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Home My WebLink About1980-06-03 ResolutionRESOLUTION NO. 80-186 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTLA" BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Classp C Liquor Control gLicense application pis ersons atatheofol owingor hdescribednlocationed person or i Pershell Corp. dba Colonial Bowling Lanes, 2253 Hwy. 218 South 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, i Vevera and seconded by Roberts It was moved by that the Resolution as rea Fe adopted, and upon io'! ca there were: AYES: NAYS: ABSENT: 1 Balmer _x -- X Erdahl I x Nouhauser Perrot x Roberts Vevera X i i Passed and approved this 3rd day of Tune , 19 80 . I —�1 Ayor J 1 Attest: City Clerk I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES , RESOLUTION NO. 80-187 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Pershell Corp, dba Colonial Bowling Lanes, 2253 Jwy. 218 South j Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x I Neuhauser x Perret x Roberts x Vevera x 1980 Passed and approved this 3rd day of June , \,MaXor Attest: City Clerk i i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 RESOLUTION NO. 80-188 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLi'CA'= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved7or the following named person or persons at the following described location: Spayer d Co., LTD. dba The Airliner, 22 S. Clinton 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 Vevera and seconded by R be that the Resolution am res a adopted, and uponl cell there were: AYES: NAYS: ABSENT: Balmer x Lynch X_ Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 3rd day of .rune 19 80 ayor Attest: C ty Clerk /oho i MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOIBEB I i RESOLUTION NO. 80-189 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTn= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv— e�for the following named person or persons at the following described location: Boulevard Room, LTD. dba That Bar/That Deli, 325 E. Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the licenr.e 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 Vevera and seconded by Roberts that the Resolution as rum e_adopted, and upon roZT—caIT there were: Balmer Lgnch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x Passed and approved this 3rd day of June 19 80 4_ay�®r_ Attest: C City Clerk MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES m,99 i� RESOLUTION NO. 80-190 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: i i i —s Boulevard Room, LTD. dba That Bar, That Deli, 325 E. Market Street It was moved by Vevera and seconded by Roberts --- that the Resolution as read be adopted, and upon roll call Sere were: AYES: NAYS: ABSENT: Balmer x 1Lynch x . Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 3rd day of June r 19 80 . i or 1 Attest:.�-[--za- City Clerk / MICROFILMED BY JORM MICR+1_A13 CEDAR RAPIDS • DES MOINES 0 RESOLUTION NO. 80-191 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Crow's Nest, Inc. dba The Crow's Nest, 328 E. Washington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 3rd day of June 19 80 _46 i a ,orr Attest: L•ti'C/CL(°' / �� /-/ City Clerk MICROFILMED BY JORM MICR+LAH CEDAR RAPIDS - DES MOINES AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 3rd day of June 19 80 _46 i a ,orr Attest: L•ti'C/CL(°' / �� /-/ City Clerk MICROFILMED BY JORM MICR+LAH CEDAR RAPIDS - DES MOINES ^ESOLUTION NO. 80-192 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUTM 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: Groggeries, LTD., dba The Nickelodeon, 208 N. Linn 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 Vevera and seconded by ��Robi�erts that the Resolution as rea3be adopted, and upon--roll-=ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret Roberts x Vevera x Passed and approved this 3rd day of June , 19 8u Attest: City Clerk l MICROFILMED OY JORM MICR�LAB 11111 RAPIDS • DES MOIIIES ioS�3 RESOLUTION NO. 80-193 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY81 ASPHALT RESURFACING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER To PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 17 day of dna , 19-80, at 7;30 D'rlD k P M in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by _ Roberts that the Resolution as read bs adopted, and upon roll call there were: i AYES: NAYS: ABSENT: x Balmer a Erdahl x Lynch a Neuhauser x Perret x Roberts Veyera Passed and approved this 3rd day of June , 19 80 Mayor IwWJ1 :. ATTEST: .�,' , ,G ec. .. �--Lti",cam; W i4i-,i City Clerk;x MICROFILMED BY JORM MICR+LA19 CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-194 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY80 BUDGET ENDING JUNE 30, 1980. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Center at 7:30 p.m., June 17, 1980, to permit any taxpayer to be heard for or against the pro- posed amendment to the FY1980 Budget ending June 30, 1980. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than i:wenty (20) days before the time set for such hearing. It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Lynch X Erdahl x Neuhauser X Perret X Roberts X Vevera Passed and approved this 3rd day of June 1980. _� `YOR ATTEST: CITY CLERK Received & Approved by The Legal DepartIneM . 90 r 31z rlee) MICROFILMED BY 1 JORM MICR+LAB CEDAR RAPIDS • DES MOINES I FESOUMCN NO. 80-195 RESCILITION ACCEPMG narunR STREET SAMITARY SEWER EXTENSION WETElTM, the Engineering Department has certified that the following inprove ants have been oonpleted in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Arthur Street sanitary sewer extension? Lots 1 and 2 of Towncrest Addition as constructed by knowling Brothers Contracting Company of Iowa City, Iowa. AND WEIEFaM, Maintenance Bonds for Knowling Brothers Contract L% on file in the City Clerk's office, NOW THEFEF E BE IT IIESOLVED by theyCityCouncil of IC)Wa City, Iowa, that said inprovelents be accepted by it was [roved by Vevera arra seconded by Roberts that the Resolution asread be EEgp�, and upon roll 1 e 'were - AYES: NAYS' ABSENT: Balmer X — X Erdahl I vnch x — x Neuhauser - Perrot x Roberts - x Vevera x passed and approved this 3rd day ofJune , 19 80 . _ s MAyor RECEIVED & APPROVED I ATTEST:44�- l�l J �DEPAR2 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES CITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT May 27, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer for Arthur Street sanitary sewer extension, Lots 1 and 2 of Towncrest Addition as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements he accepted by the City of Iowa City. Respectfully submitted, �% Charles J. Schmadeke, P.E. City Engineer tp3/1 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i v CITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT May 27, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer for Arthur Street sanitary sewer extension, Lots 1 and 2 of Towncrest Addition as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements he accepted by the City of Iowa City. Respectfully submitted, �% Charles J. Schmadeke, P.E. City Engineer tp3/1 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES v 1 CITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT May 27, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer for Arthur Street sanitary sewer extension, Lots 1 and 2 of Towncrest Addition as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements he accepted by the City of Iowa City. Respectfully submitted, �% Charles J. Schmadeke, P.E. City Engineer tp3/1 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES MAINTENANCE BOND 1(now all men by tke-ie presents That KNOWLING BROS. CONTRACTING