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HomeMy WebLinkAbout1980-10-21 ResolutionRESOLUTION NO. 80-473 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SALE OF THREE HOUSES AND TWO GARAGES IN THE LOWER RALSTON CREEK NEIGHBORHOOD. WHEREAS, City of Iowa City has resolved to dispose of certain structures in the Lower Ralston Creek Neighborhood, and WHEREAS, notices were published in the local newspapers and sent to prospective bidders advertising for bids on these structures, and WHEREAS, Max Yocum has submitted the best bid for removal of the house and garage at 926 South Dubuque Street, and WHEREAS, Max Yocumhas submitted the best bid for removal of the house and garage at 930 South Dubuque Street, and WHEREAS, has submitted the best bid for salvage of the house at 916 South Dubuque Street, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Ia. That the contract to purchase for removal the house and garage at 926 South Dubuque Street be awarded to Max Yocum for $ 503.50 , and b. That the contract to purchase for removal the house and garage at 930 South Dubuque Street be awarded to Max Yocum for $ 253.00 , and c. That the contract to purchase for salvage the house at 916 South Dubuque Street be awarded to Max Yocum for $ 50.00 2. That the City Manager is hereby authorized to sign and the City Clerk to attest the agreement to sell the above-mentioned structures, subject to the conditions that awardees secure adequate performance bonds and insurance certificates. MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES d ii 1957 I r / RESOLUTION NO. 80-473 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SALE OF THREE HOUSES AND TWO GARAGES IN THE LOWER RALSTON CREEK NEIGHBORHOOD. WHEREAS, City of Iowa City has resolved to dispose of certain structures in the Lower Ralston Creek Neighborhood, and WHEREAS, notices were published in the local newspapers and sent to prospective bidders advertising for bids on these structures, and WHEREAS, Max Yocum has submitted the best bid for removal of the house and garage at 926 South Dubuque Street, and WHEREAS, Max Yocumhas submitted the best bid for removal of the house and garage at 930 South Dubuque Street, and WHEREAS, has submitted the best bid for salvage of the house at 916 South Dubuque Street, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Ia. That the contract to purchase for removal the house and garage at 926 South Dubuque Street be awarded to Max Yocum for $ 503.50 , and b. That the contract to purchase for removal the house and garage at 930 South Dubuque Street be awarded to Max Yocum for $ 253.00 , and c. That the contract to purchase for salvage the house at 916 South Dubuque Street be awarded to Max Yocum for $ 50.00 2. That the City Manager is hereby authorized to sign and the City Clerk to attest the agreement to sell the above-mentioned structures, subject to the conditions that awardees secure adequate performance bonds and insurance certificates. MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES d ii 1957 W n It was moved by Neuhauser and seconded by Vevera 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 i � i I 1 W n It was moved by Neuhauser and seconded by Vevera 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 21st day of October, 1980. AYOR ATTEST: &. CITY CLERK RECEIVED & APPROvED BY aZ:; I, 'GAL DEPART MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES the A"e� AGREEMENT TO SELL ,,{L � This Agreement to Sell is made this 1?� ay of 1981, by and between the City of Iowa City, fowa, herelna tf er c e SELLER, and Max Yocum, hereinafter called BUYER. WHEREAS, the City of Iowa City, Iowa, is authorized and empowered by state law to enter into agreements for the disposal of property owned by the City of Iowa City, Iowa, and WHEREAS, Resolution No. 80-473 authorized the sale of certain property in the Lower Ralston Creek project area, and WHEREAS, Max Yocum of Johnson County, State of Iowa, submitted a bid of eight hundred six and 50/100 dollars ($806.50) for the following described property: 916 S. Dubuque St. (House) E 50.00 926 S. Dubuque St. (House & Garage) $503.50 9301S. Dubuque St. (House & Garage) $253.00 NOW, THEREFORE, the BUYER and SELLER hereby mutually covenant and agree to the following terms, covenants and conditions: 1. THE SELLER is the owner of the following described property and has the right to sell and convey the same; to -wit: 916 S. Dubuque St. - House 926 S. Dubuque St. - House and Garage 930 S. Dubuque St. - House and Garage 2. That the BUYER agrees to pay SELLER the sum of eight hundred and six and 50/100 dollars ($806.50) as the purchase price for the property described in paragraph one above. 3. That upon tender of the agreed amount of money for the property described in paragraph one above, the SELLER has agreed to convey the same to the BUYER. 4. That the BUYER agrees to remove property at 926 S. Dubuque Street and 930 S. Dubuque St. from tilt(9(X�(d(A(9(d(EU(XXdIXi(XXMMXi�X11XAMXiIZRppX d<n;6JF�x�tD(Xt'N(M7fVd(XW�Xtl@QPY(XXOhi(4GY6N(Cldld(XIX1ZX1fIX@(XRR1(1f XdXXRdVIbX&RxItXX&XRXX ;3,7 their present location to a location that shall meet the applicable zoning requirements, within sixty (60) days of the date of this agreement. Also, that BUYER agrees to demolish property at 916 S. Dubuque Street within sixty (60) days of the date of this agreement. /9s7 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES i I , A"e� AGREEMENT TO SELL ,,{L � This Agreement to Sell is made this 1?� ay of 1981, by and between the City of Iowa City, fowa, herelna tf er c e SELLER, and Max Yocum, hereinafter called BUYER. WHEREAS, the City of Iowa City, Iowa, is authorized and empowered by state law to enter into agreements for the disposal of property owned by the City of Iowa City, Iowa, and WHEREAS, Resolution No. 80-473 authorized the sale of certain property in the Lower Ralston Creek project area, and WHEREAS, Max Yocum of Johnson County, State of Iowa, submitted a bid of eight hundred six and 50/100 dollars ($806.50) for the following described property: 916 S. Dubuque St. (House) E 50.00 926 S. Dubuque St. (House & Garage) $503.50 9301S. Dubuque St. (House & Garage) $253.00 NOW, THEREFORE, the BUYER and SELLER hereby mutually covenant and agree to the following terms, covenants and conditions: 1. THE SELLER is the owner of the following described property and has the right to sell and convey the same; to -wit: 916 S. Dubuque St. - House 926 S. Dubuque St. - House and Garage 930 S. Dubuque St. - House and Garage 2. That the BUYER agrees to pay SELLER the sum of eight hundred and six and 50/100 dollars ($806.50) as the purchase price for the property described in paragraph one above. 3. That upon tender of the agreed amount of money for the property described in paragraph one above, the SELLER has agreed to convey the same to the BUYER. 4. That the BUYER agrees to remove property at 926 S. Dubuque Street and 930 S. Dubuque St. from tilt(9(X�(d(A(9(d(EU(XXdIXi(XXMMXi�X11XAMXiIZRppX d<n;6JF�x�tD(Xt'N(M7fVd(XW�Xtl@QPY(XXOhi(4GY6N(Cldld(XIX1ZX1fIX@(XRR1(1f XdXXRdVIbX&RxItXX&XRXX ;3,7 their present location to a location that shall meet the applicable zoning requirements, within sixty (60) days of the date of this agreement. Also, that BUYER agrees to demolish property at 916 S. Dubuque Street within sixty (60) days of the date of this agreement. /9s7 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES i 0 Page 2 5. FORCED DELAY IN PERFORMANCE. Neither the SELLER nor the BUYER, nor any successor in interest, shall be considered in breach, or default of, its obligations with respect to the preparation of the property for removal or demolition, or the commencement and completion of removal or demolition, in the event of enforced delay in performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence. The time for the performance of the obligations shall be extended for the period of the enforced delay, as determined by the SELLER, if the party seeking the expenses shall request it in writing of the other party within ten (10) days after the beginning of the enforced delay. 6. REMEDIES. In General. Except as otherwise provided in this Agreement, in the event of any default in or breach of the Agreement or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the agreed party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. 7. That the SELLER shall supply to the BUYER a list of deficiencies concerning certain improvements that can be made by BUYER which shall be remedied by BUYER within six (6) months of the date of this agreement. 8. That BUYER shall secure a license prior to moving said property pursuant to Ordinance No. 2469 (Chapter 8, Article V of the Municipal Code of the City of Iowa City) and shall move said property according to the sections and provisions of said Ordinance. This Agreement is specifically subject to BUYER obtaining a moving permit and complying with the provisions stated in Ordinance No. 2469 which by this reference is made a part of this Agreement. 9. BUYER shall, prior and subsequent to moving said property, remove all rubbish and trash within said property and shall haul the trash and rubbish to the municipal sanitary landfill at his/her own expense. BUYER agrees to comply with standards and practices for protection of job site, trenching, movement of heavy equipment and other similar standards for demolition as set forth in the Uniform Building Code. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES Page 3 10. BUYER shall, after the completion of the removal or the demolition of said property, fill the basement level with the adjoining ground using clean, compacted fill dirt. 11. In addition to the above -stated consideration, BUYER shall deposit with the Building Inspector of the City of Iowa City, Iowa, a performance bond of five thousand dollars ($5,000) per structure to be moved. 12. That upon a showing by BUYER to the SELLER that the terms, covenants and conditions stated herein are complied with and upon SELLER'S approval of BUYER'S performance, SELLER shall refund to BUYER, BUYER'S performance bond, after deducting a sum sufficient to pay for any and all costs, damages and expenses incurred by the SELLER by reason of removal of said property. 13. Failure of performance by BUYER of any of the terms, covenants and conditions of this Agreement shall constitute a breach of contract and SELLER, in addition to any and all of the legal and equitable remedies which it may have, in its option, may proceed to cancel this contract and forfeit BUYER'S performance bond together with all monies paid to SELLER as compensation for the use of said property, and/or as liquidated damages for breach of contract. 14. BUYER shall secure from the local government authority having jurisdiction a certificate of occupancy prior to occupying or holding out said property for occupancy. 15. This Agreement shall be binding upon the heirs, executors, administrators, assigns, and successors of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever without an expressed written agreement between the parties involved to do so. Further, any and all heirs, executors, administrators, assigns, and successors shall be bound by the terms and conditions of this agreement and accept the responsibility for full performance of these conditions. 16. CONFLICT OF INTEREST: SELLER'S REPRESENTATIVES NOT INDIVIDUALLY AB o mem er, officia , or emp oy�ee o S1•IMR s a ave any personal interest, direct or indirect, in this Agreement, nor shall any member, official, or employee participate in any decision relating to this agreement which affect his/her personal interests or the interests of any corporation, partnership, or association in which she/he is, directly or indirectly, interested. No member, official, or employee of the SELLER shall be personally liable to the BUYER or any successor in interest, in the event of any default or breach by the SELLER or for any amount which may become due to the BUYER or successor or on any obligation under the terms of this Agreement. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /9s7 r f. Page 3 10. BUYER shall, after the completion of the removal or the demolition of said property, fill the basement level with the adjoining ground using clean, compacted fill dirt. 11. In addition to the above -stated consideration, BUYER shall deposit with the Building Inspector of the City of Iowa City, Iowa, a performance bond of five thousand dollars ($5,000) per structure to be moved. 12. That upon a showing by BUYER to the SELLER that the terms, covenants and conditions stated herein are complied with and upon SELLER'S approval of BUYER'S performance, SELLER shall refund to BUYER, BUYER'S performance bond, after deducting a sum sufficient to pay for any and all costs, damages and expenses incurred by the SELLER by reason of removal of said property. 13. Failure of performance by BUYER of any of the terms, covenants and conditions of this Agreement shall constitute a breach of contract and SELLER, in addition to any and all of the legal and equitable remedies which it may have, in its option, may proceed to cancel this contract and forfeit BUYER'S performance bond together with all monies paid to SELLER as compensation for the use of said property, and/or as liquidated damages for breach of contract. 14. BUYER shall secure from the local government authority having jurisdiction a certificate of occupancy prior to occupying or holding out said property for occupancy. 15. This Agreement shall be binding upon the heirs, executors, administrators, assigns, and successors of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever without an expressed written agreement between the parties involved to do so. Further, any and all heirs, executors, administrators, assigns, and successors shall be bound by the terms and conditions of this agreement and accept the responsibility for full performance of these conditions. 