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HomeMy WebLinkAbout1980-09-23 Resolution^RESOLUTION NO. 80-414 (_�,' RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: T.I. Investments, Inc. dba Godfather's Pizza, 531 Hwy. 1 West Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by L nch e re�a that the Resolution abe adopted, and upon rc=a there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September , 19 80 �� Lel • �� Attest: L� City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES } 1776 R 1 j i i_ ( I . RESOLUTION NO. 80-415 i RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: T. I. Investments, Inc. dba Godfather's Pizza, 531 Hwy. 1 West Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Lynch that the Resolution as read be a opted, and upon ro cll ali there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of 19 80 September , . yor Attest: (/ City Clerk MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 1%%e RESOLUTION NO. 80-416 i t 1 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLINTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Ask Co. dba Felix 6 Oscar's, 5 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Rob and seconded by Lynch that the Resolution as raa a adopted, and upon—RII ce there were: AYES: NAYS: ABSENT: Balmer x —` Lynch x Erdahl x Neuhauser x Perret x Roberts x yevera x i a RESOLUTION NO. 80-416 i t 1 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLINTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Ask Co. dba Felix 6 Oscar's, 5 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Rob and seconded by Lynch that the Resolution as raa a adopted, and upon—RII ce there were: Passed and approved this z ra day of Raosembrr 19 _8d.• r , Attest: City Clerk MICROFILMED BY r JORM MICR¢LAB j; CEDAR RAPIDS • DES MOINES AYES: NAYS: ABSENT: Balmer x —` Lynch x Erdahl x Neuhauser x Perret x Roberts x yevera x i Passed and approved this z ra day of Raosembrr 19 _8d.• r , Attest: City Clerk MICROFILMED BY r JORM MICR¢LAB j; CEDAR RAPIDS • DES MOINES rr / Y \ V rr Y \ RESOLUTION NO. 80-417 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ask Co. dba Felix & Oscar's, 5 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Lynch— that nchthat the Resolution as read be adopted, and upon rol aTl there were: Balmer AYES: NAYS: ABSENT: x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September , 19 80 O7�4 r Mayorr Attest:a.[,. City Clerk 77/ I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1� RESOLUTION N0: 80-418 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: Ogden Food Service Corp. dba Univ. of Iowa Football Stadium Micky's, Inc, dba Micky's, 11 S. Dubuque it was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there RESOLUTION N0: 80-418 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: Ogden Food Service Corp. dba Univ. of Iowa Football Stadium Micky's, Inc, dba Micky's, 11 S. Dubuque MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS •DES MOINES 77oZ '-i 0 it was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there a were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x ` Vevera x Passed and approved this 23rd day of September , 19 80 a— ayor o MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS •DES MOINES 77oZ '-i 0 L 1 1 j RESOLUTION NO. 80-419 RESOLUTION ACCEPTING THE WORK FOR THE FY81 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY81 Asphalt Resurfacing Project E as included in a contract between the City of Iowa City and L. L. Pelling Co. Inc. Of Iowa City, Iowa dated July 16, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does � comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Lynch that the resolution as rea e a opt , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x I Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September , 19 80 yor ATTEST: City Clerk RECEri Z g M'P2i3m) by "'!' 1"Y -AL I'SPLr4z MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i :,t f'•, I CITY OF CIVIC CENTER 410 E. WASHINGTON ST. r) IOWA CITY IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. FY81 Asphalt Resurfacing Project as constructed by L.L. Pelling Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted,"^�K��-�- �l/N��rvvi Charles J. Sc hmadeke, P.E. City Engineer bj3/1 — /77.T 9 RESOLUTION M. 80-420 RESOLUTION ACCEPTING THE RORK FOR THE NEIGHBORI-IOOD SITE INPROMENTS - CURB RAMP AND SIDEWALK REPAIR PRL)UWI (HIG;ILAND NEIGHBORHOOD) WHEREAS, the Engineering Department has recommended that the im- provement covering the Neighborhood Site Improvements Curb Ramp and Sidewalk Repair Program (Highland Nei hborhood) as included in a contract between the City of Iowa City and Wolf Construction Inc, of Iola City, Iowa dated June 19, 1980 , be accepted, AND WHEREAS, the Council finds the improvenent is in place and does Comply with the requirements for such improvements, AND WMEAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa CityIowa ,, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Lyneh that the resolution as rea e a opts , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September19 80 \/Mayor ATTEST:4CityClerk2L REC£IZZ & Al'Pli�VFJ) P MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES WINES r 774,. _. { f� i f� f 1 . J` I f� 1 CITY OF CIVIC CENTER 410 E. WASHINGTON ST r OWA CITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Neighborhood Site Improvements -Curb Ramp and Sidewalk Repair Program as constructed by Wolf Construction, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. City Engineer bj3/1 b j om,,r�, /7-76 ... ...... . . MICROFILMED BY JORM MICR+LAB "S CEDAR RAPIDS • DES MOINES V RESOLUTION NO. 80-421 RESOLUTION ACCEPTING SANITARY SEWER IN BARKER'S FIRST ADDITION WHEREAS, the Engineering Department has certified that the following hiprovenents have been oopleted in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Barker's First Addition, Iowa City, Iowa, as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. AND Wf3FTiEAS, Maintenance Bolds for Knowling Bros. Contract. Co. are Cn file in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said irtgromnents be accepted by the City of Iowa City. It was nnVed by Roberts and seconded by L nch that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: 1 x Erdahl x RESOLUTION NO. 80-421 RESOLUTION ACCEPTING SANITARY SEWER IN BARKER'S FIRST ADDITION WHEREAS, the Engineering Department has certified that the following hiprovenents have been oopleted in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Barker's First Addition, Iowa City, Iowa, as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. AND Wf3FTiEAS, Maintenance Bolds for Knowling Bros. Contract. Co. are Cn file in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said irtgromnents be accepted by the City of Iowa City. It was nnVed by Roberts and seconded by L nch that the Resolution as read be accepted, and upon roll call there were: City Clerk /%%% MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES . .v AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September , 19 80 . ATTEST: / �M1 C Mayor RECEIVID 6 APPROVED BY TjJE LEGAL DEP City Clerk /%%% MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES . .v it CITY CIVIC CENTER ' 1 OF 410 E. WASHINGTON ST 'nOWA CITY IOWA CITY IOWA 52240 (319) 354.18OD ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer for Barker's First Addition as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respe�y submitted��tF Charles J. Sc madeke, P.E. City Engineer bj3/1 I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I t RESOLUTION NO. 80-422 RESOLUTION ACCEPTING THE WORK FOR THE LONER CITY PARK BIKE TRAIL - FY81 WHEREAS, the Engineering Department has recalmlended that the im- provement covering the Lower City Park Bike Trail - FY81 as included in a contract between the City of Iowa City and L. L. Pelling Co., Inc. of Iowa City, Iowa dated July 29, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Lyn rh that the resolution as read be a opt , and upon roll call tlere were: Vevera x Passed and approved this 23rd day of September , 19 80 ,_/mayor ATTEST:tt ZclJ City Clerk RECEIVED & APPROVED BY CAL D AR 1T /77f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES C AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of September , 19 80 ,_/mayor ATTEST:tt ZclJ City Clerk RECEIVED & APPROVED BY CAL D AR 1T /77f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES C j, ' I CITY OF CIVIC CENTER 410 E. WASHINGTON ST. i i ' I CITY OF CIVIC CENTER 410 E. WASHINGTON ST. i it � 1 'r ' I CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (319) 354.18(30 ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: i it � IOWA CITY IOWA CITY IOWA 52240 (319) 354.18(30 ENGINEER'S REPORT September 17, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Lower City Park Bike Trail - FY81 as constructed by L.L. Pelling Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted "t by the City of Iowa City. 4 I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Lower City Park Bike Trail - FY81 as constructed by L.L. Pelling Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted "t by the City of Iowa City. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I RESOLUTION NO. 80-423 RESOLUTION APPROVING LARGE SCALE NON-RESIDENTIAL j DEVELOPMENT PLAN I! THOMAS & BETTS/ANSLEY WHEREAS, the owner and proprietor, Thomas & Betts/Ansley has filed with the City Clerk of Iowa City, Iowa, a preliminary/final Large Scale Non -Residential Development plan for an addition to their existing plant in the City of Iowa City, Iowa, covering the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the concrete monument at the northwest corner of the southwest quarter of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence South 00 16' west 907.0 feet to the centerline of the Chicago, Rock Island and Pacific Railroad Track, thence South 21° 56' east 54.2 feet to the right of way line of said railroad and the place of beginning; from said point of beginning thence southwesterly 351.0 feet along a 6660 foot radius curve concave southeasterly to an iron pin, thence south 210 56' east 623.2 feet to the northerly line of the public highway, thence north 560 59' east along the northerly line of said public highway 320.9 feet, thence north 210 56' west 716.4 feet to the place of beginning; Also all rights in and to the Easement dated May 21, 1958, and recorded in Book 229, Page 41 in the office of the County Recorder of Johnson County, Iowa. Per Quit Claim deed filed in Book 399, Page 334 and Warranty Deed filed in Book 400, Pages 317 and 318. and, Commencing at the Northeast corner of the SE 1/4 of Section 21 T. 79 N. R. 6 W. of the 5th P.M., thence South 1218.57 feet; thence West 218.24 to a 1/2 inch iron pipe found and on the easterly right of way line of the Chicago, Rock Island and Pacific Railroad and the point of beginning; thence S. 21° 56' 00" E. 623.20 feet to a 1/2 inch iron pipe found; thence S. 210 56'00" E. 33.65 feet to the centerline of old Pleasant Harris Road; thence S. 56° 47'30" W. 462.61 feet along said centerline; thence N. 10 58'00" E. 40.37 feet to a 1/2 inch iron pipe found; thence N. 10 58 00 E. 662.89 feet to a 1/2 inch iron pipe found and Easterly right of way line of said railroad; thence Northeasterly 198.48 feet along a 2814.93 foot radius curve concave southeasterly to the point of beginning. Said tract containing 4,32 acres, more or less, subject to easement of record. Per warranty deed file in Book 400, Page 316. and WHEREAS, said property is owned by the above-named corporation and the dedications as required by applicable city ordinances have been made with the free consent and in accordance with the desires fi of said proprietor; and MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i J S WHEREAS, said preliminary/final Large Scale Non -Residential Development plan has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plan be accepted and approved; and WHEREAS, said preliminary/final Large Scale Non -Residential Development plan is found to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said preliminary/final Large Scale Non -Residential Development plan is hereby approved by the City Council of Iowa City, Iowa and subject to the submission and approval of the legal papers. 2. That the Building Inspector is authorized to issue a building permit only for construction of footings/foundations and walls until the above contingency is resolved. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the preliminary/final Large Scale Non -Residential Development plan to the Office of the County Recorder of Johnson County, Iowa. It was moved by Vevera and seconded by Roberta 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 23rdday of _September 1980. WAYOR ATTEST: CITY CLERK�J MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES / 70. DEDICATION ^ The undersigned, Thomas and Betts Corporation is the owner of the following described parcel in Iowa City, Iowa: Commencing at the concrete monument at the northwest corner of the southwest quarter of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence South 0 degrees 16 minutes west 907.0 feet to the centerline of the Chicago, Rock Island and Pacific Railroad TracK, the;ue South 21 degrees 56 minutes east 54.2 feet to the right of way line of said railroad and the place of beginning; from said point of beginning thence southwesterly 351.0 feet along a 6660 foot radius curve concave southeasterly to an iron pin, thence south 21 degrees 56 minutes east 623.2 feet to the northerly line of the public highway, thence north 56 degrees 59 minutes east along the northerly line of said public highway 320.9 feet, thence north 21 degrees 56 minutes west 716.4 feet to the place of beginning; Also all rights in and to the Easement dated May 21, 1958, and recorded in Book 229, Page 41 in the office of the County Recorder of Johnson County, Iowa. Per Quit Claim deed filed in Book 399, Page 334 and Warranty Deed filed in Book 400, Pages 317 and 318• and, Commencing at the Northeast corner of the SE 1/4 of Section 21 T. 79 N. R. 6 W. of the 5th P.M., thence South 1218.57 feet; thence West 218.24 to a 1/2 inch iron pipe found and on the easterly right of way line 6f the Chicago, Rock Island and Pacific Railroad and the point of beginning; thence S. 21 deg. 56 min. 00 sec. E. 623.20 feet to a 1/2 inch iron pipe found; thence S. 21 deg. 56 min. 00 sec. E. 33.65 Feet to the centerline of old Pleasant Harris Road; thence S. 56 deg. 47 min. 30 sec. W. 462.61 feet along said centerline; thence N. 1 deg. 58 min. 00 sec. E. 40.37 feet to a 1/2 inch iron pipe found; thence N. 1 deg. 58 min. 00 sec. E. 662.89 feet to a 1/2 inch iron pipe found and Easterly right of way line of said railroad; thence Northeasterly 198.48 feet along a 2814.93 foot radius curve concave southeasterly to the point of beginning. Said tract containing 4.32 acres, more or less, subject to easement of record. Per warranty deed file in Book 400, Page 316. Whereas Thomas and Betts Corporation does hereby set apart and dedicate to the City of Iowa City the public use forever the following described parcel: Commencing at the Northeast corner of the Southeast quarter of Section 21, Township 79 North, Range 6 West of the 5th P.M.; thence South 1,218.57 feet; thence West 218.24 feet to a 1/2 inch iron pipe found on the Easterly right- of-way line of the Chicago, Rock Island and Pacific Railroad; thence South 21° 56' 00" East 623.20 feet to a 1/2 inch iron pipe found and point of beginning; thence South 21° 56' 00" East 33.65 feet to the centerline of South Riverside Drive (old Pleasant Harris Road); thence South 560 47' 30" West 462.61 feet along said centerline; thence North 1° 58' 00" East 40.37 feet to a 1/2 inch iron pipe found; thence North 56° 117' 30" East 445.93 feet to point of beginning. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Roc.,l,•n;t G Tn} U 'fne ir:;:;l flxip n':m r 17S/ i 8 j: DEDICATION ^ The undersigned, Thomas and Betts Corporation is the owner of the following described parcel in Iowa City, Iowa: Commencing at the concrete monument at the northwest corner of the southwest quarter of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence South 0 degrees 16 minutes west 907.0 feet to the centerline of the Chicago, Rock Island and Pacific Railroad TracK, the;ue South 21 degrees 56 minutes east 54.2 feet to the right of way line of said railroad and the place of beginning; from said point of beginning thence southwesterly 351.0 feet along a 6660 foot radius curve concave southeasterly to an iron pin, thence south 21 degrees 56 minutes east 623.2 feet to the northerly line of the public highway, thence north 56 degrees 59 minutes east along the northerly line of said public highway 320.9 feet, thence north 21 degrees 56 minutes west 716.4 feet to the place of beginning; Also all rights in and to the Easement dated May 21, 1958, and recorded in Book 229, Page 41 in the office of the County Recorder of Johnson County, Iowa. Per Quit Claim deed filed in Book 399, Page 334 and Warranty Deed filed in Book 400, Pages 317 and 318• and, Commencing at the Northeast corner of the SE 1/4 of Section 21 T. 79 N. R. 6 W. of the 5th P.M., thence South 1218.57 feet; thence West 218.24 to a 1/2 inch iron pipe found and on the easterly right of way line 6f the Chicago, Rock Island and Pacific Railroad and the point of beginning; thence S. 21 deg. 56 min. 00 sec. E. 623.20 feet to a 1/2 inch iron pipe found; thence S. 21 deg. 56 min. 00 sec. E. 33.65 Feet to the centerline of old Pleasant Harris Road; thence S. 56 deg. 47 min. 30 sec. W. 462.61 feet along said centerline; thence N. 1 deg. 58 min. 00 sec. E. 40.37 feet to a 1/2 inch iron pipe found; thence N. 1 deg. 58 min. 00 sec. E. 662.89 feet to a 1/2 inch iron pipe found and Easterly right of way line of said railroad; thence Northeasterly 198.48 feet along a 2814.93 foot radius curve concave southeasterly to the point of beginning. Said tract containing 4.32 acres, more or less, subject to easement of record. Per warranty deed file in Book 400, Page 316. Whereas Thomas and Betts Corporation does hereby set apart and dedicate to the City of Iowa City the public use forever the following described parcel: Commencing at the Northeast corner of the Southeast quarter of Section 21, Township 79 North, Range 6 West of the 5th P.M.; thence South 1,218.57 feet; thence West 218.24 feet to a 1/2 inch iron pipe found on the Easterly right- of-way line of the Chicago, Rock Island and Pacific Railroad; thence South 21° 56' 00" East 623.20 feet to a 1/2 inch iron pipe found and point of beginning; thence South 21° 56' 00" East 33.65 feet to the centerline of South Riverside Drive (old Pleasant Harris Road); thence South 560 47' 30" West 462.61 feet along said centerline; thence North 1° 58' 00" East 40.37 feet to a 1/2 inch iron pipe found; thence North 56° 117' 30" East 445.93 feet to point of beginning. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Roc.,l,•n;t G Tn} U 'fne ir:;:;l flxip n':m r 17S/ i j: 4 Y k %k DEDICATION ^ The undersigned, Thomas and Betts Corporation is the owner of the following described parcel in Iowa City, Iowa: Commencing at the concrete monument at the northwest corner of the southwest quarter of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence South 0 degrees 16 minutes west 907.0 feet to the centerline of the Chicago, Rock Island and Pacific Railroad TracK, the;ue South 21 degrees 56 minutes east 54.2 feet to the right of way line of said railroad and the place of beginning; from said point of beginning thence southwesterly 351.0 feet along a 6660 foot radius curve concave southeasterly to an iron pin, thence south 21 degrees 56 minutes east 623.2 feet to the northerly line of the public highway, thence north 56 degrees 59 minutes east along the northerly line of said public highway 320.9 feet, thence north 21 degrees 56 minutes west 716.4 feet to the place of beginning; Also all rights in and to the Easement dated May 21, 1958, and recorded in Book 229, Page 41 in the office of the County Recorder of Johnson County, Iowa. Per Quit Claim deed filed in Book 399, Page 334 and Warranty Deed filed in Book 400, Pages 317 and 318• and, Commencing at the Northeast corner of the SE 1/4 of Section 21 T. 79 N. R. 6 W. of the 5th P.M., thence South 1218.57 feet; thence West 218.24 to a 1/2 inch iron pipe found and on the easterly right of way line 6f the Chicago, Rock Island and Pacific Railroad and the point of beginning; thence S. 21 deg. 56 min. 00 sec. E. 623.20 feet to a 1/2 inch iron pipe found; thence S. 21 deg. 56 min. 00 sec. E. 33.65 Feet to the centerline of old Pleasant Harris Road; thence S. 56 deg. 47 min. 30 sec. W. 462.61 feet along said centerline; thence N. 1 deg. 58 min. 00 sec. E. 40.37 feet to a 1/2 inch iron pipe found; thence N. 1 deg. 58 min. 00 sec. E. 662.89 feet to a 1/2 inch iron pipe found and Easterly right of way line of said railroad; thence Northeasterly 198.48 feet along a 2814.93 foot radius curve concave southeasterly to the point of beginning. Said tract containing 4.32 acres, more or less, subject to easement of record. Per warranty deed file in Book 400, Page 316. Whereas Thomas and Betts Corporation does hereby set apart and dedicate to the City of Iowa City the public use forever the following described parcel: Commencing at the Northeast corner of the Southeast quarter of Section 21, Township 79 North, Range 6 West of the 5th P.M.; thence South 1,218.57 feet; thence West 218.24 feet to a 1/2 inch iron pipe found on the Easterly right- of-way line of the Chicago, Rock Island and Pacific Railroad; thence South 21° 56' 00" East 623.20 feet to a 1/2 inch iron pipe found and point of beginning; thence South 21° 56' 00" East 33.65 feet to the centerline of South Riverside Drive (old Pleasant Harris Road); thence South 560 47' 30" West 462.61 feet along said centerline; thence North 1° 58' 00" East 40.37 feet to a 1/2 inch iron pipe found; thence North 56° 117' 30" East 445.93 feet to point of beginning. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Roc.,l,•n;t G Tn} U 'fne ir:;:;l flxip n':m r 17S/ i 1 j: 1 I I. r1 THOMAS AND BETTS CORPORATION M�inKelly STATE OF IOWA SS JOHNSON COUNTY On this tri day of 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin J. Kelly, to me personally known, who, being by me duly. sworn, did say that he is Plant Manager for said corporation executing the within and fore- going instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Martin J. Kelly as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. 4APU*LIC IN AND FOR THE S A OF IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES � n i -i OPINION OF ATTORNEY I, William M. Tucker, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: Commencing at the Northeast corner of the Southeast quarter of Section 21, Township 79 North, Range,6 West of the 5th P.M.; thence South 1,218.57 feet; thence West 218.24 feet to a 1/2 inch iron pipe found on the Easterly right-of-way line of the Chicago, Rock Island and Pacific Railroad; thence South 21°56'00" East 623.20 feet to a 1/2 inch iron pipe found and point of beginning; thence South 21°56'00" East 33.65 feet to the centerline of South Riverside Drive (old Pleasant Harris Road)- thence South 56°47'30" West 462.61 feet along said centerline; thence North 1°58'00" East 40.37 feet to a 1/2 inch iron pipe found- thence North 56° 47'30" East 445.93 feet to point of beginning. It is hereby certified that fee simple title to said Property is in Thomas and Betts Corporation and that the same is free from encumbrances. Dated at Iowa City, Iowa, this (ct` day of October, 1980. Wi iam M. Tuck6r Bremer Bldg, P. 0. Box 2150 Iowa City, Iowa 52244 i i /7V MICROFILMED BY JORM MIC R�fLAB _ CEDAR RAPID DES MOINES is i i 0 PERMANENT WATER MAIN EASEMENT This agreement, made and entered into by and between Thomas & Betts/ Ansley Corporation, first party, which expression shall include his, her or their heirs, agents or assigns, and the City of Iowa City, Iowa, second party, which expression 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 the replace- ment, maintenance and use of such water 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 pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egr ss"t.he'reto as described on Exhibit "A" attached to this easement and 'by'tVis reference made a part hereof. First party further grants to second party: I. The right of grading said area for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of the said area to such extent as second party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said area and to trim and to cut down and clear away any trees on either side of said area which now or hereafter in the opinion of second party may be a hazard to said lines or may inter- fere with the exercise of second party's rights hereunder in any manner; provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of the first party. 3• The right of ingress to and egress from said area over and across said lands 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; provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said area by and public road or highway now crossing or hereafter crossing said lands. 4. Second party shall not fence said area and second party shall promptly backfill any trench made by it on said area and repair any damage it shall do to first party's private roads or lanes on said lands. Second party shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress 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 area for purposes which will not interfere with second party's full enjoyment of the rights hereby granted; provided that first party shall not erect or construct any building on 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 pipe lines or construct fences or plant trees in said right of way. First party does hereby convenant 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. 1 SEP 2 ABBIE STOITHS, C".11I" CITY CLERK (3) .... _.. ... .. JUHM MIUHtrLA= / 7V CEDAR RAPIDS r DES MOINES i The provisions hereof 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 the land. Dated this a day ofd` A.D. C1 MArtin J-YKelly, Plat Manager Thomas b Betts/Ansley Corporation j STATE OF IOWA) )SS: J JOHNSON COUNTY) LINDA C. VeDEPO I M Se0 "MISSION EXPIRES .. 