CO., an Iowa corporation of Iowa City, Iowa as Principal, and the UNITED FIRE & CASUALTY COMPANY, AN IOWA CORPORATION of CEDAR RAPIDS, IOWA, and authorized to do business in the state of Iowa as Surety, are held and firmly bound unto the CITY OF IOWA CITY, IOWA In the penal sum of SIX THOUSAND, TWO HUNDRED AND NO/100 --------------------------------- IS 6.200.00 ) 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, and administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 22nd day of May A. D. 19 80 with Merrell Johnson, Iowa City, Towa Whereas, the said Principal entered into a certain contract/ dated the day of September , 19 79, to furnish all the material and labor necessary for the construction of Arthur Street Sanitary Sewer Extension, Lots 1 and 2 of Towncrest Addition, Iowa City, Iowa 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 with a period of two (2) years from the date of acceptance of the work under said contract; and Whereas, the said UNITED FIRE & CASUALTY COMPANY, of CEDAR RAPIDS, IOWA, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said CITY OF IOWA CITY, IOWA 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 two (2) 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' KNOWLING BROS. CONTRACTING CO. Principal -AreiXa /r UNITED FIRE & CASUALTY COMPANY UND-2055—b By I d ICEDAR RAPIDS • DES MOINES Attorney-in-fact an Iowa Resident Agent 1A ZZ 7 ill RESOLUTION NO. 80-196 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF NEWPORT PARK SUBDIVISION WHEREAS, Paul Fuhrmeister and Alice Fuhrmeister have submitted an application for approval of a preliminary and final plat of Newport Park Subdivision located within the unincorporated limits of Johnson County, Iowa, said plat being for the following described real estate: Commencing at the Northwest Corner of the Southwest Quarter of Section 31, Township 80 North, Range 5 West of the 5th Princi- pal Meridian; Thence S89015131"E, 157.28 feet to the centerline of the Countv Road and the Point of Beginning; Thence 589015'31"E, 1240.11 feet; Thence S00033104"E, 1118.01 feet to the centerline of the County Road; - Thence Northwesterly along the centerline of said County Road the following courses; Northwesterly 265.16 feet on a 210.00 foot radius curve, concave Southwesterly whose 247.90 foot chord bears N36043'29"W; Thence N72053'53"W, 499.39 feet; Thence North- westerly 256.60 feet on a 245.00 foot radius curve concave Northeasterly whose 245.03 foot chord bears N42053138"W; Thence N12053'23"W, 67.39 feet; Thence Northwesterly 275.53 feet on a 484.66 foot curve, concave Southwesterly whose 271.84 foot chord bears N29010'35"W; Thence N45027146"W, 436.16 feet to the Point of Beginning. Said tract containing 17.739 acres; and WHEREAS, said plat is within Iowa City's two-mile extra- territorial subdivision jurisdiction; and WHEREAS, the plat of Newport Park Subdivision has been recommended for approval by the Planning & Zoning Commission of the City of Iowa City; and WHEREAS, the City Council of Iowa City has determined that the proposed plat of Newport Park Subdivision should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that: 1. The plat of Newport Park Subdivision is hereby approved and the city clerk is authorized and directed to certify that �aac� may 2 11980 ABBIE STOI.FUS C! CITY CLERK (3) /!t j /06 0 CEDAR RAPIDS • UES MOINES 6 N I - 2 - approval to the Johnson County Board of Supervisors and the Johnson County Recorder. It was moved by Roberts and recorded by Vevera that the Resolution as read be adopted and, upon roll call, there were the following: AYES: NAYS: ABSENT: x Balmer Erdahl x Lynch x Neuhauser x Perret I x Roberts X Vevera I Passed and adopted this 3rd day of June 1980. Attest: 2CITY CLERK I CEDAR RAPIDS • DES MOINES RecqjY°d 8 Approved By The Legal D°wrM nt M6a N F 1 1 i I 1 r 1 - 2 - approval to the Johnson County Board of Supervisors and the Johnson County Recorder. It was moved by Roberts and recorded by Vevera that the Resolution as read be adopted and, upon roll call, there were the following: AYES: NAYS: ABSENT: x Balmer Erdahl x Lynch x Neuhauser x Perret I x Roberts X Vevera I Passed and adopted this 3rd day of June 1980. Attest: 2CITY CLERK I CEDAR RAPIDS • DES MOINES RecqjY°d 8 Approved By The Legal D°wrM nt M6a N r RESOLUTION NO. 80-388 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST A QUIT CLAIM DEED CONVEYING VACATED COLLEGE STREET BLOCK TO THE STATE OF IOWA WHEREAS, it is in the public interest of the City of Iowa Ci Ly to convey the vacated block of College Street between Capitol and Madison Streets to the State of Iowa, in furtherance of site improvements for the University of Iowa's Lindquist Center, in consideration for permanent sewer and water main easements granted to the City; and WHEREAS, said vacated College Street. is mnre particularly described as follows: College Street beginning at the NE corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. ut Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T., to the SW Corner of Block 91, O.T., said point being on the east R.O.W. of Madison Street, thence South along the east R.O.W. line of Madison Street to the 11W Corner of Block 92, O.T., thence east along the north line of Block 92, O.T., to the NE Corner of Block 92, O.T. , said point of beginning. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF 1014A CITY, IOWA, that the Mayor is hereby authorized to execute and the Clerk to attest the quit claim deed conveying the vacated block of College Street between Capitol and Madison Streets to the State of Iowa, Executive Council of Iowa. It was moved by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: — AYES: NAYS: ABSENT: X Balmer X E r•da h I X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 9th clay 0f Sept. . 1980. ATTEST:a1� CITY CLERK ICEDAR RAPIDS - DES MOINES I IOWA STATE BAR ASSOCIATION Othclal Form No. 4 n......,. w.w.... e. w ,."., se•n i THE LEGAL EFFECT OF THE USE THIS FORH. CONSULT YOUR LAWTEe it k'o' QUIT CLAIM DEED i;now 2I1 JBell by zfjeo vre5ent5: That__City-of ln:Ja City, _a hlunicipal-- ---- rnrpara-Li.oa ----- I— - ---------._...----------_._.._....---- in consideration* of tho sum of 0MAclLaL(.S n_zndconsidcratil in hand paid do hereby Quit Claim unto _Slaten 17 1( wa—_-._._ Grantees' Address: all our right, title, interest. 0510to, claim and demand in the following described real estate situated ir. - ---John son _County, Iowa, to -wit: College Street beginning at the PIE corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street,thence North along the }vest R.O.Id. of Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SI -1 Corner of Block 91, O.T., said point being on the East R.O.W. of Pladison Street, thence South along the east R.O.W. line of Nadison Street to the I'M Corner of Block 92, O.T., thence east along the North -line of Block 92, O. T., to the NE Corner of Block 92, O.T., said point of beginning. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described promises. Words and phrases herein. including acino..l.dgmam hereof, shAll be construed as in If. ;Y9u13, or plural number and A, mnse•Ime - I.ndnino or neuter gander. according to the contoet. Signed this --Z day of LYS I9 -;K , j Ali E"x'enipt"from transfer tax C Y OF IOl'IA CITY, A PI llICIPAL CORPORATION pursuant to S 428A 2(6) STATE: OF IOWA. COUN Y Min 1a, / ��/:d�x% Balmer 1a,t' On This {. Q - L day o F 2' I,SC, A. D. 19- C-1 c.a. hater. me, the uadmslgnod, a N I ry Public /in 5nd ff?, the St to of to.,. personally appeared v/E�_ /-/4c+%C[�/ Attest: Abbie Stolfus, Cityl lerk -- �1_Z�-`f/_,ton-St.