16. CONFLICT OF INTEREST: SELLER'S REPRESENTATIVES NOT INDIVIDUALLY AB o mem er, officia , or emp oy�ee o S1•IMR s a ave any personal interest, direct or indirect, in this Agreement, nor shall any member, official, or employee participate in any decision relating to this agreement which affect his/her personal interests or the interests of any corporation, partnership, or association in which she/he is, directly or indirectly, interested. No member, official, or employee of the SELLER shall be personally liable to the BUYER or any successor in interest, in the event of any default or breach by the SELLER or for any amount which may become due to the BUYER or successor or on any obligation under the terms of this Agreement. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /9s7 Page 4 17. RESTRICTIONS ON USE. BUYER agrees to abide by Section 18-32 Housing Discrimination of the City of Iowa City Code in the use or occupancy of the property or any improvements located or to be erected thereon. 18. ACCIDENT PREVENTION. The Buyer shall exercise proper precaution at all times or t e protection of persons and property including any barricading, flagmen and/or fencing required to protect the public, which protections shall be provided at BUYER'S expense, and shall be responsible for all injury or damages to persons or property, either on or off-site, which occur as a result of his/her prosecution of the work. The State's revisions of all applicable laws and building and construction codes shall be observed and the BUYER shall take or cause to be taken such additional safety and health measures as the City of Iowa City may determine to be reasonably necessary. 19. The BUYER shall indemnify and save harmless the City of Iowa City from liability for any injury or damages to persons or property resulting from the prosecution of work under this contract. 20. INSURANCE. (See Sec. 8-63 of the Iowa City Code) The BUYER shall file with the Building Inspector a liability insurance policy issued by an insurance company authorized to do business in the state, protecting the BUYER and the City and its officials, providing for coverage of fifty thousand dollars ($50,000.00) for any property damage, one hundred thousand dollars ($100,000.00) for injuries to any one person, and three hundred thousand dollars ($300,000.00) for injuries to all persons in any one accident, which policy may be a blanket insurance policy covering all house moving for which the applicant has obtained a permit. Such policy shall inure to the benefit of the City and the City shall be named insured therein for the use and benefit of any person intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance, nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted. 21. Storage of salvage materials and equipment on the project site will be permitted only for the duration of this contract, and the storage shall at no time interfere with the activities of the City of Iowa City or other parties. 22. The properties are sold "as is," without warranty as to condition, suitability for relocation in city limits, liability, etc. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i Page 5 r 23. Parties agree this Agreement shall be binding on their respective successors in interest but in no event shall this Agreement be assigned without written consent of CITY. Dated this /,= day of 1981. FOR CITY: FO BUYER: z L=� CITY MANAGER ATTEST: CITY RK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES Received & App►*Ved g The Legal DeparhWnl ,n7 �l\ RESOLUTION N0, 80-459 i ' RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYCXTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved or the following named person or persons at the following described location: Richard J. Bartholomew dba Bart's Place, 826 S. Clinton i I 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 Roberts and seconded by Vey that the Resolution as res a adopted, and upon 0e aIT there were: AYES: NAYS: ABSENT: Balmer Lynch x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 21st day of October 19 80 1 yor Attest: .� vl City Clerk 19 a. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I .. i RESOLUTION NO. 80-460 RESOLUTION ACCEPTING 7HE NORK FOR THE FY81 LANDFILL EXCAVATION PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY81 Landfill Excavation Project .as included in a contract between the City of Iowa City and Barkers Inc.. of Iowa City, Iowa dated March 18, 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 Roberta and seconded by Vevera that the resolution as re e a opts , and upon roll call ere were: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera AYES: NAYS: X X X X X X ABSENT: Passed and approved this 21st day of October: 19 80 ATTEST: City Clerk Received & Approved Ey Th legal Department MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES D R I r. 1 RESOLUTION NO. 80-460 RESOLUTION ACCEPTING 7HE NORK FOR THE FY81 LANDFILL EXCAVATION PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY81 Landfill Excavation Project .as included in a contract between the City of Iowa City and Barkers Inc.. of Iowa City, Iowa dated March 18, 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 Roberta and seconded by Vevera that the resolution as re e a opts , and upon roll call ere were: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera AYES: NAYS: X X X X X X ABSENT: Passed and approved this 21st day of October: 19 80 ATTEST: City Clerk Received & Approved Ey Th legal Department MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1") n ENGINEER'S REPORT FY 81 LANDFILL EXCAVATION PROJECT October 10, 1980 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the improvements as constructed in a contract between the City of Iowa City and Barkers Inc. of Iowa City, Iowa, dated March 18, 1980, has been completed by said contractor in substantial accordance with the plans and specifications governing said improvements. I further certify that the improvements, as constructed, included the following quantities: UNIT ITEM DESCRIPTIONUAQ NTITY PRICE AMOUNT 1. Excavate material, 197,676 cu yds $1.067 $210,920.29 Stockpile and shape as required TOTAL AMOUNT $210,920.29 TOTAL PREVIOUSLY PAID 189,828.27 TOTAL DUE CONTRACTOR $ 21,092.02 Respectfully submited, Charles J. chmadeke, P.E. City Engineer I` MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES ..„,; n 7J'c«<�, RESOLUTION No. 80-461 RESOL MON ACCEPTING THE NORTH DODGE STREET' COURT SANITARY SEXIER EXTENSION. WElEFM, the Engineering Department has certified that the following nProverents have been =vpleted in acoordance with plans and specifications of the City of Iowa City, The North Dodge Street Court Sanitary Seder Extension as constructed by Drake Construction, Inc. of Winterset, Iowa. AND WHEIMAS, Maintenance Binds for $21,226.70 are on file in the City Clerk's Office, NOW THM OM BE IT MMVED by the City Council of Iowa City, Iowa, that said kgwovmmts be accepted by the City of Iowa City. It was moved by Roberts and seconded by Vevera that the Resolution as read be acre gte , and upon roll 1 e were: AYES: NAYS: ABSENT: X X passed and approved this 21st day of October lg 80 —�' ATTJ22L - yorEST: Rmhod & Approved City Clerk By a(Legal Depailment IIICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Ii 1 i n 7J'c«<�, RESOLUTION No. 80-461 RESOL MON ACCEPTING THE NORTH DODGE STREET' COURT SANITARY SEXIER EXTENSION. WElEFM, the Engineering Department has certified that the following nProverents have been =vpleted in acoordance with plans and specifications of the City of Iowa City, The North Dodge Street Court Sanitary Seder Extension as constructed by Drake Construction, Inc. of Winterset, Iowa. AND WHEIMAS, Maintenance Binds for $21,226.70 are on file in the City Clerk's Office, NOW THM OM BE IT MMVED by the City Council of Iowa City, Iowa, that said kgwovmmts be accepted by the City of Iowa City. It was moved by Roberts and seconded by Vevera that the Resolution as read be acre gte , and upon roll 1 e were: AYES: NAYS: ABSENT: X X passed and approved this 21st day of October lg 80 —�' ATTJ22L - yorEST: Rmhod & Approved City Clerk By a(Legal Depailment IIICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Ii r ■ CITY CIVIC CENTER OF 410 E. WASHINGTON ST. r—) OWA C ITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT October 15, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and CounciIpersons: 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. The North Dodge Street Court Sanitary Sewer Extension as constructed by Drake Construction, Incorporated of Winterset, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully /lysubmitted, Charles J. Schmadeke, P.E. City Engineer bdw3/2 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES I a , 19a� �I i ■ CITY CIVIC CENTER OF 410 E. WASHINGTON ST. r—) OWA C ITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT October 15, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and CounciIpersons: 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. The North Dodge Street Court Sanitary Sewer Extension as constructed by Drake Construction, Incorporated of Winterset, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully /lysubmitted, Charles J. Schmadeke, P.E. City Engineer bdw3/2 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES I 19a� �I ■ W RESOLUTION NO. 80-462 RESOLUTION SETTING PUBLIC HEARING ON NOVEMBER 4, 1980, ON PROPOSED AMENDMENTS TO THE FIFTH YEAR HOLD -HARMLESS COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET, AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID PUBLIC HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-named proposal is to be held on the fourth day of November, 1980, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than ten (10) days before said hearing. 3. That information regarding the above-named proposal shall be placed on file in the office of the City Clerk for public inspection. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 21st day of October, 1980. 4;MAYUR ATTEST: , ".4 CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Received & Approved 5 Th Legal Department ., 10 6 Bo 19a7 f r 1. i W RESOLUTION NO. 80-462 RESOLUTION SETTING PUBLIC HEARING ON NOVEMBER 4, 1980, ON PROPOSED AMENDMENTS TO THE FIFTH YEAR HOLD -HARMLESS COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET, AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID PUBLIC HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-named proposal is to be held on the fourth day of November, 1980, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than ten (10) days before said hearing. 3. That information regarding the above-named proposal shall be placed on file in the office of the City Clerk for public inspection. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 21st day of October, 1980. 4;MAYUR ATTEST: , ".4 CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Received & Approved 5 Th Legal Department ., 10 6 Bo 19a7 f r 1. CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (319) 354.180 PUBLIC INFORMATION STATEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Prepared: October 21, 1980 Proposed Action: The City of Iowa City proposes to amend the fifth year hold -harmless entitlement Community Development Block Grant (CDBG) budget by allocating funds from contingency to a) the Senior Center renovation project and b) the housing rehabilitation program. The Iowa City Council will consider comments on these amendments at a public hearing to be held Tuesday, November 4, 1980, at 7:30 the Civic Center Council Chambers. p.m. in Background: Since 1975, the City Of Iowa City has been the recipient of CDBG funds from the U.S. Department of Housing and Urban Development. Utilizing those funds, allocated to the City over a five year entitlement. period, along with program income primarily from the disposition of urban renewal land and other available funds, the City has carried out a comprehensive program to upgrade the Iowa City community, particularly its older residential neighborhoods. Citizen input is required for any major action affecting the CDBG program and budget. Exhibits: rof the iishiaitmemor ndummaregardingPrreall catiionoosed budget of nthamedme thold-harm ess contingency. i For Additional Information: Contact James A. Hencin, CDBG Program Coordinator at 354-1800, Ext. 313. ' I i I� __ 19a7 j MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES .A \1 I � � N hw. CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (319) 354.180 PUBLIC INFORMATION STATEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Prepared: October 21, 1980 Proposed Action: The City of Iowa City proposes to amend the fifth year hold -harmless entitlement Community Development Block Grant (CDBG) budget by allocating funds from contingency to a) the Senior Center renovation project and b) the housing rehabilitation program. The Iowa City Council will consider comments on these amendments at a public hearing to be held Tuesday, November 4, 1980, at 7:30 the Civic Center Council Chambers. p.m. in Background: Since 1975, the City Of Iowa City has been the recipient of CDBG funds from the U.S. Department of Housing and Urban Development. Utilizing those funds, allocated to the City over a five year entitlement. period, along with program income primarily from the disposition of urban renewal land and other available funds, the City has carried out a comprehensive program to upgrade the Iowa City community, particularly its older residential neighborhoods. Citizen input is required for any major action affecting the CDBG program and budget. Exhibits: rof the iishiaitmemor ndummaregardingPrreall catiionoosed budget of nthamedme thold-harm ess contingency. i For Additional Information: Contact James A. Hencin, CDBG Program Coordinator at 354-1800, Ext. 313. ' I i I� __ 19a7 j MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES .A '1 EXHIBIT I FY81 HOLD -HARMLESS CDBG BUDGET: PROPOSED AMENDMENTS ACTIVITY Housing Rehabilitation Neighborhood Site Improvements Ralston Creek Flood Control Architectural Barrier Removal/Curb Ramps Senior Center Urban Renewal Administration/Disposition CBD Underground Utility Conversion Neighborhood Parks Energy Conservation River Corridor Improvements General Program Admin. Contingency TOTAL: Revenue Sources HUD/CDBG Funds Program Income TOTAL: FUNDS AVAILABLE 7/1/80(1) $ 38,596 242,027 905,057 1,683 1,004,209 129,449 165,000 10,400 10,890 58,417 57,340 313.979 $2,937,047 $2,687,047 250,000 $2,937,047 PROPOSED AMENDMENTS 10/21/80 $ 138,596 242,027 905,057 1,683 1,119,065 129,449 165,000 10,400 10,890 58,417 57,340 99.123 $2,937,047 Note: (1) Represents balance of hold -harmless funds carried forward from FY80. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 197 j City of Iowa C®iy EXXHHIBBIIT II Date: October 20, 1980 To: City Manager and City Council From: J Jim Hencin, CDBG Program Coordinator Re: Allocation of Hold -Harmless CDBG Contingency The City Council is being asked to consider two specific allocations from the hold -harmless CDBG contingency, $100,000 for housing rehabilitation (please see separate memo), and $114,856 for the Senior Center. Both allocations would be for projects now underway. In this regard, we thought it would be helpful to advise the Council of the status of the contingency and to consider alternate uses. Presently, the contingency totals $313,979. This results largely from budgeted contingency amounts and project underruns, but a portion also comes from program income such as rehabilitation loan repayments and land sales proceeds. Included in the above total, for example, are approximately $6,000 returned from the Riverfront Improvements Projects and $85,000 from the sale of Parcel 64-1 (the.hotel site). $165,000 was previously allocated from the sale of Parcel 64-1 for the CBD underground utility conversion project. The Council should also be aware of other anticipated CDBG revenues (program income) which are not budgeted at this time and thus are not reflected in the $313,979 total. Specifically, $50,000 from the sale of Parcel 82-1b, and $43,046 from the sale of a portion of the Senior Center site to the Ecumenical Housing Corporation are not budgeted at this time. If the Council concurs with staff recommendations to allocate $214,856 for housing rehabilitation and the Senior Center, the resulting balance of $99,123 may be held for other project contingencies, such as the Ralston Creek North Branch Project. Summarized below is the recommended reallocation of the contingency. bj1/8 Housing Rehabilitation $100,000 Senior Center 114,856 Contingency Balance 99,123 Total $313,979 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES igaz 1 �j f RESOLUTION NO. 80-463 AIIIiREAS, I'lum Crove Acres, Inc., and Bruce It. Glasgow and Florence R. Glasgow, the owners, have submitted a Preliminary Plat, Planned Area Development and Large Scale Residential Development Plan of certain lands hereinafter described in Part VIII, Court (till -Scott Bouldvard Addition to Iowa City, Iowa. WHEREAS, the Zoning and Planning Commission of Iowa City, Iowa, has reviewed the same and recommends the approval of said Preliminary Plat, Planned Area Development and Large Scale Residential Development Plan contingent upon the submittal of a landscape plan with the final plat, Planned Area Development and Large Scale Residential Development and the Zoning and Planning Commission has approved the granting of a waiver of the sidewalk ordinance allowing a sidewalk to be built on only one side of the proposed Tulane Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the Preliminary Plat, Planned Area Development and Large Scale Residential Development Plan proposed by Plum Grove Acres, Inc., and Bruce R. Glasgow and Florence R. Glasgow, on the property contained in Part VIII Court Ilill-Scott Boulevard Addition to Iowa City, Iowa, and which is more particularly described as follows: Commencing at the Southeast Corner of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00102'19"E, 2283.38 feet on the East line of the Southeast Quarter of said Section 12 to the Point -of -Beginning. Thence 1489057141"W, 100.00 feet on the North line of Lot 116; Court Hill -Scott Boulevard Addition, Part VII an addition to Iowa City, Iowa; Thence I445°21142"W, 109.19 feet on the North- easterly line of said Lot 116; Thence N89057'41"W, 202.44 feet on the North line of said Lot 116 to the East line of Oakwoods Addition Part 6 an addition to Iowa City, Iowa; Thence NO°36'40"W, 278.29 feet on I CEDAR RAPIDS - DES MOINES I rFILF IOCT 16 ABBIE STOLFUS CITY CLERK i i i the East line of Oakwoods Addition Part 6; Thence N28°03'16"E, 67.03 feet; Thence N55°05'20"W, 39.03 feet to the Northeast Corner of Lot 237 Oakwoods Addition Part 6; Thence :d57035'00"W, 66.00 feet to the North Corner of Lot 237 Oakwoods Addition Part 6; Thence N33035'40"E, 270.20 feet on the Southeasterly Right -of -Way line of Oberlin Street; Thence Northeasterly 23.56 feet on a 15.00 foot radius curve concave Southeasterly and whose 21.21 foot chord bears N78035'40"E; Thence 1433035140"E, 35.00 feet to the centerline of Lower West Branch Road; Thence S57°39118"E, 297.87 feet on the centerline of Lower West Branch Road to the centerline of Scott Boulevard, which is the East line of the Northeast Quarter of Section 12, Township 79 North, Range 6 West; Thence SO°35'42"W, 207.25 feet on the centerline of Scott Boulevard, to the Southeast Corner of the Northeast Quarter of said Section 12; Thence S0002'19"W, 364.59 feet on the centerline of Scott Boulevard to the Point -of -Beginning. Said tract of land containing 5.343 acres is hereby approved. BE IT FURTHER RESOLVED, that the City Clerk of Iowa City, Iowa, is hereby directed to certify a copy of this Resolution to the Recorder of Johnson County, Iowa, for the purposes of recording. JORM MICR+LAB p. CEDAR RAPIDS • DES MOINES R•vr;n'd A. ".na-oved By rhe le-Jat Dr.p,.1?mcnt _A 0�1 // • YL) ij 0 C T 161980 :81E STOLFUS -y NFRK j 'n Page 3 Resolution No. 80-463 It was moved by N.euhauser and seconded by Roberts that the Resolution as rea e a op e , and upon roll c=Mere were: AYES: NAYS: ABSENT: x BALMER EROAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 21st day of October , 1980 . ,CITY CLERIV Y - �j*' CEDAR RAPIDS • OES MOINES i s 'n Page 3 Resolution No. 80-463 It was moved by N.euhauser and seconded by Roberts that the Resolution as rea e a op e , and upon roll c=Mere were: AYES: NAYS: ABSENT: x BALMER EROAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 21st day of October , 1980 . ,CITY CLERIV Y - �j*' CEDAR RAPIDS • OES MOINES n1 :i L t n1 :i •:rM / NOTICE OF PROPOSED SALE OF PROPERTY RESOLUTION NO. 80-447 RESOLUTION SETTING PUBLIC HEARING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN EAST IOWA CITY (VACATED F STREET R.O.W. BETWEEN MUSCATINE AVENUE AND 3RD STREET). WHEREAS, the City of Iowa City owns the following real property: Beginning at the intersection of the Northeasterly line of Muscatine Avenue and the South line of Block 25 of East Iowa City as platted and recorded in Johnson County, Book 1, page 92; thence East 255.05 feet to the Southeast corner of said Block 25; thence S 00 00'45" E, 75.0 feet to the Northeast corner of Block 26 of said East Iowa City; thence West 172.90 feet on the North line of said Block 26 to the Northeasterly line of Muscatine Avenue; thence N 47° 36'38" W, 111.25 feet to the point of beginning. Said tract containing 16,048.00 square feet; and WHEREAS, the City Council proposes to sell the above-described real property to John F. and Karen LGillispie and Michael A. and Helen L. Rittenmeyer; and WHEREAS, the proposed sale will be subject to the following terms: i 1. The price for the sale of the above-described real property will be $18,000. 2. Prior to conveyance the City shall convey an easement to Iowa -Illinois Gas and Electric, fifteen feet in width, over the existing gasline, the centerline of which is described as follows: Commencing at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as platted and recorded in Johnson County Book 1, Page 92, thence S 470 36138" E along the Northeasterly R.O.W. line of Muscatine Avenue 38.0 feet to the point of beginning; thence Southeasterly to a point on the West R.O.W. line of Third Avenue which point is 27.5 feet north of the Northeast corner of Lot 1, Block 26, East Iowa City. ..=w +.+.tiltur:4.' '(iii Ll4.IM4Av(1'Y4,t'�r 11 N�.'h .'?:II�JLIi:i(dgCpT.jFj(�7 ..�-. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i9yy 3. 'Contemporaneously with the conveyance of the property described above, the parties shall convey to Helen Svatos in return for the Payment of $500.00, the following described real estate, which is a part of the property described above: Beginning at the , intersection of the J Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as platted and recorded in Johnson County Book 1, Page 92; thence East along said south line Of Block 25 85.05 feet; thence southwesterly 68.10 feet to a point on the Northeasterly R.O.W. line of Muscatine Avenue which is S 471 36'38" E. 30.00 feet from the point of beginning; thence N 47° 36138" W 30.00 feet to the point of beginning; and WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to sell the above- described real property to John F. and Karen L Gillispie and Michael A. and Helen L. Rittenmeyer for the sum of $18,000. 2. That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above-described property at the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 21st day of October, 1980, and any persons having objections to said proposed action may appear and file their objections at said hearing. I r Dated this 8th day of October, 1980. ABBIE STOLFUS, CITY LERK i 1 _ 1 x MICROFILMED BY JORM MICR+LAE3 t ;� CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-464 RESOLUTION AMENDING THE PROCEDURE FOR APPROVING LIQUOR CONTROL LICENSES AND BEER PERMITS, AND APPROVING REFUNDS OF LICENSE FEES. WHEREAS, the City Council of Iowa City has previously approved the issuance of liquor control licenses and beer permits, as well as any refund of fees from the surrender of such licenses and permits, by formal Resolution; and WHEREAS, Sections 123.32(2) and 123.38 of the Iowa Beer and Liquor Control Act do not require the City Council to approve the issuance of such licenses and permits and the payment of appropriate refund from such licenses by a formal roll call vote; and WHEREAS, in interests of efficiency it is deemed in the public interest to approve such actions by motion only. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the issuance of all liquor control licenses and beer permits, and the payment of refunds for surrendered licenses and permits, shall appear on the Consent Calendar of the Council's Agenda as a motion to be approved by voice vote. 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 21st day of October, 1980. 9 YOR ATTEST: CITY CLERK of MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DEE MOINES Received & Approved By The Le4gal Department /' I ' City of Iowa C►'�� MEMORANDUM Date: October 3, 1980 To: Abbie Stolfus, City Clerk From: Roger Scholten, Assistant City Attorney Re: Approval of Beer and Liquor Applications QUESTION PRESENTED Whether it is necessary for the City Council to approve beer and liquor applications by resolution, or whether such applications may be approved by motion? CONCLUSION The City Council has the authority to establish the procedure of approving beer and liquor applications by motion rather than by resolution. DISCUSSION Although Iowa municipalities have been granted home rule authority, exercise of this power must be consistent with state statute. Regarding this question, several code sections are particularly relevant: Section 364.3(1): A city council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance. Section 364.6: A city shall substantially comply with a procedure established by a state law for exercising a city power. If a procedure is not established by state law, a city may determine its own procedure for exercising the power. Significantly, Section 123.32(2) of the Code does not provide for a I� specific procedure: The local authority shall either approve or disapprove the issuance of a liquor control license or retail beer permit, and shall endorse such approval or disapproval on the application and forward same along with the required fee and bond to the department. 1 Since the manner of approval is not specified by the state statute nor by the city charter, the City Council is empowered to establish its own procedure. The procedure may provide for license approval by MICROFILMED BY JORM MICR+LAB 7 CEDAR RAPIDS • DES MOINES z resolution or a motion. It is important to note that the Beer and Liquor Control Department issues the license, not the City. Therefore, a formal recorded vote does not appear necessary; and approval by motion would be sufficient. bdw4/6-7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I MELVIN 0. SYNHORST SECRETARY OF STATE EOi,O 4�.E.1Cti A.�i N 9 J y1Y �FY 0� Watt of 3otna 1iecretarp of *tate 38es Boineg October 28, 1980 Abbie Stolfus, City Clerk City of Iowa City Civic Center 410 E. Washington St. ,. Iowa City, Iowa 52240 Re: City of Iowa City and City of Coralville Joint Financing of Facilities -.Seven transit coaches Dear Ms. Stolfus: I- have received the above described MELVIN 0. SYNHORST SECRETARY OF STATE EOi,O 4�.E.1Cti A.�i N 9 J y1Y �FY 0� Watt of 3otna 1iecretarp of *tate 38es Boineg October 28, 1980 Abbie Stolfus, City Clerk City of Iowa City Civic Center 410 E. Washington St. ,. Iowa City, Iowa 52240 Re: City of Iowa City and City of Coralville Joint Financing of Facilities -.Seven transit coaches Dear Ms. Stolfus: Very sincerely, 0111 D. SYNHORST Secretary of State MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I We have received the above described You submitted to agreement, which this office for filing, the provisions of pursuant to Chapter 28E, 1979 Code of Iowa. You may consider the same filed as of October 27, 1980, Very sincerely, 0111 D. SYNHORST Secretary of State MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I RESOLUTION NO. 80-465 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE JOINT ACQUISITION OF TRANSIT EQUIPMENT. WHEREAS, Chapter 28E of the 1979 Code of Iowa provides, in substance, that any power which may be exercised by a public agency of this state, may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to jointly procure transit coaches, and WHEREAS, the City of Iowa City, as lead agency, will buy transit coaches and then sell said coaches to the City of Coralville, and WHEREAS, the City of Coralville will pay the City of Iowa City a share of the administrative costs involved. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE that: 1. The City Manager is hereby authorized to sign and the City Clerk to attest an agreement between the City of Iowa City and the City of Coralville, a copy of which agreement is attached to this Resolution and made a part hereof. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest this Resolution. 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 1 I I RESOLUTION NO. 80-465 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE JOINT ACQUISITION OF TRANSIT EQUIPMENT. WHEREAS, Chapter 28E of the 1979 Code of Iowa provides, in substance, that any power which may be exercised by a public agency of this state, may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to jointly procure transit coaches, and WHEREAS, the City of Iowa City, as lead agency, will buy transit coaches and then sell said coaches to the City of Coralville, and WHEREAS, the City of Coralville will pay the City of Iowa City a share of the administrative costs involved. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE that: 1. The City Manager is hereby authorized to sign and the City Clerk to attest an agreement between the City of Iowa City and the City of Coralville, a copy of which agreement is attached to this Resolution and made a part hereof. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest this Resolution. 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 21st day of October 1980. AYOR ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MY THE bEOAL DEPARTURT I . i t i i t a AGREEMENT TO SELL TRANSIT•EQUIPMENT ,.,7}—_ THIS AGREEMENT is made this day of LS Gle L 1980, by and between the City of Iowa City, Iowa, hereinfter called SELLER, and the City of Coralville, Iowa, hereinafter called BUYER. WHEREAS, the City of Iowa City, Iowa, and the City of Coralville, Iowa, have both filed for capital grants with the Iowa Department of Transportation under provisions of Section 18 j of the Urban Mass Transportation Act of 1964, as amended; and WHEREAS, the City of Iowa City and the City of Coralville each desire to purchase transit coaches of similar size and design; and WHEREAS, the City of Iowa City and the City of Coralville find it in their mutual interest to jointly procure said transit coaches, with the City of Iowa City acting as the single procuring agency. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and the performance thereof, the SELLER hereby sells and delivers to the BUYER the property herein described on the following terms, covenants, conditions and restrictions. 1. SELLER agrees to sell to BUYER twod (2) 45 -passenger coaches, with lift equipment. 2. As consideration for said transit coaches, BUYER agrees to the following terms and conditions: a. BUYER shall pay SELLER an amount equal to one hundred percent of the actual purchase price of the new transit coaches. b. BUYER shall pay SELLER one-fourth of the local share of the actual cost of contract administration. The administrative costs under this capital project shall include only those eligible under an approved Cost Allocation Plan prepared in accordance with Appendix 4A of UMTA's External Operating Manual. C. The total amount of money herein stated is to be prepaid to the SELLER within fifteen (15) days prior to the date required for payment by the SELLER for all equipment purchased as part of this project. IN WITNESS THEREOF, we have hereunto affixed our signatures on the date first written above. SELLER BY: CITY MANAGER CITY OF IOWA CITY CITY OF CORALVILLE 0 ATTEST: ATTEST: CITY CLERK CIT LE K MICROFILMED BY JORM MICR+LA6 t° CEDAR RAPIDS • DES MOINES I { g t 1 a AGREEMENT TO SELL TRANSIT•EQUIPMENT ,.,7}—_ THIS AGREEMENT is made this day of LS Gle L 1980, by and between the City of Iowa City, Iowa, hereinfter called SELLER, and the City of Coralville, Iowa, hereinafter called BUYER. WHEREAS, the City of Iowa City, Iowa, and the City of Coralville, Iowa, have both filed for capital grants with the Iowa Department of Transportation under provisions of Section 18 j of the Urban Mass Transportation Act of 1964, as amended; and WHEREAS, the City of Iowa City and the City of Coralville each desire to purchase transit coaches of similar size and design; and WHEREAS, the City of Iowa City and the City of Coralville find it in their mutual interest to jointly procure said transit coaches, with the City of Iowa City acting as the single procuring agency. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and the performance thereof, the SELLER hereby sells and delivers to the BUYER the property herein described on the following terms, covenants, conditions and restrictions. 1. SELLER agrees to sell to BUYER twod (2) 45 -passenger coaches, with lift equipment. 2. As consideration for said transit coaches, BUYER agrees to the following terms and conditions: a. BUYER shall pay SELLER an amount equal to one hundred percent of the actual purchase price of the new transit coaches. b. BUYER shall pay SELLER one-fourth of the local share of the actual cost of contract administration. The administrative costs under this capital project shall include only those eligible under an approved Cost Allocation Plan prepared in accordance with Appendix 4A of UMTA's External Operating Manual. C. The total amount of money herein stated is to be prepaid to the SELLER within fifteen (15) days prior to the date required for payment by the SELLER for all equipment purchased as part of this project. IN WITNESS THEREOF, we have hereunto affixed our signatures on the date first written above. SELLER BY: CITY MANAGER CITY OF IOWA CITY CITY OF CORALVILLE 0 ATTEST: ATTEST: CITY CLERK CIT LE K MICROFILMED BY JORM MICR+LA6 t° CEDAR RAPIDS • DES MOINES RESOLUTION NO. ZV d RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF CORALVILLE AN AGREaIENT WITH THE CITY OF IOWA CITY REGARDING THE PURCHASE OF TWO TRANSIT COACHES. WHEREAS, the City of Iowa City, Iowa, and the City of Coralville, Iowa, have both filed for capital grants with the Iowa Department of Trans- portation under provisions of Section 18 of the Urban Mass Transportation Act of 1964, as amended; and WHEREAS, the City of Iowa City and the City of Coralville each desire to purchase transit coaches of similar size and design; and WHEREAS, the City of Iowa City and the City of Coralville find it in I their mutual interest to jointly procure said transit coaches, with the City of Iowa City acting as the single procuring agency; and WHEREAS, it is necessary and desirable for the City of Iowa City and the City of Coralville to enter into an agreement whereby the City of Iowa City will thereafter sell two of said transit coaches to the City of Coral- ville; and ;••i WHEREAS, said agreement, consiting on onetypew�Iritten pagee, sthagqs;been � 1' f: �R 4113 I•''V,'Ri�� I ��f'J AFI prepared by ,the City of Iowa City andlsuboitted too hr City o Co t for execution �{trryr i. NOW, THEREFORE, BB IT'RESOLVED by7 the, Cly �C�ame �� jpl3 Coralville, Johnson County, Iowa thatlthe Hayoz.,A ICltjrGla:k arms authorized and directed to execute onebehalf of the3Clty,of Cotalrl{1,tis thi, above described agreement and to forward the same with a copy of Chis reso lution to the City of Iowa City for their execution. PASSED and approved this 7th day of October, 1980. ATTEST: HELEN MOT, City Clerk I 4 9f f MICR+LA9 LDORM CEDAR RAPIDS • DES MOINES I The above and foregoing Resolution was introduced by Council Member who moved its adoption. It was seconded by Council Member _ 'j u After discussion, the following roll was called: AYES NAYS L� L� C� L� L� ABSENT Cole Ovorsky Ehmsen Fausett Stewart Whereupon the Mayor declared the motion duly carried and the Resolution duly adopted this _� day of 19 %Wj t.iz,ll�al I a!L"ir1ra�� J � f li�ii 1 +i" r'ill{ yy ATTEST ELEN GAUT, City Clerk I � y ,j it sr it l JORM MICR+LAB - CEDAR RAPIDS F DES MOINES. 1 RESOLUTION NO. 80-466 + RESOLUTION OPPOSING THE CALLING OF A CONSTITUTIONAL CONVENTION AND OPPOSING AN AMENDMENT WHICH PLACES LIMITS ON STATE AND LOCAL REVENUE. i WHEREAS the constitution should be an instrument that sets out the i general relationships between the various branches and levels of government as guidelines for legislative action in setting the structure, function, procedures, and limits for governments to use in the performance of their duties; and i WHEREAS the constitution is not the appropriate place for satisfying temporary interests; and e WHEREAS a convention could open the whole constitution to revisions that risk undesirable changes; and WHEREAS Iowa's constitution has served this state for more than 120 years by clearly setting forth those principles and procedures that insure adequate representation of public interests on transitory procedural and financial matters; and WHEREAS the limiting of state and local revenue or spending by a constitu- tional amendment denies state and local government the ability to respond to citizen demands on specific problems, and WHEREAS present efforts to call a constitutional convention are motivated by a singular issue of limiting state and local revenues; and WHEREAS sound constitutional provisions could be seriously jeopardized by a constitutional convention initiated and effectuated by a single interest; NOW, THEREFORE, BE IT RESOLVED that the City Council of Iowa City, Iowa opposes the calling of a constitutional convention for the purpose of adding an amendment that places limits on state and local revenues, and reaffirms its opposition to such an amendment. 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 I ---- --------- MICROFILMED -----MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES '� Resolution No!"�10-466 n Page 2 Passed and approved this 21st day of October, 1980. —��J—QMAYOR Receiv^!d F, `rte-,rved By The Leg,, ailment to to Bo i i r rd Resolution No!"�10-466 n Page 2 Passed and approved this 21st day of October, 1980. —��J—QMAYOR Receiv^!d F, `rte-,rved By The Leg,, ailment to to Bo i rd RESOLUTION N0. 80-467 RESOLUTION AUTHORIZING EXECUTION OF MI AGIZEENIENT FOR SANITARY SEWER EXTENSION WITH WILLA J. & CATHERINE A. DICIMS WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Willa J. and Catherine A. Dickens , a copy of said —agreement being atta to a Peso u on s reference made a part Tier and, WHEMAS, the City Council deans it in the public interest to enter into said agreement which binds Willa and Catherine Dickens to pay the City $2,794.84 at such time they or subsequent owners tap the North Dodge Street Court sewer extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Willa J. and Catherine A. Dickens 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Perret and seconded by Vevera the Resolution be adopted, iipcn r=ecall there were: AYES: NAYS: ABSENT: x HALMER • x EROAHL • x LYNCH X NEUHAUSER X PERRET x ROBERTS x VEVERA Passed and approved this 21st day of October p , 1980, ATTEST: Mayor City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Rineeived a Approved d+/ The Legal Departmenf I J Y !9 1 � 1 RESOLUTION N0. 80-467 RESOLUTION AUTHORIZING EXECUTION OF MI AGIZEENIENT FOR SANITARY SEWER EXTENSION WITH WILLA J. & CATHERINE A. DICIMS WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Willa J. and Catherine A. Dickens , a copy of said —agreement being atta to a Peso u on s reference made a part Tier and, WHEMAS, the City Council deans it in the public interest to enter into said agreement which binds Willa and Catherine Dickens to pay the City $2,794.84 at such time they or subsequent owners tap the North Dodge Street Court sewer extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Willa J. and Catherine A. Dickens 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Perret and seconded by Vevera the Resolution be adopted, iipcn r=ecall there were: AYES: NAYS: ABSENT: x HALMER • x EROAHL • x LYNCH X NEUHAUSER X PERRET x ROBERTS x VEVERA Passed and approved this 21st day of October p , 1980, ATTEST: Mayor City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Rineeived a Approved d+/ The Legal Departmenf I AGREETIENT FOR SANITARY SIXER EXTENSION THIS AGREEI1ETIr made this 29th day of August , 19 80 by i and between the City of Iowa City (hereinafter referred to as "CITY") and Willa J. Dickens of 109 Green Mountain Drive, Iowa City, Johnson Coun Iowa, (hereinafter referred to as "USER"). MIEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: SEE ATTACHMENT "All (Description of Property to be Served) and WHEREAS, said User wishes to have a sanitary sewer main installed adjacent to the above described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1977, as to the installation of said sanitary sewer. NOW, IVEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will .install the sanitary sewer at its own cost adjacent to the property owned by the User. Said mains and appurtenances are further described as follows: SEE ATTACHMENT 911 (Description of Sanitary Sewer Line and Appurtenances) In consideration for the City's installation of said sanitary sewer and appurtenances, the User agrees to pay a lump shun fee of $ 2,794.84 at such time the User or subsequent owners of the land tap on to the sanitary sewer, in part or in whole. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1977, and more specifically the cost of such improvements need not meet the requirements of notice, benefit 03 -value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said sewer and appurtenances, the owner agrees as a convenant running with the land that this agreement shall be binding on the owner, its assigns or successors in interest, purchasers of said ._..:.. ._., ,... JORM MIC RI?LAB -..... CEDAR RAPIDS • DES MOINES M -2 - property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost j of the service taps and all rehabilitation of such materials necessary to make I a service tap. F Dated this day of ( 19k at Iowa City, Johnson County, Iowa. M By: Sworn and subscribed to before me this day of , 19L. [Yfi'Bf,W�K , MDasiwraD aw ' otary Public in and for Johnson- County, o sonCounty, Iowa My commission expires , 19 CITY OF IOIVA CITY �f MAYOR ATTEST: ITY CLERK State of Iowa ) ) SS County of Johnson ) On this 22nd day of October in the year 1980 -before me, Ramona Parrott , a notary public in and -or sai county of Johnson , state o _ Iowa ,. residing therein, duly commissione answorn, personally appeare John R. Balmer , known to me to be the Mayor, and Abbie Stolfus ,own 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. ois in and for Johnson y CoLm , State of Iowa MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES RetetvW & Awoved gy The IEgsl Depadmenl IC Arl S n 0 ATTACHMENT A Description of Property to be Served Lots 1, 4, 10 and 11 of Ricords Subdivision of the NE 1/4 of the SW 1/4 of Section 2, Township 79 North, Range 6 West of the 5th P.M., according to the recorded plat thereof. ...._.. PIILKVr ILMtU 01 .. ......