20 1981 ' On this _.X�� da of to c Y 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin J. Kelly, to me personally known, who, being by me duly sworn, did say that he is the plant I manager of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Martin J. Kelly, as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, b an by him voluntaril a ecuted. ary u I n an or a e of o LJCORM MICR#LAB - AR RAPIDS • DES MOINES SEP 2 7 19ft0 ABBIE STOLFUS, CMt CITY CLERK (3) 7 FI i .. j j n _G � The provisions hereof 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 the land. Dated this a day ofd` A.D. C1 MArtin J-YKelly, Plat Manager Thomas b Betts/Ansley Corporation j STATE OF IOWA) )SS: J JOHNSON COUNTY) LINDA C. VeDEPO I M Se0 "MISSION EXPIRES .. 20 1981 ' On this _.X�� da of to c Y 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin J. Kelly, to me personally known, who, being by me duly sworn, did say that he is the plant I manager of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Martin J. Kelly, as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, b an by him voluntaril a ecuted. ary u I n an or a e of o LJCORM MICR#LAB - AR RAPIDS • DES MOINES SEP 2 7 19ft0 ABBIE STOLFUS, CMt CITY CLERK (3) 7 FI i .. j PERMANENT WATER MAIN EASEMENT EXHIBIT A Commencing at the concrete monument at the Northwest corner of the Southwest quarter of Section 22, T 79 N, R 6 W, of the 5th P.M.; thence South 0° 16' West 907.0 feet to the centerline of the Chicago, Rock Island, Pacific Raidlroad track; thence South 210 56' East 54.2 feet to the right- of-way line of said railroad; thence continuing South 210 56' East 105.0 feet to the point of beginning of centerline herein described; thence South 47° 34' West 382 feet; thence South 19° 04' West 195 feet to the Southwesterly line of the Thomas & Betts property. The location of this easement is based on city of Iowa City water department records. Should the actual water main be located elsewhere, the intent of this description is to be centered on the actual water main. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES SEP 2 31980 ABBIE STOI.FUS, CmC CITY CLERK (3) j' t 1 I i PERMANENT SEWER EASEMENT This agreement, made and entered into by and between Thomas b Betts/ Ansley Corporation, first party, which expression shall include his, her or their heirs, agents or assigns, and the City of Iowa City, Iowa, second r party, which expression shall include their agents or assigns, witnesseth: I It is hereby agreed as follows: i For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, first art hereby second party an easement for the party grants and conveys to ment, maintenance and use of suchpsewagesline, Pipes, m for and the s, and replace- ment, station as second g , Pipes, mains, conduits, and sewage with all necessaryrappliancesrand tfittingse to 'for -use me tinoconnection 9 with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress.,thereto.as described on Exhibit "A" attached to this easement and by this reference made a part hereof. First party further grants to second party: 1 I I. The right of grading said area for the full width thereof I and to extend the cuts'and fills for such grading into and on said lands along and outside of the said area to such extent as second party may find reasonably necessary, 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said area and to trim and to cut down and clear away any trees on either side of said area which now or hereafter r in the opinion of second party may be a hazard to said lines or may inter- fere with the exercise of second panty's rights hereunder in any manner; provided, however, that all trees which second party is hereby authorized !: to cut and remove, if valuable for timber or wood, shall continue to be the property of the first party. 3. The right of ingress to and egress from said area over and n, ( across said lands by means of roads and lanes thereon, if such there be; otherwise by such route or routes as shall occasion the least practicable ' r damage and } � inconvenience to first party; provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said area b and 9 Y public road or highway now crossing or hereafter 1 crossing said lands. ; i 4. Second party shall not fence said area and second party shall I. l promptly backfill any trench made by it on said area and repair any damage it shall do to first party's private roads or lanes on said lands. Second party shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress 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 area for purposes which will not interfere with second party's full enjoyment of the rights hereby granted; provided that first party shall not erect or construct any building t on 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 pipe lines or construct fences or plant trees in said right of way. First party does hereby convenant 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. _ I SEP 2 7 ]980 ABBIE STOI.FUS, "r rl CITY CLERK (�' ...tom ,mss 17V MICROFILMED BY - - P JORM MIC CEDAR RAPIDS •DES MOINES I' 1. i n -2- The provisions hereof 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 the land. Dated this a � day of (;Ik,M\2PA.D., 'Cc 72?�7� Ate_ /Martin Kelly, P nt Manager Thomas E Betts/Ansley Corporation STATE OF IOWA) )SS: 4 LINDA C. V*DEPO JOHNSON COUNTY)' MYSeOpjem�r�3o t98RES On this aar day of yn' eA,, 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin J. Kelly, to me personally known, who, being by me duly sworn, did say that he is the plant manager of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Martin J. Kelly, as such officer acknowledged the execution of said instrument'to be the voluntary act and deed of said corporation, b _i- and by him voluntarila 'cuted. r u is n an or e 3r e o' owa SEP 2 .7 1980 ABBIE STOIRIS, Cvt-, CITY CLERK (3) i CEDAR RAPIDS • DES MOINES �� i n -2- The provisions hereof 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 the land. Dated this a � day of (;Ik,M\2PA.D., 'Cc 72?�7� Ate_ /Martin Kelly, P nt Manager Thomas E Betts/Ansley Corporation STATE OF IOWA) )SS: 4 LINDA C. V*DEPO JOHNSON COUNTY)' MYSeOpjem�r�3o t98RES On this aar day of yn' eA,, 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Martin J. Kelly, to me personally known, who, being by me duly sworn, did say that he is the plant manager of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Martin J. Kelly, as such officer acknowledged the execution of said instrument'to be the voluntary act and deed of said corporation, b _i- and by him voluntarila 'cuted. r u is n an or e 3r e o' owa SEP 2 .7 1980 ABBIE STOIRIS, Cvt-, CITY CLERK (3) i CEDAR RAPIDS • DES MOINES �� PERMANENT SEWER EASEMENT EXHIBIT A Commencing at the concrete monument at the Northwest corner of the Southwest quarter of Section 22, T 79N, R 6 W, of the 5th P.M.; thence South 0° 16' West 907.0 feet to the centerline of the Chicago, Rock Island, Pacific Rail- road track; thence South 21° 56' East 54.2 feet to the right-of-way line of said railroad; thence continuing South 210 56' East 18.54 feet; thence South 68° 04' West 40.00 feet to the point of beginning of tract herein described; thence South 21° 56' East 30.0 feet; thence South 68° 04' West 30.0 feet; thence North 21° 56' West 15.88 feet; thence Northeasterly 33.16 feet along a 6,660 foot radius curve having a chord length of 33.16 feet and a chord bearing of North 42° 51' 52" East. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES SFP 2 7 I111.^ ABBIE ST01FLIS, C: CITY CLERK (3) ju 7 21 :i t r. i r. "I PERMANENT SEWER EASEMENT EXHIBIT A Commencing at the concrete monument at the Northwest corner of the Southwest quarter of Section 22, T 79N, R 6 W, of the 5th P.M.; thence South 0° 16' West 907.0 feet to the centerline of the Chicago, Rock Island, Pacific Rail- road track; thence South 21° 56' East 54.2 feet to the right-of-way line of said railroad; thence continuing South 210 56' East 18.54 feet; thence South 68° 04' West 40.00 feet to the point of beginning of tract herein described; thence South 21° 56' East 30.0 feet; thence South 68° 04' West 30.0 feet; thence North 21° 56' West 15.88 feet; thence Northeasterly 33.16 feet along a 6,660 foot radius curve having a chord length of 33.16 feet and a chord bearing of North 42° 51' 52" East. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES SFP 2 7 I111.^ ABBIE ST01FLIS, C: CITY CLERK (3) ju 7 21 :i i r. "I J n RECEIVED SIP 1 9 1980 TL/ & Bat;tJREPLY no. TO 10 H.Uhw., 21n Sun 11, I mve C.1y, lows 52240 September 18, 1980 :]1917540110 City of Iowa City City Council Re: Large Scale Non -Residential Civic Center Development Plan 410 East Washington Thomas b Betts/Ansley Corporation Iowa City, Iowa 52240 Iowa City, Iowa Attention: Mr. Neal Berlin, City Manager The purpose of this letter is to request special consideration and approval of the Large Scale Non -Residential Development Plan for our project at your September 23, 1980, council meeting. On September 9, 1980, we submitted to the city staff, our proposed schedule fast tracking design, construction, and the LSNRO approval resulting in construc- tion completion by February 1, 1980. We have made a commitment to our corporate office in Los Angeles, that we will be in operation with a complete addition by that time. Our contractor, Burger Construction Company, has indicated that they need to commence footing construction as soon as possible in order to meet, the required completion date. Our original proposal to the city was to enter an agreement with the city stating that we would comply with all of the requirements of the LSNRD ordinance if a foundation permit would be granted to allow start of construction. The city building official interpreted the City Code as stating that no building permit, even a foundation permit could not be issued until the LSNRD has been approved. Since September 12, 1980, we have been working with the city planning department, the city engineering department, and the planning and zoning commission relative to fast tracking approval of the LSNRD to allow start of construction on September 24. On September 18, 1980, we received approval of the LSNRD from the Planning and Zoning Commission. With the LSNRD document in order, we respectively request your approval at your September 23, 1980, council meeting to allow us to start construction the following day. If approval is not received by that time, the chances of completing our schedule by the February 1, 1981 deadline are highly diminished. We thank you for your attention to this matter. Respectfully yours, THOMAS 6 BETTS/ANSLEY CORPORATION Martin J. eIIey iSnt Manager T&B/Thomas & Betts, Division of Thomas & Betts Corporation's 920 Rout. 2028011tan, Naw Junay 00869 12011 685.1500 TELEX 833190 1711 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES F 8 I I TQ Thcnas & Betts Corporation 1979 Annual Report f H y - - o • d Y .. MICROFILMED BY JO RM MIC Rf LAB CEDAR RAPIDS • DES LAB b INCOME TAXES 1979 1978 Change $24,757,000 $21,800,000 +14% ENedive Tax Rale I 45.2% 46.2% Income taxes increased in 1979 due to higher pre-tax earnings. However, the effective lax rate was reduced due primarily to the decrease in the U.S. corporate lax rale and also as a result of tax benefits relating to inventory stock relief legislation in England. Both years benefited from tax exempt income and investment tax credits. NET EARNINGS 1979 1978 Change $30,016,000 $25,375,000 -f-18% $3.91 $3.30 +18% pershare per share Net earnings as a percent of sales were 13.3 percent against 13.4 percen t in 1978. DIVIDENDS DECLARED 1979 1978 Change $11.683.000 $9,688,000 +217, $1.52 $1.26 +21 per share per share The Board of Directors increased the dividend from 33 to 38 cents per share in February 1979. In February 1980, the Board further increased the divi- dend to 43 cents per share. Dividends declared have more than doubled in the last five years, from $.68 per share in 1974 to $1.52 per share in 1979. Thomas & Betts has paid divi- dends for 46 consecutive years. CAPITAL EXPENDITURES 1979 1978 Change $13,474,000 $11,705,000 -1-15% The majority of capital expenditures in 1979 was for machinery and equip- ment to produce new products, expand capacity and improve operating effi- ciency. Budgeted capital expenditures of approximately $20,000,000 for 1980 will again be primarily for assets to produce new products, increase pro- ductivity, and expand capacity. Depreciation expense was $5,869,000 in 1979, up 18 percent from 1978, due to the higher levels of plant and equip. ment in place. CAPITALIZATION (At Year End /979) Common Shareholders Outstanding of Record 71688,000 4,714 Institutional Shares Hold Percent Holders by Institutions of Total 1979 89 3,594,000 47% 1978 86 3,450,000 45% Earnings and Dividends In dollars Declared Per Share s Dividends Declared EI Earnings ILL_ _�. ' 3.91 7 _ y y 3.30 78 2.70 77 ,.„j 2.20 76 1.73 75 Return On Average 5 Year Average Return: 20.5% Shareholders' Equity MICROFILMED OY JORM MICR�ILAB CEDAR 111111 • DES MOIHES 23.0% 79 22.3% 78 20.9% 77 19.3% 76 17.0% 75 B Research and Development Expense 1979 1978 Change $10,431,000 $8,739,000 +19% The Corporation increased its invest- ment in research and development in 1979 in order to support the product innovations that will provide its future growth. R&D expenditures were 4.6 percent of sales in both 1979 and 1978. These expenditures financed hundreds of projects, including numerous flat cable and connector products, the under carpet wiring system and con- tinuing research and development in fiber optics. Marketing, General and Administrative Expenses 1979 1978 Change $57,167,000 $48,105,000 +19% Marketing, general and administrative expenses increased during 1979 pri- marily due to the addition of personnel and facilities to support our increas- ing sales, higher compensation and benefit costs for existing personnel and volume related selling and distribu- tion costs. OTHER INCORZC—MCP 1979 1978 Change $965,000 $1,315,000 -27% Net interest income (interest income less interest expense) did not change Reseanh slml Millions of dollars Development Expense 'Research and Development Expense as a Percentage of Sales of Net Net Sales 10.4 79 0.7 78 7.a 77 ® 5.7 76 4.6 75 ® 13.7% 7p9 ® 19.4% 7a 13.2% 77 ® 13.2% 76 11.9% 75 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES is significantly during 1979. However, the rate of increase in interest expense was higher than the increase in in- terest income reflecting significantly higher interest rales and higher levels of borrowing. The decrease in other income -net was due principally to lower foreign currency gains. The for- eign currency gains resulted from the translation of foreign currency bal- ance sheets, realized exchange trans- actions and forward contract trans- actions. The net effect of these items was a currency gain of $123,000 in 1979, compared to $295,000 in 1978. i 14 Review of Operations (Incorporating Management's Discussion and Analysis of the Summary of Operations) EIS 1979 1978 Change $226,440,000 $189,860,000 +19% Increased sales were achieved in both electrical and electronic markets and in all the geographic areas the Cor- poration serves. Sales of electronic products and international sales re- flected the greatest gains during the year. Each of our established electrical prod- uct lines contributed to the sales growth, both domestically and over- seas. Particular strength was evident worldwide in sales of BLUE MACS° flat cable and connectors and FLEX- STRIP®jumper interconnects. Sales and earnings by geographic area are summarized in note 10 to the consolidated financial statements. Electrical and electronic OEM markets accounted for approximately 50 per- cent of 1979 sales; electrical construc- tion, 30 percent; and electrical main- tenance and repair markets, 20 percent. COSTSANLEXPENSES Cost of Sales 1979 1978 Change $105,034,000 . $87,156,000 +21 Cost of sales rose in 1979 primarily due to increased sales volume. As a per- cent of sales, however, results were fairly similar. Cost reduction programs, sales price increases and high capac- ity utilization mitigated the significant effects of escalating cost levels, par- ticularly for raw materials. Met Sales Millions of dollars Marketing Millions of dollars lixpense 'Marketing Expense as a Percentage of Sales 23.2 79 20.7 78 LUJ 16.2 77 LU 12.5 76 !'9.4%... .. MICROFILMED BY JORM MICR(�LA 3 CEDAR RAPIDS • DES MOINES 2 .___—__-------- One of the many T&B products for maintenance on trucks is a connec• tion method for making battery cable assemblies which exceed the qualilY of original equipment. 3 Certnin environments such as chern- ieal plants pose special wiring problems. T&B specializes in sole. Ing them. This maintenance shop is 3,000 feet underground in a Canadian mine of the Pomsh Corporation of Saskatchewan. T&B rellabilfly is a standard for special locations such as this. A mix of T&B products to maintain electrical controls are routinely carried by plant electricians. STA. HOW terminals, TY•RAPcable Iles, and E.2 -Code wire markers are typical needs. 1H Maintenance & Modernization 4 Maintenance remains a steadily grow- ing market for T613. Additional seg- ments of the market are being pene- trated with both existing and new products. Changes are required in electrical systems when equipment is added or moved, a corrosive atmos- phere makes periodic replacement t necessary, or processes are modern- ized or cost reduced. In a commercial building, hospital or industrial plant, as much as 10 percent of the existing wiring system may be changed or added each year. Each new building or piece of equipment adds to the base of maintenance and modernization requirements which in turn increases the demand for maintenance material each year. Wiring requirements in markets not previously served by T&B also add to the overall demand and create new product opportunities. A recent exam- ple is our mine splice developed for cables that carry power to drills, pumps and other mobile equipment used in underground mines. The pro- / prietary technique designed into this One of the maintenance answers product is stimulating investigation TAD kas supplied for coal mining into a new line of mine oriented prod- operations is a new kit to splice and protect trailing cables at the ucts for worldwide use. work site. The after markets for trucks, appliances and electric motors provide additional opportunities for maintenance prod- ucts. Our now line of battery lugs and application tools enables maintenance shops to fabricate battery cableas- semblies. T&B offers specially designed kits with assortments of T&B products for many specific maintenance functions. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES and covered with carpet squares. Floor outlets can be added or removed without interruption to office per. sonnel by simply lifting the carpel squares at the work location. The new system replaces more costly wiring buried in floors. In construction, T&B has achieved recognition byspeciliers and elec. Irieal contractors as the single com. pany able to supply all connecting requirements ... for cable, raceways, eicelronic controls, and branch circuit wiring. JVRM MICFHDI. An II J Changes in electrical codes which Permit cable tray as a wiring race- way have expanded construction ap. plicalians for a wide range of T&B products—groun ding, cable lashing, identification Iabels, and mechan. ical connecting devices in projects such as this new steel mill. 5 Heavy duty T&B connections for plastic•jackeled, metal -clad cable meet special requirements for m p chanieal, moisture and dust pro. Ieclion in this industrial construction project. I RETAKE OF PRECEDING DOCUMENT JORM MICR®LAB TARGET SERIES 0 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 -- Y. FRCC601N6�`✓VTS oWIV) fur U� SE����v�E Ay lRii��P MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES / r � Ss ^� � Y 1 -- Y. FRCC601N6�`✓VTS oWIV) fur U� SE����v�E Ay lRii��P MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Ss ^� � Y 6 t. r_ rr t r 1 -- Y. FRCC601N6�`✓VTS oWIV) fur U� SE����v�E Ay lRii��P MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Firimcial $ 92,773 $ 80,808 Y Current ratio Percent r. Shareholders'equity 1979 1978 Increase Highlights Dollars in thousands $ 8,739 19 Capital expenditures $ 13,474 $ 11,705 (except per share data) Depreciation $ 5,869 $ 4,969 18 Firimcial $ 92,773 $ 80,808 15 Current ratio Percent 3.8 to 1 Shareholders'equity 1979 1978 Increase Highlights Dollars in thousands $ 8,739 19 Capital expenditures $ 13,474 $ 11,705 (except per share data) Depreciation $ 5,869 $ 4,969 18 Net sales $226,440 $189,860 19 Earnings before income taxes $ 54,773 $ 47,175 16 Pre -lax profit margin 24.2% 24.8 Net earnings $ 30,016 $ 25,375 18 After -lax profit margin 13.30A 13.4% Return on average shareholders' equity 23.00A 22.3 Per common share $ 3.91 $ 3.30 18 Dividends declared per common share $ 1.52 $ 1.26 21 Average shares outstanding 7,685 7,689 Working capital $ 92,773 $ 80,808 15 Current ratio 3.7 to 1 3.8 to 1 Shareholders'equity $139,834 $121,206 15 Research and development $ 101431 $ 8,739 19 Capital expenditures $ 13,474 $ 11,705 15 Depreciation $ 5,869 $ 4,969 18 Number of employees 3,000 2,750 9 Number of shareholders 4,714 4,772 Message of the Chairman 4.5 Markets 6.13 Review of Operations /4.17 Financial Statements 18.26 Quarterly Review 27 Eleven Year Summary 28.29 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES i TO Our Thomas & Betts had another year of good growth in 1979. Sales were a record $226,440,000, up 19 percent. Earn- Shareholders: ings,also arecord, were $30,016,00Oor$3.91per share, up 18 percent, providing a 23 percent return on average l shareholders' equity. Over the last five years, sales and ; earnings gains have averaged 14 percent and 16 percent respectively. Reflecting these increases, our Board of Directors de- clared dividends of $1.52 per share in 1979, up from $1.26 in 1978, and on February 6,1980, the Board increased the 38 quarterly dividend by 13 percent to 43 cents from cents per share. y Our domestic electrical business showed growth throughout 1979, although construction market activity _. showed signs of decline towards the end of the year. In `- the electronic sector, sales of flat cable and connectors were strong, and new applications were found for our patented FLEXSTRIP jumpers in the automotive mar- 1 4 ket. With a 32 percent increase forthe year, international f sales also continued their strong growth trend. i x' .• We continued to strengthen the f oundation for our future growth by increasing our engineering activity during the year. Research and development expense in 1979 was $10.4 million or 4.6 percent of sales, up 19 percent j from the $8.7 million spent in 1978. Our expanding R&D activities will enable us to intro- duce several major products in 1980. One is our VERSA-TRAK" under carpet wiring system which offers - cost reduction potential to the commercial substantial construction market. Another is our mine splice, de- .. I signed for maintenance and repair in a market segment new to T&B. We will also offer an increasing array of styles, types and sizes of BLUE MACS®flat cable and connectors. These and other lines scheduled for introduc- i tion should make 1980 a memorable year for new products. Internationally, we are continuing to expand geograph- ically. During 1979 we established new operations in Singapore and Mexico. International markets continue to offer substantial growth potential and now account for 31 percent of our sales. 17 8 oZ MICROFILMED BY - JORM MICR+LA13 4. CEDAR RAPIDS • DES MOINES }I n r s We completed a major restructuring of our corporate organization in January 1980. T. Kevin Dunnigan was elected President and Chief Operating Officer. Also pro- moted were: Edmond J. Dixon to Group Vice President responsible for electronic markets; David M. Hunihan to Group Vice President responsible for electrical markets; Robert E. Claude to Vice President -International; and James W. Dailey to President of Thomas & Betts Limited in Canada. This reflects our strong emphasis on managing our business according to the markets we serve. We are pleased to report the election to our Board of Directors during 1979 of Dr. Norma Maine Loeser, Dean of the School of Government and Business Administra- tion of The George Washington University. It is with re- gret that we note the resignation of William P. Miller as a' director and Executive Vice President -Electronics. Although economic prospects for 1980 are uncertain at this time, we believe our many strengths will permit Thomas '& Betts to perform well. We now have a signifi- cant electronic presence, as well as a growing propor- tion of our business from international markets, which tend to act as a balance to the domestic business cycle. Looking beyond 1980, we are enthusiastic about our prospects. We feel we have the human resources, organi- zational structure, product development programs and marketing strategies to achieve our long term growth goal of doubling sales and earnings every five years. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES The dramatic reduction in the cost of memory circuits over the last twenty years means their usage is no longer limited to sophisticated applications in computers, communications equip- ment and aerospace. These markets have used T&B/Ansley flat cable and connector products for many years. Now, the availability of inexpensive memory has greatly increased its use. It is being designed into such prod- ucts as television sets, electronic games and video recorders. Our flat cable and connectors are now used in all these applications and in numerous others worldwide. Electronics are now being used to a much greater degree in automobiles where Ansley products have applica- tions related to fuel conservation, pol- lution abatement and entertainment systems. In addition, as automotive electrical and electronic systems be- come more complex, our CABLE - SCAN" instruments are being used to monitor and test subassemblies. Through the efforts of our electronic and telecommunication divisions, digital signal transmission problems and costs are being reduced through the use of our many configurations of flat cable and with the technology of the 80's—fiber optics. Though still largely in the experimental stage in laboratories throughout the world, fiber optics applications are sur- facing in telecommunication and elec- tronic markets. We are devoting sig- nificant engineering effort to fiber optics in order to develop products and systems for this promising opportun- ity of the future. T&B's electronic markets are growing faster than any of our other traditional markets. Some of our electronic prod- uct lines, such as flat cable and con- nectors, are enjoying even greater sales growth than the electronics industry as a whole. MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES 1 T«D experience In electronic ctr• .Miry cordes into liber optics in this printed circuit board connection where Dal fiber optics cable is joined with eight single channel cables. y Shielded wire transmits signals without Interference. T&E has a "wrap around" SHIELD-HON9 con• neefor and color -coded tool system which greatly reduces fenninaflon i coals for shielded wire. 6 Eec LL 011.. s i W Co=urucatons The dramatic reduction in the cost of memory circuits over the last twenty years means their usage is no longer limited to sophisticated applications in computers, communications equip- ment and aerospace. These markets have used T&B/Ansley flat cable and connector products for many years. Now, the availability of inexpensive memory has greatly increased its use. It is being designed into such prod- ucts as television sets, electronic games and video recorders. Our flat cable and connectors are now used in all these applications and in numerous others worldwide. Electronics are now being used to a much greater degree in automobiles where Ansley products have applica- tions related to fuel conservation, pol- lution abatement and entertainment systems. In addition, as automotive electrical and electronic systems be- come more complex, our CABLE - SCAN" instruments are being used to monitor and test subassemblies. Through the efforts of our electronic and telecommunication divisions, digital signal transmission problems and costs are being reduced through the use of our many configurations of flat cable and with the technology of the 80's—fiber optics. Though still largely in the experimental stage in laboratories throughout the world, fiber optics applications are sur- facing in telecommunication and elec- tronic markets. We are devoting sig- nificant engineering effort to fiber optics in order to develop products and systems for this promising opportun- ity of the future. T&B's electronic markets are growing faster than any of our other traditional markets. Some of our electronic prod- uct lines, such as flat cable and con- nectors, are enjoying even greater sales growth than the electronics industry as a whole. MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES 1 T«D experience In electronic ctr• .Miry cordes into liber optics in this printed circuit board connection where Dal fiber optics cable is joined with eight single channel cables. y Shielded wire transmits signals without Interference. T&E has a "wrap around" SHIELD-HON9 con• neefor and color -coded tool system which greatly reduces fenninaflon i coals for shielded wire. 7 s 3 —_—_--_-- —__This now _. cnble hness fester (f Extensive Produced liber efforts f orts at T&B have Cnblese n tests n cm ompleted flat nccessories and tool designs to meet to installation d ,nneclor assembly prior lation in equipment. the accolenting market and re• search requirements of this new technology. ry __. _..... _. The move to microprocessors and computerized controls in automo• biles has opened a rnnjor marker for Ansley FLCXSTRIP Iumpers, now an extensive off•lhe•shclf line. JURM MICAOL AB II I OEM Electro -Mechanical Markets The manufacturers of business ma- chines, airplanes, machine tools, trucks and hundreds of other products are continuing to increase the electrical content of their products. Large quanti- ties of STA-KON" wire terminals, TY- RAP°cable ties, SHIELD-KONaground- ing sheath connectors and power cable connectors are consumed in these markets. Some of the products used are new; some, such as liquid - tight fittings for flexible raceways on machine tools, are continually im- proved to meet new requirements; and some products are unchanging. What happens in Chicago or Houston also happens in Munich, Milan and Tokyo. Our OEM products are sold in international markets and receive the same enthusiasm found in domes. tic markets. Productivity is important everywhere. New automated TY -RAP tools and a high-speed STA-KON terminaling machine being introduced this year illustrate T&B approaches to meeting market needs. Our customers must increase their output to meet market demands and do it with costs that keep them competitive. This need for improved productivity creates growth opportunities for T&B. Through organization, planning and allocation of resources we place great emphasis on identifying and then satisfying the requirements of our markets. prones mamuen in control I for machinery, such as the -duty TyliApr ties on This wire of this market. share STA -HON" wire terminals, which provide connections in nearly every type of electrical equipment, are applied by high-speed connecting machines such as this new T&B Auto read Tool. MICROFILMED BY r JORM MIC R�LA13 CEDAR RAPIDS . DES MOINES 9 s With the introduction Ofa new, one- onn multi -conductor, tsbeing introduced by piece TY -BAP' cable. tie for OEM production wiring, T&B now offers T&B for machine tool applications. an even wider choice of lines to it gives installers a plug•in capa- match any user requirement. hility for liquid tight wiring. The high electrical content of machine. tools calls for many T&B products. 4 Wire hamess assembly work calls for detailed schematic diagrams. Paper prints of these layolds guide the operator who makes the actual hamesses which use. E -Z -Code wire markers, Ty -RAP ties, and STA- ISON terminals. 1,11141 1910 H191 All c to Industrial & Commercial Construction Engineered construction for power plants and manufacturing facilities, long a major market for T&B products, continues to be targeted in our mar- keting activities. We have now begun to penetrate another segment of con- struction—manufactured housing and mobile homes—with our tool -applied wiring devices. A very significant new product line for the 1980's is our under carpet wiring system for commercial buildings. TO is introducing this innovative flat cable wiring system under the trade- mark VERSA-TRAK"' For two decades, T&B has been the leader in flat cable technology for elec- tronic applications. Now we are intro- ducing a flat cable system that puts wiring on top of the structural floor in commercial buildings, replacing more expensive systems built into the floor. This new system enables power, telephone and data transmission wiring to go under carpet squares. VERSA- TRAK is so compact that it is neither apparent to the eye nor can it be fell underfoot. Its design is so flexible that existing outlets can be relocated or new ones added in a short period of time. This new system will substan- tially reduce the original cost of wiring offices of the future. "One of Has granted advances In wiring of commercial buildings," Is The reaction of contractors, specifiers and potential users of Td's new under carpet wiring system. Pictured above Is an experimental Oat cable being Installed on The floor surface 3 Asa MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES F t a and covered with carpet squares. rloor outlets cart be added or removed without interruption to office per. sonnel by simply filling the carpet squares al the work location. The new system replaces more cosily wiring buried in floors. in construction, T&B has achieved recognition by specifiers and elee- frical contractors as the single com- pnny able to supply all connecting requirements... for cable, raceways, electronic controls, and branch circuit wiring. .IC)RM MIC -POI. Aft • _J Changes in electrical codes which permit cable tray as a wiring race- way have expanded construction -IP- plications for n wide range of T&B products—grounding, cable lashing, identification labels, and mrchnn- ical connecting devices in projects such ns this new steel mill. S Heavy duty T&B connections for plaslie-jnckeled, metal -clad cable meet special requirements for mechanical, moisture and dust pro. teelion in this industrial construction project. s 12 Maintenance & Modernization Maintenance remains a steadily grow- ing market for T&B. Additional seg- ments of the market are being pene- trated with both existing and new products. Changes are required in electrical systems when equipment is added or moved, a corrosive atmos- phere makes periodic replacement necessary, or processes are modern- ized or cost reduced. in a commercial building, hospital or industrial plant, as much as 10 percent of the existing wiring system may be changed or added each year. Each new building or piece of equipment adds to the base of maintenance and modernization requirements which in turn increases the demand for maintenance material each year. Wiring requirements in markets not previously served by T&B also add to the overall demand and create new product opportunities. A recent exam- ple is our mine splice developed for cables that carry power to drills, pumps and other mobile equipment used in underground mines. The pro- prietary technique designed into this product is stimulating investigation into a new line of mine oriented prod- ucts for worldwide use. The after markets for trucks, appliances and electric motors provide additional opportunities for maintenance prod- ucls. Our new line of battery lugs and application tools enables maintenance shops to fabricate battery cable as- semblies. T&B offers specially designed kits with assortments of T&B products for many specific maintenance functions. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 One of the maintenance answers T&B has supplied for coal mining operations is a new kit to splice and protect trailing cables at the work site. 178a I 13 One o1 the many T&B products for This maintenance shop is 3,000 maintenance on trucks is a connec. feet underground in a Canadian tion method for making battery mine of the Potash Corporation cable assemblies which exceed the of Saskatchewan. T&B reliability is quality of original equipment. a standard for special locations such as this. Certain environments such as chern. ical plants pose special wiring problems. T&B specializes in sols ing them. I1MNI %IfCF4QI Ari A mix of T&B products to maintain electrical controls are routinely carried by plant electricians. STA. RONterminals,TY-RAP' cableties, and C•Z-Code' wire markers are typical needs. 14 Review of Operations (Incorporating Management's Discussion and Analysis of the Summary of Operations) SALES 1979 1978 Change $226,440,000 $189,860,000 +19% Increased sales were achieved in both electrical and electronic markets and in all the geographic areas the Cor- poration serves. Sales of electronic products and international sales re- flected the greatest gains during the year. Each of our established electrical prod- uct lines contributed to the sales growth, both domestically and over- seas. Particular strength was evident worldwide in sales of BLUE MACS' flat cable and connectors and FLEX- STRIP'jumper interconnects. Sales and earnings by geographic area are summarized in note 10 to the consolidated financial statements. Electrical and electronic OEM markets accounted for approximately 50 per- cent of 1979 sales; electrical construc- tion, 30 percent; and electrical main- tenance and repair markets, 20 percent. COSTS AND EXPENSES Cost of Sales 1979 1978 Change $105,034,000 $87,156,000 +21 Cost of sales rose in 1979 primarily due to increased sales volume. As a per- cent of sales, however, results were fairly similar. Cost reduction programs, sales price increases and high capac- ity utilization mitigated the significant effects of escalating cost levels, par- ticularly for raw materials. Net Sales Millions of dollars Mwkeftg Millions of dollars Expense 'Marketing Expense as a Percentage of Sales 1 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES r 7 tJ D1. 0 0 Research and Development Expense 1979 1978 Change $10,431,000 $8,739,000 +19% The Corporation increased its invest- ment in research and development in 1979 in order to support the product innovations that will provide its future growth. R&D expenditures were 4.6 percent of sales in both 1979 and 1978. These expenditures financed hundreds of projects, including numerous flat cable and connector products, the under carpet wiring system and con- tinuing research and development in fiber optics. Marketing, General and Administrative Expenses 1979 1978 Change $57,167,000 $48,105,000 +19% Marketing, general and administrative expenses increased during 1979 pri- marily due to the addition of personnel and facilities to support our increas- ing sales, higher compensation and benefit costs for existing personnel and volume related selling and distribu- tion costs. OTHER DHCORM—INET 1979 1978 Change $965,000 $1,315,000 -27% Net interest income (interest income less interest expense) did not change Research and Millions of dollars Development Expense 'Research and Development Expense as a Percentage of Sales Percentage of Net Earnings to Met Sales significantly during 1979. However, the rate of increase in interest expense was higher than the increase in in- terest income reflecting significantly higher interest rates and higher levels of borrowing. The decrease in other income -net was due principally to lower foreign currency gains. The for- eign currency gains resulted from the translation of foreign currency bal- ance sheets, realized exchange trans- actions and forward contract trans- actions. The net effect of these items was a currency gain of $123,000 in 1979, compared to $295,000 in 1978. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 79 13.3•i. 13.4% 78 13.2% i 77 13.2% 76 11011011111101 11.9% 75 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 16 DNCONM TADS 1979 1978 Change $24,757,000 $21,800,000 +14% EHedive Tax Rate 45.2% 46.2% Income taxes increased in 1979 due to higher pre-tax earnings. However, the effective tax rate was reduced due primarily to the decrease in the U.S. corporate lax rale and also as a result of tax benefits relating to inventory stock relief legislation in England. Both years benefited from tax exempt income and investment tax credits. NETEARNDNGS 1979 1978 Change $30,016,000 $25,375,000 +18% $3.91 $3.30 +18% per share pershare 1 Net earnings as a percent of sales were 13.3 percent against 13.4 percent in 1978. DIVIDENDS DECLARED 1979 1978 Change $11.683.000 $9,688,000 +21% $1.52 $1.26 +21% per share per share The Board of Directors increased the dividend from 33 to 38 cents per share in February 1979. In February 1980, the Board further increased the divi- dend to 43 cents per share. Dividends declared have more than doubled in the last five years, from $.68 per share in 1974 to $1.52 per share in 1979. Thomas 6 Betts has paid divi- dends for 46 consecutive years. CAPIITAL EXPENDITURES 1979 1978 Change $13,474,000 $11,705,000 +15% The majority of capital expenditures in 1979 was for machinery and equip- ment to produce new products, expand capacity and improve operating effi- ciency. Budgeted capital expenditures of approximately $20,000,000 for 1980 will again be primarily for assets to produce new products, increase pro- ductivity, and expand capacity. Depreciation expense was $5,869,000 in 1979, up 18 percent from 1978, due to the higher levels of plant and equip- ment in place. CAPITALIMATION (At Year End 1979) Common Shareholders Outstanding of Record 7,688,000 4,714 Institutional Shares Held Percent Holders by Institutions of Total 1979 89 3,594,000 47% 1978 86 3,450,000 45% Earnings and Dividends In dollars Declared Per Share ■ Dividends Declared If Earnings __J 3.30 78 2.70 77 ":J"�...:... .......:...:� 2.20 76 1.73 75 Return on Average S YearAverage Return: 20.5% Shareholders' Equity 23.0% 79 22.3% 78 20.9% 77 19.3% 76 17.00. 75 MICROFILMED DY JORM MICR/LAB CEDAR 111111 9 DES MOINES I rINANCILAL CONDMON Shareholders' Equity 1979 1978 Chang $139,834,000 $121,206,000 +15°/, $18.19 $15.76 -1-15° pershare per share Woridng Capital 1979 1978 Change $92,773,000 $80,808,000 -1-15 Carred Ratio 3.7to1 3.8to1 Cash and investments net of short term borrowings, decreased from $24,458,- 000 at year end 1978 to $11,797,000 at year end 1979, due principally to inven- tories increasing more rapidly than sales. Receivables increased 21 % to e $32,400,000, slightly higher than the 19 % rate of sales increase. Long term borrowings decreased to$1,554,000 and amounted to just 1.1 % of share- holders' equity. Return on average shareholders' equity was 23.0% in 1979, up from 22.3% in 1978. Returns over the past five years have averaged 20.5 %. 1973 Sales and Earnings Net sales rose by 20 percent in 1978 due principally to volume increases in both the electrical and electronic mar- kets, as well as in all geographic areas in which TO products are sold. Cost of sales (including research and develop- ment) rose by 17 percent, resulting in Shareholders' Equity In dollars Per Share MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES a slight improvement in gross margins. R&D expense alone increased 18 percent. Marketing, general and administrative expense increased by 26 percent, a higher rate than sales, reflecting in- creases in salaries and benefits, trans- portation, new marketing programs and distribution costs. Higher other in- come -net resulted from higher interest income and also from foreign currency gains. Increased income taxes related to higher pre-tax earnings. The effec- tive tax rate was 46.2 percent, reflect- ing the effect of tax exempt income and investment tax credits. I ss.19 79 15.76 78 13.79 77 12.09 76 10.70 75 Capital Expenditures and Depredation Millions of dollars u Capital Expenditures 0 Depreciation .13.5 79 78 . ��,.. .. 10.3 77 + 7.1 76 w 5.3 75 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES a slight improvement in gross margins. R&D expense alone increased 18 percent. Marketing, general and administrative expense increased by 26 percent, a higher rate than sales, reflecting in- creases in salaries and benefits, trans- portation, new marketing programs and distribution costs. Higher other in- come -net resulted from higher interest income and also from foreign currency gains. Increased income taxes related to higher pre-tax earnings. The effec- tive tax rate was 46.2 percent, reflect- ing the effect of tax exempt income and investment tax credits. I Consolidated Balance Sheet December 31 1979 1978 In thousands ASSETS Current Assets Cash and short-term investments (note 1) Receivables, less allowance for doubtful accounts and cash discounts Inventories Finished goods Work in process Raw materials Prepaid expenses Total Current Assets $ 21,460 $ 27,232 32,400 26,835 34,691 27,010 13,291 10,891 21,609 13,646 69,791 51,547 2,999 3,660 126,"0 109,274 0 Seo notes to consolidated financial elatoments. MICROFILMED DY JORM M7 LA13 CEDAR RAPIDS • DES MOINES L Property, plant and Equipment Land 4,296 2,994 Buildings 21,997 20,838 Machinery and equipment ",719 54,318 ,^ 91,014 78,150 Less accumulated depreciation 39,426 33,961 51,506 44,189 Other Deferred charges and other assets 1,004 1,012 Total Assets $179,332 $154,475 � 1. I I 0 Seo notes to consolidated financial elatoments. MICROFILMED DY JORM M7 LA13 CEDAR RAPIDS • DES MOINES L 19 December 31 1979 1978 In thousands LIAHILnM AND SHAREHOLDERS' EQUITY Current Llabiliffes Short-term borrowings (note 3) $ 9,683 $ 2,774 Current maturities of long-term liabilities 11,939 11,456 (note 4) 145 197 Accounts payable 7,788 6,805 Accrued liabilities 6,755 7,450 Income taxes 6,595 8,705 Dividends payable 2,921 2,535 Total Current Liabilities 33,887 28,466 Long•TermLiabHDies (note 4) 1,848 1,940 Deferred income Taxes 3,763 2,863 Shareholders' Equity (not es5and 6) Common stock 3,872 3,868 Additional paid -in capital 11,939 11,456 Retained earnings 125,369 107,036 Less cost of treasury stock (1,346) (1,154) Total Shareholders' Equity 139,834 121,206 Total Liabilities and Shareholders' Equity $179,332 $154,475 MICROFILMED BY JORM MICR+LAB i. CEDAR RAPIDS • DES MOINES I 20 Consolidated Year Ended December 31 1979 1978 Statements In thousands (except per share data) U Earnings EARNINGS and Retained Net Sales $226,440 $189,860 Earnings Costs and Expenses Cost of sales 105,034 87,156 Marketing, general and administrative 57,167 48,105 Research and development 10,431 8,739 172,632 144,000 Earntngs Earnings from operations S3,608 45,860 Other income—net 96S 1,315 Earnings before income taxes 54,773 47,175 Income taxes (note 2) 24,757 21,800 Net Earnings $ 30,016 $ 25,375 Share Data Earnings per share $ 3.91 $ 3.30 "– Dividends per share $ 1.52 $ 1.26 Average shares outstanding 7,685 7,689 RETAINED EARNINGS " - Retained earnings at beginning of year $107,036 $ 91,349 Net earnings 30,016 25,375 137,052 116,724 Dividends declared on common stock 11,683 9,688 I Retained earnings at end of year $125,3" $107,036 J � I I i �i iSao notes to consolidated financial atole mants. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Consolidated Statement of Changes in Financial Position 21 Year Ended December 31 1979 1978 In thousands Working Capital provided From 13,474 11,705 Operations: 5,565 6,241 Net earnings $30,016 $25,375 Expenses not currently requiring working capital: 417 582 Depreciation 5,1169 4,969 Provision for non-current deferred 6,909 (1,248) income taxes 900 623 (Gain) loss on disposal of property, 25,773 22,985 Plant and equipment (25) 55 Common stock issued as compensation 62 50 Provision for long-term deferred 3116 612 compensation 29 28 Total from operations 36,1151 31,100 Restricted stock incentive award 367 _ Sale of common stock under stock option plans 203 8 Sale of property, plant and equipment 231 187 Long-term foreign borrowing 6 730 37,731 32,025 Working Capital Used For Expenditures for properly, plant and equipment 13,474 11,705 Long-term foreign certificate of deposit 5,565 6,241 Dividends declared — 11,6{3 730 9,688 Purchase of treasury shares 417 582 Decrease in long-term liabilities 127 196 Increase in deferred charges and 6,909 (1,248) other assets 72 84 Accountspayable 25,773 22,985 Net Increase InWorkdngCapital $11,965 $ 9,040 Working Capital Changes Increase (decrease) in current assets: Cash and short-term investments $(5,752) $ 6,965 Receivables—net 5,565 6,241 Inventories 11,244 668 Prepaid expenses (671) 817 Increase (decrease) in current liabilities: 17,316 14,691 Short-term borrowings 6,909 (1,248) Current maturities of long-term liabilities (S2) 28 Accountspayable 913 (148) Accrued liabilities (NS) 2,766 Income taxes Dividends payable (21110) 3,641 3116 612 5,421 5,651 Mel Increase in Working Capital $11,965 $ 9,040 Soo nolos to consolidated financial slalomonts. MICROFILMED BY JORM MICR LAB CEDAR RAPIDS •DES MOINES 22 Notes to Consolidated Financial Statements L SUMMMY Of SIGNIFICANT ACCOUNTMG POEIClCS Principles of Consolidation The consolidated financial statements include the accounts of the Corporation and its subsidiaries, all of which are wholly owned. Intercompany transactions have been eliminated in consolidation. Translation of foreign Currencies Accounts of foreign operations are translated into U.S. dollars in accordance with Statement #8 of the Financial Accounting Standards Board. Aggregate net exchange gains, including gains and losses resulting from forward contracts, translation of foreign currency balance sheets and realized exchange transactions were $123,000 in 1979 and $295,000 in 1978. Short -Term Investments Short-term investments of $20,416,000 at December 31, 1979 ($24,986,000 at December 31, 1978) are carried at cost which approximates market. Inventories Inventories acquired or manufactured in the latter part of the year are carried at the lower of standard cost (which approximates actual cost on a first -in, first -out basis) or market. Inventories acquired or manufactured in the early part of the year or which remain from previous years are carried at the lower of the appropriate year's standard cost (adjusted downward for obsolescence and inactivity) or current market. Property. Pled and Equipment Property, plant and equipment are stated at cost. Expendi tures for maintenance and repairs are charged to costs and expenses as incurred. Significant renewals and better- ments which extend the lives of assets are capitalized. Depreciation for financial reporting purposes is computed principally on the straight-line method over the estimated useful lives of the assets. Pension Plans The Corporation and its subsidiaries have several pension plans which are generally non-contributory by the em- ployee. Pension costs incurred are funded. The cost of the plans for 1979 and 1978 amounted to $4,357,000 and $3,504,000, respectively, including, as to most of the plans, amortization of prior service cost over 10 years. 1979 costs include a $551,000 provision to increase the minimum level of retirement benefits to retirees. The unfunded vested liability at December 31,1979 was approximately $2,600,000. Income Taxes The Corporation provides deferred income taxes to record the income tax effect of liming differences which occur when transactions are reported in one period for financial reporting purposes and in another period for tax purposes. Such liming differences relate primarily to accelerated depreciation, pension expense, certain accruals not yet deductible for tax purposes and undistributed earnings of foreign subsidiaries expected to be distributed to the Corporation as dividends in the future. Deferred income MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES taxes are not provided on undistributed earnings of foreign subsidiaries ($2,000,000 at December 31, 1979 and 1978) to the extent that those earnings are expected to be permanently reinvested in the subsidiaries or where they could be remitted in tax-free transactions. The investment tax credit is treated as a direct reduction of income tax expense in the year that the eligible assets are placed in service. Such credits were $705,000 in 1979 and $525,000 in 1978. Earnings per Common Share Earnings per common share are computed by dividing the net earnings by the weighted average shares of common stock outstanding during the year. The effect on earnings per share resulting from the assumed exercise of outstand- ing options is not material. 