------•--- CLf� Iowa Cit}�r44i97• Addre,0 Ia me lroun to ba the identical poisons named is and .ha .recul.d Il.o lorego'ng intlrumenl• and actnovdedgud that the, nmcut.d the saris at Ihab vcl,r tory act and dead. i ��✓l9LC.7:dJ_ y�2C�-�-G !. _. tJr-.!vv PeLLc La ,sod for tfr. Sl do of I.., ; Fromtheabovo named Grantors to the above named Grantees, STATE OF IOWA Filed for record this —___ __—_ day of _. —._, A. D. 19_–_ _. COUNTY OF ss at — o'clock __M., and recordod in llooF _____ of I'. ---.. _------ Cn page—_. -------•--. Dopult FEE. S—___.__Pnid _-----.-.—._. Recorder WHEN RECORDED RETURN T0.__.—___—____.—__. _ fNnmet IAddrmsl 4. QUIT claw DEED ' CEDAR RAPIDS DES MOINES 0 0� RECEIVED AUG 2 1 1960 LEGAL DEPARTMENT. PERINtANENT WATER MAIN EASE•.?LENT KNOW ALL MEN BY THESE PRESENTS: E' d 0<. 1F6 to 19 Oi�U w liv'P: J i 15 That the State of Iowa, holdLng title to the real estate located in Johnson County, Iowa, for the use and benefit of The State University of Iowa under the jurisdiction of the Board of Regents, specifically described in Exhibit A atrached hereto and made a part hereof, for a good and valuable consid�ratlon hereby grants unto the City of Iowa City, Iowa the following casement, subject to these terms, covenants and condttions, to -wit: 1. Location: Tile easement: granted herein shall be located upon and limited to tract specifically described in Exhibit A attached hereto. 2. Use: Said premises shall be used by the Grantee for the purposes of excavating for and the installation, ruplacement, maintenance and use of such water lines, pipes, mains, and conduits as Grantee shall from time to time elect for conveying water with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right-of-way, with the right of ingress and egress thereto, including all the area described on Exhibit "A" attached to this easement and by this reference made a part hereof, and for no other purpose. 3. Excavations: All ditches, trenches and other excavations shall be firmly filled and maintained in such manner as to present no hazard or obstacles to Grantor's use of the premises for other purposes. 1,. _Utilities Cruss!Lij: All crossings of existing sewers, water lines, heating tunnels or other existing facilities shall be according to specifications and details of the engineer or other official of the University in charge of such Installations, and the University shall have the right to construct any such facilities across or through the casement tract in such manner as not to interfere with Grantee's facilities installed hereunder. 5. Liability: Grantee covenants to be responsible for any loss or dimagu which shall be caused by the exercise of said ingress and egress, construction, maintenance and use of the premises by the Grantee or Its employees and agents under the rights herein granted, or by any wrong- ful or negligent act, or omission of the Grantee or of its agents or employees lel the course of their employment with respect to the sub- ject matter of this agreement. b. Rights Reserved: 'Che Grantor reserves to itself and to the State UniversLty of Iowa the right to the full use of said premises for any purpose it sees fit which does not interfere with Grantee's rights herein granted. In the event a relocation of the said facilities and casements becomes necessary because of the development of the area by the State University of Iowa, the Grantor agrees to be responsible for all costs of rvloeating sold facilities to a mutually agreeable location. 7. Consideration Agreement: It is agreed and understood that the consi- deration for the grant is the fact that the City of Iowa City has vacated that portion of College Street between Capitol and Madison Streets as described in Exhibit A attached hereto, and deeded uamc to the Grantor. S. UuratIon : 'Tills easement is granted and all rights hereunder shall endure for such period of time as they are required and used for the facilities herein described. Whenever said purpose and use shall cease, all rights granted herein shall terminate and revert to the Grantor. 9. Assignment Prohibited: This grant {a to the CLty of Iowa City only and cannot be assigned in whole or in part to any other party without written consent of the Grantor. Violation of this provision shall entitle the Crantor to terminate this easelpCnt. Each and all of the above terms, covenants and conditions are of the essence hereof and the Grantee, by accepting this Instrument, covenants and agrees 4 '1 I'lJ nTLA= CEDAR RAPIDS • DES MOINES i 0 0� RECEIVED AUG 2 1 1960 LEGAL DEPARTMENT. PERINtANENT WATER MAIN EASE•.?LENT KNOW ALL MEN BY THESE PRESENTS: E' d 0<. 1F6 to 19 Oi�U w liv'P: J i 15 That the State of Iowa, holdLng title to the real estate located in Johnson County, Iowa, for the use and benefit of The State University of Iowa under the jurisdiction of the Board of Regents, specifically described in Exhibit A atrached hereto and made a part hereof, for a good and valuable consid�ratlon hereby grants unto the City of Iowa City, Iowa the following casement, subject to these terms, covenants and condttions, to -wit: 1. Location: Tile easement: granted herein shall be located upon and limited to tract specifically described in Exhibit A attached hereto. 2. Use: Said premises shall be used by the Grantee for the purposes of excavating for and the installation, ruplacement, maintenance and use of such water lines, pipes, mains, and conduits as Grantee shall from time to time elect for conveying water with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right-of-way, with the right of ingress and egress thereto, including all the area described on Exhibit "A" attached to this easement and by this reference made a part hereof, and for no other purpose. 3. Excavations: All ditches, trenches and other excavations shall be firmly filled and maintained in such manner as to present no hazard or obstacles to Grantor's use of the premises for other purposes. 1,. _Utilities Cruss!Lij: All crossings of existing sewers, water lines, heating tunnels or other existing facilities shall be according to specifications and details of the engineer or other official of the University in charge of such Installations, and the University shall have the right to construct any such facilities across or through the casement tract in such manner as not to interfere with Grantee's facilities installed hereunder. 5. Liability: Grantee covenants to be responsible for any loss or dimagu which shall be caused by the exercise of said ingress and egress, construction, maintenance and use of the premises by the Grantee or Its employees and agents under the rights herein granted, or by any wrong- ful or negligent act, or omission of the Grantee or of its agents or employees lel the course of their employment with respect to the sub- ject matter of this agreement. b. Rights Reserved: 'Che Grantor reserves to itself and to the State UniversLty of Iowa the right to the full use of said premises for any purpose it sees fit which does not interfere with Grantee's rights herein granted. In the event a relocation of the said facilities and casements becomes necessary because of the development of the area by the State University of Iowa, the Grantor agrees to be responsible for all costs of rvloeating sold facilities to a mutually agreeable location. 7. Consideration Agreement: It is agreed and understood that the consi- deration for the grant is the fact that the City of Iowa City has vacated that portion of College Street between Capitol and Madison Streets as described in Exhibit A attached hereto, and deeded uamc to the Grantor. S. UuratIon : 'Tills easement is granted and all rights hereunder shall endure for such period of time as they are required and used for the facilities herein described. Whenever said purpose and use shall cease, all rights granted herein shall terminate and revert to the Grantor. 