___. JORM MICR+LAB CEDAR RAPIDS • DES MOINES /9,"o/ 1 q I.. 6 ATTACH14ENT "B" EASEMENT This agreement, made and entered into by and between Willa J Catherine M.._DiglgJL�-of Iowa City 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: and 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 installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as second party shall from time to time elect for conveyingsewagewith all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protec- tion therefore, and also a right of way, with the right of ingress and egress thereto, including all the area located within five (5) feet to either side of the line described as follows: A twenty (20.00) foot wide Sanitary Sewer Easement more particularly described as follows: Commencing at a point 20.00 feet South of the Northwest Corner of. Lot 6 in the Subdivision of the Northeast Quarter of the Southwest Quarter of Section 2, Township 79 North, Range 6 West of the 5th. Principal Meridian, known as Ricords Subdivision, according to the plat recorded in Plat Book 4, Page 149, Plat Records of Johnson County, Iowa, which point is the intersection of the Southerly Right -of -Way line of North Dodge Street Court and the Easterly Right -of -Way line of Conklin Street and for purposes of this description the Southerly Right -of - Nay line of North Dodge Street Court is assumed to bear East; Thence East, 640.00 feet on the Southerly Right -of -Way line of North Dodge Street Court to the Point -of -Beginning of the Centerline feet;said Thence 20.00 foot Sanitary Sewer Easement; Thence East, s00028141"E, 131.80 feet; Thence N83°29'34"E, 166.77 feet; Thence S76°49132"E, 243.51 feet; Thence N40037'47"E, 236.12 feet to Manhole N-29 on the Northeast Trunk sanitary sewer. First party further grants to second party: 1. The right of grading said strip 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 line to such extent as second party may find reasonably necessary; 2. The right to support said lines across ravines and water- courses with such structures as -second party shall -from time to time elect; - - 3. The right from time to time to trim and to cut down and.___ ._ clear away any and all trees and brush now or hereafter on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of second party may be a hazard to said lines or may interfere 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 first party, but all tops, lops, brush and refuse wood shall be burned or removed by second party; I MICROFILMED BY JORM MIC R+LA6 CEDAR RAPIDS • DES MOINES a I -z- 4. The right of ingress to and egress from said strips over and across said lends by means of roads and lanes thereon, if such there be; otherwise, by such route or routes aN 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 strip by any public road or highway now crossing or hereafter crossing said lands; i 5. The right to install, maintain and use gates in all fences which now cross or shall hereafter cross said strips; 6. The right to mark the location of said strips by suitable markers set in the ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use first party shall .rake of said strips. i (a) Second party shall not fence said strip; (b) Second party shall promptly backfill any trench made by it on said strip and repair any damage it shall do to first partyrs d private roads or lanes on said lands. (c) Second party shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress, constructions and maintenance or by any wrongful or negligent act, omission of second party or of its agents or employees in the course of their employment. First party reserves the right to.use said strips for purposes which will not interfere with second party's full enjoyment of the rights hereby granted; provided that first party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or dimish or substantially add to the ground cover over said pipe lines. First party does hereby covenant with second party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The 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 �� day of October A.D��1980 /�/�1/!i Willa J. �Jickens Catherine A. Dickens Subscribed and sworn to before me this / i- day of October A.D. 1980 g CHI;P.t£S A. 0,1933 lry OWMIS-93H ELPIRES Notary Public in and for 'ithe eccounty of Johnson, State of Iowa i 1 C 1 - y CEDAR RAPIDS DES MOINES j. ` I -z- 4. The right of ingress to and egress from said strips over and across said lends by means of roads and lanes thereon, if such there be; otherwise, by such route or routes aN 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 strip by any public road or highway now crossing or hereafter crossing said lands; i 5. The right to install, maintain and use gates in all fences which now cross or shall hereafter cross said strips; 6. The right to mark the location of said strips by suitable markers set in the ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use first party shall .rake of said strips. i (a) Second party shall not fence said strip; (b) Second party shall promptly backfill any trench made by it on said strip and repair any damage it shall do to first partyrs d private roads or lanes on said lands. (c) Second party shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress, constructions and maintenance or by any wrongful or negligent act, omission of second party or of its agents or employees in the course of their employment. First party reserves the right to.use said strips for purposes which will not interfere with second party's full enjoyment of the rights hereby granted; provided that first party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or dimish or substantially add to the ground cover over said pipe lines. First party does hereby covenant with second party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The 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 �� day of October A.D��1980 /�/�1/!i Willa J. �Jickens Catherine A. Dickens Subscribed and sworn to before me this / i- day of October A.D. 1980 g CHI;P.t£S A. 0,1933 lry OWMIS-93H ELPIRES Notary Public in and for 'ithe eccounty of Johnson, State of Iowa i 1 C 1 - y CEDAR RAPIDS DES MOINES j. PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Bond #IA -403,456 Know All Men By These Presents: That Drake Construction, Inc. of Ninterset, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the (.i ty of Tovla Ci ty, Tnwa , in the penal sum of Fourteen Thousand Four Hundred Ninety -Two and No/100-------------------------- (S 14,492.00 )DOLLARS, lawfulmoney of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 30th day of _ Seotember A D 19 80 Whereas, the said Principal entered into a certain contract, dated the day of , 19 with the , to furnish all the material and labor necessary for the construction of , Dodge Street Court Sanitary Sewer Extension Phase I in the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract'is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City as aforesaid; Now, Therefore, the Condition of this Obllgalion is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of I*wn years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall In all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved October 21 1980 By."/ By Lft , -) `�` yj 1, t d,,, ERCHANT3 MUTUAL BC Cit Solicita CEDAR RAPIDS • DES•MDINESI Principal iss, III, Vice President -17 _. 'i 1 I .. I,. 1 I .. 0 i CERTIFICATION ? s i I, the undersigned officer of the MERCHANTS MUTUAL BONDING COMPANY, hereby certify that the following is'a full and true copy of Section S and Section Sb of Article II of the By -Laws of said Company: Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds I and undertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of, 5b: — The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company. W.W. Warner, President and Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, Vice President; William W. Warner, Vice President; C.W. Story, Vice President; M.M. Thompson, Vice President; M.J. Long, Vice President; W.G. Brundage, Secretary -Treasurer; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this inth day of September , 19—M President State of Iowa ) )ss County of Polk) On this 30th day of Spptpnbpr , 19_80—, before me appeared W.W. Warner, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing Instrument, and that the Seal affixed to the said Instrument is the Corporate Seal of the said Corporation and that thesaid Instrument was signed and sealed in behalf of said Corporation by authority of Its Board of Directors, IN TESTIMONY WHEREOF, I havehereuntoset myhandaffixed myOfficial Sealat theCityof DesMoines, Iowa, the day and year first above written, n n �'V1Gtn�1 Co i Notary Public, Polk County, Iowa My Commission Expires 9.30-0 P3 NOTARY SEAL j \ MICROFILMED BY JORM MICR+LAB 1 CEDAR RAPIDS • DES MOINES PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Bond #IA -403,457 Know All Men By These Presents: That Drake Construction, Inc. of Winterset. Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the Ci ty of Tnwa f i tv Tnwa , in the penal sum of Six Thousand Seven Hundred Thirty-Fnnr and 70/100----------- ($ 6,734.70 )DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 30th da of September y A.D. 19 80 Whereas, the said Principal entered into a certain contract, dated the day of ,19 _, with the and labor necessary for the construction of Dodge Street Court Sanitary Sewer Extension Phase II to furnish all the material In the Ci tY Of Iowa Ci ty , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects In workmanship or materials that may develop in said work within a period of Two years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said COMPANY of Des Moines Iowa consideration, has agreed oCjoin MERCHANTS said Principal In such bond or gguarantee, Indemnifyingosaid r a valuable City of Iowa City as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of _Twp ears from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall In all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain In full force and virtue In law. 1 Principal Approved October 21 1980 2ERCH�t�S�UTUAL By )hml rn�•) k.4� nI t12O`� BONCit So ..__... By , III, Vice President CERTIFICATION I, the undersigned officer of the MERCHANTS MUTUAL BONDING COMPANY, hereby certify that the following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company; Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds andtundertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of. 5b: — The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Powerof Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company. W.W. Warner,. President and Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, Vice President; William W. Warner, Vice President; C.W. Story, Vice President; M.M. Thompson, Vice President; M.J. Long, Vice President; W.G. Brundage, Secretary -Treasurer; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this 30th day of beptember 17 R President State of Iowa ) )ss County of Polk ) On this 3(lth day of September 19-10—, before me appeared W.W. Warner, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. NOTAP.Y SEAL MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES -�Y U-ary Notary Public, Polk County, Iowa My Commission Expires 9.30-Vt2 n /\, No. 13__ /1 § 5.694.29 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Shive-Hatteery of Iowa'FON , its successors or assigns, t— >�m of $ 5,694.29 with interest thereon at the rate of seven percent (78)per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second.Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated July 25 , 1978 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 10th day of October _ _, 19 80 . TY F IOWA CITY IOWA (SEAL) AT5TST gayor Clerk This instrumentresented and not paid for want of funds this /O.nL day of �� _, 19ifo. City Treas.4rer AHLERS• COONEY. DORWEILER• HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA a ASSIGNMENT The attached Construction Warrant in the amount of is hereby assigned to in consideration of receipt by the undersigned froT said assignee.of the sum of $ Dated this day of _ 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) ANLERS. COONEY. DORWEILER. HAYNIE a SMIYN, LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES I Council Member Perret introduced the following Resolution entiticd--S`RESOLUTION DIRECTING THC DCLIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Roberts _ seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, Lynch, _Neuhauser.-Perret. Roberts _ __ NAYS: None--,------------- _---.— Whereupon, the Mayor declared the following Resolution duly adopted: 80-468 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City.by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (79) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (109) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHL[R!, COONEY. DORW[IL[R. HAYNIE &SMITH. LAWYERS, D[, MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES 1 14 r Council Member Perret introduced the following Resolution entiticd--S`RESOLUTION DIRECTING THC DCLIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Roberts _ seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, Lynch, _Neuhauser.-Perret. Roberts _ __ NAYS: None--,------------- _---.— Whereupon, the Mayor declared the following Resolution duly adopted: 80-468 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City.by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (79) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (109) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHL[R!, COONEY. DORW[IL[R. HAYNIE &SMITH. LAWYERS, D[, MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES e 14 and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. 