parcel No. 64-1) by and between
the City of Iowa City and Plaza Towers Associates, a joint venture of
Plaza Retail Associates and Towers Hotel Associates.
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RESOLUTION NO. 80-487
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT
BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS ASSOCIATES
(URBAN RENEWAL PARCEL NO. 64-1).
WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970,
entered into a contract for loan and grant with the United States of
America; and,
WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said
contract an Urban Renewal Project known as the City -University Project I,
Project Number Iowa R-14; and,
WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds
pursuant to the Housing and Community Development Act of 1974; and,
WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of
Title 24, Part 570, Section 570.801(c), of the Code of Federal
Regulations, transferred Community Development Block Grant funds to said
Urban Renewal Project, and transferred control of certain real property
acquired in carrying out said Urban Renewal Project to the City Council of
the City of Iowa City from the City Council acting as LPA, by Resolution
Number 76-446, dated December 14, 1976, and by Resolution No. 77-312,
dated August 9, 1977; and,
WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a
solicitation of Offers to Purchase Land for Private Redevelopment; and,
WHEREAS, Offers to Purchase Land for Private Redevelopment were received
and opened by the City of Iowa City on April 8, 1980; and
WHEREAS, the City Council of the City of Iowa City desires to accept the
redevelopment proposal submitted by Plaza Towers Associates, a joint
venture, and enter into a Contract for Sale of Land for Private Redevelop-
ment with Plaza Towers Associates; and
WHEREAS, the City Clerk, pursuant to Resolution 80-412, caused to be
published on September 18, 1980, notice of the City's intent to accept
said proposal and enter into a Contract for Sale of Land for Private
Redevelopment with Plaza Towers Associates;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that pursuant to the authority granted by Section 403 of the 1979 Code of
Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal
Regulations, the Mayor is hereby authorized and directed to sign and the
City Clerk to attest, on behalf of the City, a Contract for Sale of Land
for Private Redevelopment (Urban Renewal Parcel No. 64-1) by and between
the City of Iowa City and Plaza Towers Associates, a joint venture of
Plaza Retail Associates and Towers Hotel Associates.
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Part I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Plaza Towers Associates
and
The City of Iowa City Iowa
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ABBIE STOLFUS
CITY CLERK
c;v116
0
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CONTRACT FOR
j SALE OF LAND FOR PRIVATE REDEVELOPMENT
I
AGREEMENT, consisting of this Part I and Part II annexed hereto and
made a part hereof (which Part I and Part II are to hereinafter
called "Agreement"), made on or as of the 16th day of
March 19 81
by and between t e ity o owa City,
Iowa, a public body corporate wM ch, together with any successor public
body or officer hereafter designated by or pursuant to law, is hereinafter
called the "City"), established pursuant to the statutes of the State of
Iowa pertaining to Municipalities, Cities, Towns, and particularly
Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban
Renewal Act") and having its office at the Civic Center in the City of
Iowa City, State of Iowa, and Plaza Towers Associates, a Joint Venture
organized and existing under the laws of the State of Iowa (hereinafter
called "Redeveloper") and having an office for the transaction of business
at 200 Plaza Centre One in the City of Iowa City, County of Johnson, and
State of Iowa, WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act,
the City has undertaken a program for the clearance and reconstruction or
rehabilitation of slum and blighted areas in the City, and in this
connection is engaged in carrying out an urban renewal project
(hereinafter called "Project") in an area (hereinafter called the
"Project Area") located in the City; and
WHEREAS, as of the date of this Agreement there has been prepared and
approved by the City an urban renewal plan for the Project, consisting of
The Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157,
as amended from time to time and as it may hereafter be further amended
pursuant to law (as so constituted is, unless otherwise indicated by the
context, hereinafter called "Urban Renewal Plan"), and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the date
of the Agreement has been recorded among the land records for the place in
which the Project Area is situated, namely, in the Office of the Johnson
County Recorder in Book 558, at page 40, and has been filed in the Office
of the Clerk of the City located at the Civic Center in the City; and
WHEREAS, in order to enable the City to achieve the objectives of the
Urban Renewal Plan and particularly to make the land in the Project Area
available for redevelopment by private enterprise for redevelopment in
accordance with the Urban Renewal Plan, both the Federal Government and
the City have undertaken to provide and have provided substantial aid and
assistance through a Contract for Loan and Capital Grant dated September
2, 1970, in the case of the Federal Government; and
WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City
has offered to sell and the Redeveloper is willing to purchase certain
real property located in the Project Area and more particularly described
1. in Schedule A annexed hereto and made a part hereof (which property as so
described is hereinafter called "Property") and to redevelop the Property
for and in accordance with the uses specified in the Urban Renewal Plan
and in accordance with the Agreement; and
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WHEREAS, the City believes that the redevelopment of the Property
pursuant to the Agreement, and the fulfillment generally of the Agreement,
are in the vital and best interests of the City and health, safety,
morals, and welfare of its residents, and in accord with the public
purposes and provisions of the applicable Federal, State, and local laws
and requirements under which the Project has been undertaken; and
WHEREAS, the City has acquired title to certain property described in
Schedule A hereof;
NOW, THEREFORE, in consideration of the premises and the mutual
obligations of the parties hereto, each of them does hereby covenant and
agree with the other as follows:
SECTION 1. SALE: PURCHASE PRICE
Subject to all terms, covenants, and conditions of the Agreement, the
City will sell the property described in Schedule A hereof to the
Redeveloper for, and the Redeveloper will purchase the property from
the City and pay therefor, the amount set forth in Schedule B hereof,
subject to the terms and conditions of Section 2 of this Agreement.
The amount set forth in Schedule B, hereinafter called Purchase
Price," is to be paid in cash or by certified check simultaneously
with the delivery of the deeds conveying the property to the
Redeveloper.
SECTION 2. CONVEYANCE OF PROPERTY
(a) Form of Deed. The City shall convey to the Redeveloper title to
t eiT property by Special Warranty Deed (hereinafter called
"Deed"). Such conveyance and title shall, in addition to the
condition subsequently provided for in Section 704, Part II,
hereof, and to all other conditions, covenants, and
restrictions set forth or referred to elsewhere in the
Agreement, be subject to:
i
(1) Such easements as it shall have been necessary, pursuant j
to the Urban Renewal Plan, for the City to reserve, for +j
itself or for future dedication or grant, for sewers,
drains, water and gas distribution lines, electric,
telephone, and telegraph installations, rights-of-way and
access, or as described or referred to in Schedule A,
description of property, attached hereto and referenced as
a part hereof;
(2) All conditions, covenants and restrictions contained in
said Urban Renewal Plan and Part I and II of this Contract.
(b) Time and Place for Deliver of Deeds. The City shall deliver
e Deed and possession of the—property to the Redeveloper upon
payment of the purchase price in full upon such dates as called
for in this Agreement. Conveyance shall be made at the
principal office of the City and the Redeveloper shall accept
such conveyance and pay to the City at such time and place the
purchase price in full for each parcel delivered.
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(c)Recordin
of Deeds. The Redeveloper shall promptly file the
ee s or recording among the land records of Johnson County,
Iowa. The redeveloper shall pay all costs for so recording said
Deed.
(d)
Delivery of the Abstract. The City will furnish to the
e evR er in advance of the closing on the parcel, an abstract
of title showing good marketable title in the City of Iowa City,
Iowa, free and clear of all taxes, assessments or other
iencumbrances
except as herein specified. The abstract of title
shall be at City expense and will be certified by a qualified
abstracting company to the close of business as the closest
practical date prior to the date of the deed of conveyance. The
cost of obtaining an attorney's examination of the abstract for
title opinion and/or the cost of obtaining title insurance, if
required, shall be at the expense of the Redeveloper.
(e)
Deliver of Pro ert . The City will deliver the property
sc
eri a in Schedule A hereof at the time set forth in Schedule
C hereof. The Redeveloper agrees to pay for and accept title of
such property -as called for in this Agreement and agrees to
begin development promptly on the property conveyed within the
time called for in this Agreement. Failure by the Redeveloper
to pay for and accept delivery of the urban renewal land as
called for herein will result in forfeiture of the deposits
posted with the City by the Redeveloper attributable to such
property, without limiting the City as to other remedies
against the Redeveloper. In the event the City is unable to
deliver the property as called for in Schedule C to the
Redeveloper, the Redeveloper shall have the option of
rescinding the development contract by causing a written notice
I
to be served upon the City of the exercise of such option. Upon
receipt by the City of this notice, the City shall have sixty
(60) days to cure the default by tendering the property covered
in the notice to the Redeveloper. If the City is unable to cure
the default within the sixty (60) days as provided herein, the
Redeveloper shall, at its option, stand relieved of its
obligation to accept the parcel involved and the City shall, in
'
such event, promptly refund the Redeveloper's good faith
deposit, referred to in Section 3 hereof. It is expressly
understood and agreed that the City shall have no other
liability, direct or indirect, to the Redeveloper on account of
delay or inability to deliver land to the Redeveloper as called
for in this Agreement and the Redeveloper's remedy in the event
of default by the City in delivery of urban renewal land is
hereby specifically limited to rescinding the contract as to
such land as provided in this paragraph.
(f)
Default by Develop er. In the event the Redeveloper fails to
_
accept a ivery o and pay for the property described herein, as
called for in this Agreement, the City may, at its option, call
the entire Agreement in default, serve a proper notice of
forfeiture upon the Redeveloper, and terminate this Agreement
in its entirety.
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(g) Condition Precedent to Conveyance. The City's obligation to
convey to the Redeveloper title to the property described
herein is subject to the condition precedent concerning
financing as set forth in Schedule C hereof.
SECTION 3. GOOD FAITH DEPOSIT
(a) Amount. The Redeveloper has, prior to or simultaneously with
the execution of the Agreement by the City, delivered to the
City a good faith deposit or a surety bond in the penal amount
of Twenty -Five Thousand ($25,000.00) Dollars, (ten percent
(10%) of the purchase price), in which the City is the obligee,
issued by a surety company
regularly engaged in the issuance of such undertakings and on
the list of surety companies approved by the United States
Treasury for at least such amount, or cash, or a certified check
satisfactory to the City in the amount of Twenty -Five Thousand
($25,000.00) Dollars, hereinafter called "Deposit," as security
for the performance of the obligations of the Redeveloper to be
performed prior to the return of the Deposit to the Redeveloper,
or its retention by the City as liquidated damages, as the case
may be, in accordance with the Agreement.
The Deposit, if cash or certified check, shall be deposited in
an account of the City in a bank or trust company selected by
it.
(b) Interest. The City shall be under no obligation to pay or earn
interest on the Deposit, but if interest is payable thereon such
interest when received by the City shall be promptly paid to the
Redeveloper.
(c) Retention by Citi. Upon termination of the Agreement as
provided in 5ections 703 and 704 of Part II hereof, the Deposit
or the proceeds of the Deposit, if not theretofore returned to
the Redeveloper pursuant to Paragraph (d) of this Section,
including all interest payable to such Deposit or the proceeds
thereof after such termination, shall be retained by the City
Agency as provided in Sections 703 and 704 of Part II hereof.
(d) Return to Redeveloper. Upon issuance of both Certificates of
Completion as called for in Section 305 of Part II hereof, or
upon termination of the Agreement as provided in Section 702 of
Part II hereof, the Deposit shall be returned to the Redeveloper
by the City.
SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS
The construction of the Improvements called for in this Agreement
shall be commenced and completed in accordance with Schedule D
hereof. Provided, that if a mortgage securing money loaned to
finance the Improvements, or any part thereof, is insured by the
Secretary of Housing and Urban Development, then the aforesaid
completion time shall not apply, but instead the construction of the
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Improvements, or any part thereof, shall be completed within the time
specified in the applicable Building Loan Agreement approved by the
Secretary of Housing and Urban Development.
SECTION 5. TIME FOR CERTAIN OTHER ACTIONS
(a) Time for Submission of Preliminary Design Plans. The
Redeveloper shall submit Preliminary Design Plans as called for
in Section 301 of Part II of this Agreement on or before
September 1, 1980.
(b) Time for Submission of Construction Plans. The Redeveloper
shall submit construction plans as called for in Section 301 of
Part II of this Agreement as soon as possible after approval of
the Preliminary Design Plans by the City Council, and in no
event later than the date of conveyance as set forth in Schedule
C hereof.
(c) Time for Submission of Corrected Plans. In the event that
Preliminary Design Plans or Construction Plans are rejected by
the City, as set forth in Section 301 of Part II of this
Agreement, the Redeveloper shall submit corrected plans within
thirty (30) days of said rejection.
(d) If any hardship shall exist in complying with the foregoing
provisions of this Section, the Redeveloper may petition to the
City in writing for an extension of time for performance of any
part of this Section, setting forth in detail the reasons for
needing such extension.
SECTION 6. PERIOD OF DURATION OF COVENANT ON USE
The covenants pertaining to the use of the Property, set forth in
Paragraph (a) of Section 401 of Part II hereof, shall remain in
effect from the date of the Deed until October 2, 1994, the period
specified or referred to in the Urban Renewal Plan, and shall
automatically extend for five year periods thereafter, unless
changed by the City Council.
SECTION 7. NOTICES AND DEMANDS
A notice, demand, or other communication under the Agreement by
either party to the other shall be sufficiently given or delivered if
it is dispatched by registered or certified mail, postage prepaid,
return receipt requested, or delivered personally, and
(i) in the case of the Redeveloper, is addressed to or delivered
personally to the Redeveloper at
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Plaza Towers Associates
i 200 Plaza Centre One
Iowa City, Iowa 52240
AND
(ii) in the case of the City, is addressed to or delivered personally
to the:
City Manager
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
or at such other address with respect to either such party as
that may, from time to time, designate in writing and forward to
the other as provided in this Section.