9. Assignment Prohibited: This grant {a to the CLty of Iowa City only and cannot be assigned in whole or in part to any other party without written consent of the Grantor. Violation of this provision shall entitle the Crantor to terminate this easelpCnt. Each and all of the above terms, covenants and conditions are of the essence hereof and the Grantee, by accepting this Instrument, covenants and agrees 4 '1 I'lJ nTLA= CEDAR RAPIDS • DES MOINES LO comply and perform in accordance with the terms hereof. The Grantee's failure to do so shall entitle the Grantur at its option to terminate all rights hereunder by serving a written notice upon the Grantee specifying its defaults, and if Lhe Grantee falls to fully comply as ohligatad herein within one year after said notice, all of its rights, title and interest hereunder shall cease and terminate and the Grantor shall be entitled to full possession of the premises. The provisions hereof shall inure to the benefit of and bind the sucessors and assigns of the respective parties 110I'eLe, and all covenants shall apply to and run with Lhe land. 1,14 WITNESS WHEREOF the Grantor has executed this Lnscrument this �I day of 1980, by its lawfully designated officials. AIT ROVED : Executive Counc 1 SLa Le of I By: IOWA STATE: BOACRRD,,//////OJJF REGENTS By'�i�C'�i-'".`ice P Id Scinctary - — -- JORM MICR+LAB ' CEDAR RAPIDS • DES MOINES Alli i - 1% ABBIE ST0!.F'115, r!ni, CITY CLERK (3) a STATE OF IOWA ) SS: COUNTY) CERTIFICATION AND AC'NOW .EDOEMENT On this .4 ?"f 1 day of 0, A.D., 1980, before me, the undersigneJ, a Notary Public in and for said Count State, personally a _ Y, and In saki _ P Y PPeared 1 �i,: �� : �. � %<i: , . and to me p rsonally known, who, being by me dulyT sworn „,did say that they are the President and Executive Secretary, respec- tively, of the Iowa State Board of Regents, executing the within and fore- going instrument to which this is attached; that said instrument was signed on its behalf by authority of said State Board of Regents; and that said inn^,. .r -:ct" and ,t'.. G,.',..,, as such officers acknowledged the execution of said instrument to Ve, the voluntary act and deed of said State Board of Regents, by it and by them voluntarily executed. NOTARIAL SEAL i Notary Public in and for-said_County rte•-=�.- 0 AfIr: 1 , Iq^q. ABBIE ST0!.FLI�.'"'1 CITY CLERK n i SCALE I"= 50' 1 1; 1— E— W W W W CC H • ,o, COLLEGE STREET 80" Z _J O V) F— D d r� U , DESCRIPTION OF ENTIRE TRACT: College Street Beginning at the NE Corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. of ''apitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SW Corner of Block 91, U.T., said point being on the East R.O.N. line of Madison Street, thence South along the East R.O.W. line of Madison Street to the NW Corner of Blocl. 92, O.T., thence East along the North line of Block 92, O.T. to the NE Corner of Block 92, O.T., said point being the point of beginning. DE_S_CRIPTI_0N OF PEMANGNT EASEMENT FOR WATER MAIN: The South 15 feet of the North 30 feet of the above described tract. U AU(; I.- 19fn ABBIE STOI.FI IS, CITY CLERK (� i 4j i LJORM MICR�LAO - �� CEOAR RAPIeS • DES MOINES '� RECEIVED FILEOG D 900ri r \ y , �� r•I;r, 2 1 1980 LEGAL DEPARI.MENT I 1 zl� \ I'EkIAN NT SEWFi( EASKME\'I' naUW ALI. MEN lis' 'riti sE PRESEwrs: JOHP'SO''' cc". IS.f:: That the State of Iowa, holding title to the real estate located in Johnson County, Iowa, for the use and benefit of The State University of Iowa under the jurisdiction of Lite hoard of Regents, specifically described In Exhibit A attached hereto and made a part hereof, for a good and valuable consideration hereby grants until Lite City of Ioem City, Iowa the fallowing easement, subject to these terms, covenants and conditions, to -wit: 1. Location: The easement granted herein shall be located upon and limited to tract specifically described In Exhibit A attached hereto. - 2. Use: Said premises shall be used by the Grantee for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as Grantee shall from • time to time elect for conveying sewage with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right-of-way, with the right of ingress and egress thereto, including all the area described on • Exhibit "A" attached to this easement and by this reference made a part hereof, and for no other purpose, ( 3. Excavations: All ditches, trenches and other excavations shall be firmly filled and maintained in such manner as to present no hazard or obstacle to Grantor's use of the premises for other purposes. -:. .:...._..: t,. Utilities Crusslnl;: All crus::inls of ex La tug sewers, water lines, hv.lting tunnels or )(her CXI::tll11; facllltles shall be accordln); to specifications and details of Lite engineer or other official of the University Ln charge of such installations, and the University shall have the right to construct any such facilities across or through the easement tract in such manner as not to Interfere with Grantee's -, faellities MSL llled 110reunde'r. J. I.lab illty: Grantee covenants to ba responsible for any loss or damage which shall be caused by the e'xe'rcise of said ingress and egress, - - construction, maintenance and use of the premises by the Grantee or its employees and agents under the rights herein granted, or by any wrong- ful or negligent aet, or omission of the Grantee or of its agents or employees in the course of their employment with respect to the sub- ject matter of this agreement. I,. Ril;hts Reserved: The Grantor reserves to itself and to the State University of Iowa the right to the full use of said premises for any ,1 purpose it sees fit which does not interfere with Grantee's rights - herein granted. In the event a relocation of the said facilities and easements becomes necessary because of the development of the area by the State University of IOW, -1 the Grantor agrees to be responsible for all costs of relocating said faCIIItICs to a mutally agreeable location. 7. Cunslderatlun AIIL�ement: It is agreed and understood that the consi- deration for the grant is the fact that the City of Iowa City has vacated Cha, portlun of College Street between Capital and Madison " Streets as described In I•:xhlbtt A attached hereto and deeded same to Elie Grantor. 8. D_uratIon: This easement Is granted and all rights hereunder shall endure for such period of time as they aro required and used for the faClltties herein described. Whenever said purpose and use shall cease, . all rights grantod herein shall terminate and revert to the Grantor. 1. A.esj tuaent 1'rohllhlted: This grant Is to cite City of Iowa City only and cannot be ase:igned In whole or in part to any other party without written consent of the Grantor. Violation of this provision shall entitle Lite Gr(IatPr to terminate this easunent. Each and all of the above terms, covenants and conditions are of the essence hereof and the Grantee, by accepting this, Instrument, covenants CO comply '- JORM MICR4?LAB ' CEDAR RAPIDS • DES MOINES \ j I and perform in accordance with the terms hereof. The Grantee's failure to du so shall entitle the Grantor at its option to terminate all rights hereunder by serving a written notice upon the Grantee specifying its defaults, and if the Grantee fails to fully comply as obligated herein within une year after said notice, all of Its rights, title and interest hereunder shall coase and terminate and the Grantor shall be entitled to full Possession of the premises. 