13 TO Shive-Hattery -3- DATE AMOUNT 10/10/80 $5,694.29 AHLERS. COONEY, DORWEILER, HAYNIE S SMITH, LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L s i I, I I, '\ 1 1 . I 1 and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. 13 TO Shive-Hattery -3- DATE AMOUNT 10/10/80 $5,694.29 AHLERS. COONEY, DORWEILER, HAYNIE S SMITH, LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L s i I, I I, I nnrT l 1. .. PASSED AND APPROVED, this 21st day of October 19,E 0 • — - -- — --- -- ---' -4a Zyo ATTEST: Clerk (SEAL) —4— AHLERS, COONEY. DORWEILER. HAYNIESSMITH, LAWYER/, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ! I in. 1 I PASSED AND APPROVED, this 21st day of October 19,E 0 • — - -- — --- -- ---' -4a Zyo ATTEST: Clerk (SEAL) —4— AHLERS, COONEY. DORWEILER. HAYNIESSMITH, LAWYER/, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ! I in. 1 I J ;i a' j , RESOLUTION NO. 80-469 i RESOLUTION AUTHORIZING AN AMENDMENT TO THE PRELIMINARY LOAN CONTRACT, PUBLIC HOUSING PROJECT IA 22-3. r WHEREAS, the City of Iowa City, Iowa, hereinafter called the Local Authority, entered into a preliminary loan contract on August 28, 1978, u with the U.S. Department of Housing and Urban Development for a loan in E the amount of $9,600.00; and WHEREAS, the Local Authority deems it in the public interest to seek an k amendment to that contract increasing the amount of the loan to $69,200.00. w NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: . I 1. The staff of the Local Authority is hereby directed to submit all necessary information and application documents to the U.S. Department of Housing and Urban Development to amend said contract to increase the.amount of the loan to $69,200.00. 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 a Lynch Neuhauser x Perret x Roberts _ X Vevera Passed and approved this 21st day of october, 1980. •I -:::::S � MA 0 -TR ° ..... , I i ATTEST: CITY CLERK ' J r � h Received & Approved By The Legal Department �I 1953 MICROFILMED 8Y JORM MICR+LAB \ CEDAR RAPIDS - DES MOINES .� HUD -9011 (11-68) CERTIFICATE OF RECORDING OFFICER I, Abbie Stolfus, the duly appointed, qualified and acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the at- tached extract from the minutes of the October 21, 1980, regular meet- ing of the City Council of the City of Iowa City, held on October 21, 1980, is a true and correct copy of the original minutes of such meet- ing on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Reso- lution appearing in such extract is a true and correct copy of a Resolu- tion adopted at such meeting and on file and of record. (Seal) IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Iowa City, Iowa, this 22nd day of October, 1980. LJORM MIG NlrL aao .. CEDAR RAPIDS DES MOINES 1953 a f V, HUD -9012 (11-68) EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA HELD ON THE 21st DAY OF October, 1980. The City Council of the City of Iowa City, Iowa, met in regular meeting at the Civic Center, 410 East Washington Street, in the Council Chambers in the City of Iowa City, Iowa, at the place, hour and date duly established for the holding of such meeting. The Mayor called the meeting to order and on roll call the following an- swered present: Lynch, Neuhauser, Perret, Roberts, Vevera and the following were absent: Erdahl (7:35 P.M.) The Mayor declared a quorum present. 233976-P JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 1153 W N 1.. t t i, MUD -9014 j I i Li The following resolution was introduced by Mayor Balmer read in full and considered: Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by, Roberts and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Erdahl Balmer Lynch Vevera Neuhauser Perret Roberts The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly made and seconded, the meeting was adjourned. JORM MICRtLAB CEDAR RAPIDS • DES MOINES 1953 A , ,t.. ,_. .. I y. I g33 l_. MUD -9014 j I i Li The following resolution was introduced by Mayor Balmer read in full and considered: Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by, Roberts and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Erdahl Balmer Lynch Vevera Neuhauser Perret Roberts The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly made and seconded, the meeting was adjourned. JORM MICRtLAB CEDAR RAPIDS • DES MOINES 1953 A 1 GENERAL CERTIFICATE I, Abbie Stolfus, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, I am custodian of its records and am familiar with its organization, membership, and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa including, particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body o'f the Local Agency and of its principal officers are as follows: NAME & OFFICE (s) John Balmer Mayor Councilman Glenn E. Roberts Mayor Pro tem Councilman Clemens Erdahl Councilman Lawrence Lynch Councilman Mary C. Neuhauser Councilwoman David Perret Councilman Robert A. Vevera Councilman Neal Berlin City Manager John Hayek City Attorney Abbie Stolfus City Clerk DATE OF DATE OF COM - ELECTION OR MENCEMENT OF APPOINTMENT TERM OF OFFICE 1/2/80 11/6/79 1/2/80 11/8/77 11/8/77 11/6/79 11/6/79 11/6/79 11/8/77 1/14/75 10/2/73 9/1/70 1/2/80 1/2/80 1/2/80 1/2/78 1/2/78 1/2/80 1/2/80 1/2/80 1/2/78 1/14/75 1/2/80 1/2/80 DATE OF EXPIRA- TION OF TERM OF OFFICE 1/2/82 1/2/84 1/2/82 1/2/82 1/2/82 1/2/84 1/2/84 1/2/84 1/2/82 Indefinite 1/2/82 1/2/82 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. Note: A question had arisen as to the status of Councilman Robert Vevera who was elected November, 1975, and sworn in as Councilman in January, 1976. The Council has determined not to seek a Declaratory Judgment. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 195,3 � i i GENERAL CERTIFICATE I, Abbie Stolfus, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, I am custodian of its records and am familiar with its organization, membership, and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa including, particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body o'f the Local Agency and of its principal officers are as follows: NAME & OFFICE (s) John Balmer Mayor Councilman Glenn E. Roberts Mayor Pro tem Councilman Clemens Erdahl Councilman Lawrence Lynch Councilman Mary C. Neuhauser Councilwoman David Perret Councilman Robert A. Vevera Councilman Neal Berlin City Manager John Hayek City Attorney Abbie Stolfus City Clerk DATE OF DATE OF COM - ELECTION OR MENCEMENT OF APPOINTMENT TERM OF OFFICE 1/2/80 11/6/79 1/2/80 11/8/77 11/8/77 11/6/79 11/6/79 11/6/79 11/8/77 1/14/75 10/2/73 9/1/70 1/2/80 1/2/80 1/2/80 1/2/78 1/2/78 1/2/80 1/2/80 1/2/80 1/2/78 1/14/75 1/2/80 1/2/80 DATE OF EXPIRA- TION OF TERM OF OFFICE 1/2/82 1/2/84 1/2/82 1/2/82 1/2/82 1/2/84 1/2/84 1/2/84 1/2/82 Indefinite 1/2/82 1/2/82 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. Note: A question had arisen as to the status of Councilman Robert Vevera who was elected November, 1975, and sworn in as Councilman in January, 1976. The Council has determined not to seek a Declaratory Judgment. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 195,3 � Page 2 Ge al Certificate 8. Since October 7, 1980, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 22nd day October , 19 80 ABBIE STOLFUS CITY CLERK I 1953 DORM MIC R+LAB T CEDAR RAPIDS • DES MOINES 9 E RESOLUTION NO. 80-470 I RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF } REAL PROPERTY FOR THE NORTH BRANCH RALSTON CREEK STORMWATER I DETENTION PROJECT. WHEREAS, the City of Iowa City, Iowa, in furtherance of the public welfare, is undertaking a program to alleviate flooding on Ralston Creek; and, WHEREAS, the City of Iowa City, as a part of this flood control program, plans to construct a stormwater detention structure on the North Branch of Ralston Creek; and, WHEREAS, this project requires that the City of Iowa City acquire certain interests in real property; and, WHEREAS, the City of Iowa City has received appraisals and review appraisals concerning the fair market value of these real property interests; and, WHEREAS, the City of Iowa City has reviewed these appraisals and review appraisals, and being familiar with the real property identified therein, 9 desires to establish the Just Compensation for acquisition of these real property interests. l NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amounts listed opposite each real property interest described below are hereby declared to be the Just Compensation for the purpose of acquisition of said real property interests. The Staff of the City of Iowa City is hereby authorized to commence negotiations for the purchase of said real property interests and the Mayor and City Clerk are authorized to contract for the purchase of said real property interests. In the event negotiations for purchase are unsuccessful, the Staff is hereby authorized to institute condemnation proceedings for the acquisition of said real property interests. :c Real Property Interest Property Owner to be Acquired Just Compensation Iowa City Roman Fee title to 43.7 acres $148,000 Catholic Vicariate from a tract of land located of Education at the Regina High School address on Rochester Ave., and an access easement over a part of said tract. 1 Don J. Gatens & Flowage easement over 8.3 acres $ 16,500 Eugene Meade from a tract of land located immediately north of Hickory Hill Park. I _ r ! i 19 54 MICROFILMED BY JORM MICR+LAB S Y - CEDAR RAPIDS • DES MOINES 1 Resolution No. 0-470 Page 2 Plum Grove Acres, Flowage easement over 5.7 acres $ 6,000 Inc. from a tract of land located on the north side of Rochester Ave. at First Ave. Garry & Susan Flowage easement over an access $ 4,000 Hamdorf road to 2545 Bluffwood Lane, Iowa City Robert Boyd Flowage easement over a portion $ 300 of land located at 2604 Bluffwood Lane, Iowa City Nadine T. Larson Flowage easement over approxi- $ 1,500 mately 1.0 acres from a tract of land located north of Hickory Hill Park It was moved by Perret and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: A AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch i X Neuhauser X Perret XRoberts X — Vevera Passed and approved this 21st day of Octobeq 1980. r YOR � I ATTEST: OIL CITY CLERK - c i 50E1VED &APPAO'lED 1T EPAIIT Y T LEG9I+ D/�d 195 --- -- . MICROFILMED BY - JORM MICR+LAB CEDAR RAPIDS • DES MOINES , E ^, City of Iowa "y MEMORANDUM Date: October 17, 1980 To: City Manager and City Council From: Larry Chiat, Development Coordinator's Re: Resolution Establishing Just Compensation for Acquisition of Real Property for the North Branch Ralston Creek Stormwater Detention Project The Development Division has initiated land acqusition procedures for the North Branch Ralston Creek Stormwater Detention project. To date, this has included obtaining appraisals, review appraisals, and certificates of title on the six project parcels and sending preliminary acquisition notices to the property owners. A resolution setting just compensation for the properties affected by this project is scheduled for your consideration on October 21, 1980. Since this project is receiving CDBG funding, the City is subject to HUD's acquisition regulations. In order to further proceed with land acquisition activities, the City must establish just compensation for each affected property. The amounts stated in the attached resolution are those determined by the City's appraiser and review appraiser. Staff recommends that these amounts be adopted by the Council as just compensation for the real property interests specified in the accompanying resolution. After just compensation is established, the staff will then commence negotiations for the purchase of the specified real property interests. With respect to the possible impact of the McLaughlin lawsuit on the North Branch Project, the legal staff has advised that it is reasonable to proceed with land acquisition at this time. Thisis because the McLaughlin, case is a challenge to the integrity of the City's environmental review procedures for the Ralston Creek projects, but should not prevent the ultimate completion of these projects. bj/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Igs�F 1 41 tai az a �i is f; �i n e; :j in t. i7 ^, City of Iowa "y MEMORANDUM Date: October 17, 1980 To: City Manager and City Council From: Larry Chiat, Development Coordinator's Re: Resolution Establishing Just Compensation for Acquisition of Real Property for the North Branch Ralston Creek Stormwater Detention Project The Development Division has initiated land acqusition procedures for the North Branch Ralston Creek Stormwater Detention project. To date, this has included obtaining appraisals, review appraisals, and certificates of title on the six project parcels and sending preliminary acquisition notices to the property owners. A resolution setting just compensation for the properties affected by this project is scheduled for your consideration on October 21, 1980. Since this project is receiving CDBG funding, the City is subject to HUD's acquisition regulations. In order to further proceed with land acquisition activities, the City must establish just compensation for each affected property. The amounts stated in the attached resolution are those determined by the City's appraiser and review appraiser. Staff recommends that these amounts be adopted by the Council as just compensation for the real property interests specified in the accompanying resolution. After just compensation is established, the staff will then commence negotiations for the purchase of the specified real property interests. With respect to the possible impact of the McLaughlin lawsuit on the North Branch Project, the legal staff has advised that it is reasonable to proceed with land acquisition at this time. Thisis because the McLaughlin, case is a challenge to the integrity of the City's environmental review procedures for the Ralston Creek projects, but should not prevent the ultimate completion of these projects. bj/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Igs�F 1 ,F A RESOLUTION NO. 80-471 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL 2 OWNED BY PHIL CARY.) WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcel to be acquired for Phase I of said project; and WHEREAS, the City Council did approve Resolution No. 80-67 establishing just compensation for real property acquisition for Parcel No. 2 owned by Phil Cary in the Lower Ralston Creek Neighborhood Revitalization Project; and WHEREAS, in order to acquire said real property, the City desires to enter into contract for the purchase of the real property referred to below with the owners of said real property, NOW, THEREFORE, BE.IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the City Manager is hereby authorized to sign and the City Clerk to attest the contract for the purchase of the real property referred to below for the amount designated below: Parcel No. Purchase Price 2 $19,000 It was moved by Neuhauser and seconded by Lynch 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 21st day of October 1980. AYOR ATTEST: (� % 1 - Received t Apprewd iy The to .! ir`perlel MI 1455 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES R i ...wj.