SECTION 8. COUNTERPARTS
The Agreement is executed in three (3) counterparts, each of which
shall constitute one and the same instruments.
SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL REVENUE BONDS
If the Redeveloper requests that the City issue industrial revenue
bonds for this redevelopment project, the following terms and conditions
shall apply:
a. The Redeveloper shall submit to the City a Deposit in the amount of
$30,000 on or before the execution of this contract.
b. Upon issuance of industrial revenue bonds, the Redeveloper shall pay
to the City Financing Fees equal to the sum of: $10.00 per $1,000 of
bonds for the first $1,000,000 of bonds; $5.00 per $1,000 of bonds
for the next $4,000,000 of bonds; and $2.00 per $1,000 of bonds in
excess of $5,000,000 in bonds.
C. To the extent that said $30,000.00 Deposit is not required by the
City for its bond related expenses, said Deposit shall be refunded.
SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION
The Redeveloper shall submit to the City, on or before November 28,
1980, or upon such earlier or later request of the City, the detailed
financial information necessary to support the issuance of industrial
revenue bonds.
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Plaza Towers Associates
i 200 Plaza Centre One
Iowa City, Iowa 52240
AND
(ii) in the case of the City, is addressed to or delivered personally
to the:
City Manager
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
or at such other address with respect to either such party as
that may, from time to time, designate in writing and forward to
the other as provided in this Section.
SECTION 8. COUNTERPARTS
The Agreement is executed in three (3) counterparts, each of which
shall constitute one and the same instruments.
SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL REVENUE BONDS
If the Redeveloper requests that the City issue industrial revenue
bonds for this redevelopment project, the following terms and conditions
shall apply:
a. The Redeveloper shall submit to the City a Deposit in the amount of
$30,000 on or before the execution of this contract.
b. Upon issuance of industrial revenue bonds, the Redeveloper shall pay
to the City Financing Fees equal to the sum of: $10.00 per $1,000 of
bonds for the first $1,000,000 of bonds; $5.00 per $1,000 of bonds
for the next $4,000,000 of bonds; and $2.00 per $1,000 of bonds in
excess of $5,000,000 in bonds.
C. To the extent that said $30,000.00 Deposit is not required by the
City for its bond related expenses, said Deposit shall be refunded.
SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION
The Redeveloper shall submit to the City, on or before November 28,
1980, or upon such earlier or later request of the City, the detailed
financial information necessary to support the issuance of industrial
revenue bonds.
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IN WITNESS WHEREOF, the City has caused the Agreement to be duly
executed in its name and behalf by its Mayor and its seal to be hereunto
duly affixed and attested by its City Clerk, and the Redeveloper has
caused the Agreement to be duly executed in its name and behalf by its
Joint Venturer Partners, on or as of the day first above written.
CITY OF IOWA CITY, IOWA
ATT T: D
1 Bo'i��
CITY CLERK J AYOR �—
AAtttteest:
Se retary
Attest:
1
Secr ary
Attest:
Secetary
PLAZA TOWERS ASSOCIATES (REDEVELOPER)
BY: PLAZA RETAIL ASSOCIATES
By: HIERON, INC.
BYY2
���sem.
Presidde
By: OLD CAPITOL BUSINESS CENTER
COMPANY
By: Hieron, Inc., General Partner
By
By: Investments Incorporated,
General Partner
BY C.C' COt OLlL
President
ent
By: CITY PLAZA LIMITED PARTNERSHIP
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By: Old Capitol Business Center
Company, General Partner
By Hieron, Inc.
BY/.Z
President
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IN WITNESS WHEREOF, the City has caused the Agreement to be duly
executed in its name and behalf by its Mayor and its seal to be hereunto
duly affixed and attested by its City Clerk, and the Redeveloper has
caused the Agreement to be duly executed in its name and behalf by its
Joint Venturer Partners, on or as of the day first above written.
CITY OF IOWA CITY, IOWA
ATT T: D
1 Bo'i��
CITY CLERK J AYOR �—
AAtttteest:
Se retary
Attest:
1
Secr ary
Attest:
Secetary
PLAZA TOWERS ASSOCIATES (REDEVELOPER)
BY: PLAZA RETAIL ASSOCIATES
By: HIERON, INC.
BYY2
���sem.
Presidde
By: OLD CAPITOL BUSINESS CENTER
COMPANY
By: Hieron, Inc., General Partner
By
By: Investments Incorporated,
General Partner
BY C.C' COt OLlL
President
ent
By: CITY PLAZA LIMITED PARTNERSHIP
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By: Old Capitol Business Center
Company, General Partner
By Hieron, Inc.
BY/.Z
President
Attest:
Assistanteta y
Attest:
Assistant Secre ary
STATE OF IOWA )
ss.
By: Investments Incorporated
By `QPresident
By: MEADOW LINK INCORPORATED
By 14'�
Vice -President
TOWERS HOTEL ASSOCIATES
BY: INVESTMENTS INCORPORATED
By`
President
By: COLLEGE TOWERS LIMITED "PARTNERSHIP
By �Q M�
Indi ual General Partner
By Investments Incorporated,
Corporate General Partner
By C
NJ President
By: MEADOW LINK INCORPORATE
By
Vi e'President
COUNTY OF JOHNSON )
On this _ day of doer, A.D., 1981, before me, a Notary
Public duly commissioned and qualified in and for said County and State,
personally appeared John R. Balmer, Mayor of the City of Iowa City, Iowa,
and Abbie Stolfus, City Clerk of said City, each being to me personally
known to be the identical persons and officers named in the foregoing
instrument, who executed the same under and by virtue of the authority
vested in them by the City Council of said City, and each for
himself/herself acknowledged the execution thereof to be his/her
voluntary act and deed for purposes herein expressed.
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IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal
at Iowa City, Iowa, the day and year last above written.
Notafy Public in and for the
State of Iowa
STATE,OF-IOWA )
ss.
JOHNSON COUNTY )
On this 26thday of March , 1981, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Wilfreda
Hieronymus and Albert N. Hieronymus (herein called "Declarants"), to me
personally known, who, being by me duly sworn, did say that they are the
President and Secretary, respectively, of Hieron, Inc. (herein called
"Hieron"), an Iowa corporation executing the within and foregoing instru-
ment; that the seal affixed thereto is the seal of said corporation; that
said instrument was signed and sealed on behalf of said corporation by
authority of its Board of Directors, and that the said Declarants, as such
officers, acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily
executed, and further, that Hieron is a General Partner of Old Capitol
Business Center Company, an Iowa Limited Partnership (herein called
"OCBCC"), which is itself a General Partner of City Plaza Limited Partner-
ship, an Iowa Limited Partnership (herein called "CPLP"); that Hieron,
OCBCC and CPLP are also Joint Venture Partners in Plaza Retail Associates,
an Iowa Joint Venture Partnership (herein called "Plaza Retail"); and that
Plaza Retail is a Joint Venture Partner in Plaza Towers Associates, an
Iowa Joint Venture Partnership (herein called "Plaza Towers"); and that
the foregoing instrument was signed on behalf of Plaza Towers by Plaza
Retail, as its Joint Venture Partner; Plaza Retail by Hieron, as its Joint
Venture Partner; by OCBCC, its Joint Venture Partner, by Hieron, its
General Partner; and by CPLP, its Joint Venture Partner, by OCBCC, its
General Partner, by Hieron, its General Partner; and Declarants
acknowledged the execution of said instrument to be the voluntary act and
deed of OCBCC, CPLP, Plaza Retail and Plaza Towers, by them voluntarily
executed.
Notary Pu is in and for the
State of Iowa
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IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal
at Iowa City, Iowa, the day and year last above written.
Notafy Public in and for the
State of Iowa
STATE,OF-IOWA )
ss.
JOHNSON COUNTY )
On this 26thday of March , 1981, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Wilfreda
Hieronymus and Albert N. Hieronymus (herein called "Declarants"), to me
personally known, who, being by me duly sworn, did say that they are the
President and Secretary, respectively, of Hieron, Inc. (herein called
"Hieron"), an Iowa corporation executing the within and foregoing instru-
ment; that the seal affixed thereto is the seal of said corporation; that
said instrument was signed and sealed on behalf of said corporation by
authority of its Board of Directors, and that the said Declarants, as such
officers, acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily
executed, and further, that Hieron is a General Partner of Old Capitol
Business Center Company, an Iowa Limited Partnership (herein called
"OCBCC"), which is itself a General Partner of City Plaza Limited Partner-
ship, an Iowa Limited Partnership (herein called "CPLP"); that Hieron,
OCBCC and CPLP are also Joint Venture Partners in Plaza Retail Associates,
an Iowa Joint Venture Partnership (herein called "Plaza Retail"); and that
Plaza Retail is a Joint Venture Partner in Plaza Towers Associates, an
Iowa Joint Venture Partnership (herein called "Plaza Towers"); and that
the foregoing instrument was signed on behalf of Plaza Towers by Plaza
Retail, as its Joint Venture Partner; Plaza Retail by Hieron, as its Joint
Venture Partner; by OCBCC, its Joint Venture Partner, by Hieron, its
General Partner; and by CPLP, its Joint Venture Partner, by OCBCC, its
General Partner, by Hieron, its General Partner; and Declarants
acknowledged the execution of said instrument to be the voluntary act and
deed of OCBCC, CPLP, Plaza Retail and Plaza Towers, by them voluntarily
executed.
Notary Pu is in and for the
State of Iowa
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STATE OF IOWA )
ss.
JOHNSON COUNTY )
On this 26th day of March 1981, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Jay C.
Oehler and Glenn Muller (herein called "Declarants"), to me personally
known, who, being by me duly sworn, did say that they are the President
and Secretary, respectively, of Investments Incorporated (herein called
"Investments"), an Iowa corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said corporation;
that said instrument was signed and sealed on behalf of said corporation
by authority of its Board of Directors, and that the said Declarants, as
such officers, acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily
executed; and further, that Investments is a General Partner of Old
Capitol Business Center Company, an Iowa Limited Partnership (herein
called OCBCC ), which is itself a General Partner of City Plaza Limited
Partnership, an Iowa Limited Partnership (herein called "CPLP"); that
OCBCC and CPLP are also Joint Venture Partners in Plaza Retail Associates,
an Iowa Joint Venture Partnership (herein called "Plaza Retail"); and that
Plaza Retail is a Joint Venture Partner in Plaza Towers Associates, an
Iowa Joint Venture Partnership (herein called "Plaza Towers"); and that
the foregoing instrument was signed on behalf of Plaza Towers by Plaza
Retail, as its Joint Venture Partner; Plaza Retail by OCBCC, its Joint
Venture Partner, by Investments, its General Partner; and by CPLP, its
Joint Venture Partner, by OCBCC, its General Partner, by Investments, its
General Partner; and Declarants acknowledged the execution of said
instrument to be the voluntary act and deed of OCBCC, CPLP, Plaza Retail
and Plaza Towers, by them voluntarily executed.
ZP�z��
Notary PubIYC in and for the
State of Iowa
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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STATE OF IOWA )
JOHNSON COUNTY j ss.
On this 26thday of March , 1981, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Donald
J. Scatena and John B. Klaus (herein called "Declarants"), to me
personally known, who, being by me duly sworn, did say that they are the
Vice -President and Assistant Secretary, respectively, of Meadow Link
Incorporated (herein called "Link"), an Indiana corporation, executing
the within and foregoing instrument; that the seal affixed thereto is the
seal of said corporation; that said instrument was signed and sealed on
behalf of said corporation by authority of its Board of Directors, and
that the said Declarants, as such officers, acknowledged the execution of
said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed; and, further, that Link is a Joint
Venture Partner in Plaza Retail Associates (herein called "Plaza
Retail"), and that Plaza Retail is a Joint Venture Partner in Plaza Towers
Associates, an Iowa Joint Venture Partnership (herein called "Plaza
Towers"), and that the foregoing instrument was signed on behalf of Plaza
Towers by Plaza Retail as its Joint Venture Partner and Plaza Retail by
Link as its Joint Venture Partner, and Declarants acknowledged the
execution of said instrument to be the voluntary act and deed of Plaza
Retail and Plaza Towers, by it and them voluntarily executed.
Notary FUD IIC in and for the
State of Iowa
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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STATE OF IOWA )
JOHNSON COUNTY j ss.
On this 26thday of March , 1981, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Donald
J. Scatena and John B. Klaus (herein called "Declarants"), to me
personally known, who, being by me duly sworn, did say that they are the
Vice -President and Assistant Secretary, respectively, of Meadow Link
Incorporated (herein called "Link"), an Indiana corporation, executing
the within and foregoing instrument; that the seal affixed thereto is the
seal of said corporation; that said instrument was signed and sealed on
behalf of said corporation by authority of its Board of Directors, and
that the said Declarants, as such officers, acknowledged the execution of
said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed; and, further, that Link is a Joint
Venture Partner in Plaza Retail Associates (herein called "Plaza
Retail"), and that Plaza Retail is a Joint Venture Partner in Plaza Towers
Associates, an Iowa Joint Venture Partnership (herein called "Plaza
Towers"), and that the foregoing instrument was signed on behalf of Plaza
Towers by Plaza Retail as its Joint Venture Partner and Plaza Retail by
Link as its Joint Venture Partner, and Declarants acknowledged the
execution of said instrument to be the voluntary act and deed of Plaza
Retail and Plaza Towers, by it and them voluntarily executed.