'file provision hereof shall inure to the benefit of and bind the successors and assigns of the respective parties harem, and all covenants shall apply to and run with the land. /� Li WITNESS WMEREOF t�.,Zw'rip/ he Grantor has executed this Instrument this 10% day of , 1980, by its lawfully designated officials. APPROVED: Executive Council State of o a BY ' . V— at -ac-,. IOWA STATE BOARD OF REGENTS Al I(; 1 AQBIE STO!.F'l15 C,P� CITY CLERK (3) i I /off/ ' CEDAR RAPIDS • DES MOINES `r A /off/ ' CEDAR RAPIDS • DES MOINES r-, STATE OF IOWA ) ) SS: COUNTS') CERTIFICATION AND ACKNOWLEDGEMENT On this day of �Co n c , A.D., 1980, before RIC, the undersigned, a Notary Pu I I c in and for said County, and In said State, personally appeared and__�'_�,�,,.,, �.� h�•- to me personally known, who, being by me riuly� sworn„/did say that they are the President and Executive Secretaq , respec- tively, of the Iowa State Board of Regents, executing the within and fore- going instrument to which this is attached; that said instrument was signed on its behalf bey authority of said State Board of Regents; and that said. ; ./i11 and ;J• /.�ti,,,.. < „• as such officers cknowledgod the execution of said ins/trument to b the as act and deed of said State Board of Regents, by It and by them voluntarily executed. N .SEP�- / Notary Public in and for -said- County �/<<_, 4/4 CEDAR RAPIDS • DES MOINES 0 Dd Al ir. 1 7 I9n.n ABBIE STOIYIIg CITY CLERK (3) /4�/ ■ F— W W It F— tn vc• N • SCALE I"= 50 FOI DESCRIPTION OF ENTIRE TRACT: College Street Beginning at the NE Corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. of Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SW Corner of Block 91, O.T., said point being on the East R.O.W. line of Madison Street, thence South along the East R.O.W. line of Madison Street to the NW Corner of Block 92, O.T., thence East along the North line of Block 92, O.T. to the NE Corner of Block 92, O.T., said point being the point of beginning. OCSCRIPTION OF PERIMNENT EASEMENT FOR SANITARY SEWER: The North 15 feet of the South 33.5 feet of the above described tract. [� o a � m Allf; 1 , 1980 ABBIE STO1.FUS. C%4C CITY CLERK (3) r r —J O F— CL Q U CEDAR RAPIDS • DES MOINES i I F— W W It F— tn vc• N • SCALE I"= 50 FOI DESCRIPTION OF ENTIRE TRACT: College Street Beginning at the NE Corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. of Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SW Corner of Block 91, O.T., said point being on the East R.O.W. line of Madison Street, thence South along the East R.O.W. line of Madison Street to the NW Corner of Block 92, O.T., thence East along the North line of Block 92, O.T. to the NE Corner of Block 92, O.T., said point being the point of beginning. OCSCRIPTION OF PERIMNENT EASEMENT FOR SANITARY SEWER: The North 15 feet of the South 33.5 feet of the above described tract. [� o a � m Allf; 1 , 1980 ABBIE STO1.FUS. C%4C CITY CLERK (3) r r —J O F— CL Q U CEDAR RAPIDS • DES MOINES i - I F— W W It F— tn vc• N • SCALE I"= 50 FOI DESCRIPTION OF ENTIRE TRACT: College Street Beginning at the NE Corner of Block 92, O.T., said point being on the west R.O.W. line of Capitol Street, thence North along the west R.O.W. of Capitol Street to the SE Corner of Block 91, O.T., thence west along the South line of Block 91, O.T. to the SW Corner of Block 91, O.T., said point being on the East R.O.W. line of Madison Street, thence South along the East R.O.W. line of Madison Street to the NW Corner of Block 92, O.T., thence East along the North line of Block 92, O.T. to the NE Corner of Block 92, O.T., said point being the point of beginning. OCSCRIPTION OF PERIMNENT EASEMENT FOR SANITARY SEWER: The North 15 feet of the South 33.5 feet of the above described tract. [� o a � m Allf; 1 , 1980 ABBIE STO1.FUS. C%4C CITY CLERK (3) r r —J O F— CL Q U CEDAR RAPIDS • DES MOINES i RESOLUTION NO. 80-197 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS WHEREBY THE CITY WILL ACQUIRE CERTAIN FEE AND EASEMENT RIGHTS IN PROPERTY OWNED BY ALBERT AND WILFREDA HIERONYMUS IN CONNECTION WITH THE SOUTH BRANCH RALSTON CREEK STORMWATER DETENTION PROJECT. WHEREAS, it is in the public interest to construct certain stonnwater detention improvements (dam) in the South Branch Ralston Creek area in Iowa City and Johnson County; and WHEREAS, it is necessary to acquire a portion of property owned by Wilfreda and Albert Hieronymus, together with certain other easement rights adjacent and appurtenant thereto, in order to construct said dam. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. The Mayor is authorized to sign and the City Clerk to attest an Agreement with Wilfreda Hieronymus and Albert Hieronymus as owners of said property. 2. The Mayor is authorized to sign and the City Clerk to attest the permanent flowage easement and agreement and noted "Exhibit B", which agreement is between the City and Wilfreda Hieronymus and Albert Hieronymus as owners in fee of said property. for purposes of flowage easement only. It was moved byyevera and seconded by rerret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl x Neuhauser X Perret X Roberts. X Vevera Passed and approved this 3rd day of June , 19 80. l E Mayor i' r ATTEST: City C erk� Recaivad A Approved By The Legal Depa"al'i _..... ...._..T....... CEDAR RAPIDS • DES MOINES /07D CI d dl -- PARTIAL RSLEFISE RUI ALL MEN BY THESE PRESEWS: that Iowa State Bank & Trust Company, Ia::a City, Iowa, does hereby release the real estate described in Exhibit "A" attached hereto and by this reference made a part hereof from the lien of a mortgage executed by Wilfreda A. Hieronymus and Albert N. Hieronymus, her husband, to the undersigned dated April 13, 1966, and recorded April 14, 1966, in Book 140, page 353, t4ortgage Records of Johnson County, Iowa, and also from a certain mortgage executed by the same Mortgagors in favor of the undersigned dated September 15, 1978, and recorded September 20, 1978, in Book 261, page 42, Mrtgage Records of Johnson County, Iowa, PROVIDED that said mortgages shall re - min in effect as a lien against all real estate other than thaUd'ies�r4bed in attached Exhibit "A". RIOAW 10 IN. 7' ?0 5't{� DATED at Iowa City, Iowa, this 6th day of June, 1980. AMISM, CU...C'.;.: ICl1TA STATE BANK & IOWA CITY, IOWA / STATE Or ICM ) ss: JOHNSON COUNTY ) on this 6th day of June, 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appearedW. R. Simmerwill and Ben E. Sunmerwill , to me personally known, who, being by me duly sworn, did say that they are the President and Chairman of the Board , respectively, of said corporation executing the within and foregoing Instrument, that the seal affixed thereto is the seal of said corpora- tion; that said Instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said W. R. Simma l_� and Ben E. Sumnerwill as such officers acknowledged the execution of said Instrument to be the voluntary act and deed of saidfj��° ration, by it and by then voluntarily executed. / �l ////� NOTARIAL JORM MICRI' LAS CEDAR RAPIDS • DES MOINES I! 0 Clilf7 iu- IqT THIS AGREEIInM is made between the City of Iowa City, Iowa, a municipal corporation, hereinafter called CITY, and Albert N. Hieronymus and Wilfreda A. Hieronymus, husband and wife, of Johnson County, Iowa, hereinafter called OoEM. WITNESSEPH: WHEREAS, the Owners have fee title to certain real estate located within Johnson County, Iowa, within or adjacent to the corporate limits of the City, and WHEREAS, the City has determined that it is in the public interest to erect a dam on Ralston Creek for flood control purposes and for such purpose to acquire certain real estate belonging to the Owners, and WHEREAS, the parties in lieu of condemnation proceedings, have agreed to the acquisition of certain property interests of the Owners by the City and the amount to be paid to the Owners as "just compensation". IT IS THERE RE AGREM: 1. Taking. The City shall acquire by warranty deed from the Owners the fee title to certain real estate designated as Parcel 1 and Parcel 3 on Exhibit "A" attached hereto and by this reference made a part hereof and shall acquire a flowage easement over the real estate described as Parcel 2 on Elchibit "A". In addition, the City shall acquire a borrow easement to be used for the purpose of acquiring earth for the construction of the dam on certain real estate designated as Parcel 1-A on Exhibit "A". All of the foregoing may sometime hereinafter be referred to as the "taking". 