- A RESOLUTION NO. 80-471 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL 2 OWNED BY PHIL CARY.) WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcel to be acquired for Phase I of said project; and WHEREAS, the City Council did approve Resolution No. 80-67 establishing just compensation for real property acquisition for Parcel No. 2 owned by Phil Cary in the Lower Ralston Creek Neighborhood Revitalization Project; and WHEREAS, in order to acquire said real property, the City desires to enter into contract for the purchase of the real property referred to below with the owners of said real property, NOW, THEREFORE, BE.IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the City Manager is hereby authorized to sign and the City Clerk to attest the contract for the purchase of the real property referred to below for the amount designated below: Parcel No. Purchase Price 2 $19,000 It was moved by Neuhauser and seconded by Lynch 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 21st day of October 1980. AYOR ATTEST: (� % 1 - Received t Apprewd iy The to .! ir`perlel MI 1455 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES R ...wj.- I City of Iowa Ch, MEMORANDUM Date: October 17, 1980 To: City Council From: Bruce Knight, Planner/Program Analyst Re: Acquisition of Property (Parcel N2) in the Lower Ralston Creek Neighborhood Parcel #2 of the Lower Ralston Creek Neighborhood Revitalization Project, owned by Philip Cary and used for storage of fencing materials, was appraised in December, 1979 at $2 per square foot. "Just compensation" was set by Council at $17,200 for this property. Negotiations with Mr. Cary were delayed partly because he was having problems finding a relocation site. Mr. Cary has now made a counter offer of $19,000. Staff recommends acceptance of this offer in view of the fact that recent Phase II appraisals of similar land have shown slight increases in value, probably due to inflation, indicating a similar increase is reasonable for this property. Mr: Cary also wishes to purchase City property at 805 South Gilbert Street (mainly old Linn Street right-of-way south of Lafayette Street) to relocate his business. This property has been appraised at $32,000 (by two independent appraisals), and Mr. Cary would like to purchase the property at this price. The attached resolution would authorize purchase by the City of Mr. Cary's property at 222 East Benton Street only. bj5/1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a { k C City of Iowa Ch, MEMORANDUM Date: October 17, 1980 To: City Council From: Bruce Knight, Planner/Program Analyst Re: Acquisition of Property (Parcel N2) in the Lower Ralston Creek Neighborhood Parcel #2 of the Lower Ralston Creek Neighborhood Revitalization Project, owned by Philip Cary and used for storage of fencing materials, was appraised in December, 1979 at $2 per square foot. "Just compensation" was set by Council at $17,200 for this property. Negotiations with Mr. Cary were delayed partly because he was having problems finding a relocation site. Mr. Cary has now made a counter offer of $19,000. Staff recommends acceptance of this offer in view of the fact that recent Phase II appraisals of similar land have shown slight increases in value, probably due to inflation, indicating a similar increase is reasonable for this property. Mr: Cary also wishes to purchase City property at 805 South Gilbert Street (mainly old Linn Street right-of-way south of Lafayette Street) to relocate his business. This property has been appraised at $32,000 (by two independent appraisals), and Mr. Cary would like to purchase the property at this price. The attached resolution would authorize purchase by the City of Mr. Cary's property at 222 East Benton Street only. bj5/1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a r- U BURLINGTON 0 O I IL ST. LEGEND k v ACQUISITION MAP ®PROPERTY 10 _51 ACQUIRED . PROJECT EOUNDARY I I STREET CLO"D,lO TRAFFIC ! %/// VACATED 110EITS �I 00 PACE NR •• PARCEL NUMBER CITY OF IOWA CITY SCAEE I •CQUwn MICRDPILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I RESOLUTION NO. 80-472 RESOLUTION AUTHORIZING THE DISPOSITION OF PUBLIC PROPERTY AT 916 SOUTH DUBUQUE, 926 SOUTH DUBUQUE, AND 930 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City has acquired property at 916, 926 and 930 South Dubuque Street in the Lower Ralston Creek Neighborhood, and WHEREAS, the City plans to clear the property in order to carry out creek improvements, and WHEREAS, certain of the structures on the property can be removed to new locations or used for salvage, and WHEREAS, it has been determined that it is not feasible for the City to remove and rehabilitate said structures for public housing, and WHEREAS, a public hearing was held on October 7, 1980 on the proposal to dispose of said structures, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the following structures be disposed of through sealed bid proposals as follows: 916 South Dubuque Street: house for salvage only. 926 South Dubuque Street: house and garage to be removed to a new location. 930 South Dubuque Street: house and garage to be removed to a new location. 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 21st day of October, 1980. hAYOR "y CaRK Ca MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Received & Approved By The legal Department 1956 Date: To: From: Re: City of Iowa Ct01 MEMORANDUMi October 17, 1980 City Manager and City Council Jim Hencin, CDBG Program Coordinator Disposition of Houses on South Dubuque Street The City Council is being asked to consider two resolutions dealing with the disposition of three houses located at 916, 926 and 930 S. Dubuque Street. All were purchased by the City under Lower Ralston Creek CDBG project and must be removed in order to accomplish the planned creek improvements. At the October 7, 1980, public hearing on this subject, staff was requested to further investigate the possible rehabilitation and use of these houses in the City's public housing program. Following is a summary of our conclusions: Suitability for Rehabilitation This past Spring, and again in September and October, the three houses in question were inspected by the Department of Housing & Inspection Services (HIS). 916 S. Dubuque was found unsuitable for rehabilitation and structurally unsound for even short distance moving. 926 and 930 S. Dubuque were determined suitable for rehabilitation although each has numerous Housing Code voilations. We estimate rehabilitation costs to be: $24,090 for 926; $27,995 for 930. Actual costs may .be higher depending upon new site preparations that are required and other unforeseen physical deficiencies. Movability As part of their inspection, HIS attempted to determine the feasibility of moving the three houses to other locations. Again, because of its unsound structure, 916 S. Dubuque was ruled out. 926 and 930 are sufficiently sound structurally to be moved. It is estimated that to move the two houses, it would cost about $3,500 each for a short distance (1/4 to 1/2 mile), "straight shot" move. If it became necessary to temporarily store them until a site was available, it would cost another $1,000 to $1,500 per house. It should be noted that creek improvements are scheduled to begin next spring, therefore necessitating the removal of all three houses from their present location. Reuse for Public Housing Once they are rehabilitated to Code standards, the City would be able to provide a one bedroom unit (926) and a two bedroom (930) for rental to low income families. They would managed by the Assisted Housing Division under its established guidelines for public housing. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 1956 i MICROFILMED BY DORM MICR+LAS �. CEDAR RAPIDS • DES MOINES 9 2 1 Since the units would be owned by the City, no rent subsidy, e.g. Section 8, would be available. Periodic maintenance would be funded in part from the a rent collected on each unit. Further, the City could not recoup its investment on these units through the other public housing funding sources presently available. Available Housing Sites As with the problems we are faced with in constructing the 68 units of new public housing, there are limited sites available for placement of the 926 and 930 S. Dubuque Street houses. At present, the only available City owned lot is on Rundell Street. However, it is still under legal action, and its release date is unknown. The alternatives are: a) to purchase a lot or lots now, or b) move and temporarily store the houses until such time as the Rundell Street lot and another becomes available. ' Available Funds The monies need to undertake the moving and rehabilitation of 926 and 930 S. Dubuque could come from either of two possible sources. The Finance Director confirms that $96,000 are available from a prior allocation for moving the old Iowa Plate Glass building. There are also funds in the Hold -Harmless CDBG contingency. (Council will be considering the reallocation of these funds in the next two weeks.) Summary/Recommendation Minimum estimated costs for moving and rehabilitating the two houses at 926 and 930 S. Dubuque are $59,085. A more reasonable budget to allow for the uncertain costs of moving, rehabilitation and site preparation is $70,000- 75 000. Land ' purchase costs would be required if City owned lots were not available, as is the situation presently. s� Given the potentially high level of investment that the City is likely to experience in converting the two houses to public housing, it is recommended that Council proceed as follows: ri! 1. Sell the three houses as proposed to private buyers. 2. Utilize the sale proceeds and other funds, as indicated above, to purchase new public housing sites. A 3. Build new housing units on the sites using the public housing funds currently committed to Iowa City. i MICROFILMED BY DORM MICR+LAS �. CEDAR RAPIDS • DES MOINES 9 I ADVERTISEMENT FOR BIDS FOR THE DISPOSAL OF CITY OWNED HOUSES Sealed bids will be received by the City Clerk of i the City of Iowa City, Iowa until 10:00 A.Mon the 21St day of _ October 19 �and opened i immediately thereafter by the Director of Planning I and Program Development. i The bids will involve the following: the sale and removal of houses from 926 and 930 S. Dubuque, the sale of house located at 916 S. Dubuque for salvage materials. All bids are to be made in strict compliance with the specifications prepared by the City of Iowa City, which have been approved by the City Council, I and are on file for public examination in the office of the City Clerk. I` Each Bid shall' be made on a form furnished by the City of Iowa City. The specifications and contract may be examined at the office of the City Clerk. Copies of said contract and specifications may be secured at the office of the City Clerk, City of Iowa City, by bona fide bidders. The City of Iowa City reserves the right to reject j any and all bids. i Published upon order of the City Council of Iowa - City, Iowa. 1 i i ABBIE STOLFUS, CITY LERK IOWA CITY, IOWA I T S.6CJI17u ,i; �.4ri'Iiii7h,1) i • J.0 17T; i 7.nra.ii �'F;i' I MICROFILMED BY DORM MICR+LA13 ?