2. INCOME TAXES The components of income tax expense are as follows In thousands 1979 1978 Current Federal $13,113 $13,190 Foreign 6,426 6,629 Slate and local 2,653 1,838 Total current 24,192 21,657 Deferred 1a) (.7) Federal 242 (381) Foreign 323 524 Total deferred 565 143 $24,757 $21,800 The reconciliation between the Federal statutory tax rate and the Corporation's effective consolidated tax rale follows: 1979 1978 Federal statutory tax rate 46.0% 48.0% Increase (reduction) resulting from: Slate tax—net of Federal tax benefit 2.6 2.0 Tax exempt income (2.6) (3.1) Other 1a) (.7) Effective tax rate 45.2% 46.2% 3. SHORT-TERM BOHROWUMS The Corporation's short-term borrowings amounted to $9,683,000 at December 31, 1979, at a weighted average interest rate of 14 %. Average borrowings during the year amounted to $6,933,000 at a weighted average interest rate of 13 %. The highest level of borrowings at any month- end during the year amounted to $11,108,000. Interest expense on short-term borrowings was $916,000 in 1979 and $211,000 in 1978. 4. LONG-TERM LIABILITIES The Corporation's long-term liabilities consist principally of a foreign borrowing due in 1987-1988 with interest at 10 %, long-term deferred compensation accruals and obli- gations under several mortgages which mature at varying dates from 1985 to 1988, with interest at rates ranging from 23 2 % to 6%. Certain of the mortgages are in the form of leases with public development agencies which give the Corporation the right to acquire the property upon pay- ment of the outstanding balance of the mortgage. The lease payments are equal to the annual principal and interest requirements of these mortgages. Principal payments on long-term liabilities due in the five years subsequent to December 31, 1979 are $145,000, $152,000, $160,000, $169,000, and $178,000 respectively. S. CAPITAL STOCK AND PAID -IN CAPITAL Preferred stock: Authorized 500,000 shares without par value. To date, none of these shares has been issued. Common stock: Authorized 20,000,000 shares, par value $.50 per share. The number of shares outstanding at December 31, 1979, 1978, and 1977 was 7,687,586, 7,678,880 and 7,691,247, respectively (excluding treasury shares of 56,955, 57,406 and 44,826 at December 31, 1979,1978 and 1977). The increases are accounted for by shares issued on exercise of stock options, 8,255 in 1979 and 213 in 1978, and as compensation of 10,651 and 1,220 in 1979 and 1978, respectively. 10,200 treasury shares were acquired during 1979 and 13,800 in 1978. Additional paid -in capital: The excess of proceeds and fair market value over par value of previously unissued shares and cost of treasury shares issued on exercise of , stock options and as compensation was credited to addi- tional paid -in capital in the amount of $483,000 in 1979 and $41,000 in 1978. 6. STOCK OPTION AND INCENTIVE PLANS The Corporation has stock option plans which provide for the purchase of the Corporation's common stock by officers and key employees of the Corporation and its subsidiaries. In 1975, the shareholders of the Corporation approved a stock option plan covering 250,000 shares of common stock. This plan provides for granting of both qualified and non-qualified stock options, as determined by the Com- pensation Committee of the Board of Directors, at a price equal to the fair market value on the dale of grant. Quali- fied options have a term of five years while non-qualified options may have a maximum term of ten years. Shares become available for purchase in cumulative installments of 25% each year beginning one year from dale of grant. Under certain conditions, qualified options may be con- verted to non-qualified options. Under the 1970 Qualifiod Stock Option Plan, no further ' options maybe granted and all options outstanding were exercisable until February 4,1980. Shares available for granting of options under the 1975 plan totaled 67,100 shares at December 31, 1979 as com- i pared to 109,325 shares at December 31,1978. MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS - DES MOINES 24 Following is a summary of the option transactions for the years 1978 and 1979: Average Per Share Option Market Shares Price Price Balance at December 31, 1977 197,750 $ 38.09 $ 37.06 Options granted 41,325 34.19 34.19 Options exercised (213) 35.13 41.73 Options terminated (28,400) 46.17 - Balance at December31,1978 210,462 36.24 41.38 Optionsgranted 46,200 41.75 41.75 Options exercised (8,255) 34.31 40.91 Options terminated (37,875) 41.48 - Balance at December 31, 1979 210,532 36.58 41.63 Exercisable at December 31, 1979 96,751 35.37 41.63 At December 31, 1979, a total of 277,632 shares was re- served for issuance under stock options already granted or available for future option grants. In January 1980, the Board of Directors approved the 1980 Stock Option Plan, which will be presented to shareholders foradoption at the May 7,1980 meeting. The plan, which would permit the granting of options until 1985, reserves 300,000 common shares for the granting of stock options under terms and conditions similar to the 1975 Plan except that all options granted will be non-qualified options, the term of which may not exceed ten years. The financial statements and other financial information When options are exercised, the proceeds in excess of the presented in this annual report are stated on the historical par value of the shares issued and any tax benefits to the cost basis. Pursuant to a recent Financial Accounting Corporation as a result of exercise of non-qualified options Standards Board statement, certain of this historical infor- are credited to additional paid -in capital and there is no mation has been restated on a constant dollar basis. This effect on earnings, basis attempts tore cognize the general effects of inflation on the Corporation's operating results and maintenance of capital by adjusting the historical cost information to reflect dollars of equivalent purchasing power, as measured by the Consumer Price Index for all Urban Consumers (CPI -U). Statement of Consolidated Earnings Adjusted for General Inflation for the Year Ended December 31,1979 As Adjustedfor Inthousands Reported General Inflation Net sales $226,440 $226,440 Cost of sales (excluding depreciation) 100,321 105,123 Depreciation 5,869 8,048 Operating expenses (excluding depreciation) 66,442 66,442 Other income -net 965 965 Eamings before income taxes 54,773 47,792 Income taxes 24,757 24,757 Net earnings $ 30,016 $ 23,035 (Loss) in purchasing Power of net monetary assets $ (2,547) 7. COhV4ITMEll TS The Corporation and its subsidiaries are parties to various leases relating to plant, warehouse, and office facilities, automobiles and certain equipment, principally data Processing equipment. All leases expire prior to the year 2005. Real estate taxes, insurance and maintenance ex- penses are normally obligations of the Corporation. It is expected that in the normal course of business, the majority of the leases will be renewed or replaced by other leases. Capital leases are not significant. Rent expense was $4,111,000 in 1979 and $3,076,000 in 1978. Minimum rental commitments under all non -cancellable leases are as follows: In thousands 1980 $ 2,915 1981 2,561 1982 2,315 1983 861 1984 695 Thereafter 5,463 $14,810 a. OUARMMY DATA (UNAUDITED) The 1979 and 1978 unaudited net sales, gross profit, net earnings and earnings per share included in the quarterly review information on page 27 are incorporated herein by reference. 9. MrOMUTION ON E"ZCTS OP CHANGING PRICES (UNAUDITED) In 1978, the shareholders approved a Restricted Stock Incentive Plan. The Plan, which permits issuance of stock awards until 1983, provides for the issuance of a maximum of 75,000 shares of common stock as incentive compensa- tion to key executives, as determined by a committee of non-employee directors, subject to certain restrictions including one which provides for full vesting only if the recipient is in the employ of the Corporation three years after receipt of the stock award. Awards are made based on the attainment of Corporate and personal growth objectives. 8,450 shares were awarded for 1979 and 9,125 shares for 1978. The Corporation also has a Profit Sharing Plan for the benefit of substantially all officers and certain key employ- ees. Payments under the plan are determined by a formula based on return on invested capital as defined, subject to adjustment by a committee of non-employee directors. Awards under the Restricted Stock Incentive and Profit Sharing Plans approximated $760,000 in 1979 and $720,000 in 1978. r MICROFIL711111A11181 JORM MCEDAR RAPIDS 25 Five Year Summary of Selected Financial Data Adjusted for General Inflation -In Average 1979 Dollars In thousands (except per share data) 1975 1976 1977 1978 1979 Net sales $149,742 $162,788 $188,772 $211,314 $226,440 Net earnings 18,490 Overseas 48,180 34,578 $ 23,035 i (Loss) in purchasing power of 226,440 189,860 157,573 5,697 5,660 net monetary assets 13,655 10,549 6,252 Adjustments 6 $ (2,547; Earnings per share eliminations (738) (22) $ 3.00 Dividends per share 1 $ 1.00 $ 1.08 $ 1.20 $ 1.40 $ 1.52 Year end data: Domestic 144,443 118,816 104,287 Market price per share $ 433/4 $ 501/4 $ 431/4 $ 44% $ 393/4 Net assets 14,590 Corporate assets $154,089 Average Consumer Price Index 161.2 170.5 181.5 195.4 217.4 Note: Depreciation expense was calculated using the same methods and rates used In the historical financial statements In the above calculations, cost of sales and depreciation have been restated to reflect changing price levels from the time inventories were produced and productive capacity was put in place to the average price levels in effect during 1979. Sales, operating expenses and other income -net are assumed to have been incurred ratably over the year and, accordingly, no adjustments have been made to these items. The effective tax rate on income before income taxes increases since companies are not allowed any tax re- covery for earnings erosion resulting from inflation. Div- idends and market price per share data have been restated in average 1979 dollars. The loss in purchasing power of net monetary assets, principally net assets less inventories and fixed assets, arises since the Corporation held net monetary assets during a period in which the purchasing power of the dollar declined. The restated data must be analyzed with caution since, while it may assist financial statement users in develop- ing and understanding the more significant impacts of inflation on business enterprises, the data is not necessarily representative of movements in costs of materials and services and costs of productive equipment. Furthermore, the adjusted amounts do not purport to represent appraised values or any other measure of current value. The FASB statement also provides for additional supple- mental information relating to specific prices of resources used by a corporation (current cost). As permitted by the statement, this information will be included in the 1980 Annual Report. However, as in the past several years, the Corporation's annual report on Form 10-K contains certain information with respect to year end 1979 and 1978 replace- ment cost of inventories and productive capacity. to. 119FORMATION RELATING TO OPERATIONS IN DUTERENT GEOGRAPHICAL AREAS The Corporation is engaged in the design, manufaclureand marketing of electrical and electronic components and systems for connecting, fastening, protecting and identify- ing wires and conduits. Operations are conducted in three principal areas: Domestic, Canada and Overseas. Approx- imately 80 % of Overseas sales occur in Europe. Transfers between geographic areas are priced on a basis which yields an appropriate rale of return based on assets em- ployed, risk and other factors. Financial information for 1979, 1978 and 1977 relating to operations in different geographical areas: Inthousands 1979 1978 1977 Sales to Unaffiliated Customers: Canada Domestic $155,878 $136,266 $115,443 Canada 22,382 19,016 18,490 Overseas 48,180 34,578 23,640 Consolidated 226,440 189,860 157,573 Sales or Transfers Between Geographic Areas: Domestic 23,187 15,104 11,259 Canada 453 432 220 Total 23,640 15,536 11,479 Earnings Before Income Taxes: Domestic 34,676 30,951 26,332 Canada 7,180 5,697 5,660 Overseas 13,655 10,549 6,252 Adjustments 6 eliminations (738) (22) (209) Consolidated 54,773 47,175 38,035 Identlffable Assets: Domestic 144,443 118,816 104,287 Canada 8,634 7,149 7,670 Overseas 29,093 23,015 14,590 Corporate assets (principally cash &S -T investments) 4,405 11,591 9,085 Adjustments 6 eliminations (7,243) (6,096) (3,156) Total assets at December 31 179,332 154,475 132,476 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 26 i1 Accountants' Report The Shareholders and Board of Directors Thomas & Betts Corporation: We have examined the consolidated balance sheets of Thomas & Betts Corporation and subsidiaries as of Decem- ber 31, 1979 and 1978 and the related consolidated state- ments of earnings and retained earnings and changes in financial position for the years then ended. Our examina- tions were made in accordance with generally accepted auditing standards, and accordingly included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the aforementioned consolidated financial statements present fairly the financial position of Thomas & Betts Corporation and subsidiaries at December 31, 1979 and 1978 and the results of their operations and the changes in their financial position for the years then ended, in conformity with generally accepted accounting princi- pies applied on a consistent basis. PEAT, MARWICK, MITCHELL & CO. Newark, New Jersey February 7,1980 MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS • DES MOINES 27 Quarterly Review MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1979 1978 1977 1976 1975 1974 Dollars in thousands (except per share data) Netsales $S5,837 $46,525 $38,370 IrMST QUARTER $26,631 $28,419 Gross profit 29,237 22,980 Net sales $54,976 $46,500 $37,480 $31,390 $28,380 $30,733 Gross profit 29,808 22,794 18,174 14,931 12,746 14,121 Eamings before income taxes 14,118 11,960 9,348 7,533 5,977 7,465 Income taxes 6,424 5,550 4,270 3,440 2,750 3,523 Neteamings 74% 6,410 5,078 4,093 3,227 3,942 Eamings per share(1) 1.00 .83 .66 .53 .42 .52 Dividends declared per share .38 .30 .25 .19 .18 .16 Market price ranges 441/2-40 371/2-333/a 405/s-33 42h-33 383/4-253/4 473/s -373/a SECOND QUARTER iNet sales $57,447 Net sales $58,178 $48,152 $40,737 $32,684 $28,079 $31,470 Gross profit 31,522 23,646 19,817 16,132 13,321 14,473 Eamings before income taxes 14,643 12,345 10,339 7,870 6,171 7,847 Income taxes 6,662 5,730 4,730 3,450 2,820 3,573 Neteamings 7,981 6,615 5,609 4,420 3,351 4,274 Earnings per share(t) 1.04 .86 .73 .58 .44 .56 Dividends declared per share .38 .30 .25 .22 .I8 .16 Market price ranges 44.40 471/2-36 38-321/a 43.36 461h-31 499s-393/4 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES TREND QUARTER Netsales $S5,837 $46,525 $38,370 $31,693 $26,631 $28,419 Gross profit 29,237 22,980 18,446 15,690 12,336 13,034 Eamings before income taxes 12,758 11,280 9,218 7,697 5,873 6,700 Income taxes S,6S7 5,230 4,130 3,490 2,670 3,059 Net earnings 71101 6,050 5,088 4,207 3,203 3,641 { Earningspershore(I) .92 .79 .66 .55 .42 .48 Dividends declared per share .38 .33 .25 .22 .19 .18 If Market price ranges 463/4-401/2 481/4-401/4 383/9-35112 43-381/2 421/2-331/o 44-281/4 FOURTH QUARTER iNet sales $57,447 $48,683 $40,986 $31,910 $27,912 $28,485 Gross profit 30,839 24,545 19,305 15,671 13,288 13,299 �, I• Earnings before income taxes 13,254 11,590 9,130 7,539 6,353 5,943 Income taxes 6,014 5,290 4,140 3,380 2,870 2,575 Netearnings 7,240 6,300 4,990 4,159 3,483 3,368 Eamings pershare(1) .95 .82 .65 ,54 .45 .44 Dividends declared per share .38 .33 ,25 .22 .19 .18 Market price ranges 447/s-38'/2 441h-397/9 391/2-351/2 411/s-343/4 373/4-293/a 351/2-24 (1) Basod on avorago shares outstanding In each quartos MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Z8 - Eleven Year Consolidated Financiai jSummary •--„�,sana shares in thousands (except per share data) 19791111 1111111111 Million 1111111111111 smnmalryo9ol,eraH 1978 1977ons 1976 Net sales Costs and expenses: $226,440 $189,860 Cost of sales (including research 6development) Marketing, general 115,465 $157.573 $127,677 and administrative 57,167 95,895 81,831 65,253 i Earnings from o 172,632 48,105 144,000 38,283 31,952 Other income (exp nse)Snet 53,808 45,860 120,114 97,205 Earnings before income taxes Income taxes 965 1,315 37,459 576 30,472 Net earnings 54,773 24,757 47,175 38,035 167 30,639 Percent of sales $ 30,016 21,800 $ 25,375 17.270 13,760 Return on average shareholders' equity 13.3% 13.9 % $ 20.765 $ 16,879 23.0% 22.3 % 13.2 % 13.2 20.9% 19.3 ,medal POSU9on (�yeerend) Current assets Current liabilities $126,660 $109,274 Workingcapifal $ 33,887 $ 28,966 $ 94,583 $ 81,345 Cutrentratio $ 921773 $ 80,808 $ 22.815 $ 17,215 Property, Plant and equipment -net Long-termdebt 3.7901 $ 51,588 .8 3.8 to 1 $ 71,768 4.1 to 1 $ 64,130 Shareholders'equity $ 1,554 $ 189 $ 37,695 9.7 to 1 $ 31,928 $130,634 $ 1664 $121,206 $ 1,045 $ 1,151 $106,043 $ 92,920 Common stock Da9a Dividends declared Percent of net earnings $ 11,683 $ 9,668 Per share: (1) 38.9°/, 362,/ $ 7,690 $ 6,527 Earnings 37.0% 38.7% Dividends declared $ 3.91 $ 3.30 Shareholders'equity $ 1.52 $ 126 $ 2.70 $ 2.20 IS 18.19 $ 15.76 $ 1.00 $ $ .85 j 13,79 $ 12.08 OlherDa9a i Capital expenditures , Depreciation $ 13,474 $ 11,705 Number of employees $ 5,869 $ 4,969 $ 10,338 $ 7,090 j Average shares outstanding (1) 31000 2750 $ 4,373 $ 3979 (1) Restated lorellecla 100%stook dlslrlbulfon In 1973. (2) Altar deducting an 7,685 7,689 2,530 7,690 2,343 7,676 o xlraordlnary charge of $514,000 (7a per share of common stack) not of rotated fncomo lazes. , 141CROFILMED BY JO RM MIC R�L A 13 CEDAR RM105 6 DES MOINES 29 1975 1974 1973 1972 1971 1970 1969 $111,002 $119,107 $103,060 $83,127 $71,206 $65,926 $67,329 - 59,311 64,180 55,621 45,090 39,537 37,373 37,783 1 26,881 26,752 22,306 18,306 15,849 14,312 12,650 86,192 90,932 77,927 63,396 55,386 51,685 50,433 24,810 28,175 25,133 19,731 15,820 14,241 16,896 (436) (220) 681 512 142 33 266 t 24,374 27,955 25,814 20,243 15,962 14,274 17,162 ! 11,110 12,730 12,108 9,431 7,976 7,168 9,151 $ 13,264 $ 15,225 1 13,706 $10,812 (2)$ 7,472 $ 7,106 $ 8,011 11.9% 12.8% 13.3% 13.0% 10.5% 10.8% 17.0% 22.1% 23.2% 21.2% 16.5% 17.0% 21,2% 1) $ 68,262 $ 67,977 $ 55,465 $49,642 $38,965 $35,983 $33,931 Y $ 12,404 $ 19,151 $ 13,230 $12,412 $ 8,229 $ 8,329 $ 7,313 $ 55,858 $ 48,826 $ 42,235 $37,230 $30,736 $27,654 $26,618 } 5.5to1 3.5to1 4.2to1 4.0to1 4.7to1 4.3to1 4.6to1 $ 29,198 $ 28,366 $ 24,273 $19,088 $16,248 $13,440 $12,062 $ 1,253 $ 2,061 $ 2,454 $ 1,824 $ 874 - - $ 82,081 $ 74,095 $ 63,817 $54,482 $47,318 $43,469 $40,245 $ 5,668 $ 5,196 $ 4,577 $ 4,186 $ 3,941 $ 3,930 $ 3,840 42.7% 34.1% 33.4% 38.7% 52.7% 55.3% 47.9 $ 1.73 $ 1.99 $ 1.80 $ 1.42 (2) $ .99 $ .94 $ 1.07 $ .74 $ .68 $ .60 $ .55 $ .52 $ .52 $ $ 10.70 $ 9.69 $ 8.36 $ 7.15 $ 6.23 $ 5.74 ,51 $ 5.33 $ 5,286 $ 7,580 $ 7,887 $ 5,319 $ 3,761 $ 3,378 $ 3,357 1 $ 3,758 $ 3 ,426 $ 2,617 $ 2,194 $ 1,999 $ 1,826 $ 1,570 2,131 2,906 2,439 2,123 1,974 1,935 2,080 i� � 7,656 7,639 7,627 7,608 7,578 7,558 7,528 I MICROFILMED DY JORM MIC R�LAB CEDAR RAPIDS •DES MOINES i Directors Corporate Officers Frederick Barlenstein, Jr. Consultant; formerly Administrative Vice President of Merck 5 Co., Inc. (Pharmaceuticals) Director since 1973 Member of Compensation Committee and Executive Committee Robert V. Berry Vice President -Finance Director since 1972 Years of service: 23 Hobart Betts Principal in the firm of Hobart Betts Associates, Architects Director since 1974 Member of Compensation Committee Peter Cartmell President of Fidelity Union Bancorporation; President and Chief Executive Officer of Fidelity Union Trust Company Director since 1972 Member of Audit Committee and Executive Committee J. Wendell Crain Formerly Vice Chairman of General Medical Corporation (Medical and surgical supplies) Director since 1972 Member of Committee on Directors and Compensation Committee T. Kevin Dunnigan President and Chief Operating Officer Director since 1975 Years of service: 18 Paul A. Gorman Formerly Chairman of the Board President and Chief Executive Officer of International Paper Company Director since 1974 Member of Audit Committee, Committee on Directors and Executive Committee ].David Parkinson Chairman of the Board and Chief Executive Officer T. Kevin Dunnigan President and Chief Operating Officer Ronald P. Babcock Vice President -Con troller Robert V. Berry Vice President -Finance Robert E. Claude Vice President -International Edmond J. Dixon, Jr. Group Vice President James M. Hall VicePresident- Accounting Development MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES William R. Hartman Chairman of the Board, President and Chief Executive Officer of Interpace Corporation (Building products) Director since 1978 Member of Audit Committee Norma Maine Loeser Dean of the School of Government and Business Administration The George Washington University Director since 1979 Member of Compensation Committee Nestor J. MacDonald Formerly Chairman of the Board, President and Chief Executive Officer Director since 1935 Member of Executive Committee Years of service: 54 J. David Parkinson Chairman of the Board and Chief Executive Officer Director since 1968 Member of Committee on Directors and Executive Committee Years of service: 26 Louis Putze Consultant for Rockwell International Corporation (Multinational manufacturer) Director since 1978 Member of Audit Committee Edward D. Thomas Vice President - Corporate Development Director since 1962 Years of service: 23 James D. Hay Vice President -General Counsel J. W. Kearny Hibbard Treasurer David M. Hunihan Group Vice President Edward D. Thomas Vice Presiden t - Corporate Development John F. Walsh Vice President -Personnel Janice H. Way Secretary } 1! „ _1"J Directors Corporate Officers Frederick Barlenstein, Jr. Consultant; formerly Administrative Vice President of Merck 5 Co., Inc. (Pharmaceuticals) Director since 1973 Member of Compensation Committee and Executive Committee Robert V. Berry Vice President -Finance Director since 1972 Years of service: 23 Hobart Betts Principal in the firm of Hobart Betts Associates, Architects Director since 1974 Member of Compensation Committee Peter Cartmell President of Fidelity Union Bancorporation; President and Chief Executive Officer of Fidelity Union Trust Company Director since 1972 Member of Audit Committee and Executive Committee J. Wendell Crain Formerly Vice Chairman of General Medical Corporation (Medical and surgical supplies) Director since 1972 Member of Committee on Directors and Compensation Committee T. Kevin Dunnigan President and Chief Operating Officer Director since 1975 Years of service: 18 Paul A. Gorman Formerly Chairman of the Board President and Chief Executive Officer of International Paper Company Director since 1974 Member of Audit Committee, Committee on Directors and Executive Committee ].David Parkinson Chairman of the Board and Chief Executive Officer T. Kevin Dunnigan President and Chief Operating Officer Ronald P. Babcock Vice President -Con troller Robert V. Berry Vice President -Finance Robert E. Claude Vice President -International Edmond J. Dixon, Jr. Group Vice President James M. Hall VicePresident- Accounting Development MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES William R. Hartman Chairman of the Board, President and Chief Executive Officer of Interpace Corporation (Building products) Director since 1978 Member of Audit Committee Norma Maine Loeser Dean of the School of Government and Business Administration The George Washington University Director since 1979 Member of Compensation Committee Nestor J. MacDonald Formerly Chairman of the Board, President and Chief Executive Officer Director since 1935 Member of Executive Committee Years of service: 54 J. David Parkinson Chairman of the Board and Chief Executive Officer Director since 1968 Member of Committee on Directors and Executive Committee Years of service: 26 Louis Putze Consultant for Rockwell International Corporation (Multinational manufacturer) Director since 1978 Member of Audit Committee Edward D. Thomas Vice President - Corporate Development Director since 1962 Years of service: 23 James D. Hay Vice President -General Counsel J. W. Kearny Hibbard Treasurer David M. Hunihan Group Vice President Edward D. Thomas Vice Presiden t - Corporate Development John F. Walsh Vice President -Personnel Janice H. Way Secretary } 1! „ _1"J �l P MICROFILMED BY ,. JORM MICR+LAB CEDAR RAPIDS • DES MOINES I Peul F. AM... I+mty Ev,m Cnuney Phihp I. Do,.,6, Kenneth H. IUynie H. Itirhmd Smith Imm� I.. Krem1,,6 Jahn F. MrAinnry. Jr. I.. %V. H.FI,' nA Riehnrd G. Sami Edgm II, Rlulr Terry L. Alnnwn lance A. Copped Eli I. e1w, David II. LuFinbill SImA W. I4vrman Fdwa d K 14m.burg Thema, E. Swhrrry W Ahlers, Cooney, Dorweiler, Haynie & Smith Lawyers 300 Liberty Building Sixth and Grand Des Moines, Iowa 50309 (515) 243-7611 September 23, 1980 Ms. Rosemary Vitosh Director, Department of Finance City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Re: $5,500,000 - City of Iowa City, Iowa Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) Dear Ms. Vitosh: At your request, we are furnishing this letter in connec- tion with the proposed City Council proceedings which we pre- viously forwarded to you for adoption by the City Council of Iowa City on September 23, 1980 regarding the proposed Industrial Development Revenue Bond issue for Thomas & Betts Corporation. We have prepared these proceedings taking into con- sideration all known applicable state and federal laws, rules or regulations, and accordingly, these proceedings are legally sufficient for the intended purposes. Very truly yours, AHLERS, COONE , DORWEILER, AYNIE & SMITH By omas E. Stanberry TES:ld MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 083 i i I_ t Iowa City, Iowa, September 23, 1960. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers at the Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John R. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Neuhauser, Perret, Roberts, Vevera, Balmer, Erdahl, Lynch Absent: None I ... L.w.:.1...:...... nan .::._ i:.. J..i.:. r..a..1.:roo.J 4..t..:n.«1}d6Lfhu+W7k7tlYurUY.�i '�P�•� MICROFILMED BY JORM MICR(IiLAB CEDAR RAPIDS • DES MOINES .r Iowa City, Iowa, September 23, 1960. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers at the Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John R. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Neuhauser, Perret, Roberts, Vevera, Balmer, Erdahl, Lynch Absent: None I ... L.w.:.1...:...... nan .::._ i:.. J..i.:. r..a..1.:roo.J 4..t..:n.«1}d6Lfhu+W7k7tlYurUY.�i '�P�•� MICROFILMED BY JORM MICR(IiLAB CEDAR RAPIDS • DES MOINES (Other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $5,500,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project), pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of defraying all or a portion of the cost of the expansion and improvement of the existing manufacturing facilities of Thomas & Betts Corporation located within the City of Iowa City, Iowa, consisting of the construction of an addition to Company's existing facilities and the acquisition and installation of machinery and equipment therein, all to be suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable. It is pro- posed that the proceeds from the sale of said Bonds be loaned by the City to Thomas & Betts Corporation, with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the -- 9 proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) i None i -Z- 7U MICROFILMED BY r. JORM MICR+LAB �; CEDAR RAPIDS • DES MOINES 1'I I (Other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $5,500,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project), pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of defraying all or a portion of the cost of the expansion and improvement of the existing manufacturing facilities of Thomas & Betts Corporation located within the City of Iowa City, Iowa, consisting of the construction of an addition to Company's existing facilities and the acquisition and installation of machinery and equipment therein, all to be suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable. It is pro- posed that the proceeds from the sale of said Bonds be loaned by the City to Thomas & Betts Corporation, with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the -- 9 proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) i None i -Z- 7U MICROFILMED BY r. JORM MICR+LAB �; CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 i Y ' I a After ample opportunity had been given to all persons who at the hearing to express their views for or against appeared the proposal to issue the Bonds, Council Member Neuhauser proposed the following Resolution and moved its adoption. Council Member Roberts seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: I AYES: Neuhauser, Perret, Roberts, Vevera, Balmer, Erdahl, Lynch Nil NAYS: None f The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and I was declared to be effective. The Resolution is as follows: -3- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 RESOLUTION NO. 80-424 RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $5,500,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS 1 CORPORATION PROJECT) OF THE CITY OF IOWA CITY, IOWA. j WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended ( the "Act") , to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable, and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agreement, to Thomas & Betts Corporation, a New Jersey corporation duly qualified and authorized to do business in the State of Iowa (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined there is a public need in the City and its surrounding environs for improved and expanded industrial facilities as proposed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $5,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Thomas &.Betts Corporation Project) of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of its Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) (hereinafter referred to as the "Bonds"), in an amount not to exceed $5,500,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. 1 -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ■r U n �1 Section 2. That at the public hearing conducted by this Council, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the .extent of such conflict, hereby repealed and this Resolution shall be in full force and effect. immediately upon its adoption. Adopted and approved this 23rd day of September, 1980. City of Iowa City, Iowa (Seal) %John R. Ba me Mayor Attest: Abbie Stolfus, citAr Clerk -5- MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES 17x3 r� CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on September 23, 1980, holding a public hearing and approving the issuance of not to exceed $5,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of'said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this ---qa L day of September, 1980. (Seal) Abbie Stol us, C y Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date .last above written. (Seal) Notary Public MICROFILMED BY c JORM MICR+LAB CEDAR RAPIDS • DES MOINES i r� CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on September 23, 1980, holding a public hearing and approving the issuance of not to exceed $5,500,000 aggregate principal amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of'said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this ---qa L day of September, 1980. (Seal) Abbie Stol us, C y Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date .last above written. (Seal) Notary Public MICROFILMED BY c JORM MICR+LAB CEDAR RAPIDS • DES MOINES i � 1 (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: September 23, 1980 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Civic Center 410 East Washington Street Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned - > governmental body will meet at the date, time and place above ,h set out. The tentative agenda for said meeting is as follows: �i �., 1. Resolution Relating to the Holding of a Public Hearing and Approving Proceeding With The Issuance and Sale of Not Tb Exceed $5,500,000 ' Aggregate Principal Amount of Industrial ;,i, •:• '. Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa. 4 i 2. Such additional matters as are set forth on -� the additional 4 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local Y rules of said governmental body. Abb>.e Stolfus, C erk of the I I City of Iowa City, Iowa i f j Posted: Removed: `��y�P� £':ouR•iJ• ip -7- 17,8,3 MICROFILMED BY JORM MICR+LA19 " CEDAR RAPIDS • DES MOINES (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: September 23, 1980 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Civic Center 410 East Washington Street Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Relating to the Holding of a Public Hearing and Approving Proceeding With The Issuance and Sale of Not 4b Exceed $5,500,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 4 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie Stol us, C erk of the City of Iowa City, Iowa Posted: y'&/�dyDRN• AP Removed:^VU�J'cA ?.e.7v17.1Y tf7 -7- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 7 1 Paul F. Ahlers lama Evans Cnanry Philip 1. [Anarilrr Krnngh H. Ilaynir 11. Richud Smilh Llm.w I.. K1,rhrrk Inhn P. \IrKmnrY. Ir 1.. W. Rwebmok Irchanl G. S.mn Edgar H. Ihnlr Terry I-. \lunan Lm a A. Coppock Hi W.", David If Luginhill M.vk W. Ikrcrman Edward tC. lirm6urg Thoma. E. slanhrrry Ahlers, Cooney, Dorweiler, Haynie & Smith Lawyers 300 Liberty Building Sixth and Grand Des \bines, Intva 50309 (515) 243-7611 Ms. Rosemary Vitosh Director of Finance City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 September 16, 1980 Re: $5,500,000 - City of Iowa City, Iowa Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) Dear Rosemary: i I SCP 1 7 196D Enclosed herewith please find five copies of proposed pro- ceedings for consideration by the City Council of Iowa City at its regular meeting scheduled for September 23, 1980. As you will recall, this is the date scheduled for the public hearing on the proposed issuance of the above -referenced Industrial Development Revenue Bonds for Thomas & Betts Corporation in an amount not to exceed $5,500,000. It is my understanding that Mr. Kelly will attend the public hearing on behalf of the Company to respond to any questions about the Project from members of the Council or the public. Mr. Kelly will also present to the Council the facts concerning sewage treatment necessary for expansion of the Company's existing plant as requested by the Council at the August 26, 1980 meeting. I have reviewed the the August 26, n 1 80 meetinsigned withnthe oattached Memorandum ofom Agreement, and everything appears to be in order. I have not, however, received the customary Affidavit of Publication of the notice of public hearing and would appreciate your checking to see that publication was timely made on or before Monday, c,.in September 8, 1980. 7 r ' MICROFILMED BY a JORM MICR+LAB CEDAR RAPIDS r DES MOINES c I Paul F. Ahlers lama Evans Cnanry Philip 1. [Anarilrr Krnngh H. Ilaynir 11. Richud Smilh Llm.w I.. K1,rhrrk Inhn P. \IrKmnrY. Ir 1.. W. Rwebmok Irchanl G. S.mn Edgar H. Ihnlr Terry I-. \lunan Lm a A. Coppock Hi W.", David If Luginhill M.vk W. Ikrcrman Edward tC. lirm6urg Thoma. E. slanhrrry Ahlers, Cooney, Dorweiler, Haynie & Smith Lawyers 300 Liberty Building Sixth and Grand Des \bines, Intva 50309 (515) 243-7611 Ms. Rosemary Vitosh Director of Finance City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 September 16, 1980 Re: $5,500,000 - City of Iowa City, Iowa Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) Dear Rosemary: i I SCP 1 7 196D Enclosed herewith please find five copies of proposed pro- ceedings for consideration by the City Council of Iowa City at its regular meeting scheduled for September 23, 1980. As you will recall, this is the date scheduled for the public hearing on the proposed issuance of the above -referenced Industrial Development Revenue Bonds for Thomas & Betts Corporation in an amount not to exceed $5,500,000. It is my understanding that Mr. Kelly will attend the public hearing on behalf of the Company to respond to any questions about the Project from members of the Council or the public. Mr. Kelly will also present to the Council the facts concerning sewage treatment necessary for expansion of the Company's existing plant as requested by the Council at the August 26, 1980 meeting. I have reviewed the the August 26, n 1 80 meetinsigned withnthe oattached Memorandum ofom Agreement, and everything appears to be in order. I have not, however, received the customary Affidavit of Publication of the notice of public hearing and would appreciate your checking to see that publication was timely made on or before Monday, c,.in September 8, 1980. 7 r ' MICROFILMED BY a JORM MICR+LAB CEDAR RAPIDS r DES MOINES c i, i e 31L F 1 Ms. Rosemary Vitosh September 16, 1980 Page 2 If the enclosed proceedings are satisfactory, I would appreciate receiving from you three completed and signed copies following their adoption for later inclusion in the bound Bond transcripts. If you have any questions with regard to the enclosed proceedings or any other matters relating to this financing, please feel free to give me or Tom Stanberry a call. Very truly yours, AHLERS, COO Y, DORWEILER, HAYNIE & SMITH By aw James L. ((Krambeck JLK:gra Enclosures cc: Mr. J. W. Kearny Hibbard Mr. Eugene Kirby, Jr. Mr. John Hayek Mr. Neal Berlin Mr. Martin J. Kelly MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES a e 1 3 1� 9 ' I , i _ { i i a RESOLUTION NO. 80-425 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE BETWEEN CITY OF IOWA CITY AND WASHINGTON PARK, INC. FOR THE DAVIS BUILDING, 601 SOUTH GILBERT STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa has negotiated a lease with Washington Park, Inc., for the rental of the third floor of the Davis Building, and WHEREAS, the City Council deems it in the public interest to lease portions of the Davis Building, 601 S. Gilbert Street, Iowa City, Iowa for the purpose of office space from September 15, 1980 to June 30, 1981, at a rate of $330 per month. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor is hereby authorized to sign and the City Clerk to attest the lease with Washington Park, Inc. 2. That the City Clerk shall furnish copies of the lease to any citizen who requests it. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 23rd day of Se ember 1980. AYOR ATTEST: K ITY CLERK MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES APECEIM 3 LPPRDVM yk LEGAL DEPAART: iT - _/ y& a I CEDAR RAPIDS • DES MOINES I IOWA STATE EAR ASSOCIATION �--, FOR THE LEGAL EFFECT OF THE USE ORlclal Form No. 30 rt•••.e.n Ilan ml. w m.., seas, �1 OF THIS FORM, CONSULT YOUR LAWYER �•<�� LEASE -BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this 15thday of September 19 80 , by and between Washington Park, Inc. hereinafter called the "Landlord") whose address for the purpose of this lease Is 601 South Gilbert Street, Iowa City Iowa 52240 (Street and NumLw) (city) and The City of Iowa City, Iowa (Slate) (Zip Code) (hereinafter celled the "Tenaner') whose address for the purpose of this lease is 410 East Washington Street, Iowa Citv (Street and NumbeQ (city) Iowa' 52240 WITNESSETH THAT: (Stale) (Zip Code) 1. PREMISES AND TERM. The Landlord, in consideration of the tools heroin reserved and of the agreements and conditions here• in contained, on the pert of the Tenant to be tent and performed, leases unto the Tenant and Tenant hereby rents and leases from Lend• lord, according to the terms and provisions heroin, file following described real estate, situated in Johnson County, Iowa, to wit: Approximately 800 square feet of office space formerly occupied by the East Central Iowa Council of Governments on the 3rd floor of 322 E. Washington Street, Iowa City, Iowa, with the improvements thereon and all rights, oesoments and appurtenances thereto bolo``''=1��inq, which, mora particularly, includes the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a t.lol I_10 1/2 mont'syy, coeesealeg of mist• 1 1glif of the day previous to the first day of the lease term, which shell be on fho 111115th day of September I!� and esding of midnight on the lest day of the lease form, which shell be on the 30th day of June I9�l , upon the Condition that the Tenant pays rant therefor, end otherwise parforms as in this lease provided. Additional thirty (30) day extensions of this lease at the same terms are allowed up to June 30, 1982. 2. RENTAL Tenant agrees to pay to Landlord as rental for sold form, as }allows, $330.00 ------ per month, In advance, the first roof payment becoming due upon SMhe XAyAW fiiYcl(t1o51}6t{tfKAX9}fdf one Ib) the 1 at day of r)rtnhar , 19�_, and the some amount, per month. In advance, on the 1St day of each month thereafter, during the form of this lease. XrCC49f�1fp1{?PkDlh�k9ff { p4rkk hChbRtk5d941i':S 3�k�C°�f 4C IS9C� Tenant agrees that the first payment made on October 1, 1980 shall be in the amount of $495.00 to cover the period from September 15, 1980 through October 31 1980. All sums shall be paid at The address of Landlords, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Delinquent payments shall draw interest at 9 a/ per annum from the duo data, until paid. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the farm of this lease, and shall yield possession to the Landlord at the lime and dale of the close of Ihis lease Term, mcepf as heroin otherwise expressly provided. Should Landlord be ER• able to give possession on said date. Tenant's only damages shall be a rebating of fho pro rata renfol. 4. USE OF PREMISIS. Tenant covenants and agrees during the term of this lease to use and to occupy the leased promises only for For restrictions on such use, sea paragraphs 6 (c), 6 (d) and 11 (b) below. S. 9UIIT ENJOYMENT. Landlord covenants that its estate In said premises Is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demise promises for the form of Ihis lease free from moleslaIhm evfclton or disturbance by the Landlord or any other persons or legal enlily whatsoever. (But sae paragraph 14, below.) Landlord. shell have Iha right to mortgage all of its right, title, inlorad in said promises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES, (e) Tenant takes said promises In their present condition except for such repein and ellerations as may be expressly herein provided. a x M m FY4 Ia. LEASE -BUSINESS PROPERTY e)e)9 TII �,•al Ir.,ww�. T. wr an.r YI M UI• I••n n., M ,nnar,e M •M I,nwr ,wwlww, In owns, rose in. b.. sea. a.r awwl.uw. ihh Pdm1nt: Alnrh, l9te 1 7 I CEDAR RAPIDS • DES MOINES I IOWA STATE EAR ASSOCIATION �--, FOR THE LEGAL EFFECT OF THE USE ORlclal Form No. 30 rt•••.e.n Ilan ml. w m.., seas, �1 OF THIS FORM, CONSULT YOUR LAWYER �•<�� LEASE -BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this 15thday of September 19 80 , by and between Washington Park, Inc. hereinafter called the "Landlord") whose address for the purpose of this lease Is 601 South Gilbert Street, Iowa City Iowa 52240 (Street and NumLw) (city) and The City of Iowa City, Iowa (Slate) (Zip Code) (hereinafter celled the "Tenaner') whose address for the purpose of this lease is 410 East Washington Street, Iowa Citv (Street and NumbeQ (city) Iowa' 52240 WITNESSETH THAT: (Stale) (Zip Code) 1. PREMISES AND TERM. The Landlord, in consideration of the tools heroin reserved and of the agreements and conditions here• in contained, on the pert of the Tenant to be tent and performed, leases unto the Tenant and Tenant hereby rents and leases from Lend• lord, according to the terms and provisions heroin, file following described real estate, situated in Johnson County, Iowa, to wit: Approximately 800 square feet of office space formerly occupied by the East Central Iowa Council of Governments on the 3rd floor of 322 E. Washington Street, Iowa City, Iowa, with the improvements thereon and all rights, oesoments and appurtenances thereto bolo``''=1��inq, which, mora particularly, includes the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a t.lol I_10 1/2 mont'syy, coeesealeg of mist• 1 1glif of the day previous to the first day of the lease term, which shell be on fho 111115th day of September I!� and esding of midnight on the lest day of the lease form, which shell be on the 30th day of June I9�l , upon the Condition that the Tenant pays rant therefor, end otherwise parforms as in this lease provided. Additional thirty (30) day extensions of this lease at the same terms are allowed up to June 30, 1982. 2. RENTAL Tenant agrees to pay to Landlord as rental for sold form, as }allows, $330.00 ------ per month, In advance, the first roof payment becoming due upon SMhe XAyAW fiiYcl(t1o51}6t{tfKAX9}fdf one Ib) the 1 at day of r)rtnhar , 19�_, and the some amount, per month. In advance, on the 1St day of each month thereafter, during the form of this lease. XrCC49f�1fp1{?PkDlh�k9ff { p4rkk hChbRtk5d941i':S 3�k�C°�f 4C IS9C� Tenant agrees that the first payment made on October 1, 1980 shall be in the amount of $495.00 to cover the period from September 15, 1980 through October 31 1980. All sums shall be paid at The address of Landlords, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Delinquent payments shall draw interest at 9 a/ per annum from the duo data, until paid. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the farm of this lease, and shall yield possession to the Landlord at the lime and dale of the close of Ihis lease Term, mcepf as heroin otherwise expressly provided. Should Landlord be ER• able to give possession on said date. Tenant's only damages shall be a rebating of fho pro rata renfol. 4. USE OF PREMISIS. Tenant covenants and agrees during the term of this lease to use and to occupy the leased promises only for For restrictions on such use, sea paragraphs 6 (c), 6 (d) and 11 (b) below. S. 9UIIT ENJOYMENT. Landlord covenants that its estate In said premises Is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demise promises for the form of Ihis lease free from moleslaIhm evfclton or disturbance by the Landlord or any other persons or legal enlily whatsoever. (But sae paragraph 14, below.) Landlord. shell have Iha right to mortgage all of its right, title, inlorad in said promises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES, (e) Tenant takes said promises In their present condition except for such repein and ellerations as may be expressly herein provided. a x M m FY4 Ia. LEASE -BUSINESS PROPERTY e)e)9 TII �,•al Ir.,ww�. T. (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the I Perls of the building in glad roof, structural pert of the floor, walls end other stmt• Iwerales. (e) TENANT'S DUTY OF CARE MAINTENANCE. m Tenant shall, offer laking poss/""( of said premises end until the termination of this looend the actual removal from the prom Bos. at ifs awn expense, cera for and maintain said premises in a reasonably safe and service• able condition, except for structural parts of the building. Tenant will furnish its own interior and mlerior decorating. Tenant will not ormit or *XXcif$CdVf,f 1dhfikArahYMrYallow said Premises to be T4Y,uvd at un�v.�uuv��.:�.by any act .or ............ the TonanL its agents or emoloveas. ahiGWisXM.545 M. and Tenant agrees to loop faucets closed so as to prevent wnsto of water and flooding of premises: to promptly lake caro of any leakage or Stoppage in any of the water, qIs or waste pipes. The Tenant agrees to maintain adequate heat to provanf fnasing of pipes, If and only If the o}her terms of this lease fix responsibility for heating upon the Tenant. Tenant at its own expense may install floor cover. Ing and will maintain such floor covering in good condition. Tenanf will be responsible for the plate glass In the windows of the leased promises and for maintaining the parking area, driveways and sidewalks an and abuffing the leased premises, If the leased premises Include the ground floor, and If the other forms of this lease Include premises so described. Tenant shall make no structural alterations or Improvements without the written approval of the Landlord firs} had and obtained, of fho plans and speclficatlons therefor. (d) Tenant will make no unlawful use of said premises end agrees to comply with all valid regulelions of the Board of Health, City Ordi• nences or applicable municipally, the lows of the Stele of Iowa and the Federal government, but this provision shall not be conslmed as creating any duty by Tenant to members of the general public. If Tenant, by the terms of This lease is leasing premises on the ground floor, it will not allow trash of any kind to accumulate on said promises in the halls, if any, or the alley or yard in front, side or rear thereof, end it will remove tame from the premhos at its own expenie. Tenant also agrees to remove snow, and ice and other obstacles from the sidewalk an or abutting the promises. if premises include the ground floor, and if this lease may be fairly construed to impose such liability on the Tenant. 7. (a) UTILITIES AND SERVICES. Tananl during the farm of this louse, shall pay, before delinquency, all charges for use of Colo• phone, water, sewer, gas, heat, (if hooting is Tonent's responsibility), olectr;c;ty. power, air conditioning (if air conditioning is the Tenant's responsibility), garbage disposal, trash disposal and not Ifmilod by the foregoing all other utilities and sorvices of whatever kind and nature which may be used in or upon Iho demised premises. Landlord will furnish heat, hot and cold water and public restrooms. (b) AIR CONDITIONING equipment shall be furnished If the expense of landlord and maintenance thereof at (Landlord or Tenant) the aspens, of landlord, but tenant will provide electricity. (Landlord or Tenant) (c) JANITOR SERVICE shall be furnished at the expense of — tenant Landlord or Tenant) (d) HEATING shall be furnished at the expanse of landlord (Landlord or Tenant) B. (aI SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this lease. it will swrondor, yield up and deliver tiro leased promises in good and clean condition, except the effects of ordinary wear and fear and depreciation arising from lapse of time, or damage without fault or liability of Tenant.)Sea also I I (e) end I I (e) below) (b) Tenant may, at the aspiration of the term of this loam, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant Is not in default hereunder, remove any fixluros or equipment which said Tenant hes installed in the leased promises, providing said Tenant repairs any and all damages caused by removal. (c) HOLDING OYER, Continued possession, beyond the espiralory data of the term of this lease, by the Tenant, coupled with the racefpl of the specified rental by the Landlord (end absent a written agreement by both parties for an extension lease) shall constitute a month to month axlonsion of this lease. of this lease, or for a new 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the promises or any part thereof, with. out the Landlord's written permission shall, at fho option of the Landlord, make the rental for the balance of the lease form due and payable at once. Such wrillon permission shall not be unreasonably withheld. 