2. Compensation. The Owners shall receive frau the City the sum of $320,000 which shall be paid at the time the City takes possession of any portion of the property described on Inhibit "A". 3. Possession. The City shall be entitled to possession after execution of this Agreement but such possession is subject to the rights, if any, of the farm tenant and is also subject to the provisions of this Agreement. In any event, the City shall acquire Possession of said real estate on or ioefore June 30, 1980. t j CEDAR RAPIDS DES MOINES I i t ` l I 0 Clilf7 iu- IqT THIS AGREEIInM is made between the City of Iowa City, Iowa, a municipal corporation, hereinafter called CITY, and Albert N. Hieronymus and Wilfreda A. Hieronymus, husband and wife, of Johnson County, Iowa, hereinafter called OoEM. WITNESSEPH: WHEREAS, the Owners have fee title to certain real estate located within Johnson County, Iowa, within or adjacent to the corporate limits of the City, and WHEREAS, the City has determined that it is in the public interest to erect a dam on Ralston Creek for flood control purposes and for such purpose to acquire certain real estate belonging to the Owners, and WHEREAS, the parties in lieu of condemnation proceedings, have agreed to the acquisition of certain property interests of the Owners by the City and the amount to be paid to the Owners as "just compensation". IT IS THERE RE AGREM: 1. Taking. The City shall acquire by warranty deed from the Owners the fee title to certain real estate designated as Parcel 1 and Parcel 3 on Exhibit "A" attached hereto and by this reference made a part hereof and shall acquire a flowage easement over the real estate described as Parcel 2 on Elchibit "A". In addition, the City shall acquire a borrow easement to be used for the purpose of acquiring earth for the construction of the dam on certain real estate designated as Parcel 1-A on Exhibit "A". All of the foregoing may sometime hereinafter be referred to as the "taking". 2. Compensation. The Owners shall receive frau the City the sum of $320,000 which shall be paid at the time the City takes possession of any portion of the property described on Inhibit "A". 3. Possession. The City shall be entitled to possession after execution of this Agreement but such possession is subject to the rights, if any, of the farm tenant and is also subject to the provisions of this Agreement. In any event, the City shall acquire Possession of said real estate on or ioefore June 30, 1980. t j CEDAR RAPIDS DES MOINES 0 -2- 9. Abstract - Deed. Conveyance to the City by the Owners shall be made pursuant to proper legal instrument subject to the terms and provisions of this Agreanent. The Owners warrant that they have merchantable title to said real estate and will furnish the City with abstracts continued to a date not earlier than May 30, 1980, showing their title Pr4MDFD the City shall be responsible for documentary transfer tax and the expense of continuing the abstracts. The abstracts may be copied by the City but shall be returned to the Owners within a reasonable period of time. 5. Flowage Easernnt. The flowage easement described in Exhibit "A" as Parcel 2 shall be the subject of a separate instrument entitled "Agreement and Permanent Flow- age Easement" and shall be executed by the Owners with the City as grantee in the form and subject to the conditions more particularly described in Exhibit "B" attach- ed hereto and by this reference made a part hereof. 6. Borrow Easenent. From the Parcel of real estate described in Exhibit "A" as Parcel 1-A, the City shall be permitted to remove earth for the purpose of con- structing a dam subject to the following conditions: a. Prior to taking borrow the City shall remove the topsoil according to United States Soil Conservation Service Standards to a depth not exceeding one foot and preserve the same until such time as the borrow has been removed from the area. b. The borrow material for construction purposes is estimated to be approximately 50,000 cubic yards of earth. In any event, the City shall not remove more soil than necessary for its construction of the project. If necessary, the City may remove an additional amount of earth not to exceed 5,000 cubic yards for construction purposes on the project without the payment of any additional mnpensa- tion to the Owners. c. immediately after the removal of borrow the City shall replace the topsoil pursuant to United States Soil Conservation Service Standards, grade and level the borrow area, and return possession of Parcel 1-A to the Owners upon com- pletion of dam construction or December 15, 1980, whichever is earlier. I 1 i CEDAR RAPIDS DES MOINES 0 -3- d. The Owners shall have the right to use Parcel 1-A in any manner that does not interfere with the City's use thereof. e. The City shall indemnify the Owners against any claims or damages which may occur through the exercise of the borrow easement rights. f. The City shall have the right of access to Parcel 1-A from Parcel 1 and Parcel 3 as may be necessary for the proper use of the borrow area during construc- tion. No permanent structure of any kind shall be placed upon Parcel 1-A by the City or the Owners during the construction period. i 7. Shed. The Owners shall have the right to remove the existing shed on the Parcel being acquired by the City near American Legion Road PFimDID that the m structure is reeved by`the Owners within a period of thirty (30) days following I notice from the City to then or prior to June 1, 1981, whichever shall first occur. In any event, such removal shall not interfere with construction on the project. S. Fence. After completion of the dam project and in any event no later than May 15, 1981, the City shall construct a "hog tight" fence on the boundary lines of Parcel 1 and Parcel 3. 9. Access. After the taking Owners will have property remaining east of the project area and west thereof. The City will designate and construct an access to permit ingress and egress between Owners' property remaining east of the darn and west of Scott Boulevard, said access to permit the removal of machinery and farm vehicles from one tract to the other. 10. Boundary Line. Upon receipt of written request by the Owners, the City will install pins or markers denoting the easterly and southerly boundary line of Parcel 2 (flowage easement) in such manner so that there will be no interference with agriculture use of the area. 11. Sewer 13xtension. The plans and specifications for the construction of the dam provide for the installation of a sanitary sewer and manhole located east of the structure. Fran such location the City shall install, not later than June 1, 1981, a sanitary serer extension to a point which is 20 feet east of the upstream toe of JORM MICR+LAB CEDAR RAPIDS • DES MOINES i I 0 -3- d. The Owners shall have the right to use Parcel 1-A in any manner that does not interfere with the City's use thereof. e. The City shall indemnify the Owners against any claims or damages which may occur through the exercise of the borrow easement rights. f. The City shall have the right of access to Parcel 1-A from Parcel 1 and Parcel 3 as may be necessary for the proper use of the borrow area during construc- tion. No permanent structure of any kind shall be placed upon Parcel 1-A by the City or the Owners during the construction period. i 7. Shed. The Owners shall have the right to remove the existing shed on the Parcel being acquired by the City near American Legion Road PFimDID that the m structure is reeved by`the Owners within a period of thirty (30) days following I notice from the City to then or prior to June 1, 1981, whichever shall first occur. In any event, such removal shall not interfere with construction on the project. S. Fence. After completion of the dam project and in any event no later than May 15, 1981, the City shall construct a "hog tight" fence on the boundary lines of Parcel 1 and Parcel 3. 