{ g CEDAR RAPIDS • DES MOINES I. � s MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i City of Iowa Ci MEMORANDUM Date: October 21, 1980 To: City Manager and City Council 1 From: Marianne Milkman, Planner/Program Analyst rt-( Re: Sale of Dubuque Street Houses After advertising the proposed sale of the Dubuque Street Houses, 13 persons requested bid packets. However, only one person,Max Yocum, submitted bids on the three houses. Although all the bids are below the minimum acceptable bid level, staff recommends acceptance of Mr. Yocum's bid. The agreement to sell specifies not only removal of the houses but also total clearance of the properties and filling of the basements. The City will therefore save considerable demolition clearance and fill Costs if the houses are sold. tp2/2 1 i ,1 a MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i CRY of Iowa Cr MEMORANDUM Date: October 21, 1980 To: City Manager and City Council From: Marianne Milkman, Planner/Program Analyst Chi Re: Sale of Dubuque Street Houses After advertising the proposed sale of the Dubuque Street Houses, 13 persons requested bid packets. However, only one person,,Max Yocum, submitted bids on the three houses. gh all the bids are staffurecommends acceptance eofwMr. Yocum'smbidCepThe lagreementetid o sell specifies not only removal of the houses but also total clearance of the properties and filling of the basements. The City will therefore save considerable demolition clearance and fill Costs if the houses are sold. tp2/2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 197 1 1 N i I I ' n � �JCGoIo:•„ RESOLUTION NO. 80-474 RESOLUTION ADOPTING AN INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY IOWA. WHEREAS, Iowa municipalities are powered to issue industrial revenue bonds pursuant to Chapter 419 of the Code of Iowa; and WHEREAS, the City of Iowa City deems it desirous and in the public interest to adopt a uniform policy governing the issuance of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa, attached hereto and incorporated by reference herein, is hereby adopted as the policy governing the issuance of such bonds. It was moved by Neuhauser and seconded by Lynch 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 21st day of October, 1980. ATTEST: J�& t 2& A MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i4umvm ; Arnlolm' $� �rIAiJ D`� 1hT�1F W I MICROFILMED BY ri - JORM MICR+LAB '[ CEDAR RAPIDS • DES MOINES r INDUSTRIAL REVENUE BOND POLICY AND PROCEDURES FOR THE CITY OF IOWA CITY, IOWA I i I. POLICY i A. INTRODUCTION Chapter 419 of the Iowa Code grants authority to incorporated cities to issue Industrial Revenue Bonds (IRBs) for certain private enterprise projects (Section 419.1(2)). The Iowa Urban Revitaliza- tion Act of 1979 has amended Chapter 419 to allow for the issuance of IRBs for commercial and residential projects located within locally designated urban renewal or urban revitalization areas. All IRBs issued pursuant to Chapter 419 are limited obligations of the municipality, with the principal of and interest on such bonds payable solely out of the revenues derived from the project (Section 419.3). B. INTENT Q The intent of this policy is to provide an organized and consistent approach to, and mechanism for, the evaluation and processing of Industrial Revenue Bond requests. This policy statement will ggg 1 provide to potentially interested persons an outline of how an IRB request would be considered by the City Council. It should be tI emphasized that the intent of this policy is to assure that each IRB issue is in the best interests of the City, and will assist in the implementation of private projects which will improve and enhance Iowa City. The City is in no way obligated to issue an IRB upon an applicant's request, but will evaluate each application based on the criteria set forth herein. C. LEGAL COMPLIANCE ;i All procedures leading to the issuance of an IRB, as well as the applicant's utilization of the proceeds from any IRB issue, shall be in compliance with applicable federal, state, and local laws, and the policies and requirements as are contained herein. The responsibility for compliance shall in all cases rest with the applicant. The only covenant or warranty which the municipality shall be required to make in connection with the proposed IRB issuance, either to the applicant or to any other interested party, is that said municipality is a corporation or political subdivision I of the State of Iowa, organized and existing under the laws of said i State. i ) D. APPLICANT'S RESPONSIBILITIES Except as hereinafter provided, and except as required by law, it shall be the applicant's responsibility to provide all necessary documents, forms, and related materials, and to advise the City and other parties of all required actions. 1458' I MICROFILMED BY ri - JORM MICR+LAB '[ CEDAR RAPIDS • DES MOINES 2 '1 E. POLICIES APPLICABLE TO COMMERCIAL PROJECTS AND OTHER 1. Consistent with state law, the City will consider issuance of j IRBs for a project permitted by the Urban Revitalization Act only if said project is located within the City's Urban Renewal Project Area (see Exhibit A) or within such urban revitalization areas as the City may hereinafter designate, pursuant to Chapter 419. Projects in this area requesting IRBs should fulfill the goals and objectives as contained in the 1 Urban Renewal Plan (1979) (See Exhibit B). 1 MICROFILMED BY ' e JORM MICR+LAE3 _ CEDAR RAPIDS • DES MOINES.. 1 1 2. All projects permitted by the Urban Revitalization Act and ° located within the City's Urban Renewal Project Area or within such urban revitalization areas as the City may hereafter designate, will be subject to design review by the Design Review Committee, pursuant to Resolution No. 74-48, and shall be subject to design review and approval by the City Council. With respect to projects located on or adjacent to City Plaza, the design •review procedures described in Ordinance No. 78-2894 (Section 8(c)) shall apply. 3. IRBs issued by the City shall be used to leverage new commitments to downtown redevelopment. 4. FINANCING CRITERIA The City urges that applicants, prior to application, make a substantial good faith effort to obtain conventional financing upon such reasonable terms and conditions as prevail in the marketplace at the time. However, applicants may choose to apply for IRBs without first seeking conventional financing, but the burden shall be on the applicant to establish that its proposed project serves the public purposes described below. The Staff Evaluation Committee (described below) shall review such requests to waive the conventional financing requirement and offer a F recommendation thereon to the City Council. The City Council shall have sole discretion to approve or reject such requests for waiver of the conventional financing requirement. - 5. PUBLIC PURPOSES TO BE SERVED THROUGH ISSUANCE OF IRB'S The City will consider and evaluate applications for IRBs on the basis of the following criteria: a. The extent to which the proposed project will create new, or preserve existing, employment opportunities within the community. b. The extent to which the proposed project with IRBs will increase the City's tax base compared to the extent to which the proposed project without IRBs will increase the i City's tax base. 1 MICROFILMED BY ' e JORM MICR+LAE3 _ CEDAR RAPIDS • DES MOINES.. 1 F 3 n C. The extent to which the proposed project will enhance and strengthen the downtown as the multi-purpose center for Iowa City and the surrounding area. I d. The extent to which the proposed project will upgrade deteriorated or deteriorating structures, improve site accessibility and usefulness, and otherwise provide for the public health, safety and welfare as detailed in the Urban Revitalization Act (1979). e. The extent to which the proposed project will allow for preservation and restoration of buildings of historical or architectural significance. 6. Furthermore, the total aggregate amount of IRBs outstanding at any one time shall not exceed, for commercial and residential projects in the urban renewal/urban revitalization areas, 5% of the total assessed valuation of Iowa City. POLICIES APPLICABLE TO INDUSTRIAL PROJECTS To be added at a later date. i L. r<I a I MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES , n a, 4 , F 3 n C. The extent to which the proposed project will enhance and strengthen the downtown as the multi-purpose center for Iowa City and the surrounding area. I d. The extent to which the proposed project will upgrade deteriorated or deteriorating structures, improve site accessibility and usefulness, and otherwise provide for the public health, safety and welfare as detailed in the Urban Revitalization Act (1979). e. The extent to which the proposed project will allow for preservation and restoration of buildings of historical or architectural significance. 6. Furthermore, the total aggregate amount of IRBs outstanding at any one time shall not exceed, for commercial and residential projects in the urban renewal/urban revitalization areas, 5% of the total assessed valuation of Iowa City. POLICIES APPLICABLE TO INDUSTRIAL PROJECTS To be added at a later date. i L. r<I a I MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES .�5 n . 4 n I II. PROCEDURES Requirements I. It is in the public interest that the issuance of INS be made only after the City has been fully informed concerning the applicant and its current status and future plans; the protection of the City's interests requires thorough investigation of any request for INS. 2. The applicant will be required to submit certain information and assume the cost of the City's review and issuance of the IRBs. 3. Matters of confidentiality for public disclosure, relating to the applicant or his business, shall be honored to the extent that such information withheld is not required as a matter of law, as determined by the City's legal counsel. 4. If the applicant retains its own legal counsel to prepare Council proceedings and legal documents, all such proceedings and documents must be reviewed and approved by the City's bond counsel. 5. The applicant must not incur any project costs other than those authorized by the Internal Revenue Code prior to the preliminary approval (Memorandum of Agreement) being authorized by the City Council. 6. The City Council reserves the right to deny any application for financing at any state of the proceedings prior to adopting the final resolution authorizing the issuance of the bonds. 7. All applications and supporting materials and documents shall remain the property of the City. B. The applicant shall adhere to the following procedures in submitting a request and application to the City for the issuance of IRB Bonds. Application and Review Procedures 1. Any person or firm desiring to request that the City of Iowa City issue INS shall first secure from the City Manager or the Director of Finance a copy of the City's Industrial Revenue Bond Policy and Procedures. 2. A written requestaccompanied by the application form, the required supplemental information and a non-refundable deposit shall be submitted to the office of the City Manager. The amount of the deposit will be defined by the Director of Finance based upon an estimate of the City's costs associated with an Industrial Revenue Bond issue. The applicant shall agree to reimburse the City for all expenses which exceed the deposit amount and which result from the review and evaluation of the request including but not limited to administration, legal counsel, consulting costs, printing, publication costs and all other incidental costs or fees. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOVIES I O ■ 5 3. Following the receipt of the written request, the application form, the supplemental information and the deposit, the City Manager will notify the City Council of the request and will appoint a Staff Evaluation Committee to review the project. In those instances when circumstances dictate review which requires expertise beyond that of the Committee, the proposal will be submitted to an independent consultant hired by the City. Before this expense is incurred, the applicant shall be notified and given an opportunity to withdraw its application. 4. The Staff Evaluation Committee shall prepare a recommendation on the advisability of the issuance of IRBs to be presented to the City Council at its next regularly scheduled meeting following completion of the Committee's review. This review should be completed within 30 days from the receipt of the request unless the applicant is otherwise notified. The Council will not take formal action on the request until the review has been completed. 5. The City Council will then take preliminary action to approve or deny the applicant's request to issue bonds. If such preliminary approval is granted, the Memorandum of Agreement will be executed. If the applicant retains its own legal counsel to prepare Council proceedings and legal documents, all such proceedings and documents must have been reviewed and approved by the City's bond counsel and then received by the Director of Finance seven days prior to the Council meeting in order to be 'included on the agenda of that meeting. Any proceedings or documents received late will not be added to the Council Agenda. 6. The applicant should then request that the City Council schedule a Public Hearing on the proposal to issue the bonds. The Public Hearing provides the opportunity for any member of the public to speak for or against the bond issue. 7. After the public hearing the City Council will then vote on a resolution to determine whether or not to proceed with the issuance and sale of the bonds. If such approval is received, the applicant may then proceed with the preparation of final documents. 8. The City will review all final documents and if the terms are mutually agreeable, the City Council will authorize final approval of the terms, execution and delivery of the bonds. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I PROJECT AREA MAP m W I University n \ WASHINGTON ST i 8�r c Old C Caitol p New Center Z H e e C m Ibrary COLLEGE ST Barber Univesity pq C Ileg8e 64 -_a3 3: Bo Hotel Parking O Parking t/U BURLINGTON ST O Z tual T N avl s A 9,a O j'i Pentacrest zGarden ' o Apts k LEGEND ummm� PROJECT BOUNDARY PARCEL BOUNDARY 00 BLOCK NUMBER -d. =1 N E 3 a v 0 a n a MICROFILMED BY JORM MICR+LAB ' CEDAR RAPIDS - DES MOINES EXHIDIT B 'Urban Renewal Plan (1919) Obi ives To eliminate substandard buildings, blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. i b. To strengthen central Iowa City as the retail trade business, financial, administrative, governmental, educational, and cultural center of the area. C. To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged in compact, compatible groupings so as to enhance their efficiency of operation and economic inter -relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilitation. f. To provide safe, efficient, and attractive public and private vehicular access to central Iowa City. g. To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, hicycles, automubilus, trwisit and service vehicles. h. To encourage coordinated development of parcels and structures in order to achieve efficient building design, multi-purpose use of sites, unified off-street parking, trucking and service, and internal pedestrial linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike including long-term parking facilities on the periphery of the central area, and including existing off-street parking outside the project area boundaries. j. To improve the appearance of buildings, rights-of-way and open spaces, and to encourage high standards of design. k. To aid the University of Iowa to expand in an orderly way, so the University and the Business District can each perform its own function with minimman conflict and mutual benefit. 1. To provide for open spaces and lwdestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES 115d L M. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. n. To provide an environment which improves the attrac- tiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural or historic significance. MICROFILMED BY JORM MICRf+►LA9 CEDAR RAPIDS - DES MOINES I i l; j.; s s