10, (a) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided In this paragraph 10, lavfed or assessed by law. ful authorily (but reasonably preserving Largll ids rights of appael) ageinsl said real the following propart;ons: by Landlord t a0 oat property shell be timely paid by the pasties in / by Tenant %, 161 Increase in such fares, except as in the next paragraph provided, above the amount paid during the base year of (base year if and as may be defined in Ihis paragraph) shell be paid by Landlord, 10 0 %: by Tenant °%. (c) Increase in such texas caused by improvements of Tenant shell be paid by Landlord %: by Tenant 100 /s• lew(uldeu "ONbAL "O"'T' TAXES. Tenant agrees to timely pay all fever, assessments or of her public charges levied nr assessed by lease. N ( y preserving Tenants rights of appeal) against its personal property on The premises, during the term of this (e) SPECIAL ASSESSMENTS, Special assottmonts shall be limely paid by the parties in the following proporllonst by the Landlord 1 00 %; by the Tenant /o• i 11. INSURANCE. (a) Landlord and Tenant will each keep ill rnspectivo Property interests in the premises and ifs Ilabilify in regard thereto, and the personal properly on the promises, reasonably insured against hazards and casuallles; that is, fire and those items usually eov orad by extended coverage; and Tenant will procure and deliver to the Landlord a certification from the respective Insurance companion to that affect. Such insurance shall be made payable to the parties hereto as their interests may appear, except that the Tenant's share of such insurance proceeds are hereby esdgned end made payable to the Landlord to secure Pont or other obligations then due and owing Landlord by Tenant. [Sea also I I (a) below) (6) Tenant will not do or calif the doing of any act which would vilinlo any insurance, or increase the insurance rales in force upon the real eOalo improvements an the promises or upon any punnnal property of the Tenant upon which the Landlord by law or by the forms of this lease, has or shell have a lien. (c) Subragatlon rights are not to be waived unless a special provision Is attached to this lease. (dl Tenant further agrees to comply with recommnndattons of Iowa Insurance Service Bureau and to be liable for and to promptly pay as if current rental, any increnre in insurance ratus on slid pramitoi and on th or haz,rds ree building of which said premises are a part, duo to increased ibis resulting from Tenant's we of INA,premiros otherwfsa than as heroin contemplated and agreed, (e) INSURANCE PROCEEDS. Landlord shell settle and adjust any claim against Any insurance company under its said policies of insurance for the promises, and said insurance monies shall be paid to and hold by the Landlord to be used in payment for cod of repairs or restoration of damaged building, if Ilia destruction is only partial. [See site I I(a), above) 12) S 1777 ICEDAR RAPIDS DES MOINES 12. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, arising out of roof and structural parts of the building. Tenant will protect, indemnify and save harmloss the Landlord from and against any and all lass, tails, demage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury end/or damage to tiny person or property, happening or done. in, upon or about the leased promises, or duo directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Tenant or any parson claiming through or under the Tunenf. The Tenant further covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts not loss than $100,000 for any one parson injured, and $500,000 for any one accident, and with the limits of $25,000for prop - city damage, protecting the Landlord against such claim, damages, cosh or expanses on account of injury to any person or penonr, or 10 tiny property belonging to any person or persons, by reason of such casualty, accident or other happening on or about the demised premises during the term thereof. Certificates or cop;os of said policies, naming the Landlord, and providing for fifteen (151 days' notice to the Landlcrd before cancollntion shall be del;vored to the Landlord within twenty (20) days from the data of the beginning of the term of this lease. As to ;nsuranco of the Landlord for roof and structural faults, sea paragraph Ills) above, 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the want of a partial destruction or damage of the leased promises, which is a business interference. that is, which provonts the conducting of a normal butinats operation and which damage is reasonably repairable within sixty (60) days after its occurrence. this lease shall not terminate but the rent for the leased premises shall abate during the limo of such business interference. In the avant of partial destruction. Landlord shall repair such damages within 60 days of Its occurrence unless prevented teem so doing by acts of God, the elements. the public enemy, strikes, viols, insanoction, government regulations, city ordinances, labor, malarial or transportation shortages, or other causes beyond Land• lord's reasonable control. (b) ZONING. Should the inning ordinance of the city ormuniclpnhly in which this properly is located make it impossible for Landlord, uang diligent and timely effort to obtain necessary permits and to repn;r and/or eebuild so that Tenant is not able to conduct its business on these premitos, than such partial destruction shell be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the looted promises Including the park. Ing area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct fax business on the premises or the then currant legal use for which the promises aro being used and which damages cannot be ropa;rod within sixty (60) days this lasso may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written noico of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten 110) days after such notice issues, and each party shell be released from all future obligations hereunder, Tenant paying rental pro rate only to the data of such destruction. In the event of such tenn;nntiun of This lease, Landlord at its option, may rebuild or not, according to its own wishes and needs. 14. CONDEMNATION. la) DISPOSITION OF AWARDS. Should the whole or any part of the damised premises be condemned or taken by a competent authority for any public or oews;-publ;c use or purpose. each party shall be entitled 10 retain, as its own properly, any sward payable to it. Or in the event that a sin:)Ic entire award is made an account of the condemnation, each party will than be an. titled to tale such proportion of said award ns may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the domised premises shall be :o condemned or taken, the Landlord shall not be I;ablo to the Tenant except and as its rights are presorvad as in paragraph 14(a) above. 15, TERMINATION OF LEASE AND DEFAULTS OF TENANT. la) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall form;nale upon expiration of the demised form; or if this lease expressly and in writing provides for any option or options, and if Any such option is exercised by the Tenant, then this lease will terminate at the expiration of the option farm or terms. Upon default in payment of rental herein or upon any other default bi Tenant in accordance with the farms and provisions of this lease. this lease may at the option of the Landlord be cancelled and forfeited, PROVIDED. HOWEVER. before any such cancellation and for. fc;lure except as provided in IS(b) below, landlord shall give Tenant a written notice tpacify;ng the default, or defaults, and stating that this lease ;If be cancelled and forfeited ton (I0) days after the giving of such notice, unless such default, or defaults, are omed;ad within such grace period. (Sea paragraph 22, below.) As an additional optional procedure or as an alternative to the foregoing land neither exclus;vo of the olher) Landlord may proceed as in paragraph 21, below, provided. lb) BANKRUPTCY OR INSOLVENCY OF TENANT. In the avant Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's taasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or tet aside within ton (10) days from the giving of notice thereof by Landlord to Tenant, than and ;a any such events. Landlord may, at its option, immediately terminale this lease. re-enter said promises, upon giving of ten (10) days' .,;lien notice by Landlord to Tenant, all to the extant permitted by applicable law, (c) In In) and (6) above, waiver as to Any default shall not const;tute a waiver of nay subsequent default or defaults. Jul Acceptance of koys. advertising and re-ronting by the Landlord upon the Tonant's default shall be construed only as an effort to miff. gets damages by the Landlord, and not as an agreement to ferm;nato this lease. 16. RIGHT OF EITHER PARTY TO MANE GOOD ANY DEFAULT OF.THE OTHER. If default shall be made by either party in the performance of. or compliance with, Any of the Iermt. cnvonnnts or conditions of tilt lease, and such default shall have continued for thirty 130) days after written notice thereof from one patty to the other, Iho poison aggrieved, in Addition to all other remedfos now at hereafter provided by law, may, but need not, perform such term, covenant or condition, or main good such default and any amount advanced shall be repaid forthwith on demand, Ingather w;!h infetett at the into of 9 __% par annum, from date of advance. 17. SIGNS. (a) Tenant shall hnve the right and privilege of allnch;nq. affixing, painting or exhibiting signs on the leased promises, provided only III that any and all signs shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa; 12) such signs shall not change the structure of the building; (3) such signs if and when talon down shall not danlago the building; and (4) such signs shall be subject to the wrilton approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this lease, or extension, shall have the right to maintain ;n the windows or on the build. ing or on the promises either or both a "For Rant" or "For Sale" sign and Tenant will pormfl, at such time, pratpective tenants or buyers to onlo( and examine the promises. IB. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right la file or plocu any machan;Cs lion or other lion of any kind or character whatsoever, upon said promises or upon any building or improvement there. an, or upon the leasehold interest of the Tenant Iherain. and notice is heroby g;von that no contractor,-sub-conlraefor, or anyone also who mayfurnish any malarial, service ar labor for any building, impprovomontx. alleral;on, repairs or any part lhoreof, shall at any lima be or become ens;tlAd to any lien Ihoreon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof it advance, to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. la) Said Landlord shall have, in Addition to the lien given by law, a security interest as providad by the Uniform Commorcial Code of Iowa, upon all personal properly and all substitutions tharafer, sail and used on said promises by Tenant. Landlord may proceed of few or ;n equity with tiny romedy provided by law or by fh;s lease for the recovery of rent, or for termination of this loam because of Tenant's default in its porlormanco. (b) SPOUSE. If spou:o is not a Tenant, then the axecution of Ih;s ;nstrumenl by the spouso shall be for the sole purpose of cradling a security interest on personal properly and waiving rights of homestead, rights of c4stributivo share, and wompl;ons. 20. SUBSTITUTION OF E9UIPMENTI MERCHANDISE, ETC. (a) The Tenant shall have the right, from lime to time, during the farm of Ods taste, or renewal thereof, to sell or otherwise dispose of any personal properly of the Tenant situaled on the said sheathed promises, when in the judgment of the Tenant it shall have become obiolefe, outworn or unnocasiary in connection with the operation of the business on said promises; provided, however, that the Tenant shall, in such ;nslance (unless no substiluled article or Item is necessary) at its own arponso, substitute for such ;lams of personal property so sold or otherwise disposed of, a now or other item in substitution thereof, In like or greater value and adopted to the Mind opera Non of the businan upon the transited promises. (b) Nothing heroin conlalnod shall be conomod as dany;ng to Tenant the right to chrawo of invonloded maechand;se ;n the ordinary course of the Tenant's trade or business. Os ,11.1,1 inir er In. tun ru.n w 1„wlul m .1 11.14.ilAoul Iil;nllot 1111 al lilinV Il, W. i 1�. I.11 x. 1 t.1 ­„areil O �. 131 JORM MICR+LAB CEDAR RAPIDS a DES MOINES 21. RIGHTS CUMULATIVE. The various righls, powers. options, aloations and rmeadias of either party, provided in Ihis lease, shell be construed as cumulative and no oar—••{ them as exclusive of Ihe othan, or amlasivu of nyyarighfs, remedies or prioritios ellowod oilhor party by law, and shall in no way offs impair the right of either party to pursue any other •:+table at legal remody to which either party may be entitled as long as any dofeu,. smains in any way unremodied. unsal;;f;ed or und,. .ged. 22. NOTICES AND DEMANDS. Notices as provided for In this lease shall be given to the respective parties horeto of the r"pective addresses dosigaafed on page one of this lease unless oilhor party notiGas the other, in wrilinq, of a difforont addross. With. out prejudice to any other method of noli(y;ng a party in writing or unsling a demand or olbor communication, such message shall bn considered given undo, the terms of this lease when sant, addressed as above designated, paslago prepaid. by registered or cediliod mail, return receipt requested, by the United Slate mail and so deposited in a United Slates mail be,. 27. PROVISIONS TO RIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein can• tained shall a•lend to and be binding upon the respective successors, heirs, administrators, executor% and e:s;gns of the parties hereto; except that if any part of this lease is hold in joint tenancy, the successor in interest shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions. loans nr coad;f;nns of !his loose to be lept or performed by Landlord or Tenant shall be in any manner modified. waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 25. RELEASE OF DOWER. Spouse of Landlord, appears as a party signatory to this lease solely for Iho purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in Iho lensed promises. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine. feminine or neuter gander according to the contest. 27.(a) Any improvements made by lessee shall remain at termination of this lease. IN WITNESS WHEREOF, the parties hereto hove duly executed this lease in duplicate the day and year first above written. WASHINGTON PARK, INC. CITY OF IOWA CITY, IOWA l ,. BY: Y ij/lC� �; . i Bruce R. Glasgow, )tXKDUft5CXNFM Mayor 50 President X7ii( M;tlfdiXOiK �f01MkXl{lCtfXK BY: y� =4 61454261 ;.;hUK Cijfy Clerk INDIVIDUAL •tees• STATE OF SS. revue•, COUNTY OF ewr• ,•..w WNW— On this day of 19 before me, the undersigned, a Notary Public in and for said County and Guesses .na , e is Slate, personally appeared and to no, personally known to be the identical parsons named in and who e.eculed The within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) ___................. Notary Public in and for said County and Slate CORPORATION. l STATE OF •• ySS. COUNTY OF 111 On this day of A. D. 19_, before me, the undersigned a Notary Public in and for said County and Stele, personally appeared and to ma personally known, who being by me duly sworn, did say that they aro the x ws• «w and respaclivaly, of said corporation executing the ,n•el' within and foregoing instrument, that (no seal hes boon procured by Ino said) corporation; That said Instrument was signed (and seeledl on r.n,•u (Ihe seal effi.od Iherelo is the seal of said) •.anuut and •,,. e. a bohalf of said corporation by authority of its Board of Directors: end hal the said as such officers acknowledged the oxoculion of said instrument to be the voluntary act and dead of said corporalicn by it and by them voluntarily executed. (SEAL) ,_,,,,,,_,_.._._._.__»_. ._............. Notary Public in and for said County and Stele FIDUCIARY STATE OF �SS, COUNTY OF 111111 On this day of A. D. 19__. before me, the undersigned, a Notary Public In and for said County in said Stale, personally appeared - as Executor of the Estate of Deceased, to me known to be the identical parson named in and who o.oculed the foregoing instrument and acknowledged thel_he executed the some as the voluntary act and deed of himself and of such fiduciary. (SEAL) ..... ___.__,._ Notary Public In and for sold County and State PARTNER STATE OF ISS. COUNTY OF On his day of A. D. Ig, before me, the undersigned, n Nolary Public in and In, told County and Slate personally appeared and to me personally known, who, being by me duly sworn, did say that he is (they ere) memberlsl of the Partnership executing the within and foregoing instrument and acknowledged that (hal (they) executed the same at the voluntary act and dead of said co•periner(s) by (him) Ilhem) and by said parknership voluntarily executed. Notary Public In and for said County and Slate For acknowledgment as a corporate fiduciary sea obverse side of Court Officer Deed Official Form No. 101). (4) C l CEDAR RAPIDS • DES MOINES i 21. RIGHTS CUMULATIVE. The various righls, powers. options, aloations and rmeadias of either party, provided in Ihis lease, shell be construed as cumulative and no oar—••{ them as exclusive of Ihe othan, or amlasivu of nyyarighfs, remedies or prioritios ellowod oilhor party by law, and shall in no way offs impair the right of either party to pursue any other •:+table at legal remody to which either party may be entitled as long as any dofeu,. smains in any way unremodied. unsal;;f;ed or und,. .ged. 22. NOTICES AND DEMANDS. Notices as provided for In this lease shall be given to the respective parties horeto of the r"pective addresses dosigaafed on page one of this lease unless oilhor party notiGas the other, in wrilinq, of a difforont addross. With. out prejudice to any other method of noli(y;ng a party in writing or unsling a demand or olbor communication, such message shall bn considered given undo, the terms of this lease when sant, addressed as above designated, paslago prepaid. by registered or cediliod mail, return receipt requested, by the United Slate mail and so deposited in a United Slates mail be,. 27. PROVISIONS TO RIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein can• tained shall a•lend to and be binding upon the respective successors, heirs, administrators, executor% and e:s;gns of the parties hereto; except that if any part of this lease is hold in joint tenancy, the successor in interest shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions. loans nr coad;f;nns of !his loose to be lept or performed by Landlord or Tenant shall be in any manner modified. waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 25. RELEASE OF DOWER. Spouse of Landlord, appears as a party signatory to this lease solely for Iho purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in Iho lensed promises. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine. feminine or neuter gander according to the contest. 27.(a) Any improvements made by lessee shall remain at termination of this lease. IN WITNESS WHEREOF, the parties hereto hove duly executed this lease in duplicate the day and year first above written. WASHINGTON PARK, INC. CITY OF IOWA CITY, IOWA l ,. BY: Y ij/lC� �; . i Bruce R. Glasgow, )tXKDUft5CXNFM Mayor 50 President X7ii( M;tlfdiXOiK �f01MkXl{lCtfXK BY: y� =4 61454261 ;.;hUK Cijfy Clerk INDIVIDUAL •tees• STATE OF SS. revue•, COUNTY OF ewr• ,•..w WNW— On this day of 19 before me, the undersigned, a Notary Public in and for said County and Guesses .na , e is Slate, personally appeared and to no, personally known to be the identical parsons named in and who e.eculed The within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) ___................. Notary Public in and for said County and Slate CORPORATION. l STATE OF •• ySS. COUNTY OF 111 On this day of A. D. 19_, before me, the undersigned a Notary Public in and for said County and Stele, personally appeared and to ma personally known, who being by me duly sworn, did say that they aro the x ws• «w and respaclivaly, of said corporation executing the ,n•el' within and foregoing instrument, that (no seal hes boon procured by Ino said) corporation; That said Instrument was signed (and seeledl on r.n,•u (Ihe seal effi.od Iherelo is the seal of said) •.anuut and •,,. e. a bohalf of said corporation by authority of its Board of Directors: end hal the said as such officers acknowledged the oxoculion of said instrument to be the voluntary act and dead of said corporalicn by it and by them voluntarily executed. (SEAL) ,_,,,,,,_,_.._._._.__»_. ._............. Notary Public in and for said County and Stele FIDUCIARY STATE OF �SS, COUNTY OF 111111 On this day of A. D. 19__. before me, the undersigned, a Notary Public In and for said County in said Stale, personally appeared - as Executor of the Estate of Deceased, to me known to be the identical parson named in and who o.oculed the foregoing instrument and acknowledged thel_he executed the some as the voluntary act and deed of himself and of such fiduciary. (SEAL) ..... ___.__,._ Notary Public In and for sold County and State PARTNER STATE OF ISS. COUNTY OF On his day of A. D. Ig, before me, the undersigned, n Nolary Public in and In, told County and Slate personally appeared and to me personally known, who, being by me duly sworn, did say that he is (they ere) memberlsl of the Partnership executing the within and foregoing instrument and acknowledged that (hal (they) executed the same at the voluntary act and dead of said co•periner(s) by (him) Ilhem) and by said parknership voluntarily executed. Notary Public In and for said County and Slate For acknowledgment as a corporate fiduciary sea obverse side of Court Officer Deed Official Form No. 101). (4) C l CEDAR RAPIDS • DES MOINES i i I I i i Don Schmeiser: Rental of 3rd Floor Aprt/office: Wahhington Park Inc. owner of the Davis Building agrees to do the following: 1. Re -do the lease as attached 2. Paint the premises -- not including the bath (since this room has never been LGAe4�. 3. Replaco the stained ceiling file 4. Remove the Door/divider panels that now exist on the premises 5. Allow occupancy on Sept 150 1980 _/A/a, alk i/tcz<< erniuS 2 c��„�ic.lc-eta MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 91 r, �n . 1 '1 RESOLUTION NO. BOA iI ` RESOLUTION AND AWARDING CONTRACT FOR MOTOR VEHICLE TOWING STORAGE SERVICES TO GORDON RUSSELL ENTERPRISES d/b/a RUSSELLL'' S 1 TOWING SERVICE. ing WHEREAS' Gordon Russell Enterprises d/b/a Russell's tWo�yearstowing (hereinafter Russell) has submitted the best bid or a contract, and secured outdoor facility Exhibit A, and WHEREAS, Russell's' has met the minimum requirement as specified, attached as WHEREAS, the Cttached at Exhibit B, is ouncil finds that Russell's bid, a acceptable, and of Iowa City, Iowa is in the public interest that the City (hereinafit ter the City) ent coninto aisontractedith to thisresolutionng WHEREAS, as service, a copy of which September 22, 1980. Exhibit C, to be effective as of eP NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA ng Sv service. 1 1. That the City hereby accept Russell's bid for towing S 2. That the Mayor is authorized to sign, and the City Clerk to, attest the attached contract on behalf of the City. Vevera the Roberts and seconded by �� It was moved by ted, and upon roll call there were: Resolution be adop AYES: NAYS: ABSENT: Balmer x Erdahl "— AbstaiiLYnch Neuhauser Perret Roberts X _ Vevera x_ passed and approved this day of Seyt• 1980' 23� `' YO y� Z TIE LED L ►EPART D ATTEST: gy LEGAL DEptRTI[EtiT aTCLERK i79a MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r., — s I i I i 1: TOWING SERVICE. ing WHEREAS' Gordon Russell Enterprises d/b/a Russell's tWo�yearstowing (hereinafter Russell) has submitted the best bid or a contract, and secured outdoor facility Exhibit A, and WHEREAS, Russell's' has met the minimum requirement as specified, attached as WHEREAS, the Cttached at Exhibit B, is ouncil finds that Russell's bid, a acceptable, and of Iowa City, Iowa is in the public interest that the City (hereinafit ter the City) ent coninto aisontractedith to thisresolutionng WHEREAS, as service, a copy of which September 22, 1980. Exhibit C, to be effective as of eP NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA ng Sv service. 1 1. That the City hereby accept Russell's bid for towing S 2. That the Mayor is authorized to sign, and the City Clerk to, attest the attached contract on behalf of the City. Vevera the Roberts and seconded by �� It was moved by ted, and upon roll call there were: Resolution be adop AYES: NAYS: ABSENT: Balmer x Erdahl "— AbstaiiLYnch Neuhauser Perret Roberts X _ Vevera x_ passed and approved this day of Seyt• 1980' 23� `' YO y� Z TIE LED L ►EPART D ATTEST: gy LEGAL DEptRTI[EtiT aTCLERK i79a MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES E UBIT A n CITY OF IOWA CITY TOWING AND STORAGE AGREEMENT In accordance with the terms of the agreement and the proposal submitted by Russell's Towing Service July 22, 1980, the City of Iowa City finds the current secured outdoor facilities of Russell's Towing inadequate upon Police Department inspection. The determined required secured outdoor storage will consist of the following: The entire outdoor secured area will have a fence not less than six (6) feet high, with the top having angled braces with no less than three (3) barbed wires. The fence will be of chain links and the entrance will be chain locked at all times not occupied. Russell's Towing agrees to furnish required outdoor secured facility by September 22, 1980, subject to Police Department approval prior to the award of the bid. Rates are to remain the same as on the submitted proposal by Russell's Towing dated July 21, 1980, as attached. Failure to complete the secured outdoor storage area by 5:00 P.M. on September 22, 1980 will result in Russell's Towing proposal being null and void and the method of award of the bid at the discretion of the City of Iowa City. The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there were no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: RUSSELL'S TOWING: �i Neal G. Berlin, City Manager Gordon Russell Receive4 E Approved Dry The Legal Depart t Dry MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES m z9a._ I E UBIT A n CITY OF IOWA CITY TOWING AND STORAGE AGREEMENT In accordance with the terms of the agreement and the proposal submitted by Russell's Towing Service July 22, 1980, the City of Iowa City finds the current secured outdoor facilities of Russell's Towing inadequate upon Police Department inspection. The determined required secured outdoor storage will consist of the following: The entire outdoor secured area will have a fence not less than six (6) feet high, with the top having angled braces with no less than three (3) barbed wires. The fence will be of chain links and the entrance will be chain locked at all times not occupied. Russell's Towing agrees to furnish required outdoor secured facility by September 22, 1980, subject to Police Department approval prior to the award of the bid. Rates are to remain the same as on the submitted proposal by Russell's Towing dated July 21, 1980, as attached. Failure to complete the secured outdoor storage area by 5:00 P.M. on September 22, 1980 will result in Russell's Towing proposal being null and void and the method of award of the bid at the discretion of the City of Iowa City. The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there were no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: RUSSELL'S TOWING: �i Neal G. Berlin, City Manager Gordon Russell Receive4 E Approved Dry The Legal Depart t Dry MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES m z9a._ EXHIBIT D CITY OF I014A CITY TOWING SERVICE AGREEMENT PROPOSAL FORM The undersigned agrees to furnish towing and storage of vehicles for a two (2) year period commencing upon the signing of the parties and terminating on August 15, 1982, at the following rates. If this proposal is accepted, the undersigned agrees to be bound by all of the terms of the "agreement" which is attached hereto and incorporated herein by this reference. 