9. Access. After the taking Owners will have property remaining east of the project area and west thereof. The City will designate and construct an access to permit ingress and egress between Owners' property remaining east of the darn and west of Scott Boulevard, said access to permit the removal of machinery and farm vehicles from one tract to the other. 10. Boundary Line. Upon receipt of written request by the Owners, the City will install pins or markers denoting the easterly and southerly boundary line of Parcel 2 (flowage easement) in such manner so that there will be no interference with agriculture use of the area. 11. Sewer 13xtension. The plans and specifications for the construction of the dam provide for the installation of a sanitary sewer and manhole located east of the structure. Fran such location the City shall install, not later than June 1, 1981, a sanitary serer extension to a point which is 20 feet east of the upstream toe of JORM MICR+LAB CEDAR RAPIDS • DES MOINES W -a - the dam to a manhole located southeast of Ralston Creek and the Owners agree to reimburse the City for such extension in an amount not to exceed $10,000 which shall include any tap -on or other service fee. The reimbursement shall be made at such time as the extension has been ocmpleted. 12. Buffer Zone. The City shall establish a buffer zone consisting of conifer- ous trees and shrubs, either or both, on the right of way of Scott Boulevard on both sides of the road from American Legion Road north to the southernmost point of the proposed dam. Such installation to be made by the City not later than June 1, 1982. DATM at Iowa City, Iowa, this 3rd day of June, 1980. CITY OF IOWA CITY, IOWA CO3PONT X54'4`1 411 CEDAR RAPIDS DES MOINES wo ,a o I~+ go �1 W -a - the dam to a manhole located southeast of Ralston Creek and the Owners agree to reimburse the City for such extension in an amount not to exceed $10,000 which shall include any tap -on or other service fee. The reimbursement shall be made at such time as the extension has been ocmpleted. 12. Buffer Zone. The City shall establish a buffer zone consisting of conifer- ous trees and shrubs, either or both, on the right of way of Scott Boulevard on both sides of the road from American Legion Road north to the southernmost point of the proposed dam. Such installation to be made by the City not later than June 1, 1982. DATM at Iowa City, Iowa, this 3rd day of June, 1980. CITY OF IOWA CITY, IOWA CO3PONT X54'4`1 411 CEDAR RAPIDS DES MOINES wo ,a o I~+ go EXHIBIT "A" Parol 1: Beginning at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0043'39" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to a point (this is an assumed bearing for the purposes of this description only); thence N 44108119" E 602.30 feet to a point; thence N 2051'10" E 400.23 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson County Recorder's office, Book 395, Page 317; thence South 89028111" E 1025.53 feet along said Southerly line to a point; thence S 51013'26" W 690.75 feet to a point; thence S 21°01'45" W 209.73 feet to a point; thence S 0043139" E 756.03 feet to a point; thence N 88039159" W 803.97 feet to a point; thence S 0°43'39" E 510.00 feet to a point of intersection with the Southerly line of said Northwest fractional one quarter of Section 18; thence N 88039'59" W 50.03 feet to the point of beginning; and containing 25.26 acres more or less. Parcel 1-A: Camencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0043139" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to the point of beginning of the tract herein described (this is an assumed bearing for purposes of this description only); thence continuing N 0°43'39" W 836.22 feet to the Southerly line of a parcel described in Warranty Deed recorded in Johnson County Recorder's office, Book 395, Page 317; thence S 89028'11" E 450.00 feet along said Southerly line to a point; thence S 2051110" W 400.23 feet to a point; thence S 44008'19" W 602.30 feet to the point of beginning; and containing 6.14 acres more or less. Parcel 2: Camlencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 880 39' 59" East 50.03 feet along the Southerly line of the Northwest fractional one quarter of Section 18 to a point (this is an assumed bearing for purposes of this description only); thence North 0° 43' 39" West 400.00 feet to the point of beginning of the tract herein described; thence continuing North 00 43' 39" West 110.00 feet to a point; thence South 880 39' 59" East 803.97 feet to a point; thence North 0° 43' 39" West 756.03 feet to a point; thence North 210 01' 45" East 209.73 feet to a point; thence North 510 13' 26" East 690.75 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson County Recorder's office, Book 395, Page 317; thence South 890 28' 11" East 80.51 feet along said Southerly line to a point; thence South 360 20' 14" West 120.67 feet to a point; thence South 480 19' 42" West 228.66 feet to a point; thence South 340 39' 04" West 235.70 feet to a point; thence South 70 33' 28" East 114.71 feet to a point; thence South 470 50' 07" West 114.17 feet to a point; thence South 330 43' 42" West 179.71 feet to a point; thence South 16° 49' 09" East 186.22 feet to a point; thence S 340 21' 44" East 194.21 feet to a point; thence South 380 41' 49" East 237.80 feet to a point; thence South 760 29' 13" West 147.89 feet to a point; thence North 880 20' 52" West 155.77 feet to a point; thence South 130 13' 32" East 222.02 feet to a point; thence North 820 46' 48" West 213.16 feet to a point; thence North 85° 02' 31" West 196.97 feet to a point; thence North 831 56' 46" Wost 195.82 feet to a point; thence North 700 17' 33" West 14.76 feet to a point; thence North 880 39' 59" West 388.71 feet to the point of beginning; and containing 10.08 acres more or less. EXHIBIT "A" JUHM MIU MFLAU CEDAR RAPIDS • DES 140INES 1070 N EXHIBIT "A" Parcel 3: Beginning at the East quarter comer of. Section 13, Taanship 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0043139" W 1106.00 feet along the Easterly line of the Northeast quarter of said Section 13 to a point of intersection with the Southerly right-of-way line of the abandoned Burlington, Cedar Rapids, and Northern Railroad right-of-way as shown on a plat prepared by A.H. Bolt dated Cecerr, er, 1921 recorded in the Johnson County Recorder's office, Plat Book 2, Page 64 (this is an assumed bearing for the purposes of this description); thence N 86059'26" W 201.24 feet along said Southerly right-of-way line as shown or said plat to a point; thence S 17020103" W 157.85 feet to a point; thence S 26051143" E 453.50 feet to a point; thence S 0° 43'39" E 562.70 feet to a point of intersection with the center line of the public highway as shown on said plat; thence N 88°22121" E 50.01 feet along said center line of public highway to the point of beginning; and containing 2.79 acres more or less. EXHIBIT "A" De g&. D8t 0 ey r 7 CEDAR RAPIDS • DES MOINES tl EXHIBIT "B" deal L41 V 121 j