Notary FUD IIC in and for the
State of Iowa
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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STATE OF IOWA )
ss.
JOHNSON COUNTY )
On this 26thday of March
a Notary Public in and for th� op Iowa, personabefore lly the undersigned,
C.
Oehis lir, to the a Individual known,General who,
being by me duly sworn, ,did sayeared that
Partnership, an Iowa Joint Venture PartnershipCollege Towers Limited
executing the within and foregoing instrument and hethat therein lsaldC ay C.
Oehler, as such Individual General Partner, acknowledged the execution of
said instrument to be the voluntary act and deed of CTLP, by it and by him
voluntarily executed; and further that CTLP is a Joint Venrs
ture Partner in
Towers Hotel Associates (herein called "Towers Hotel"),
Hotel is a Joint Venture Partner in Plaza Towers Associaes,lan Iowad that JointVenture Partnership (herein called "Plaza Towers"), and that the
foregoing instrument was signed on behalf of Plaza Towers by Towers Hotel
as its Joint Venture Partner by CTLP as its Joint Venture Partner, by Jay
C. Oehler, its General Partner and he acknowledged the execution of said
instrument to be the voluntary act and deed of CTLP, Towers Hotel and
Plaza Towers, by them voluntarily executed.
o—�N arrPcbl-_,n allu or the
State of Iowa
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CEDAR RAPIDS • DES MOINES
STATE OF IOWA )
SS.
JOHNSON COUNTY )
On this 26thday of March 1981, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Jay C.
Oehler and Glenn Muller (herein called "Declarants"), to me personally
known, who, being by me duly sworn, did say that they are the President
and Secretary, respectively, of Investments Incorporated (herein called
"Investments"), an Iowa corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said corporation;
that said instrument was signed and sealed on behalf of said corporation
by authority of its Board of Directors, and that the said Declarants, as
such officers, acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily
executed; and further, that Investments is the Corporate General Partner
of College Towers Limited Partnership (herein called "CTLP"), an Iowa
Limited Partnership, and that Investments and CTLP are Joint Venture
Partners
Joint Venture Partnership, andsthw
at Towers Hotel isartJoin
an
IowaVenture
Partner in Plaza Towers Associates, an Iowa Joint Venture Partnership
(herein called "Plaza Towers"); and that the foregoing instrument was
signed on behalf of Plaza Towers by Towers Hotel as its Joint Venture
Partner by Investments as its Joint Venture Partner and by CTLP, its Joint
Venture Partner, by Investments, its Corporate General Partner; and
Declarants
act and ldeeddofthe
CTLP,execution
Towers Hotel said
and instrment Plazau Towers bye ththe
em
voluntarily executed.
Notary P Iic in and for the
State of Iowa
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F. CEDAR RAPIDS • DES MOINES ...,7
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MICROFILMED BY
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F. CEDAR RAPIDS • DES MOINES ...,7
STATE OF IOWA )
JOHNSON COUNTY )
SS.
n
On this 26th day of March , 1981, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Donald
J. Scatena and John B. Klaus (herein called "Declarants"), to me
personally known, who, being by me duly sworn, did say that they are the
Vice -President and Assistant Secretary, respectively, of Meadow Link
Incorporated (herein called "Link'), an Indiana corporation, executing
the within and foregoing instrument; that the seal affixed thereto is the
seal of said corporation; that said instrument was signed and sealed on
behalf of said corporation by authority of its Board of Directors, and
that the said Declarants, as such officers, acknowledged the execution of
said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed; and, further, that Link is a Joint
Venture Partner in Towers Hotel Associates (herein called "Towers
Hotel"), and that Towers Hotel is a Joint Venture Partner in Plaza Towers
Associates, an Iowa Joint Venture Partnership (herein called "Plaza
Towers"); and that the foregoing instrument was signed on behalf of Plaza
Towers by Towers Hotel as its Joint Venture Partner by Link as its Joint
Venture Partner and Declarants acknowledge the execution of said
instrument to be the voluntary act and deed of Towers Hotel and Plaza
Towers, by it and them voluntarily executed.
I-14
MICROFILMED BY
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CEDAR RAPIDS - DES MOINES
eo A.�Notary Pubrn and for the
State of Iowa
ao zd-
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STATE OF IOWA )
JOHNSON COUNTY )
SS.
n
On this 26th day of March , 1981, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Donald
J. Scatena and John B. Klaus (herein called "Declarants"), to me
personally known, who, being by me duly sworn, did say that they are the
Vice -President and Assistant Secretary, respectively, of Meadow Link
Incorporated (herein called "Link'), an Indiana corporation, executing
the within and foregoing instrument; that the seal affixed thereto is the
seal of said corporation; that said instrument was signed and sealed on
behalf of said corporation by authority of its Board of Directors, and
that the said Declarants, as such officers, acknowledged the execution of
said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed; and, further, that Link is a Joint
Venture Partner in Towers Hotel Associates (herein called "Towers
Hotel"), and that Towers Hotel is a Joint Venture Partner in Plaza Towers
Associates, an Iowa Joint Venture Partnership (herein called "Plaza
Towers"); and that the foregoing instrument was signed on behalf of Plaza
Towers by Towers Hotel as its Joint Venture Partner by Link as its Joint
Venture Partner and Declarants acknowledge the execution of said
instrument to be the voluntary act and deed of Towers Hotel and Plaza
Towers, by it and them voluntarily executed.
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MICROFILMED BY
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CEDAR RAPIDS - DES MOINES
eo A.�Notary Pubrn and for the
State of Iowa
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SCHEDULE A
LEGAL DESCRIPTION
All that certain parcel or parcels of land located in the City ofIowa
City, County of Johnson, State
i
of Iowa, more particularly described as
follows, to wit:
i
Part of Block 64, Original Town, Iowa City, Iowa, as recorded in
Johnson County Recorder's Office, Plat
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Book 1, Page 116, more
particularly described as follows:
Commencing as a point of reference at the Southwest corner of
Block 64, Original Town, Iowa
City, Iowa, as recorded in
Johnson County Recorder's Office, Plat Book 1, Page 116;
thence North 0004'10" West 125.00 feet along the Westerly
line of said Block 64 to
the point of beginning of the tract
herein described (this is an assumed bearing for
purposes of
this description only);
thence continuing North 0°04110" West 195.88 feet along said
Westerly line to
a point of intersection with the Northerly
line of said Block 64;
.;
thence North 89059'20" East 321.57 feet along said Northerly
line to a point of intersection
with the Easterly line of said
Block 64;
thence South 0007'00" East 196.35 feet along said Easterly
line to a
point;
thence North 89055'40" West 321.72 feet to the point of
beginning;
and subject to easements and restrictions of record,
and containing 63,078 square feet more or less.
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CEDAR RAPIDS • DES MOINES
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PARCEL NO.
64-1
PRICE OFFEREn
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CEDAR RAPIDS • DES MOINES
PRICE
$250,000.00
nAnPCI .„
64-1
SCHEDULE C
TIME FOR CONVEYANCE
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CEDAR RAPIDS • DES MOINES
DATE
The entire parcel shall be
conveyed within 30 days
after construction and
permanent loans for the
complete development have
been secured. It is
understood and agreed that
the loans described herein
shall be secured no later
than eleven (11) months
from the date of execution
of this contract.
It is expressly understood
and agreed that a condition
precedent to the City's
obligation to convey the
parcel shall be the
securing by the Redeveloper
of loans, both construction
and permanent, as above
stated.
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SCHEDULE D
Improvements on the parcel listed below will -commence and be
completed in accordance with the following schedule:
PARCEL NO. COMMENCE COMPLETION
64-1 MIXED-USE DEPARTMENT STORE BUILDING:
Commence construction not later than sixty (60)
working days following all necessary approvals
of the Redeveloper's construction plans and the
securing of loans as set forth in Schedule C
hereof.
Complete construction not later than 24 months
after commencement of construction.
MIXED-USE HOTEL BUILDING:
Commence construction not later than sixty (60)
working days following all necessary approvals
of the Redeveloper's construction plans and the
securing of loans as set forth in Schedule C
hereof.
Complete construction not later than 24 months
after commencement of construction.
It is understood and agreed that separate certificates of completion
shall be timely issued by the City upon completion of each building
described above.
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Part II
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
and
The City of Iowa City, Iowa
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT
SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City
shall convey and the redeveloper shall accept the property set forth in
Schedule A of this agreement AS IS (except that the City shall remove the
pavement of the existing parking lot prior to the Redeveloper's obligation
to commence construction) and it is expressly agreed that the City makes
no warranty, express or implied, regarding subsurface conditions and that
the City shall have no liability for any damages arising from subsurface
conditions. It is further agreed that any contracts or specifications for
site demolition and clearance which may have been examined by the
redeveloper were examined for information purposes only, and that the City
shall assume 'no liability for any defects or variance from the
specifications for work previously completed.
SECTION 102. EXPENSES. INCOME AND SALVAGE. All expenses, including
current taxes, if any, relating to buildings or other structures
demolished or to be demolished in accordance with Section 101 hereof shall
be borne by, and all income or salvage received as a result of the
demolition of such buildings or structures shall belong to, the City.
stcIIUN 1U3. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The
City, without expense to the Redeveloper or assessment or claim against
the property, shall cause the restriction of traffic and construction of
public improvements on existing street ,rights-of-way, and the
construction of parking structures as specifically set forth in the Urban
Renewal Plan. Provided, the City reserves the right to make future
modifications to the traffic circulation system and to the public
improvements when such changes are deemed necessary and in the public
interest.
JOINING IN PETITIONS BY
.� ncucvc1VPC1 IICI'eUy wolves has Lne purcnaser or the Property under the
Agreement and as the owner after the conveyance of the Property provided
for in the Agreement) any and all claims to award of damages, if any, to
compensate for the closing, vacation, restriction, change of restriction
or change of grade of any street, alley, or other public right-of-way
within or fronting or abutting on, or adjacent to, the Property which,
pursuant to Section 103 hereof, is to be closed or vacated, or the grade
of which is to be changed, and shall upon the request of the City
subscribe to, and join with, the City in any petition or proceeding
required for such vacation, dedication, change of grade, and, to the
extent necessary, rezoning, and execute any waiver or other document in
respect thereof.
ARTICLE II. RIGHTS OF ACCESS TO PROPERTY
SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for
itself, the City, and any public utility company, as may be appropriate,
the unqualified right to enter upon the Property at all reasonable times
for the purpose of reconstructing, maintaining, repairing, or servicing
the public utilities located within the Property boundary lines and
provided for in the easements described or referred to in Paragraph (a),
Section 2 of Part I hereof.
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
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-- ....n„ —u 11 U11L111 tAJtMtNTS. The
Redeveloper shall not construct any building or other structure or
improvement on, over, or within the boundary lines of any easement for
public utilities described or referred to in Paragraph (1), Section 2 of
Part I hereof, unless such construction is provided for in such easement
or has been approved in writing by the City Engineer, or the authorized
representative of an affected public utility.
SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the
Property by the City to the Redeveloper, the City shall permit
representatives of the Redeveloper to have access to any Property to which
the City holds title, at all reasonable times for the purpose of obtaining
data and making various tests concerning the Property necessary to carry
out the Agreement. After the conveyance of the Property by the City to
the Redeveloper, the Redeveloper shall permit employees, agents or
representatives of the City access to the Property at all reasonable times
for the purposes of the Agreement, including, but not limited to,
inspection of all work being performed in connection with the construction
of the Improvements. No compensation shall be payable nor shall any
charge be made in any form by any party for the access provided for in this
Section.
ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in
this Agreement the term "preliminary design plans shall include a site
plan and preliminary plans for Improvements which clearly show the size,
location, and external appearance of any structures, along with such other
information as is necessary to fully determine the intentions of the
redeveloper. The term "construction plans" shall mean all plans,
specifications, drawings, or other information required to be submitted
for issuance of any permit called for by applicable codes and ordinance.
The term "Improvements", as used in this Agreement, shall be deemed to
make reference to any buildings, structures, renovations, or other
improvements as provided for and specified in this Agreement, preliminary
design plans, and construction plans.
The Redeveloper shall, prior to the construction of the Improvements
called for in this Agreement, submit for approval by the City Council
preliminary design plans, and such other information as is necessary for
the City Council to fully determine the intentions of the redeveloper.
Such plans shall be submitted no later than the time specified therefor in
Paragraph (a), Section 5, of Part I hereof. It is expressly understood
that the preliminary design plans shall be submitted to review by the
City's Design Review Committee. Approval of such preliminary design plans
by the City Council shall in no way relieve .the redeveloper of the
responsibility for obtaining all required permits and otherwise fully
complying with all applicable state and local codes and ordinances.
Following approval of preliminary design plans by the City Council the
redeveloper shall submit construction plans and other information
necessary to obtain all permits required by applicable codes and
ordinances.
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Redeveloper shall not construct any building or other structure or
improvement on, over, or within the boundary lines of any easement for
public utilities described or referred to in Paragraph (1), Section 2 of
Part I hereof, unless such construction is provided for in such easement
or has been approved in writing by the City Engineer, or the authorized
representative of an affected public utility.
SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the
Property by the City to the Redeveloper, the City shall permit
representatives of the Redeveloper to have access to any Property to which
the City holds title, at all reasonable times for the purpose of obtaining
data and making various tests concerning the Property necessary to carry
out the Agreement. After the conveyance of the Property by the City to
the Redeveloper, the Redeveloper shall permit employees, agents or
representatives of the City access to the Property at all reasonable times
for the purposes of the Agreement, including, but not limited to,
inspection of all work being performed in connection with the construction
of the Improvements. No compensation shall be payable nor shall any
charge be made in any form by any party for the access provided for in this
Section.
ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in
this Agreement the term "preliminary design plans shall include a site
plan and preliminary plans for Improvements which clearly show the size,
location, and external appearance of any structures, along with such other
information as is necessary to fully determine the intentions of the
redeveloper. The term "construction plans" shall mean all plans,
specifications, drawings, or other information required to be submitted
for issuance of any permit called for by applicable codes and ordinance.
The term "Improvements", as used in this Agreement, shall be deemed to
make reference to any buildings, structures, renovations, or other
improvements as provided for and specified in this Agreement, preliminary
design plans, and construction plans.
The Redeveloper shall, prior to the construction of the Improvements
called for in this Agreement, submit for approval by the City Council
preliminary design plans, and such other information as is necessary for
the City Council to fully determine the intentions of the redeveloper.
Such plans shall be submitted no later than the time specified therefor in
Paragraph (a), Section 5, of Part I hereof. It is expressly understood
that the preliminary design plans shall be submitted to review by the
City's Design Review Committee. Approval of such preliminary design plans
by the City Council shall in no way relieve .the redeveloper of the
responsibility for obtaining all required permits and otherwise fully
complying with all applicable state and local codes and ordinances.
Following approval of preliminary design plans by the City Council the
redeveloper shall submit construction plans and other information
necessary to obtain all permits required by applicable codes and
ordinances.
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The preliminary design plans, as defined herein, shall in any event, be
deemed approved by the City Council unless rejection thereof in writing
shall be set forth by the City within forty (40) days after the date of
their receipt by the City Clerk. If the City so rejects such preliminary
design plans in whole or in part, the Redeveloper shall submit new or
corrected preliminary design plans which correct the defect set forth in
the rejection, within the time specified therefor in Paragraph C, Section
5, of Part I hereof. The provisions of this section relating to approval,
rejection, and resubmission of corrected preliminary design plans herein
above provided with respect to the original plans shall continue to apply
until the preliminary design plans have been approved by the City Council.
i
All work with respect to the Improvements to be constructed or provided by
the redeveloper on the property shall be in conformity with the
preliminary design plans as approved by the City Council. Construction
plans called for herein shall be consistent with and logical extensions of
the preliminary design plans approved by the City Council.
SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires
to make any changes in the preliminary design plans after their approval
by the City Council, the Redeveloper shall submit the proposed change to
the City Council for its approval. Changes in construction plans as
defined herein, may be approved by the Department of Housing and
Inspection Services, provided that such changes will not cause the
Improvement to be constructed in a manner not consistent with the
preliminary design plans as approved by Council.
TION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS.
The Redeveloper agrees for itself, its successors and assigns, and every
successor in interest to the Property, or any part thereof, and the Deed
shall contain covenants on the part of the Redeveloper for itself and such
successors and assigns, that the Redeveloper, and such successors and
assigns, shall promptly begin and diligently pursue to complRtion the
redevelopment of the Property through the construction of the
Improvements thereon, and that such construction shall in any event be
begun within the period specified in Section 4 of Part I hereof and be
completed within the period specified in such Section 4. It is intended
and agreed, and the Deed shall so expressly provide, that such agreements
and covenants shall be covenants running with the land and that they
shall, in any event, and without regard to technical classification or
designation, legal or otherwise, and except only as otherwise
specifically provided in the Agreement itself, be, to the fullest extent
permitted by law and equity, binding for the benefit of the community and
the City and enforceable by the City against the Redeveloper and its
successors and assigns to or of the Property or any part thereof or any
interest therein.
SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the
Property, or any part thereof, to the Redeveloper, and until construction
of the Improvements has been completed, as set forth in Section 305
hereof, the Redeveloper shall make reports, setting forth the status of
Improvements, construction schedule, and such other information as may
reasonably be requested by the City, as to the actual progress of the
1 Redeveloper with respect to such construction.
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SECTION 305. CERTIFICATE OF COMPLETION.
(a) Within thirty (30) days after completion of the Improvements in
accordance with those provisions of the Agreement relating solely to
the obligations of the Redeveloper to construct the Improvements
(including the dates for beginning and completion thereof), the City
will furnish the Redeveloper with an appropriate instrument so
certifying. Such certification by the City shall be (and it shall be
so provided in the Deed and in the certification itself) a conclusive
determination of satisfaction and termination of the agreements and
covenants in the dates for the beginning and completion thereof:
Provided, that if there is upon the Property a mortgage insured, or
held or owned, by the Federal Housing Administration and the Federal
Housing Administration shall have determined that all buildings
constituting a part of the Improvements and covered by such mortgage
are, in fact, substantially completed in accordance with the plans
and are ready for occupancy, then, in such event, the City and the
Redeveloper shall accept the determination of the Federal Housing
Administration as to such completion of the construction of the
Improvements in accordance with the plans, and, if the other
agreements and covenants in the Agreement obligating the Redeveloper
in respect of the construction and completion of the Improvements
have been fully satisfied, the City shall forthwith issue its
certification provided for in this Section. Such certification and
such determination shall constitute evidence of compliance with or
satisfaction of any obligation of the Redeveloper to any holder of a
mortgage, or any insurer of any mortgage, securing money loaned to
finance the Improvements, or any part thereof.
(b) With respect to such individual parts or parcels of the Property
which, if so provided in Part I (Schedule D) hereof, the Redeveloper
may convey or lease as the Improvements to be constructed thereon are
completed, the City will also, upon proper completion of the
Improvements relating to any such part or parcel, furnish the
Redeveloper with,an appropriate instrument, certifying that such
Improvements relating to any such part or parcel have been made in
accordance with the provisions of the Agreement. Such certification
shall mean and provide (1) that any party purchasing or leasing such
individual part or parcel pursuant to the authorization herein
contained shall not (because of such purchase or lease) incur any
obligation with respect to the construction of the Improvemetns
relating to such part or parcel or to any other part or parcel of the
Property; and (2) that neither the City nor any other party shall
thereafter have or be entitled to exercise with respect to any such
individual part or parcel so sold (or, in the case of lease, with
respect to the leasehold interest) any rights or remedies or controls
that it may otherwise have or be entitled to exercise with respect to
the construction of Improvements as called for herein.
(c) Each certification provided for in this Section shall be in such form
as will enable it to be recorded in the proper office for the
recordation of deeds and other instruments pertaining to the
Property, including the Deed. If the City shall refuse or fail to
provide any certification in accordance with the provisions of this
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SECTION 305. CERTIFICATE OF COMPLETION.
(a) Within thirty (30) days after completion of the Improvements in
accordance with those provisions of the Agreement relating solely to
the obligations of the Redeveloper to construct the Improvements
(including the dates for beginning and completion thereof), the City
will furnish the Redeveloper with an appropriate instrument so
certifying. Such certification by the City shall be (and it shall be
so provided in the Deed and in the certification itself) a conclusive
determination of satisfaction and termination of the agreements and
covenants in the dates for the beginning and completion thereof:
Provided, that if there is upon the Property a mortgage insured, or
held or owned, by the Federal Housing Administration and the Federal
Housing Administration shall have determined that all buildings
constituting a part of the Improvements and covered by such mortgage
are, in fact, substantially completed in accordance with the plans
and are ready for occupancy, then, in such event, the City and the
Redeveloper shall accept the determination of the Federal Housing
Administration as to such completion of the construction of the
Improvements in accordance with the plans, and, if the other
agreements and covenants in the Agreement obligating the Redeveloper
in respect of the construction and completion of the Improvements
have been fully satisfied, the City shall forthwith issue its
certification provided for in this Section. Such certification and
such determination shall constitute evidence of compliance with or
satisfaction of any obligation of the Redeveloper to any holder of a
mortgage, or any insurer of any mortgage, securing money loaned to
finance the Improvements, or any part thereof.
(b) With respect to such individual parts or parcels of the Property
which, if so provided in Part I (Schedule D) hereof, the Redeveloper
may convey or lease as the Improvements to be constructed thereon are
completed, the City will also, upon proper completion of the
Improvements relating to any such part or parcel, furnish the
Redeveloper with,an appropriate instrument, certifying that such
Improvements relating to any such part or parcel have been made in
accordance with the provisions of the Agreement. Such certification
shall mean and provide (1) that any party purchasing or leasing such
individual part or parcel pursuant to the authorization herein
contained shall not (because of such purchase or lease) incur any
obligation with respect to the construction of the Improvemetns
relating to such part or parcel or to any other part or parcel of the
Property; and (2) that neither the City nor any other party shall
thereafter have or be entitled to exercise with respect to any such
individual part or parcel so sold (or, in the case of lease, with
respect to the leasehold interest) any rights or remedies or controls
that it may otherwise have or be entitled to exercise with respect to
the construction of Improvements as called for herein.
(c) Each certification provided for in this Section shall be in such form
as will enable it to be recorded in the proper office for the
recordation of deeds and other instruments pertaining to the
Property, including the Deed. If the City shall refuse or fail to
provide any certification in accordance with the provisions of this
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Section, the City shall, within thirty (30) days after written
request by the Redeveloper, provide the Redeveloper with a written
statement, indicating in adequate detail in .what respects the
Redeveloper has failed to complete the Improvements in accordance
with the provisions of the Agreement, or is otherwise in default, and
what measures or acts it will be necessary, in the opinion of the
City, for the Redeveloper to take or perform in order to obtain such
certification.
ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY
SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself,
and its successors and assigns, and every successor in interest to the
Property, or any part thereof, and the Deed shall contain covenants on the
part of the Redeveloper for itself, and such successors and assigns, that
the Redeveloper, and such successors and assigns, shall:
(a) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan; and
(b) Not discriminate upon the basis of race, color, creed, religion, age,
disability, sex or national origin in the sale, lease, or rental or
in the use.or occupancy of the Property or any improvements erected
or to be erected thereon, or any part thereof.
(c) All advertising (including signs) for sale and/or rental of the whole
or any part of the Property shall include the legend, "An Open
Occupancy Building" in type or lettering of easily legible size and
design. The word "Project" or "Development" may be substituted for
the word "Building" where circumstances require such substitution.
(d) Comply with the regulations issued by the Secretary of Housing and
Urban Development set forth in 37 F.R. 22732-3 and all applicable
rules and orders issued thereunder which prohibit the use of lead-
based paint in residential structures undergoing federally -assisted
construction or rehabilitation and require the elimination of lead-
based paint hazards.
Ur UUMAIEUN. it is intended and agreed, and the need shall so expressly
provide, that the agreements and covenants provided in Section 401 hereof
shall be covenants running with the land and that they shall, in any
event, and without regard to technical classifications or designation,
legal or otherwise, and except only as otherwise specifically provided in
the Agreement, be binding, to the fullest extent permitted by law and
equity, for the benefit and in favor of, and enforceable by, the City, its
successors and assigns, any successor in interest to the Property, or any
part thereof, and the United States (in the case of the covenant provided
in subdivision (b) of Section 401 hereof), against the Redeveloper, its
successors and assigns and every successor in interest to the Property, or
any part thereof or any interest therein, and any party in possession or
occupancy of the Property or any part thereof. It is further intended and
agreed that the agreement and covenant provided in subdivision (a) of
Section 401 hereof shall remain in effect for the period of time, or until
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the date, specified or referred to in Section 6 of Part I hereof (at which
time such agreement and covenant shall terminate) and that the agreements
and covenants provided in subdivision (b) of Section 401 hereof shall
remain in effect without limitation as to time: Provided, that such
agreements and covenants shall be binding on the Redeveloper itself, each
successor in interest to the Property, and every part thereof, and each
party in possession or occupancy, respectively, only for such period as
such successor or party shall have title to, or an interst in, or
possession or occupancy of, the Property or part thereof. The terms "uses
specified in the Urban Renewal Plan" and "land use" referring to
provisions of ,the Urban Renewal Plan, or similar language, in the
Agreement shall include the land and all building, housing, and other
requirements or restrictions of the Urban Renewal Plan pertaining to such
land.
SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In
amplification, and not in restriction, of the provision of the preceding
Section, it is intended and agreed that the City and its successors and
assigns shall be deemed beneficiaries of the agreements and covenants
provided in Section 401 hereof, and the United States shall be deemed a
beneficiary of the covenant provided in subdivision (b) of Section 401
hereof, both for and in their or its own right and also for the purposes of
protecting the interest of the community and other parties, public or
private in whose favor or for whose favor or for whose benefit such
agreements and covenants have been provided. Such agreement and covenants
shall (and the Deed shall so state) run in favor of the City and the United
States, for the entire period during which such agreements and covenants
shall be in force and effect, without regard to whether the City or the
United States has at any time been, remains, or in an owner of any land or
interest therein to or in favor of which such agreements and covenants
relate. The City shall have the right, in the event of any breach of any
such agreement or covenant, and the United States shall have the right in
the event of any breach of covenant provided in subdivision (b) of Section
401 hereof, to exercise all the rights and remedies, and to maintain any
actions or suits at law or in equity or other propery proceedings to
enforce the curing of such breach of agreement or covenant, to which it or
any other beneficiaries of such agreement or covenant may be entitled.