1. Indoor secured storage facility (number of automobiles) Sizty (60) I i Addrdts 1010 S. Gilbert , Iowa City, Ia. 52240 1 i 2. Outdoor secured storage facility (number of automobiles) Four hundred (40C Address 1010 S. Gilbert & Iiwv. 218 So. 3. Description of equipment to be used: Y /M k 4. A B C D E F Non -Ac Ac ear a e Model s s I #1 1978 , 10,000 #2 1973 Ford 10,000 #3 1978 Chevy 10,000 '1 EXHIBIT D CITY OF I014A CITY TOWING SERVICE AGREEMENT PROPOSAL FORM The undersigned agrees to furnish towing and storage of vehicles for a two (2) year period commencing upon the signing of the parties and terminating on August 15, 1982, at the following rates. If this proposal is accepted, the undersigned agrees to be bound by all of the terms of the "agreement" which is attached hereto and incorporated herein by this reference. 1. Indoor secured storage facility (number of automobiles) Sizty (60) I i Addrdts 1010 S. Gilbert , Iowa City, Ia. 52240 1 i 2. Outdoor secured storage facility (number of automobiles) Four hundred (40C Address 1010 S. Gilbert & Iiwv. 218 So. 3. Description of equipment to be used: Y /M k 4. A B C D E F Non -Ac Ac ear a e Model GVW I #1 1978 Ford 10,000 #2 1973 Ford 10,000 #3 1978 Chevy 10,000 #4 1966 Chevy 20,000 #5 1971 Ford 10,000 Vehicle tow INSIDE Iowa City/Coralville limits: Item Description Day NPrice per Vehicleht _ lg Non-acc. Acc. Non-acc. Acc. Passenger car 18,00 $18,00 $18.00 Truck, 2 ton or less $18,00 $18,00 $18.00 $18.00 Truck over 2 ton $18,00 $18,00 $18.00 $18.00 Transit bus $30.00 $30.00 $30 .00 $30.00 Carpo trailer $18.00 $18.00 $18,00 $18,00 Motorcycle &/or motorscooter $18,00 $18,00 $18,00 $18,00 cident - Non-Acc. cident - Acc. 1-70'N MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES n AGREEMENT ? This Agreement, made and entered into this 23rd day of September, 1980, by and between Russell's Towing, a corporation authorized to do business in the } State of Iowa, hereinafter called "Agent," and the City of Iowa City, a municipal corporation, hereinafter called the "City". ■ I I. SCOPE OF SERVICES a. Russell's Towing is hereby designated as the Agent of the City for the towing and storage of vehicles impounded pursuant to Section 23-21 of the Code of Ordinances of Iowa City, Iowa, 1979, the disposition of abandoned vehicles pursuant to Section 321.89 of the Code of Iowa; together with other such towing as may be designated by the City. b. Equipment: The Agent must be adequately equipped to comply safely and satisfactorily with the towing requirements covered by this Agreement. The Agent hereby agrees to maintain and provide at all times a sufficient number of equipped towing checks including two (2) wreckers .with a minimum TVW rating of 10,000 and one (1) wrecker with a minimum TVW rating of 20,000. In addition, the successful Agent must have adequate equipment to remove parked vehicles from City parking ramps. During declared snow emergencies, the Agent must have at least two (2) fully operable tow trucks available, which trucks are of sufficient capacity to handle unusual towing occasioned by the situation, as needed. The vehicles will be sufficiently staffed by qualified personnel at all times so that the City's towing needs can be adequately served. The Agent further guarantees that sufficient operable towing vehicles and personnel will be available to adequately service the special towing needs of the City occasioned by special events requiring towing, including but not limited to declared emergencies or construction projects, as advised by the Police DeparUeut, the City Manager's Office or a ranking City Official. C. Storage Facilities. The Agent hereby agrees to maintain facilities within the Iowa City/Coralville area for secured indoor storage for 30 vehicles and secured outdoor storage of 200 j vehicles. The entire outdoor secured area will have a fence not less than six (6) feet high, with the top having angled braces with no less than three barbed wire. The fence will be of chain links and the entrance will be chain locked at all times not occupied. All storage facilities are subject to Police Department approval prior to award of this bid. Requirements of fencing shall be fulfilled before the award of the bid. d. Response Time. The Agent hereby agrees to have a wrecker at the destination requested within ten (10) minutes from the time that MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOIRES ;i i n AGREEMENT ? This Agreement, made and entered into this 23rd day of September, 1980, by and between Russell's Towing, a corporation authorized to do business in the } State of Iowa, hereinafter called "Agent," and the City of Iowa City, a municipal corporation, hereinafter called the "City". ■ I I. SCOPE OF SERVICES a. Russell's Towing is hereby designated as the Agent of the City for the towing and storage of vehicles impounded pursuant to Section 23-21 of the Code of Ordinances of Iowa City, Iowa, 1979, the disposition of abandoned vehicles pursuant to Section 321.89 of the Code of Iowa; together with other such towing as may be designated by the City. b. Equipment: The Agent must be adequately equipped to comply safely and satisfactorily with the towing requirements covered by this Agreement. The Agent hereby agrees to maintain and provide at all times a sufficient number of equipped towing checks including two (2) wreckers .with a minimum TVW rating of 10,000 and one (1) wrecker with a minimum TVW rating of 20,000. In addition, the successful Agent must have adequate equipment to remove parked vehicles from City parking ramps. During declared snow emergencies, the Agent must have at least two (2) fully operable tow trucks available, which trucks are of sufficient capacity to handle unusual towing occasioned by the situation, as needed. The vehicles will be sufficiently staffed by qualified personnel at all times so that the City's towing needs can be adequately served. The Agent further guarantees that sufficient operable towing vehicles and personnel will be available to adequately service the special towing needs of the City occasioned by special events requiring towing, including but not limited to declared emergencies or construction projects, as advised by the Police DeparUeut, the City Manager's Office or a ranking City Official. C. Storage Facilities. The Agent hereby agrees to maintain facilities within the Iowa City/Coralville area for secured indoor storage for 30 vehicles and secured outdoor storage of 200 j vehicles. The entire outdoor secured area will have a fence not less than six (6) feet high, with the top having angled braces with no less than three barbed wire. The fence will be of chain links and the entrance will be chain locked at all times not occupied. All storage facilities are subject to Police Department approval prior to award of this bid. Requirements of fencing shall be fulfilled before the award of the bid. d. Response Time. The Agent hereby agrees to have a wrecker at the destination requested within ten (10) minutes from the time that MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOIRES 1 i I 1 2 i Y the towing firm receives a call during the day (6 A.M. to 6 P.M.) and within twenty (20) minutes at night (6 P.M. to 6 A.M.). If service is not provided within the specified time, the City reserves the right to make other arrangements. This agreement shall be voidable if the bidder repeatedly fails to furnish specified wrecker services, upon proper written notice to the Agent. e. Hours of Operation. The Agent hereby agrees to provide continual To—wing service, commonly referred to as 24-hour service. The firm will also provide restricted access to all stored or impounded vehicles on a 24-hour basis, which access shall be by way of authorization prescribed in writing by the City. Said access will be provided to City personnel and persons having a lawful reason for requesting access to vehicles. f. The Agent agrees to release the vehicle to its owner upon authorization from the City and the payment of towing and storage costs by the owner. g. The Agent agrees to expeditiously handle all procedures for the disposal of abandoned automobiles pursuant to Section 321.80, Code of Iowa together with Rules 820-07, 0 [2.1-2.3 (321)J, Iowa Administrative Code (1979), if the registered owner fails to ay respond to the initial notice referred to as the ten df This procedure shall include all filing of reports with the State of Iowa as well as prompt auctioning of any vehicle involved. h. The Agent agrees to keep an accurate record of all vehicles received and disposed of under the terms of this Agreement. The Police Chief will determine the sufficiency of the bookkeeping procedures. A monthly report shall be sent to the Police Chief the first day of each month listing each car which was impounded and its disposition during the previous month. In addition, the Police Department may inspect all records relating to the impounded vehicles upon request. i. The Agent agrees that operators employed by them will treat all patrons- in a courteous and professional manner and obey all traffic laws and rules of the road, including speed limits. Repeated or substantiated violations of the above will be cause for the review and possible rescission of the Agreement. II. RESPONSIBILITY OF CITY a. At the time of impoundment, the City will provide an inventory of personal property in the vehicle at the time and place of impoundment. b: The City will notify, within ten (10) days by certified mail, the last known registered owner or known lienholders at their last i 1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M � q .fs I i r� \1 2 i Y the towing firm receives a call during the day (6 A.M. to 6 P.M.) and within twenty (20) minutes at night (6 P.M. to 6 A.M.). If service is not provided within the specified time, the City reserves the right to make other arrangements. This agreement shall be voidable if the bidder repeatedly fails to furnish specified wrecker services, upon proper written notice to the Agent. e. Hours of Operation. The Agent hereby agrees to provide continual To—wing service, commonly referred to as 24-hour service. The firm will also provide restricted access to all stored or impounded vehicles on a 24-hour basis, which access shall be by way of authorization prescribed in writing by the City. Said access will be provided to City personnel and persons having a lawful reason for requesting access to vehicles. f. The Agent agrees to release the vehicle to its owner upon authorization from the City and the payment of towing and storage costs by the owner. g. The Agent agrees to expeditiously handle all procedures for the disposal of abandoned automobiles pursuant to Section 321.80, Code of Iowa together with Rules 820-07, 0 [2.1-2.3 (321)J, Iowa Administrative Code (1979), if the registered owner fails to ay respond to the initial notice referred to as the ten df This procedure shall include all filing of reports with the State of Iowa as well as prompt auctioning of any vehicle involved. h. The Agent agrees to keep an accurate record of all vehicles received and disposed of under the terms of this Agreement. The Police Chief will determine the sufficiency of the bookkeeping procedures. A monthly report shall be sent to the Police Chief the first day of each month listing each car which was impounded and its disposition during the previous month. In addition, the Police Department may inspect all records relating to the impounded vehicles upon request. i. The Agent agrees that operators employed by them will treat all patrons- in a courteous and professional manner and obey all traffic laws and rules of the road, including speed limits. Repeated or substantiated violations of the above will be cause for the review and possible rescission of the Agreement. II. RESPONSIBILITY OF CITY a. At the time of impoundment, the City will provide an inventory of personal property in the vehicle at the time and place of impoundment. b: The City will notify, within ten (10) days by certified mail, the last known registered owner or known lienholders at their last i 1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M i known address, that the abandoned vehicle has been taken into custody. C. If the identify of the last registered owner cannot be determined or if the registration contains no address for the owner, the City shall provide notice by publication. III. COMPENSATION a. In the case of vehicles towed from public highways, the City agrees to reimburse the Agent for its actual expenses of towing and storage of vehicles, not to exceed $25 per vehicle for towing and not to exceed $2.00 per day for a maximum of 45 days for storage per vehicle. In addition, the Agent shall be reimbursed for the actual cost of auctioning the vehicle, not to exceed 10 per cent of the sale price of the vehicle nor $10 per vehicle, whichever is less. Actual epxenses shall not include costs paid by any reclaiming owner. b. In the case of vehicles towed from private property, the Agent agrees that reimbursement shall be limited to the towing and storage fees paid by the owners of the vehicles or the proceeds from disposition of abandoned vehicles in accordance with the procedures of Section 321.80, Code of Iowa. C. Base rates, any fees or charges for additional services, plus method ofpayment must be prominently posted in the Iowa City Police Department, the Iowa City Traffic Division, and in the Office of the Agent herein. Schedule of fees (for authorized towing) must be approved by the City Manager prior to posting, and must be readily apparent and visible to the general public. Any fee or change of charges may be made only on the anniversary date of each year. 1V. INSURANCE The Agent agrees to maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa and naming the City as co- insured. The minimum limits of such policy are as follows: $100,000 - Property Damage $300,000 - Personal Injury $1 million - Per Incident A copy of the policy shall be filed with the City Clerk. The City must be notified 30 days prior to the termination of this coverage. Failure to maintain insurance coverage automatically terminates this Agreement. s _..................:........ _.._ i _9. .a 9 MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES 4 V. LIABILITY AND INDEMNIFICATION The Agent agrees to indemnify, defend and save harmless the City, its agents, officers and employees from any and all claims, damages and losses for physical damage to any and all property and physical injury to any and all persons in addition to any and all consequential and other damages resulting from the towing, storage, or impoundment of any vehicle covered by this Agreement. It is understood by the parties that the Agent assumes responsibility for personal property in the vehicle at the time of impoundment and described on the inventory list. VI. EQUAL EMPLOYMENT OPPORTUNITY The Agent agrees not to commit the following practices; a. To discharge from employment or refuse to hire any individual because of their race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. C. To discriminate against any individual in delivery or service because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. VII. ASSIGNMENT This Agreement shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of the parties to this agreement. VIII. DURATION This Agreement shall cover a two (2) year period commencing upon the signing of the parties and shall terminate on August 15, 1982 or until termination by either party upon 30 day written notification. IX. TERMINATION OF AGREEMENT Termination of this Agreement does not release the Agent from the responsibility of proper disposal of vehicles located at the storage facility according to Section 321.89, of the Code of Iowa. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES W 1 5 X. COMPLIANCE The Agent shall comply with all applicable Municipal Ordinances and State Statutes. The Agent shall comply with all terms and stipulations of the Agreement and certifies that all information provided is complete and accurate. The undersigned do hereby state that there are no oral agreements that have not been reduced in writing to this Agreement. CITY OF IOWA CITY 4BY 2 ` JOHN R. BALMER " `�-- ATTEST:� ' A BEST AC41TyLERK MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES BY: ATTEST: ' w/ /79a R i N I I� I 1 5 X. COMPLIANCE The Agent shall comply with all applicable Municipal Ordinances and State Statutes. The Agent shall comply with all terms and stipulations of the Agreement and certifies that all information provided is complete and accurate. The undersigned do hereby state that there are no oral agreements that have not been reduced in writing to this Agreement. CITY OF IOWA CITY 4BY 2 ` JOHN R. BALMER " `�-- ATTEST:� ' A BEST AC41TyLERK MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES BY: ATTEST: ' w/ /79a R N is Y • � 1 RUS�ELL ENTERPRISES INC. i 2750 SOUTH RIVERSIDE DRIVE% IOWA CITY, IOWA 52240 f PHONE (319) 338.8679 �r4.•,i9 RUSSELL'S TOWING September 26, 1980 City of Iowa City Civic Center 410 E. Washington St. Iowa City, Is. 52240 I . Re: Addendum to City Towing Contract Attn: Cathy Eisenhofer The addendum to the City of Iowa City Towing Service Agreement is as follows: Winching (Parking Stalls, Snow Banks)--------- $7,50 per l hr. Extra Labor- Making Vehicle Towable such as: - J 4� w Removing transmission linkage, changing tires, etc. ------- $7.50 per hr. I d 17i i As of this date the above rates are in effect. ; Russell's Towing ...,.; �..... Owner Gordon Russell, Owner '1 - City of Iowa City I LL__ __� e7 Z-4 Cathy Eisenhofer Purchasing Agent 17901 MICROFILMED BY 555 JORM MICR+LA13 p CEDAR RAPIDS •DES MOINES I I \ I V /V RESOLUTION NO. 80-427 r, RESOLUTION REJECTING BIDS RECEIVED ON SEPTEMBER 16, 1980, FOR THE MERCER PARK CONCESSION/RESTROOM BUILDING WHEREAS, seven bids were received and opened on the 16th day of September, 1980, whereby all the bids were higher than the engineer's " estimate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bids received on the aforementioned date for the Mercer Park Concession/Restroom Building be rejected. It was moved by Roberts and seconded byyevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: h � , x Balmer w`9l7rYS + x Erdahl x Lynch Fr rfT ' �Ytr1 x Neuhauser „• 4,,5yi x Perret CF 5s Rt;a,' x Roberts Vevera x Passed and approved this 23rd day of September 1980. w^ ir• " Mayor Attest: ` City Clerk RECEDED & APPROVED BY THE LEGAL• DEpeTICEXZ �O MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /793 , i ADVERTISEMENT FOR BIDS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A•M• on the 16th day of Sap�emher 19 80, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on Sep#Pmber 2�, 1980 or at such later time and place as may then be fixed. The work will involve the following: General, plumbing, and electrical construction of a 968 sq. ft. Concession/Restroom Building at Mercer Park. All work is to be done in strict compliance with the plans and specifications prepared by Citv of Iowa City, Iowa, w ich have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank or a bank charted under the laws of the United States and filed in a sealed envelope separate from the one containing the proposal, and in the amount Of $ 5% of hasehid made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 ��93 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I n a I 1 i 1 The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one year from and after its completion and acceptance by the City. The following limitations shall apply to this project: 120 Calendar Days from•Notice to Proceed** Liquidated Damages 50.00 per day* The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Schmadeke, P.E, City Engineer o owl a City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. r. Abbie Stolfus 114 City Clerk of Iowa City, Iowa *Consideration will be given for time extensions concerning material availability. **Performing work on a particular Saturday or Sunday must be approved by the Director of Parks and Recreation. AF -2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 17'3 N RESOLUTION NO. 80-428 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST A JOINT MAINTENANCE AGREEMENT WITH THE ECUMENICAL HOUSING CORPORATION. WHEREAS, the City of Iowa City and the Ecumenical Housing Corporation have entered into a real estate contract for the sale of the site of the proposed housing project; and WHEREAS, it is deemed in the public interest to enter into a joint maintenance agreement for the provision of mutual easements and maintenance standards between the Senior Center property and the proposed housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign and the Clerk to attest a joint maintenance agreement with Ecumenical Housing Corporation, attached hereto. It was moved by Neuhauser •and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 23rd day of Sept. 1980. MAYOR ATTEST: C�C.>✓�1 CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i ,A r r , �A N RESOLUTION NO. 80-428 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST A JOINT MAINTENANCE AGREEMENT WITH THE ECUMENICAL HOUSING CORPORATION. WHEREAS, the City of Iowa City and the Ecumenical Housing Corporation have entered into a real estate contract for the sale of the site of the proposed housing project; and WHEREAS, it is deemed in the public interest to enter into a joint maintenance agreement for the provision of mutual easements and maintenance standards between the Senior Center property and the proposed housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign and the Clerk to attest a joint maintenance agreement with Ecumenical Housing Corporation, attached hereto. It was moved by Neuhauser •and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 23rd day of Sept. 1980. MAYOR ATTEST: C�C.>✓�1 CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i t, / N JOINT MAINTENANCE AGREEi•IENT AND EASEMENT THIS AGREEMENT dated this 30` day of -2 1980, by and between the Ecumenical Housing Corporation, an Iowa non-profit corporation, and the City of Iowa City, Iowa, a municipal corporation: WITNESSETH WHEREAS, the Ecumenical housing Corporation is the owner of a tract of real estate set forth as Exhibit "A" and by this reference made a part hereof, WHEREAS, the City of Iowa City is the owner of a tract of real estate located immediately to the west of the tract of real estate set forth as Exhibit "A", WHEREAS, the Ecumenical housing Corporation is con- structing a building to contain eighty-one (81) units of low income housing under the Department of housing and Urban Develop- ment 5202/8 Program, which structure shall adjoin and connect with the building owned by the City of Iowa City and known as the "Old Post Office", which building is being remodeled by the City of Iowa City into a Senior Center, WHEREAS, the Ecumenical housing Corporation and the City of Iowa City recognize that the two structures will be joined I and thereafter certain structural and maintenance work will need to be performed by both parties, MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 4 NOW THEREFORE, in consideration of the mutual agree- ments contained herein and the performance thereof, the Ecumenical Housing Corporation and the City of Iowa City agree to the following terms for joint maintenance: 1. .EASEMENTS. The Ecumenical dousing Corporation and the City of Iowa City Hereby grant joint maintenance easements one to the other for as long as both parties shall maintain the respective structures located on said premises to allow for maintenance, repair, renovation, and remodeling. Said easements shall extend over so much of the respective properties as may be necessary to complete said projects. 2. MAINTENANCE STANDARDS. The Ecumenical Housing Corporation shall maintain and keep free of snow, ice and other hazards those sidewalks, walkways, stairways and drive- ways that adjoin or lead to the property of the City of Iowa City and the City of Iowa City agrees to maintain free and clear of snow, ice and other hazards those driveways, parking facilities, walkways and stairways which adjoin or lead to the Ecumenical Housing Corporation's structure. Both parties agree to maintain the connection points between the structures in a good and workmanlike manner and any repair work necessary to i maintain said connection points shall be jointly provided by the parties. 3. DAMAGES. In the event of any damages to the property of the Ecumenical Housing Corporation from the use of the Senior Center by the City of Iowa City or the use of the Ecumenical -2- MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES /7fX I . q j Housing Corporation casement, the City shall satisfy damage requests made by the Ecumenical Housing Corporation. Similarly, the Ecumenical Housing Corporation shall reimburse the City of Iowa City for any damage caused by the use of the Senior Center facility or the use of the easement on the property of the City of Iowa City. .4. CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTIES. Both parties shall allow the other to utilize the casements granted herein for construction of improvements on their respective properties and shall return the property to its original condition following use of the easements. 