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper
represents and, agrees that its purchase of the Property, and its other
undertakings pursuant to the Agreement, are, and will be used, for the
purpose of the redeveloment of the Property and not for speculation in
land holding. The Redeveloper further recognizes that, in view of
(a) the importance of the redevelopment of the Property to the general
welfare of the community;
(b) the substantial financing and other public aids that have been made
available by law and by the Federal and local Governments for the
purpose of making such redevelopment possible; and
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(c) the fact that a transfer of the stock in the Redeveloper or of a
I
substantial part thereof, or any other act or transaction involving
or resulting in a significant change in the ownership or distribution
Of such stock or with respect to the identity of the parties in
control of the Redeveloper or the degree thereof, is for practical
purposes a transfer or disposition of the Property then owned by the
Redeveloper,
the qualifications and identity of the Redeveloper, and its stockholders,
are of particular concern to the community and the City, The Redeveloper
further recognizes that it is because of the recognition of such
qualifications and identity that the City is entering into the Agreement
with the Redeveloper, and, in so doing, the City is further willing to I
accept and rely on the obligations of the Redeveloper for the faithful
preformance of all undertakings and covenants in the Agreement.
REDEVELOPER. For the foregoing reasons, UVOWNERSHIP
Redeveloper. agrees OF
itse� if aid all persons holding an interest therein, their heirs,
successors and assigns that there shall be no change or transfer of
ownership or control by any person or combination of persons owning or
controlling ten (10) percent or more interest in the Redeveloper through
sale, assignment, merger, increased capitalization or by any other means,
without the express written approval of the City. With respect to this
provision, the Redeveloper and the parties signing the Agreement on behalf
of the Redeveloper represent that they have the authority of all persons
holding interest therein to agree to this provision on their behalf and to
bind them with respect thereto.
AGREEMENT. Also, for theryforegoingrreason s he Redeveloper OF PROPERTY 0represents
land
agrees for itself, and its successors and assigns, that:
(a) Except only
(1) by way of security for, and only for,
(
obtaining financing necessary to enable the Redeveloper por any
successor in interest to the Property, or any part thereof, to
perform its obligations with respect to acquiring the property
and making the Improvements under the Agreement, and (ii) any
other purpose authorized by the Agreement, and
(2) as to any individual parts or parcels of the Property on which
the Improvements
be
and which, by the oterms ooftthe Agr em nt,hthe Redevelave been opereis
authorized to convey or lease as such Improvements are f
completed, !!!
the Redeveloper (except as so authorized) has not made or created, and
that it will not
certified by the,CPior to the proper completion of the Improvements as
any total or partial
sale kassignment, or create�conveyance,or suffertorl anycreate
tt
or power, or transfer in any other mode or form of or with respect to the
Agreement or the Property, or any part thereof or any interest therein, or
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approval of the City: Provided, that prior to the issuance by the City of
the certificate provided by in Section 306 hereof as to completion of
construction of the Improvements, the Redeveloper may enter into any
agreement to sell, lease, or otherwise transfer, after the issuance of
such certificate, the Property or any part thereof or interest therein,
which agreement shall not provide for payment of or on account of the
purchase price or rent for the Property, or the part thereof or the
interest therein to be so transferred, prior to the issuance of such
certificate.
(b) The City shall be entitled to require, except as otherwise provided
in this Agreement, as conditions to any such approval that:
(1) Any proposed transferee shall have the qualifications and
financial responsibility, as determined by the City, necessary
and adequate to fulfill the obligations undertaken in the
Agreement by the Redeveloper (or, in the event the transfer is
of or relates to part of the Property, such obligations to the
extent that they relate to such part).
(2) Any proposed transferee, by instrument in writing satisfactory
to the City and in form recordable among the land records,
shall, for itself and its successors and assigns, and expressly
for the benefit of the City, have expressly assumed all of the
obligations of the Redeveloper under the Agreement and agreed
to be subject to all the conditions and restrictions to which
the Redeveloper is subject (or, in the event the transfer is of
or related to part of the Property, such obligations,
conditions, and restrictions to the extent that they relate to
such part): Provided, that any instrument or agreement which
purports to transfer any interest whatsoever caused by this
agreement without the express written approval of the City, is
null and void.
(3) There shall be submitted to the City for review all instruments
and other legal documents involved in effecting transfer; and
if approved by the City, its approval shall be indicated to the
Redeveloper in writing.
(4) The consideration payable for the transfer by the transferee or
on its behalf shall not exceed an amount representing the actual
i cost (including carrying charges) to the Redeveloper of the
Property (or allocable to the part thereof or interest therein
transferred) and the Improvements, if any, theretofore made
thereon by it; it being the intent of this provision to preclude
assignment of the Agreement or transfer of the Property for
profit prior to the issuance of the certificate of completion as
set forth in Section 306 of this Agreement. The City shall be
entitled to increase the Purchase Price to the Redeveloper by
the amount that the consideration payable for the assignments
or transfer is in excess of the amount that may be authorized
pursuant to this subdivision (4), and such consideration shall,
to the extent it is in excess of the amount so authorized,
belong to and forthwith be paid to the City.
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(5) The Redeveloper and its transferee shall comply with such other
conditions as the City may find desirable in order to achieve
and safeguard the purposes of the Urban Renewal Act and the
Urban Renewal Plan.
Provided, that in the absence of specific written agreement by the City to
the contrary, no such transfer or approval by the City thereof shall be
deemed to relieve the Redeveloper, or any other party bound in any way by
the Agreement or otherwise with respect to the construction of the
Improvements, from any of its obligations with respect thereto.
SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In
order to assist in the effectuation of the purposes of this Article V and
the statutory objectives generally, the Redeveloper agrees that during
the period between execution of the Agreement and completion of the
Improvements as certified by the City,
(a) the Redeveloper will promptly notify the City of any and all changes
whatsoever in the ownership or control of interest, legal or
beneficial, or of any other act or transaction involving or resulting
in any change in the ownership of such interest or in the relative
distribution thereof, or with respect to the identity of the parties
in control of the Redeveloper or the degree thereof, of which it or
any of its officers have been notified or otherwise have knowledge or
information; and
(b) the Redeveloper shall, at such times as the City may request, furnish
the City with a complete statement, subscribed and sworn to by the
President' or other executive officer of the Redeveloper, setting
forth all of the holders of interest in the Redeveloper and the
extent of their respective holdings, and in the event any other
parties have a beneficial interest in such holdings their names and
the extent of the Redeveloper, any specific inquiry made by any such
officer, of all parties who on the basis of all such records own ten
(10) percent or more of the interest in the Redeveloper, and by such
other knowledge or information as such officer shall have. Such
lists, data, and information shall in any event be furnished the City
immediately prior to the delivery of the Deed to the Redeveloper and
as a condition precedent thereto, and annually thereafter on the
anniversary of the date of the Deed until the issuance of a
certificate of completion of all the Property.
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the
completion of the Improvements, as certified by the City, neither the
Redeveloper nor any successor in interest to the Property or any part
thereof shall engage in any financing or any other transaction creating
any mortgage or other encumbrance or lien upon the Property, whether by
express agreement or operation of law, or suffer any encumbrances or lien
to be made on or attach to the Property, except for the purposes of
obtaining
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(a) funds only to the extent necessary for making the Improvements, and
(b) such additional funds, if any, in an amount not to exceed the
Purchase Price paid by the Redeveloper to the City.
The Redeveloper (or successor in interest) shall notify the City in
advance of any financing, secured by mortgage or other similar lien
instrument, it proposes to enter into with respect to the Property, or any
part thereof, and in any event it shall promptly notify the City of any
encumbrance or lien that has been created on or attached to the Property,
whether by voluntary act of the Redeveloper or otherwise. For the
purposes of such mortgage financing as may be made pursuant to the
Agreement, the- Property may, at the option of the Redeveloper (or
successor in interest), be divided, provided that such subdivision, in the
opinion of the City, is not inconsistent with the purposes of the Urban
Renewal plan and the Agreement and is approved in writing by the City.
SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any
of the provisions of the Agreement, including but not limited to those
which are or are intended to be covenants running with the land, the
holder of any mortgage, authorized by the Agreement (including any such
holder who obtains title to the Property or any part thereof as a result
of foreclosure proceedings, or action in lieu thereof, but not including
(a) any other party who thereafter obtains title to the Property or such
part from or through such holder; or (b) any other purchaser at
foreclosure sale other than the holder of the mortgage itself) shall in no
way be obligated by the provisions of the Agreement to construct or
complete the Improvements or to guarantee such construction or
completion;.nor shall,any covenant or any other provision in the Deed be
construed to so obligate such holder: Provided, that nothing in this
Section or any other Section or provision of the Agreement shall be deemed
or construed to permit or authorize any such holder to devote the Property
or any part thereof to any uses, or to construct any improvements thereon,
other than those uses or improvements provided or permitted in the Urban
Renewal Plan and in the Agreement.
SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City
shall deliver any notice or demand to the Redeveloper with respect to any
breach or default by the Redeveloper in its obligations or covenants under
the Agreement, the City shall at the same time forward a copy of such
notice or demand to each holder of any mortgage authorized by the
Agreement at the last address of such holder shown in the records of the
City.
SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or
default referred to in Section 603 hereof, each such holder shall (insofar
as the rights of the City are concerned) have the right, at its option, to
cure or remedy ,such breach or default (or such breach or default to the
extent that it relates to the part of the Property covered by its
mortgage) and to add the cost thereof to the mortgage debt and the lien of
its mortgage: Provided, that if the breach or default is with respect to
construction of the Improvements, nothing contained in this Section or any
other Section of the Agreement shall be deemed to permit or authorize such
holder, either before or after foreclosure or action in lieu thereof, to
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undertake or continue the construction or completion of the Improvements
(beyond the extent necessary to conserve or protect Improvements or
already madefirst hing expressassumed
thout
obligationoto the City, by,w i?tten agreement satisf ctory t the City,the to
complete, in the manner provided in the Agreement, the Improvements on the
Property or the part thereof to which the lien or title of such holder
relates. Any such holder who shall properly complete the Improvements
relating to the Property or applicable part thereof shall be entitled,
upon written request made to the City, to a certification or
certifications by the City to such effect in the manner provided in
Section 305 of the Agreement, and any such certification shall, if so
requested by such holder mean and provide that any remedies or rights with
respect to recapture of or reversion or revesting of title to the Property
that the City shall have or be entitled to because of failure of the
Redeveloper or any successor in interest to the Property, or any part
thereof, to cure or remedy any default with respect to the construction of
the Improvements on other parts or parcels of the Property, or became of
any other default in or breach of the Agreement by the Redeveloper or such
such certification relates.
successor, shall not apply to the part or parcel of the Property to which
SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY.
In any case, where, subsequent to default or breach by the Redeveloper (or
successor in interest) under the Agreement, the holder of any mortgage on
the Property or part thereof
(a) has, but does not exercise, the option to construct or complete the
Improvements relating to the Property or part thereof covered by its
mortgage or to which it has obtained title, and such failure
continues for a period of sixty (60) days after the holder has been PP
notified or informed of the default or breach; or 3
(b) undertakes construction or completion of the Improvements but does
not complete such construction within the period as agreed upon by
the City and such holder (which period shall in any event be at least
Is long as the period prescribed for such construction or completion
in the Agreement), and such default shall not have been cured within
sixty (60) days after written demand by the City so to do,
the City shall (and every mortgage instrument made prior to completion of
the Improvements with respect to the Property by the Redeveloper or
successor in interest shall so provide) have the option of paying to the
holder the amount of the mortgage debt and securing an assignment of the
mortgage and the debt secured thereby, or, in the event ownership of the
Property (or part thereof) has vested in such holder by way of foreclosure
or action in lieu thereof, the City shall be entitled, at its option, to a
conveyance to it of the Property or part thereof (as the case may be) upon
payment to such holder of an amount equal to the sum of: (i) the mortgage
debt at the time of foreclosure or action in lieu thereof (less all
appropriate lication oferentalsinandding other hose income sreceived rduringcollection
foreclosure
i
proceedings); (ii) all expenses with respect to the foreclosure; (iii) the
net expense, if any (exclusive of general overhead), incurred by such
holder in and as a direct result of the subsequent management of the
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Property; (iv) the costs of any Improvements made by such holder; and (v)
an amount equivalent to the interest that would have accrued on the
aggregate of such amounts had all such amounts become part of the mortgage
debts and such debt had continued in existence.
SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a
default or breach prior to the completion of the Improvements by the
Redeveloper, or any successor in interest, in or of any of its obligations
under, and to the holder of, any mortgage or other instrument creating an
encumbrance or lien upon the Property or part thereof, the City may at its
option cure such default or breach, in which cases the City shall be
entitled, in addition to and without limitation upon any other rights or
remedies to which it shall be entitled by the Agreement, operation of law,
or otherwise, to reimbursement from the Redeveloper or successor in
interest of all costs and expenses incurred by the City in curing such
default or breach and to a lien upon the Property (or the part thereof to
which the mortgage, encumbrance, or lien relates) for such reimbursement:
Provided, that any such lien shall be subject always to the lien of
including any lien contemplated, because of advances yet to be made, by)
any then existing mortgages on the Property authorized by the Agreement.
SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement:
The term mortgage sha 1 nclude a deed of trust or other instrument
creating an encumbrance or lien upon the Property, or any part thereof, as
security for a loan. The term "holder" in reference to a mortgage shall
include any insurer or guarantor of any obligation or condition secured by
such mortgage or deed of trust, including, but not limited to, the Federal
Housing Commissioner, the Administrator of Veterans Affairs, and any
successor in office of either such official.
ARTICLE VII. REMEDIES
SECTION 701. IN GENERAL. Except as otherwise provided in the Agreement,
in the event of any de ault in or breach of the Agreement, or any of its
terms or conditions, by either party hereto, or any successor to such
party, such party (or successor) shall, upon written notice from the
other, proceed immediately to cure or remedy such default or breach, and,
in any event, within sixty (60) days after receipt of such notice. In
case such action is not taken or not diligently pursued, or the default or
breach shall not be cured or remedied within a reasonable time, the
aggrieved party may institute such proceeedings as may be necessary or
desirable in its option to cure and remedy such default or breach,
including, but not limited to, proceedings to compel specific performance
by the party in default or breach of its obligations.
SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the
event that the City does not tender conveyance of the Property, or
possession thereof, in the manner and condition, and by the date, provided
in this Agreement, and any such failure shall not be cured within sixty
(60) days after the date of written demand by the Redeveloper, and the
City is unable to demonstrate, to the reasonable satisfaction of the
Redeveloper that the defects, cloud, or other deficiencies in or on title
involved, or the part of the property to which it relates, is of such
nature that the Redeveloper will not be hampered or delayed in the
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construction of the improvements by taking title and possession subject to
such defects, the City will refund to the Developer any good faith deposit
tendered by the Redeveloper for such property or the portion of said good
faith deposit reasonable allocable to the portion of the property not
conveyed and this agreement with respect of the property not conveyed
shall be terminated, provided, it 1*s, hereby expressly agreed that in the
event this agreement is terminated pursuant to this Section each party to
this agreement shall be solely responsible for all expenses incurred or
obligated by it and shall have no claim against the other party.
ac�Iiun iva. ItKMINAI1uN BY UI Y PRIOR TO CONVEYANCE. In the event that
prior to conveyance of the Property to the Redeveloper, the Redeveloper is
in violation of Section 502 of Part II of this Agreement or the
Redeveloper does not pay the Purchase Price and take title to the Property
upon tender of conveyance by the City pursuant to this Agreement, or the
Redeveloper fails to cure any default or failure within thirty 30 days
from the date of written demand by the City, then this Agreement, and any
rights of the Redeveloper, or any assignee or transferee, in this
Agreement, or arising therefrom with respect to the City or the Property,
shall, at the option of the City, be terminated by the City, in which
event, as provided in Paragraph C, Section 3 of Part I hereof, the Deposit
or any portion thereof may be retained by the City as liquidated damages
and as its property without any deduction, offset, or recoupment
whatsoever, and neither the Redeveloper (or assignee or transferee) nor
the City shall have any further rights against or liability under this
Agreement to the other in respect to the property or part thereof for
which the deposit has been retained.
bLU11UN 704. REVESTING TITLE IN CITY SUBSEQUENT Tmg
CONVEYANCE TO
REDEVELOPER. In the event that subsequent to conveyance of the Property
or any part thereof to the Redeveloper and prior to completion of the
Improvements as certified by the City
(a) the Redeveloper does not submit plans as required by the Agreement in
satisfactory form and in the manner and by the dates respectively
provided in this Agreement; or
(b) the Redeveloper (or successor in interest) shall default in or
violate its obligations with respect to the construction of the
Improvements (including the nature and the dates of for the beginning
and completion thereof), or shall abandon or substantially suspend
construction work, and any such default, violation, abandonment, or
suspension shall not be cured, ended, or remedied within ninety (90)
days after written demand by the City; or
(c) the Redeveloper (or successor in interest) shall fail to pay real
estate taxes or assessments on the Property or any part thereof when
due, or shall place thereon any encumbrance or lien unauthorized by
the Agreement, or shall suffer any levy or attachment to be made, or
any materialmen's or mechanic's lien, or any other unauthorized
encumbrance or lien to attach, and such taxes or assessments shall
not have been paid, or the encumbrance or lien removed or discharged
or provision satisfactory to the City made for such payment, removal,
or discharge, within ninety (90) days after written demand by the
City; or
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construction of the improvements by taking title and possession subject to
such defects, the City will refund to the Developer any good faith deposit
tendered by the Redeveloper for such property or the portion of said good
faith deposit reasonable allocable to the portion of the property not
conveyed and this agreement with respect of the property not conveyed
shall be terminated, provided, it 1*s, hereby expressly agreed that in the
event this agreement is terminated pursuant to this Section each party to
this agreement shall be solely responsible for all expenses incurred or
obligated by it and shall have no claim against the other party.
ac�Iiun iva. ItKMINAI1uN BY UI Y PRIOR TO CONVEYANCE. In the event that
prior to conveyance of the Property to the Redeveloper, the Redeveloper is
in violation of Section 502 of Part II of this Agreement or the
Redeveloper does not pay the Purchase Price and take title to the Property
upon tender of conveyance by the City pursuant to this Agreement, or the
Redeveloper fails to cure any default or failure within thirty 30 days
from the date of written demand by the City, then this Agreement, and any
rights of the Redeveloper, or any assignee or transferee, in this
Agreement, or arising therefrom with respect to the City or the Property,
shall, at the option of the City, be terminated by the City, in which
event, as provided in Paragraph C, Section 3 of Part I hereof, the Deposit
or any portion thereof may be retained by the City as liquidated damages
and as its property without any deduction, offset, or recoupment
whatsoever, and neither the Redeveloper (or assignee or transferee) nor
the City shall have any further rights against or liability under this
Agreement to the other in respect to the property or part thereof for
which the deposit has been retained.
bLU11UN 704. REVESTING TITLE IN CITY SUBSEQUENT Tmg
CONVEYANCE TO
REDEVELOPER. In the event that subsequent to conveyance of the Property
or any part thereof to the Redeveloper and prior to completion of the
Improvements as certified by the City
(a) the Redeveloper does not submit plans as required by the Agreement in
satisfactory form and in the manner and by the dates respectively
provided in this Agreement; or
(b) the Redeveloper (or successor in interest) shall default in or
violate its obligations with respect to the construction of the
Improvements (including the nature and the dates of for the beginning
and completion thereof), or shall abandon or substantially suspend
construction work, and any such default, violation, abandonment, or
suspension shall not be cured, ended, or remedied within ninety (90)
days after written demand by the City; or
(c) the Redeveloper (or successor in interest) shall fail to pay real
estate taxes or assessments on the Property or any part thereof when
due, or shall place thereon any encumbrance or lien unauthorized by
the Agreement, or shall suffer any levy or attachment to be made, or
any materialmen's or mechanic's lien, or any other unauthorized
encumbrance or lien to attach, and such taxes or assessments shall
not have been paid, or the encumbrance or lien removed or discharged
or provision satisfactory to the City made for such payment, removal,
or discharge, within ninety (90) days after written demand by the
City; or
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(d) the Redeveloper violates the provision of Section 502 of Part II of
this Agreement and such violation shall not be cured within sixty
(60) days after written demand by the City to the Redeveloper,
then the City shall have the right to re-enter and take possession of the
Property and all Improvements located thereon to terminate (and revest in
the City) the property conveyed by the Deed 'to the Redeveloper, it being
the intent of this provision, together with other provisions of the
Agreement, that the conveyance of the Property to the Redeveloper shall be
made upon, and that the Deed shall contain, a condition subsequent to the
effect that in the event of any default, failure, violation, or other
action or inaction by the Redeveloper specified in subdivisions (a), (b),
(c) and (d) of this Section 704, failure on the part of the Redeveloper to
remedy, end, or abrogate such default, failure, violation, or other action
or inaction, within the period and in the manner stated in such
subdivisions, the City at its option may declare a termination in favor of
the City of the title, and of all the rights and interests in and to the
Property conveyed by the Deed to the Redeveloper and Improvements
constructed thereon, and that such title and all rights and interests of
the Redeveloper, and any assigns or successors in interest to and in the
Property and any Improvements constructed thereon, shall revert to the
City: Provided, that such condition subsequent and any revesting of title
as a result thereof in the City
(1) shall always be subject to and limited by, and shall not defeat,
render invalid, or limit in any way, (i) the lien of any mortgage
authorized by the Agreement, and (ii) any rights or interests
provided in the Agreement for the protection of the holders of such
mortgages; and
(2) shall not apply to individual parts or parcels of the Property (or,
in the case of parts or parcels leased, the leasehold interest) on
which the Improvements to be constructed thereon have been completed
in accordance with the Agreement and for which a certificate of
completion is issued therefore as provided in Section 305 hereof or
on which the Improvements to be constructed thereon are in fact
proceeding with construction on an approved schedule and for which a
certificate of completion would be issued in normal course.
In addition to and without in any way limiting the City's right to
re-entry as provided for in this Section, the City shall have the
right to retain the Deposit or any portion thereof, as provided in
Paragraph C, Section 3 of Part I hereof,' without any deduction,
offset or recoupment whatsoever, in the event of a default, violation
or failure of the Redeveloper as specified in this Section.
SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS.
Upon the revesting in the CT
ty of title to the Property or a portion
thereof and any Improvements thereon, or any part thereof as provided in
Section 704, the City shall, pursuant to its responsibilities under State
law, use its best efforts to resell the Property or part therof (subject
to such mortgage liens and leasehold interest as in Section 704 set forth
and provided) as soon and in such manner as the City shall find feasible
the Improvements or such other improvements in their stead as shall be
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satisfactory to the City and in accordance with the uses specified for
such Property or part thereof in the Urban Renewal Plan. Upon such resale
of the Property, the proceeds thereof shall be applied:
(a) First, to reimburse the City, on its own behalf, for all costs and
expenses incurred by the City, including but not limited to salaries
of personnel, in connection wiht the recapture, management, and
resale of the Property or part thereof (but less any income derived
by the City from the Property or part thereof in connection with such
management); all taxes, assessments, and water and sewer charges
with respect to the Property or part thereof (or, in the event the
Property is exempt from taxation or assessment or such charges during
the period of ownership thereof by the City, the amount, if paid,
equal to such taxes, assessments, or charges (as determined by the
City assessing official) as would have been payable if the Property
or part thereof at the time of revesting of title thereto in the City
or to discharge or prevent from attaching or being made any
subsequent encumbrance or liens due to obligations, defaults, or
acts of the Redeveloper, its successors or transferees; any
expenditures made or obligations incurred with respect to the making
or completion or removal of the Improvements or any part thereof on
the Property or part thereof; and any amounts otherwise owing the
City by the Redeveloper and its successor or transferee; and
(b) Second, to reimburse the Redeveloper, its successor or transferee,
up to the amount equal to (1) the sum of the purchase price paid by it
for the Property (or allocable to the part thereof) and the cash
actually invested by it in making any of the Improvements on the
Property or part thereof, unless (2) any gains or income withdrawn or
made by it from the Agreement or the Property.
Any balance remaining after such reimbursements shall be retained by the
City as its property.
SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY NO WAIVER BY DELAY.
The City shall have the right to institute such actions or proceedings as
it may deem desirable.for effectuating the purposes of this Article VII,
including also the right to execute and record or file among the public
land records in the office in which the Deed is recorded a written
declaration of the termination of all the right, title, and interest of
the Redeveloper, and (except for such individual parts or parcels upon
which construction of that part of the Improvements required to be
constructed thereon has been completed, in accordance with the Agreement,
and for which a certificate of completion as provided in Section 305
hereof is to ,be delivered, and subject to such mortgage liens and
leasehold interests as provided in Section 704 hereof) its successors in
interest and assigns, in�the Property, and the revesting of title thereto
in the City: Provided, that any delay by the City in instituting or
prosecuting any such actions or proceedings or otherwise asserting its
rights under this Article VII shall not operate as a waiver of such rights
or to deprive it of or.limit such rights in any way (it being the intent of
this provision that the City should not be constrained so as to avoid the
risk of being deprived of or limited in the exercise of the remedy
provided in this Section because of concepts of waiver, laches, estoppel,
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or otherwise to exercise such remedy at a time when it may still hope
otherwise to resolve the problems created by the default involved); nor
shall any waiver in fact made by the City with respect to any specific
default by the Redeveloper under this Section by considered or treated as
a waiver of the rights of the City with respect to any other defaults by
the Redeveloper under this Section or with respect of the particular
default except to the extent specifically waived in writing.
SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE
OF PROPERTY. Should at any time prior to the conveyance of title to any
Property under this Agreement, the City of Iowa City, Iowa be enjoined
from such conveyance or prevented from so doing by any order or decision
or act of any judicial, legislative or executive body having authority in
the premises, the City at its option may terminate this Agreement and any
obligations incurred by either party shall cease. In the event of such
termination, the City shall not be responsible for any damages, expenses
or costs incurred by the Redeveloper by reason of such termination. It is
further agreed and understood that the City shall have no liability for
failure to deliver title to such Property or any part thereof to the
Redeveloper after making a good faith attempt to do so.
SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF
PARTY. For the purposes of any of the provisions of the Agreement,
ne ti her the City nor the Redeveloper, as the case may be, nor any
successor in interest, shall be considered in breach of, or default in,
its obligations with respect to this Agreement in the event of enforced
delay in the performance of such obligations due to unforeseeable causes
beyond its control and without its fault or negligence, including, but not
restricted to, acts of God, acts of public enemy, acts of the other party,
fires, floods, epidemics, quarantine restrictions, strikes, litigation
and unusually severe weather or delays of subcontractors due to such
causes; it being the purpose and intent of this provision that in the
event of the occurrence of any such enforced delay, the time or times for
performance of the obligations of the City or of the Redeveloper under
this Agreement, as the case may be, shall be extended for the period of
the enforced delay a; determined by the City: Provided, that the party
seeking the benefit of the provisions of this Snstiohall, within ten
(10) days after the beginning of any such enforced delay, have first
notified the other party thereof in writing, and of the cause or causes
thereof, and requested an extension for the period of the enforced delay.
SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of
the parties to,the Agreement, whether provided by law or by the Agreement,
shall be cumulative, and the exercise by either party of any one or more
of such remedies shall not preclude the exercise by it, at the same or
different times, of any other such remedies for the same default or breach
of any of its remedies for any other default or breach by the other party.
No waiver made by either such party with respect to the performance, or
manner or time thereof, or any obligation of the other party or any
condition to its own obligation under the Agreement shall be considered a
waiver of any rights of the party making the waiver with respect to the
particular obligation of the other party or condition to its own
obligation beyond those expressly waived in writing and to the extent
thereof, or a waiver in any respect in regard to any other rights of the
party making the waiver or any other obligations of the other party.
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SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS.
The Redeveloper, for itself and its successors and assigns, and for all
other persons who are or who shall become, whether by express or implied
assumption or otherwise, liable upon or subject to any obligation or
burden under the Agreement, hereby waives, to the fullest extent permitted
by law and equity, any and all claims or defenses otherwise available on
the ground of its (or their) being or having become a person in the
position of a surety, whether real, personal, or otherwise or whether by
agreement or operation of law, including, without limitation on the
generality of the foregoing, any and all claims and defenses based upon
extension of time, indulgence, or modification of terms of contract.
ARTICLE VIII. MISCELLANEOUS
INDIVIDUALLY LIABLE. No member, official; or employee of the City shall
have any personal interest as defined in Chapter 403, Code of Iowa 1979,
direct or indirect, in the Agreement, nor shall nay such member, official,
or employee participate in any decision relating to the Agreement which
affects his personal interests or the interests of any corporation,
partnership, or association in which he is, directly or indirectly,
interested. No member, official, or employee of the City shall be
personally liable to the Redeveloper, or any successor in interest, in the
event of any default or breach by the City or for any amount which may
become due to the Redeveloper or successor or on any obligations under the
terms of the Agreement.
SECTION 802. EQUAL EMPLOYMENT OPPORTUNITY. The Redeveloper, for itself
and its successors and assigns, agrees that during the construction of the
Improvements provided for in the Agreement:
(a) The Redeveloper will not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
disability, sexual orientation, marital status, or national origin.
The Redeveloper will take affirmative action to insure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex,
disability, sexual orientation, marital status, sex,or national
origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training,
including apprenticeship. The Redeveloper agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the
provisions of this nondiscriminatory clause.
(b) The Redeveloper will, in all solicitations or advertisements for
employees placed by or on behalf of the Redeveloper, state that the
Redeveloper is an equal opportunity employer.
(c) The Redeveloper will send to each labor union or representative of
workers with which the Redeveloper has 'a collective bargaining
agreement or other contract or understanding, a notice, to be
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Redeveloper's commitments under Section 202 of Executive Order
provided, advising the labor union or workers' representative of the
11246
of September 24, 1965, and shall post copies of the notices in
conspicuous places available to employees and applicants for
employment.
(d) The Redeveloper will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(e) The Redeveloper will furnish all information and reports, required by
Executive Order. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor or the Secretary of
Housing and Urban Development pursuant thereto, and will permit
access to the Redeveloper's books, records, and accounts by the City,
the Secretary of Labor for purposes in investigation to ascertain
compliance with such rules, regulations, and orders.
(f) In the event of the Redeveloper's noncompliance with the non-
discrmination clauses of this Section, or with any of the said rules,
regulations, or orders, the Agreement may be canceled, terminated,
or suspended in whole or in part and the Redeveloper may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The Redeveloper will include the provisions of Paragraphs (a)
through (g) of this Section in every contract or purchase order, and
will require the inclusion of these provisions in every subcontract
entered into by any of its contractors, unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon' each such contractor;
subcontractor, or vendor, as the case may be. The Redeveloper will
take such action with respect to any construction contract,
subcontract, or purchase order as the City or the Department of
Housing and Urban Development may direct as a means of enforcing such
including
however, that in theevent the Redeveloper becomes involved in, �oreis
threatened' with, litigation with a subcontractor or vendor as a
result of such direction by the City or the Department of Housing and
Urban Development, the Redeveloper may request the United States to
enter into such litigation to protect the interests of the United
States.
SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of
the Agreement are intended to or shall be merged by reason of any deed
transferring title to the Property from the City to the Redeveloper or any
successor in interest, and any such deed shall not be deemed to affect or
impair the provisions and covenants of the Agreement.
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SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any title of the several
Parts, Articles, and Sections
convenience of reference onlyof the Agreement are
interpreting an of its and shall be disregarded in construing or
y provisions.
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SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any title of the several
Parts, Articles, and Sections
convenience of reference onlyof the Agreement are
interpreting an of its and shall be disregarded in construing or
y provisions.
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RESOLUTION NO. 80-488
RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR
REDEVELOPMENT ON URBAN RENEWAL PARCEL NO. 64-1
WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers
to Purchase and Redevelop Urban Renewal Parcel No. 64-1; and
WHEREAS, the City Council has reserved the right to approve preliminary design
plans of all redevelopment to occur on Urban Renewal Parcel No. 64-1; and
WHEREAS, Plaza Towers Associates have submitted preliminary design plans for the
redevelopment of Parcel No. 64-1 in the Iowa City Urban Renewal Project; and
WHEREAS, said preliminary design plans have been reviewed by the City staff and
the Design Review Committee; and
WHEREAS, recommendations from the staff and the Design Review Committee have
been received by the City Council,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the
preliminary design plans submitted by Plaza Towers Associates for the
redevelopment of Parcel No. 64-1 are hereby approved, subject to the conditions
and reservations 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 may be issued
for this development upon full compliance with all applicable codes and
ordinances.
It was moved by Neuhauser 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 4th day of Novemberr 1980.
� PAYOR
ATTEST: I/�r i
CITY CLERK
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Received & Approved
By The Legal Department
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F.
ATTACHMENT A TO RESOLUTION NO. 80-488
The approval of the preliminary design plans for the redevelopment of Parcel No.
64-1 submitted by Plaza Towers Associates, as set forth in Resolution No.
80-488 , dated Novemreber 4 1980, is hereby made subject to the
following conditions or servations:
The recommendation of the Design Review Committee, dated
September 17, 1980, is attached hereto and incorporated by reference,
and approval of the preliminary design plans is subject to the
conditions and stipulations stated in said recommendation.
Further, the staff memorandum, dated October 16, 1980, is attached
hereto and incorporated by reference, and approval of the preliminary
design plans is subject to the conditions and requirements stated in
said memorandum.
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MINUTES
DESIGN REVIEW COMMITTEE
SEPTEMBER 17, 1980
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Alexander, Seiberling, Summerwill, Sinek, LaFore,
Lilly, Wegman, Haupert.
MEMBERS ABSENT: Wockenfuss.
GUESTS: Jack Klaus, Nancy Halak, Wilfreda Hieronymus, David
Perret, Sandy Eskin.
STAFF: Chiat, Hauer, Tyler.
SUMMARY OF DISCUSSION OF PLAZA TOWERS ASSOCIATES' PRELIMINARY DESIGN PLANS
Nancy Halak, architect from Harry Weese and Associates of Chicago,
presented the preliminary design plans for the Plaza Towers Associates
hotel/department store project. She stated that the plans grew out of
four major goals which the firm had posited:
1) To provide an anchor for the downtown to counter balance Old Capitol
Center.
2) To relate to the adjacent pedestrian mall.
3) To encourage pedestrian circulation within the Plaza Towers
development.
4) To avoid traffic congestion.
The design for the structure grew out of these major goals. In order to
provide an anchor, the mass of the structure where Armstrong's will be
located will be at the north and east portion of the site, with its main
frontage running along College Street. The hotel will be located in a
triangular section in the southwest section, with the apex of the triangle
located at the corner of College and Dubuque. This positioning of the
hotel provides a softening of the massive impact of a thirteen story
building on the pedestrian mall. Massing will also be reduced by the
exterior materials of brick and silver reflecting glass. In order to
avoid congestion, a through street will run between the site and the new
parking ramp. This will allow guests to be dropped at the hotel without
interfering with traffic. The street will be landscaped with trees to
make it more attractive. It will also provide an access from Linn Street
to the arcade. A loading dock will be accessible from the street but will
be below grade in order to reduce the visibility of loading and receiving
activities.
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MINUTES
DESIGN REVIEW COMMITTEE
SEPTEMBER 17, 1980
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Alexander, Seiberling, Summerwill, Sinek, LaFore,
Lilly, Wegman, Haupert.
MEMBERS ABSENT: Wockenfuss.
GUESTS: Jack Klaus, Nancy Halak, Wilfreda Hieronymus, David
Perret, Sandy Eskin.
STAFF: Chiat, Hauer, Tyler.
SUMMARY OF DISCUSSION OF PLAZA TOWERS ASSOCIATES' PRELIMINARY DESIGN PLANS
Nancy Halak, architect from Harry Weese and Associates of Chicago,
presented the preliminary design plans for the Plaza Towers Associates
hotel/department store project. She stated that the plans grew out of
four major goals which the firm had posited:
1) To provide an anchor for the downtown to counter balance Old Capitol
Center.
2) To relate to the adjacent pedestrian mall.
3) To encourage pedestrian circulation within the Plaza Towers
development.
4) To avoid traffic congestion.
The design for the structure grew out of these major goals. In order to
provide an anchor, the mass of the structure where Armstrong's will be
located will be at the north and east portion of the site, with its main
frontage running along College Street. The hotel will be located in a
triangular section in the southwest section, with the apex of the triangle
located at the corner of College and Dubuque. This positioning of the
hotel provides a softening of the massive impact of a thirteen story
building on the pedestrian mall. Massing will also be reduced by the
exterior materials of brick and silver reflecting glass. In order to
avoid congestion, a through street will run between the site and the new
parking ramp. This will allow guests to be dropped at the hotel without
interfering with traffic. The street will be landscaped with trees to
make it more attractive. It will also provide an access from Linn Street
to the arcade. A loading dock will be accessible from the street but will
be below grade in order to reduce the visibility of loading and receiving
activities.
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MINUTES
DESIGN REVIEW COMMITTEE
SEPTEMBER 17, 1980
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Alexander, Seiberling, Summerwill, Sinek, LaFore,
Lilly, Wegman, Haupert.
MEMBERS ABSENT: Wockenfuss.
GUESTS: Jack Klaus, Nancy Halak, Wilfreda Hieronymus, David
Perret, Sandy Eskin.
STAFF: Chiat, Hauer, Tyler.
SUMMARY OF DISCUSSION OF PLAZA TOWERS ASSOCIATES' PRELIMINARY DESIGN PLANS
Nancy Halak, architect from Harry Weese and Associates of Chicago,
presented the preliminary design plans for the Plaza Towers Associates
hotel/department store project. She stated that the plans grew out of
four major goals which the firm had posited:
1) To provide an anchor for the downtown to counter balance Old Capitol
Center.
2) To relate to the adjacent pedestrian mall.
3) To encourage pedestrian circulation within the Plaza Towers
development.
4) To avoid traffic congestion.
The design for the structure grew out of these major goals. In order to
provide an anchor, the mass of the structure where Armstrong's will be
located will be at the north and east portion of the site, with its main
frontage running along College Street. The hotel will be located in a
triangular section in the southwest section, with the apex of the triangle
located at the corner of College and Dubuque. This positioning of the
hotel provides a softening of the massive impact of a thirteen story
building on the pedestrian mall. Massing will also be reduced by the
exterior materials of brick and silver reflecting glass. In order to
avoid congestion, a through street will run between the site and the new
parking ramp. This will allow guests to be dropped at the hotel without
interfering with traffic. The street will be landscaped with trees to
make it more attractive. It will also provide an access from Linn Street
to the arcade. A loading dock will be accessible from the street but will
be below grade in order to reduce the visibility of loading and receiving
activities.
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The lowest levels will be a basement and sub -basement. The basement will
contain the hotel's main kitchen and a 400 person convention hall with
modular walls. A glass elevator wi11 take people from the basement to Che
next two levels. The main level will house a galleria and retail area and
the hotel lobby (which will be away from the main retail area). This will
be Armstrong's main floor. The second level will contain retail shops,
Armstrong's second floor, and a glass enclosed access to the ramp. The
third level through the thirteenth level will be hotel rooms. The
fourteenth floor will house a restaurant with a "sweeping view of the
city."
In response to questions, Halek explained that the galleria would be
enclosed by a glass skylight, the materials for which would be determined
by energy efficiency and lighting quality. She stated that the exterior
glass would be held in place by aluminum. An airdoor will provide the
main entrance from City Plaza into the galleria at the northwest corner of
the site. The galleria will provide the open area into Armstrong's. No
door into Armstrong's from College Street is planned at this time.
Armstrong's will have metal gates to pull down at night so that the
galleria will remain open all night.