5. NOTICES AND DEMANDS. A notice, demand, or other communication under this 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 (1) In the case of the Ecumenical Housing Corporation, is delivered personally,to or addressed to: The President and Secretary Ecumenical Housing Corporation 217 Iowa Avenue Iowa City, Iowa 52240 (2) In the case of the City of Iowa City is delivered personally to or addressed to: The City Manager, Civic Center 410 E. Washington Street Iowa City, Iowa 52240 or at such other address with respect to either such party as -3- MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES / 79f� I . q j Housing Corporation casement, the City shall satisfy damage requests made by the Ecumenical Housing Corporation. Similarly, the Ecumenical Housing Corporation shall reimburse the City of Iowa City for any damage caused by the use of the Senior Center facility or the use of the easement on the property of the City of Iowa City. .4. CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTIES. Both parties shall allow the other to utilize the casements granted herein for construction of improvements on their respective properties and shall return the property to its original condition following use of the easements. 5. NOTICES AND DEMANDS. A notice, demand, or other communication under this 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 (1) In the case of the Ecumenical Housing Corporation, is delivered personally,to or addressed to: The President and Secretary Ecumenical Housing Corporation 217 Iowa Avenue Iowa City, Iowa 52240 (2) In the case of the City of Iowa City is delivered personally to or addressed to: The City Manager, Civic Center 410 E. Washington Street Iowa City, Iowa 52240 or at such other address with respect to either such party as -3- MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES / 79f� 4 i1 may, from time to time, be designated in wr.itinct and forwarded to the other as provided in this section. 6. ASSIGNMENTS. Due to the special nature of this contract and the public purposes being served thereby, this contract may not be assigned by either party unless such assign- ment is expressly authorized in writing by the other party and is approved, in the case of the Ecumenical Housing Corporation, by the Department of Housing and Urban Development. IN WITNESS WHEREOF, the Ecumenical dousing Corporation has caused this agreement to be duly executed in its name and behalf by its President and attested to by its .Secretary, and 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, on or as of the day first above written. ATTEST ECUM1ENICAL HOUSING CORPORATION Secre President — ATTEST CITY OF IOWA CITY -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES / 79f` i i 4 i1 may, from time to time, be designated in wr.itinct and forwarded to the other as provided in this section. 6. ASSIGNMENTS. Due to the special nature of this contract and the public purposes being served thereby, this contract may not be assigned by either party unless such assign- ment is expressly authorized in writing by the other party and is approved, in the case of the Ecumenical Housing Corporation, by the Department of Housing and Urban Development. IN WITNESS WHEREOF, the Ecumenical dousing Corporation has caused this agreement to be duly executed in its name and behalf by its President and attested to by its .Secretary, and 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, on or as of the day first above written. ATTEST ECUM1ENICAL HOUSING CORPORATION Secre President — ATTEST CITY OF IOWA CITY -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES / 79f` � na. , , u 1 4 i1 may, from time to time, be designated in wr.itinct and forwarded to the other as provided in this section. 6. ASSIGNMENTS. Due to the special nature of this contract and the public purposes being served thereby, this contract may not be assigned by either party unless such assign- ment is expressly authorized in writing by the other party and is approved, in the case of the Ecumenical Housing Corporation, by the Department of Housing and Urban Development. IN WITNESS WHEREOF, the Ecumenical dousing Corporation has caused this agreement to be duly executed in its name and behalf by its President and attested to by its .Secretary, and 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, on or as of the day first above written. ATTEST ECUM1ENICAL HOUSING CORPORATION Secre President — ATTEST CITY OF IOWA CITY -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES / 79f` r STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On thismss- day of .5 , in the year 1980, before me, the undersigned, a notary public in and for said county of Johnson, state of Iowa, residing therein, duly commissioned and sworn, personally appeared John Balmer, known to me to be the Mayor, and Abbie Stolfus, known to me to be the City Clerk of the City of Iowa City, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �-' Notary P lic in and for Johnson County, State of Iowa STATE OF IOWA ) COUNTY OF JOHNSON ss 1, a notary public in and for said county, in the state aforesaid, do hereby certify that and ,to me personally known to be President and Secretary of the Ecumenical Housing Corporation, and also known to me to be the persons whose names are sub- scribed to the foregoing instrument, appeared before me this day in person and acknowledged that as President and Secretary respectively they signed, sealed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the Ecumenical Housing Corporation. 1980. Given under my hand and notarial seal this day of Notary Public in and for Johnson County, State of Iowa -5- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES EXHIBIT "A" Part of Lots 6 and 7, Block 61, Original Town, Iowa City, Johnson County, Iowa as shown on plat recorded in the Johnson County Recorder's Office, Book 1, Page 116, more particularly described as follows: Commencing as a point of reference at the Southeasterly corner of said Block 61; thence West 110.29 feet along the Southerly line of said Block 61 to the point of beginning of tract herein described (this is an assumed bearing for purposes -of this description only); thence continuing West 101.39 feet along said Southerly line of Block 61 to a point; thence North 00 00' 30" West 150.38 feet to a point of intersection with the Northerly line of said Lot 6; thence North 890 59' 55" East 101.15 feet along the Northerly line of Lots 6 and 7 to a point; thence South 00 05' 10" East 150.39 feet to the point of beginning; subject to easements and restrictions of record, and containing 15,226 square feet or 0.35 acres more or less. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES / 793V �I h EXHIBIT "A" Part of Lots 6 and 7, Block 61, Original Town, Iowa City, Johnson County, Iowa as shown on plat recorded in the Johnson County Recorder's Office, Book 1, Page 116, more particularly described as follows: Commencing as a point of reference at the Southeasterly corner of said Block 61; thence West 110.29 feet along the Southerly line of said Block 61 to the point of beginning of tract herein described (this is an assumed bearing for purposes -of this description only); thence continuing West 101.39 feet along said Southerly line of Block 61 to a point; thence North 00 00' 30" West 150.38 feet to a point of intersection with the Northerly line of said Lot 6; thence North 890 59' 55" East 101.15 feet along the Northerly line of Lots 6 and 7 to a point; thence South 00 05' 10" East 150.39 feet to the point of beginning; subject to easements and restrictions of record, and containing 15,226 square feet or 0.35 acres more or less. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES / 793V �l RESOLUTION NO. 80-429 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST AN AGREEMENT EXTENDING THE CLOSING DATE OF THE REAL ESTATE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ECUMENICAL HOUSING CORPORATION. WHEREAS, on March 14, 1979, the City of Iowa City and the Ecumenical Housing Corporation entered into a real estate contract for the sale of certain property for the construction of a housing project, and amended this contract on April 17, 1979; and WHEREAS, it is deemed in the public interest to extend the closing date of the real estate contract until December 1, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign and the Clerk to attest an amendment to the real estate contract with the Ecumenical Housing Corporation, attached hereto. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X — Vevera Passed and approved this 23rd day of Sept. , 1980. PAYOR r ATTEST: �� CITY CLERK MICROFILMEO BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RECEIVED & APPROVED Rx .LEGAL DEPARTYMT. 0 n AMENDMENT TO REAL ESTATE CONTRACT This amendment, dated this X3'4 day of SFP7 BM8Ek2 , 1980, to a certain Real Estate Contract dated the 14th day of March, 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical Housing Corporation, an Iowa corporation, hereinafter sometimes referred to as the Buyer: WITNESSETH WHEREAS, the Buyer and the Seller did enter into a real estate contract dated March 14, 1979, and amended said contract on April 17, 1979; and, WHEREAS, paragraph 2 of said contract provided that the closing date for the sale of the affected property would be on or before September 30, 1979; and, WHEREAS, the purchase price established in paragraph 1 of said contract was amended to $81,500; and, WHEREAS, the parties find it desirous to extend the date of closing and again amend the purchase price. NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Buyer and Seller do hereby mutually agree to the amendment of the aforesaid contract by making the changes set forth herein: 1. Paragraph 1 of the contract shall be amended to read as follows: The Buyer shall pay to the Seller as the purchase price, at the Buyer's option, one of the following two amounts: a) $92,190, for which the Seller hereby agrees to pay for the demolition and clearing of the loading dock and adjacent service area of the Old Post Office; or b) $76,046, for which the Buyer hereby agrees to pay for the demolition and clearing of the loading dock and adjacent service area of the Old Post Office. 2. Paragraph 2 of the contract shall be amended to read as follows: TIME OF CLOSING: The closing date shall be on or before December 1, 1980. IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused the Amendment to Real Estate Contract to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested to by its City Clerk, and the Buyer has caused the Amendment to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary on or as of the day first above written. CITY OF IOWA CITY MAYOR ATTEST CITY CLERK ECUMENICAL HOUSING CORPORATION PRESIDENT ATTEST: MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES :TARY v RECEIVED & APPROVED BY THE LEGAL DEPARTIM7' I RESOLUTION NO. 80-430 RESOLUTION ESTABLISHING TIME AND PLACE OF MEETINGS OF THE CITY COUNCIL OF IOWA CITY, IOWA WHEREAS, the City Council of Iowa City has provided by Ordinance No. 2342 of the Ordinances of the City of Iowa City, Iowa, that the time and place of regular meetings of the City Council shall be set by resolution of the Council and, WHEREAS, on January 1, 1974, the City Council by resolution set the time and place for regular Council meetings to be each Tuesday of each month at 7:30 O'clock p.m. in the Council Chambers of the Civic Center, and, WHEREAS, the Council deems it in the public interest to repeal said Resolution and establish the following schedule: NOW HEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: I. That the Resolution enacted January 1, 1974 setting regular Council meetings each Tuesday of each month at 7:30 p.m. in the Council Chambers of the Civic Center is hereby repealed and any other resolutions are hereby repealed. 2• Regular Council meetings of the City Council of Iowa City, Iowa shall be held on every other Tuesday of the month excluding holidays, in the Council Chambers of the Civic Center of Iowa City, Iowa, at 7:30 o'clock p.m., Central Standard Time, or Central Daylight Time, whichever is in effect in the City of Iowa City at the time of said meeting. 3. In the event a holiday falls on a regularly scheduled Council meeting, the City Council shall determine whether or not to hold that meeting at another date or to waive said meeting. 4. This resolution shall take effect with the meeting date of October 7, 1980, as the first regular meeting date under this schedule. It was moved by Lynch Ro and seconded by Roberta resolution as read be adopted, and upon roll call there were: that the AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts a Vevera Passed and approved this 23rdiay of Se tember 1980. AYOR ATTEST: CITYCLERK MICROFILMED BY JORM MICR¢LAS �! CEDAR RAPIDS • DES MOINES Redia^d A, ,A.^pra.�,;l 8Y Thr, Legal D parl17 r, .nt W RESOLUTION NO. 80-431 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL IN THE RECREATION DEPARTMENT. WHEREAS, Resolution No. 80-90 was adopted by the City Council of Iowa City on March 11, 1980, approving a pay plan for classified personnel for FY81; and WHEREAS, a City audit completed by the Human Relations Department established that Recreation Program Supervisor IIs should be raised to a higher pay range, retroactive to July 1, 1980; and WHEREAS, salaries for the Recreation Program Supervisor IIs were budgeted at Range 10 for the FY81 budget; and WHEREAS, Local 183 of the A.F.S.C.M.E. has approved this change. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Classification Plan for Classified Personnel be amended by reclassifying Recreation Program Supervisor II from Range 9 to Range 10 of the Classified Pay Plan for FY81, Resolution No. 80-90. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret _ x Roberts x Vevera Passed and approved this 23rd day of Sept. 1980. AY R ATTEST: jz- CITY CLERK MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES /M=IM b APPROVZD 0,10 1797 8 i 1 I. W RESOLUTION NO. 80-431 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL IN THE RECREATION DEPARTMENT. WHEREAS, Resolution No. 80-90 was adopted by the City Council of Iowa City on March 11, 1980, approving a pay plan for classified personnel for FY81; and WHEREAS, a City audit completed by the Human Relations Department established that Recreation Program Supervisor IIs should be raised to a higher pay range, retroactive to July 1, 1980; and WHEREAS, salaries for the Recreation Program Supervisor IIs were budgeted at Range 10 for the FY81 budget; and WHEREAS, Local 183 of the A.F.S.C.M.E. has approved this change. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Classification Plan for Classified Personnel be amended by reclassifying Recreation Program Supervisor II from Range 9 to Range 10 of the Classified Pay Plan for FY81, Resolution No. 80-90. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret _ x Roberts x Vevera Passed and approved this 23rd day of Sept. 1980. AY R ATTEST: jz- CITY CLERK MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES /M=IM b APPROVZD 0,10 1797 8 parks & recreation department MEMO to: City Manager and City Council from: Dennis E. Showalter re. Range Change for Recreation date: September 18, 1980 Program Supervisor II from 9 to 10 After completion of job audits by city employees in the summer of 1980, the Personnel Department felt that Recreation Program Supervisor II should be raised to a higher range number. When we prepared the FY81 budget, all of the Recreation Program Supervisor II's were budgeted at range 10; however, the formal resolution to change the range number was never sent to the Council. We have asked for, and received, approval from AFSCME Local 183 for this change. This change, which will not affect the FY81 budget, should be made retroactive to July 1, 1980. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1797 T 4� 71, i I parks & recreation department MEMO to: City Manager and City Council from: Dennis E. Showalter re. Range Change for Recreation date: September 18, 1980 Program Supervisor II from 9 to 10 After completion of job audits by city employees in the summer of 1980, the Personnel Department felt that Recreation Program Supervisor II should be raised to a higher range number. When we prepared the FY81 budget, all of the Recreation Program Supervisor II's were budgeted at range 10; however, the formal resolution to change the range number was never sent to the Council. We have asked for, and received, approval from AFSCME Local 183 for this change. This change, which will not affect the FY81 budget, should be made retroactive to July 1, 1980. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1797 T 4� 71, i i i parks & recreation department MEMO to: City Manager and City Council from: Dennis E. Showalter re. Range Change for Recreation date: September 18, 1980 Program Supervisor II from 9 to 10 After completion of job audits by city employees in the summer of 1980, the Personnel Department felt that Recreation Program Supervisor II should be raised to a higher range number. When we prepared the FY81 budget, all of the Recreation Program Supervisor II's were budgeted at range 10; however, the formal resolution to change the range number was never sent to the Council. We have asked for, and received, approval from AFSCME Local 183 for this change. This change, which will not affect the FY81 budget, should be made retroactive to July 1, 1980. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1797 r n W RESOLUTION NO. 80-432 RESOLUTION AMENDING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1981. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, established an operating budget for the fiscal year ending June 30, 1981, and, WHEREAS, the acquisition of an in-house computer system has been determined to be the most economical and efficient method of providing for the City's data processing needs, and, WHEREAS, the bid proposal received from Access International, a full- service computer corporation specializing in Digital Equipment Corporation computers and by Management Information System and Training, Inc., a supplier of ADMINS/11 software and systems consulting, provided the best overall computer system proposal, and, WHEREAS, a formal amendment to the operating budget is required to authorize such acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Fiscal Year 1981 Operating Budget be amended to provide for the acquisition of the ADMINS/11 software and the PDP -11/44 hardware as follows: 1. For the loan from Pollution Control to General Fund: Receipts General Fund, Finance: $120,000 Expenditures Pollution Control Fund $120,000 2. For the payment from the Pollution Control Fund and the Water Fund for their share of the acquisition costs: Receipts General Fund, Finance $ 74,200 Expenditures Pollution Control Fund $ 37,100 Water Fund 37,100 $ 74,200 3, For the acquisition of the computer system: Expenditures General Fund, Finance $217,610 FIICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES 1798 'I } I I 1 r n W RESOLUTION NO. 80-432 RESOLUTION AMENDING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1981. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, established an operating budget for the fiscal year ending June 30, 1981, and, WHEREAS, the acquisition of an in-house computer system has been determined to be the most economical and efficient method of providing for the City's data processing needs, and, WHEREAS, the bid proposal received from Access International, a full- service computer corporation specializing in Digital Equipment Corporation computers and by Management Information System and Training, Inc., a supplier of ADMINS/11 software and systems consulting, provided the best overall computer system proposal, and, WHEREAS, a formal amendment to the operating budget is required to authorize such acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Fiscal Year 1981 Operating Budget be amended to provide for the acquisition of the ADMINS/11 software and the PDP -11/44 hardware as follows: 1. For the loan from Pollution Control to General Fund: Receipts General Fund, Finance: $120,000 Expenditures Pollution Control Fund $120,000 2. For the payment from the Pollution Control Fund and the Water Fund for their share of the acquisition costs: Receipts General Fund, Finance $ 74,200 Expenditures Pollution Control Fund $ 37,100 Water Fund 37,100 $ 74,200 3, For the acquisition of the computer system: Expenditures General Fund, Finance $217,610 FIICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES 1798 1 It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts x Vevera Passed and approved this 23rd day of Sept. , 1980. MAYOR ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L C q "--) City of Iowa CIC MEMORANDUM Date: September 19, 1980 To: City Council Q� From: Rosemary Vitosh, Director of Finance Re: Budget Amendments for Computer Acquisition After reviewing the enterprise funds, it appears that the Pollution Control Fund should be the fund to loan $120,000 to the General Fund for the computer acquisition. I recommend that the loan be repaid over a three year period at an interest rate of 9%. This rate is similar to that expected to be paid on pledge orders and would be close to what the Pollution Control Fund would earn if the $120,000 was invested. The June 30, 1980 ending balance for the Operations Account of the Pollution Control Fund was $563,307 and the June 30, 1981 ending'balance is projected to be $302,413. The loan would be repaid as follows: Payment N Date Principal Interest Total 1 12-1-81 $40,000 $10,800 $50,800 2 12-1-82 40,000 7,200 47,200 3 12-1-83 40,000 3,600 43,600 Total $120,000 $21,600 $141,600 A sewer rate increase will be needed to finance the construction costs of the new Wastewater Treatment Plant. It is anticipated that a rate increase will occur in FYb2. However, this will be necessary because of the approximately $12 million in local funding that will be needed for the design and construction of the new plant and not because of cash flow needs resulting from the three year loan to the General Fund. The following budget amendments will be needed: 1. For the loan from Pollution Control to General Fund: Receipts General Fund, Finance $120,000 Expenditures Pollution Control Fund $120,000 2. For the payment from the Pollution Control Fund and the Water Fund for their share of the acquisition costs: MICROFILMED BY JORM MICR+LAel CEDAR RAPIDS • DES MOINES 17 Recti tis $ 74,200 Expenditures_ Pollution Control Fund $ 37,100 Water Fund $ 37,100 $ 74,200 3. For the acquisition of the computer system: Expenditures General Fund, Finance $217,610 In my initial recommendation to the City Council, I indicated that one- third of the total acquisition cost would be assessed to the Water and the Pollution Control Enterprise Funds for the water and sewer billing system. Of that amount, one-third was to be paid by Pollution Control and two- thirds was to be paid by Water. However, a reevaluation of that breakdown shows that the cost should be split 50/50 as both enterprises benefit equally from the billing system. This 50/50 split was used for the budget amendment amounts listed above. The resolution attached to this memo provides for Council approval of the necessary budget amendments needed for the purchase of the ADMINS/11 software and the PDP -11/44 hardware. bj/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 1 yyyyyyi II Recti tis $ 74,200 Expenditures_ Pollution Control Fund $ 37,100 Water Fund $ 37,100 $ 74,200 3. For the acquisition of the computer system: Expenditures General Fund, Finance $217,610 In my initial recommendation to the City Council, I indicated that one- third of the total acquisition cost would be assessed to the Water and the Pollution Control Enterprise Funds for the water and sewer billing system. Of that amount, one-third was to be paid by Pollution Control and two- thirds was to be paid by Water. However, a reevaluation of that breakdown shows that the cost should be split 50/50 as both enterprises benefit equally from the billing system. This 50/50 split was used for the budget amendment amounts listed above. The resolution attached to this memo provides for Council approval of the necessary budget amendments needed for the purchase of the ADMINS/11 software and the PDP -11/44 hardware. bj/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 1 I_ i i 1 1 Recti tis $ 74,200 Expenditures_ Pollution Control Fund $ 37,100 Water Fund $ 37,100 $ 74,200 3. For the acquisition of the computer system: Expenditures General Fund, Finance $217,610 In my initial recommendation to the City Council, I indicated that one- third of the total acquisition cost would be assessed to the Water and the Pollution Control Enterprise Funds for the water and sewer billing system. Of that amount, one-third was to be paid by Pollution Control and two- thirds was to be paid by Water. However, a reevaluation of that breakdown shows that the cost should be split 50/50 as both enterprises benefit equally from the billing system. This 50/50 split was used for the budget amendment amounts listed above. The resolution attached to this memo provides for Council approval of the necessary budget amendments needed for the purchase of the ADMINS/11 software and the PDP -11/44 hardware. bj/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r�: i 1 I_ i i r�: n RESOLUTION NO. 80-433 RESOLUTION AUTHORIZING PLACEMENT OF A FOUR-WAY STOP SIGN AT THE INTERSECTION OF MELROSE COURT AND BROOKLYN PARK DRIVE IN IOWA CITY, IOWA. WHEREAS, after due consideration, the City Council has determined that a four-way stop sign should be erected at the intersection of Melrose Court and Brooklyn Park Drive in Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Traffic Engineer is hereby authorized and directed to erect a four-way stop sign or signs at the intersection of Melrose Court and Brooklyn Park Drive in Iowa City, Iowa. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest, this resolution. It was moved by Perret and seconded by Erdahl 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 23rd day of Sept. 1980. AYOR ATTEST: 7 CITY CLERK MICROFILMED BY JCRM MICR+LAB CEDAR RAPIDS • DES MOINES rXCEIVED k D�1A10RT0101 !A LEGAL p i