Members raised several questions about the exterior. The tower will be of
reflecting glass. The rest of the exterior will be brick. Hieronymus
assured the Committee that the white glazed brick which Armstrong's
favored originally had been ruled out. An arcade will run along College
Street and Dubuque Street to provide protection for pedestrians. The
columns on College Street will be brick clad. The walkways around
Armstrong's will be City sidewalks but wherever walkways from the mall
into the building occur, the walkways will match the existing City
sidewalks.
Members asked for specific information about the glass exterior
materials. Halak said that the actual materials had not been chosen but
that she envisioned spandral glass backed with insulation and drywall,
which would be very energy efficient. She estimated that the size of the
glass panes would be from three to five feet in height. Perret asked
specifically about the type of aluminum to be used and requested color
Photographs of similar buildings.
Some members expressed concern over how the building related to the rest
of the downtown. They asked what the exterior wall along Linn Street
would look like. They were informed that whether or not windows were
placed in the wall would depend on the use of the space. Concern was
expressed over Discussion arose abouththe Possibility lof providing anh
hentrance tructure wil relate to te new e �atathe
corner of College Street and Linn Street. Halak said that was possible
and that Armstrong's was not opposed to it. However, because of the drop
in elevation, steps would have to be placed in the entrance.
Members questioned why the pool was located several levels away from the
other recreation facilities. Halak explained that the demands for retail
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Design Review Committee
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Page 3
space and the expense of hanging the pool forced it into the sub -basement.
She stated that the decision to open the pool to community use would be up
to the hotel management. The pool will be 25 feet by 40 feet with an
undetermined depth, possibly only five feet.
The elevators will all be inside. The three levels of the atrium will be
connected by a glass enclosed elevator. The elevator housing has to be on
the top of the tower. The hotel will have internal mechanical equipment
but cost studies are still being done to determine whether or not
Armstrong's will have internal or rooftop equipment housing. Halak
assured the Committee that if the equipment is rooftop, everything
possible will be done to mask it.
Hieronymus stated that First Hospitality will be the hotel management
consultants but that the hotel will be locally owned and operated. The
consultants had seen the preliminary design plans and given general
approval. Perret expressed concern over the lack of access to Dubuque
from the Hotel. Halak stated that most people will come by car and that
the galleria will provide access.
The developers assured the Committee that very few changes in the design
are anticipated as Armstrong's has already signed a lease and much of the
work has been costed already.
However, the Committee expressed concern over a lack of specific informa-
tion. In response to the Committee's query about the elevation of the
tower in comparison to the Old Capitol, they were told the developers did
not have the information but would provide it in the future. Some members
expressed concern over the height of the building.
The Committee was most concerned that the design would change appreciably
and that the Committee would not be notified of the changes. They also
expressed grave concern over the actual materials that would be used in
the exterior.
Several members expressed approval of the openness of the building and the
proposed reflecting glass exterior.
Chiat stated that two members of the Committee, Tom Wegman and Nancy
Seiberling, had a possible conflict of interest on this particular vote.
He said that Plaza Towers Associates had, in compliance with City require-
ments, made a full disclosure of all individuals with direct or indirect
interests in the developer. Seiberling and Wegman were on that list.
Both members disclaimed any conflict of interest. Chiat added that the
Legal Department had determined that the Iowa Urban Renewal Statute does
not prohibit members from voting if their interest is less than 5% and
where the Committee is only advisory in nature. Based,on this judgment,
the Legal Department advised that both Wegman and Seiberling were eligible
to vote. Haupert encouraged them to consider the possible problems that
might arise from them participating in the vote. Seiberling stated
emphatically that, before her appointment to this Committee, this issue
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Design Review Committee
September 17, 1980
Page 4
had been thoroughly aired and at that time she had disavowed any conflict
of interest.
RECOMMENDATION TO CITY COUNCIL
Summerwill moved that the Committee recommend approval of the preliminary
design plan concepts, contingent upon further review and approval by the
Commitee and City Council of all architectural sepcifics or any changes in
the design plans.
Sinek seconded.
The motion carried with Alexander and LaFore voting nay and Haupert
abstaining.
OTHER BUSINESS
Minutes of July 9, 1980 were approved as circulated.
The Adaptive Use and Preservation Symposium scheduled for October 30 and
31, 1980, was discussed. Sandy Eskin, symposium coordinator, presented an
overview of the symposium and a possible special meeting for the Downtown
Association which the Design Review Committee could sponsor. She said
that Michael Nichols from Shlaes and Company, who was the real estate
advisor for the National Trust for Historic Preservation and had been the
market finance analyst for the three Main Street projects, would be
available to speak to the Downtown Association.
Members agreed that this was a good opportunity to act on many of the
ideas that the Committee felt were important. The meeting was set for
5:00 p.m, Thursday, October 30, at Old Brick. Wine and cheese will be
served. Members agreed to invite the Chamber of Commerce members as well
as the Downtown Association. A subcommittee will meet Wednesday,
September 24, 1980 at 1:00 p.m. to discuss how to contact building owners
and merchants.
Meeting adjourned.
Prepared by:
Andrea Tyler
Minute Taker
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City of 10%" CP1
MEMORANDUM
Date: October 16, 1980
To: City Council and City Manager
From: Larry Chiat, Development Coordinator y
Andrea Hauer, Planner/Program Analyst1�
Re: Preliminary Design Plans Submitted by Plaza Towers Associates
I.
This memorandum presents the staff response to the preliminary design
plans submitted by Plaza Towers Associates on August 29, 1980.
Initially, the staff will make two recommendations to the City Council.
First, that the general approval of the preliminary design plans by the
Council be made subject to the stipulations and conditions contained in
the recommendation of the Design Review Committee, dated September 17,
1980. Second, that further information from the developer be required
in order to assure compliance with the following specification mandated
by the Prospectus:
Provide a central HVAC system or an acceptable alternative
system approved by the City.
The plans submitted for the HVAC system need to be detailed further. It
appears that there could be up to six separate systems to service the
hotel and department store. It should be noted that staff has not found
that the developer has failed to comply with this required
specification. Rather, further information from the developer should
be required to assure compliance with the above items.
1I. ISSUES RELATING TO THE PRELIMINARY DESIGN PLANS
As might be expected, staff has found the plans to be in the preliminary
stages, and some information on the development is still unknown or
uncertain. Upon review of these plans, staff feels that the following
issues are of concern and it is recommended that the Council require
that the developer further address these issues prior to final Council
approval of the preliminary design plans:
A. There is a problem with respect to the Linn Street entrance/exit in
that it presents a conflict between the safe passage of pedestrians
traveling north -south on the Linn Street sidewalk and the east -
west vehicular traffic emerging from the service and receiving
areas of the hotel/department store. This entrance/exit should be
very clearly marked and signed for both the safety of the
pedestrians and the vehicles. A similar problem will also exist at
the Dubuque Street entrance/exit.
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City of 10%" CP1
MEMORANDUM
Date: October 16, 1980
To: City Council and City Manager
From: Larry Chiat, Development Coordinator y
Andrea Hauer, Planner/Program Analyst1�
Re: Preliminary Design Plans Submitted by Plaza Towers Associates
I.
This memorandum presents the staff response to the preliminary design
plans submitted by Plaza Towers Associates on August 29, 1980.
Initially, the staff will make two recommendations to the City Council.
First, that the general approval of the preliminary design plans by the
Council be made subject to the stipulations and conditions contained in
the recommendation of the Design Review Committee, dated September 17,
1980. Second, that further information from the developer be required
in order to assure compliance with the following specification mandated
by the Prospectus:
Provide a central HVAC system or an acceptable alternative
system approved by the City.
The plans submitted for the HVAC system need to be detailed further. It
appears that there could be up to six separate systems to service the
hotel and department store. It should be noted that staff has not found
that the developer has failed to comply with this required
specification. Rather, further information from the developer should
be required to assure compliance with the above items.
1I. ISSUES RELATING TO THE PRELIMINARY DESIGN PLANS
As might be expected, staff has found the plans to be in the preliminary
stages, and some information on the development is still unknown or
uncertain. Upon review of these plans, staff feels that the following
issues are of concern and it is recommended that the Council require
that the developer further address these issues prior to final Council
approval of the preliminary design plans:
A. There is a problem with respect to the Linn Street entrance/exit in
that it presents a conflict between the safe passage of pedestrians
traveling north -south on the Linn Street sidewalk and the east -
west vehicular traffic emerging from the service and receiving
areas of the hotel/department store. This entrance/exit should be
very clearly marked and signed for both the safety of the
pedestrians and the vehicles. A similar problem will also exist at
the Dubuque Street entrance/exit.
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B. There is some concern as to how the "Boardwalk" will function
safely and effectively, especially as a two-way street. Again,
signage, street striping, and traffic barriers are needed to
protect the safety of the pedestrian traffic passing at the Dubuque
Street and Linn Street intersections with the Boardwalk. In
addition, it is not clear as to whether a sidewalk, which would
Permit pedestrians to walk in a east -west direction, will parallel
the Boardwalk.
C. The size of the hotel/department store service and receiving areas
may be inadequate. The extent of this problem cannot be identified
at this time because the exact number and types of retail tenants
are not known. Staff is concerned that the frequency of use of the
receiving area together with the number of service vehicles could
result in congestion that could overflow onto Dubuque and/or Linn
Street.
Staff feels that the underground ramping of the service and
receiving areas is an effective design approach that alleviates
many of the problems and conflicts that could occur between the
service and the hotel vehicular traffic. It is felt that with
adequate signage, street striping, and traffic barriers that most
of the safety issues can be solved.
D. It is not clear as to whether the hotel drive-through lane will be
functional in terms of use by buses.
E. Staff is concerned about the the lack of entrances for the
department store on its College Street side, especially with the
new library opening directly across the street. Staff recommends
that an additional store entrance be placed on the corner of Linn
and College Streets, and possibly place another entrance on
College Street at a midpoint between Governor Lucas Square and Linn
Street. The architect has indicated that Armstrong's would
consider constructing additional entrances.
F. The architect indicated that the facade on the Linn Street side
would consist of display windows and smaller cut-out type windows
for the basement level. However, this design is still in the
preliminary stages. Staff recommends that the developer explore
placing an entrance on this side.
III. ADDITIONAL CONCERNS RELATING TO THE PRELIMINARY DESIGN PLANS
The staff has the following additional concerns relating to the
preliminary design plans:
A. The exact scale being used on these plans should be clearly
identified.
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Because the galleria leading from the parking ramp to the hotel
entrance will be closed at nights after 9 or 10 P.m., the question
arises as to where the after-hours entrance to the hotel will be.
It would seem desirable to have an additional hotel entrance on the
Dubuque Street/City Plaza side to remedy prob.
More information concerning the size, noise level, and the
exterior screening of the mechanical
lnd fountament should the he required
by t near Governor Lucas in approval of the preliminary design
plans.
the Council prior to final app
plans. For instance, the hotel kitchen is located directly below
Governor Lucas Square and it would not seem desirable to have this
the Cithoulbe noted
kitchen vent its exhaust onto sing andyhousing willPlaza. itsprotrude above
that the hotel elevator equipment
the 14th floor.
The Prospectus states that the
ooh,al;happropriate".
club ra facilities
houlldbe
d be
placed adjoining the swimming P pp o p
noted that the Plaza Towers Association design shows the swimming
pool in the basement and the healthclub f acilitiehealtclubon he second
floor. This could present a problem
er who
would also wish to use the pool.
ew of
It should bedesihsithat
has been code
attempted compliance
Various changesein
preliminary 9nplans
the plans can be anticipated in order to assure compliance with the
building code. At this point potential code problems that are
apparent include the lack of secondary egress from the ballroom in
the basement, and that the
be located too closetairways from to each the 3rd to 13th floors
h they
If plant materials are going to be used for this development, they
should be identified and are subject to City review and approval.
The color of the exterior facade, the materials and pattern of the
materials for the facade have not yet been identified and are
subject to City review and approval.
The lighting and signage for the project are subject to City review
and approval.
With respect to the requirements stated in, the Prospectus on the
size of this development, the following should be noted:
1. The department store consists of 9,688 square feet in the
basement, 29,281 square feet on the first floor, and 36,030
square feet on the second floor, for a total of 74,999 square
feet. This is within the 75,000 square feet maximum
established by the Prospectus.
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2. The small shop retail space consists of 3,462 square feet on
the first floor of the hotel, 5,783 square feet on the second
floor of the hotel, and 5,755 square feet in the basement of
the department store portion of the development. This is a
total of 15,000 square feet of small shop retail, which is the
maximum established by the Prospectus.
3. The developer indicates that there will be a total of 15,450
square feet in the basement of the department store portion
for "office, service and storage." The plans submitted by
Plaza Towers Associates in April, 1980, indicated a total of
9,584 square feet in the basement of the department store
portion for "storage". The developer indicates that this
change has resulted from recently completed soil boring
tests, which apparently dictate that a full excavation is
necessary for the foundation.
tp/sp
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2. The small shop retail space consists of 3,462 square feet on
the first floor of the hotel, 5,783 square feet on the second
floor of the hotel, and 5,755 square feet in the basement of
the department store portion of the development. This is a
total of 15,000 square feet of small shop retail, which is the
maximum established by the Prospectus.
3. The developer indicates that there will be a total of 15,450
square feet in the basement of the department store portion
for "office, service and storage." The plans submitted by
Plaza Towers Associates in April, 1980, indicated a total of
9,584 square feet in the basement of the department store
portion for "storage". The developer indicates that this
change has resulted from recently completed soil boring
tests, which apparently dictate that a full excavation is
necessary for the foundation.
tp/sp
cc: Don Schmeiser
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