THIS INSTIU11M is executed by and between the City of Iowa City, Icwa, hereinafter called CITY, and Albert N. Hieronymus and Wilfreda A. Hieronymus, husband and wife, hereinafter called asNEPS on the following terms and conditions: 1. The OWNERS grant and convey to the CITY a permanent flowage easement over the real estate owned by the OWNERS, located in Johnson County, Iowa, and more particularly described as: Ccmnencing as a point of reference at the West quarter corner of Section 18, Tomship 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 880 39' 59" East 50.03 feet along the Southerly line of the Northwest fractional one quarter of Section 18 to a point (this is an assumed bearing for purposes of this description only); thence North 00 43' 39" West 400.00 feet to the point of beginning of the tract herein described; thence continuing North 0° 43' 39" West 110.00 feet to a point; thence South 88° 39' 59" East 803.97 feet to a point; thence North 0° 43' 39" West 756.03 feet to a point; thence North 21° 01' 45" East 209.73 feet to a point; thence North 510 13' 26" East 690.75 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson County Recorder's office, Book 395, Page 317; thence South 890 28' 11" East 80.51 feet along said Southerly line to a point; thence South 360 20' 14" West 120.67 feet to a point; thence South 480 19' 42" West 220.66 feet to a point; thence South 340 39' 04" West 235.70 feet to a point; thence South 70 33' 28" East 114.71 feet to a point; thence South 47° 50' 07" {Vest 114.17 feet to a point; thence South 330 43' 42" West 179.71 feet to a point; thence South 160 49' 09" East 186.22 feet to a point; thence S 341 21' 44" East 194.21 feet to a point; thence South 380 41' 49" East 237.80 feet to a point,. thence South 76° 29' 13" West 147.89 feet to a point; thence North 880 20' 52" West 155.77 feet to a point; thence South 130 13' 32" East 222.02 feet to a point; thence North 820 46' 48" West 213.16 feet to a point; thence North 850 02' 31" West 196.97 feet to a point; thence North 830 56' 46" West 195.82 feet to a point; thence North 70° 17' 33" West 14.76 feet to a point; thence North 880 39' 59" West 388.71 feet to the point of beginning; and containing 10.08 acres more or less, designated as Parcel 2 on a certain Property Acquisition Map prepared by Shive - Flattery & Associates bearing drawing number 179169-5 and designated as "Ralston Creek South Property Acquisition from Wilfreda A. and Albert N. Hieronymus to the City of Iowa City". EXHIBIT "B" /070 JORM MICR+LA6 CEDAR RAPIDS • DES PIOINES -2- 2. This instrument grants to the CITY the right to overflow, flood, and submerge the above described real estate in connection with the South Branch Ralston Creek Stormwater Detention Project, but the OWNERS shall re- tain the fee title to said real estate. The OWNERS represent that they have merchantable title to the real estate described above with the right to grant this easement. 3. The OWNERS shall have the right to use the above described real estate for any purpose which will not interfere with the rights granted to the CITY herein. It is specifically understood that the OWNERS shall have the right to use said area for agricultural purposes but shall not erect any dwelling, building, well, reservoir or dam thereon. Specifically, the MFRS shall be permitted to include said area for the purpose of computing density in the event of any subsequent development of their land located south and east of the above described real estate. 4. In the event of subsequent development of the area located south and east of the above described real estate which area drains into the storage area behind the dam, MIERS shall not be required to comply with the storage requirements of the Storm Water Management controls set forth in X33 -61(a), Code of ordinances of Iowa City, Iowa (1979). However, nothing herein shall be construed to exempt the OWNERS from other procedures, rules and regulations concerning the Storm Water Management or development. 5. The CITY shall indesmify the CPMS frau any claim of damage arising by its use and designation of the above described real estate pursuant to the easement granted herein. The rights granted to the CITY shall not pre- vent the OWNERS from granting easements to others so long as the same do not interfere with the use of the property by the CITY for the purpose set forth above. 6. The CITY shall not be required to moa, cultivate, grade or level any portion of the above described real estate. 7. The provisions hereof shall be for the benefit of and bind the personal representatives, heirs, and assigns of the OWNERS and the CITY and the terms and conditions set forth above shall constitute covenants running with the land. Dated this 3rd day of June, 1980. CITY OF IOWA CITY Le" -a--) OR ALBERT N. HMUAMS . 'Y WIIeIA. HIERDNYMUS CITY CLERIC CORPORATE SEAL! j 415 [ORM MICR+LA6 CEDAR RAPIDS • DES MOINES Reoeiv.d t Appoo„ed AY ThO 4061 WWment 13 a -3" STATE OF Ialm SS: CCLNT' OF JOHNSON ) On this day of June, 1980, before mc, the undersigned, a Notary Public in and for the State of Ioda, Canty of Johnson, personally appeared Albert N. Hieronymus and Wilfreda A. Itieronyrr+us to me ]nam to be the identical persons named in and ,,iio executed the foregoing instrument and acknowledged that they executed the s,cm as their voluntary act and deed. Notary RBIic in and for the State of Ioda /0% CEDAR RAPIDS •DES MOINES �: RESOLUTION N0, gp_Tgg //- 1,;9 RESOLUTION AWARDING CONTRACT AND. AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF AND HTrKnRY NTII NFTrHRnRHnnV) THSIDE WHEREAS, —MERLIN HAMM CONSTR TION IN 11—e above-named projecthas submitted the beat bid for the construction of NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to nF cac �a� �0 Tg , aubthe con tion that awardject toee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and t>pon roll call there were: AYES: NAYS: ABSENTt x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts Abstain Vevera j Passed and approved this 3rd day of June , 19 BQ_ i 117 xp MAYOR ATTEST: CITY CLERK - RECEIVED & APPROVED B1 24E LEGAL DEP aT gd /07i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES PERFORMANCE AND PAYMENT BOND Bond No. 54-17640 KNOW ALL MEN BY-THESE PRESENTS THAT Merlin Hamm Construction, Inc. 2930 Industrial Park Road, Iowa City, Iowa 52240 (llere insert the name wid address or legal title of the CuntractorJ a Principal, hereinafter called the Contractor and 11NTTpn pTRp F (ASnAi T] C`oMPANY as Surety, hereinafter (Here insert the ZegaZ title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, I as obligee, hereinafter called the Owner, in the amount of Eighty-five Thousand, Seven Hundred Forty-seven &Dollars ($ 85,747.20 for the payment whereof Contractor 20/100---- and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19-M, entered into a Contract with Owner for... THE NEIGHBORHOOD SITE IMPROVEMENTS -SIDEWALK, REPAIR PROGRAM (NORTHSIDE AND HICKORY HILL NEIGHBORHOODS) In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOY) THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB -1 MICROFILMED BY JORM MICR �LAB CEOAR RAPIDS •DES MOINES /0 7/ 0 Compli the Contract in accordance wi('�its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses i (even though there should be a default or a succession of j defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of two 2 years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PD -2 MICROFILMED BY JORM MICR LAO CEDAR RAPIDS • DES MOINES m r IT IS A FURTHI�'OND1TION OF THIS OnLIfATION principal and Suroty shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS c DAY OF A.D., 19,Pd IN THE PRESENCE OF: MERLIN HAMM CONSTRUCTION, INC. (Prin�ipa �' G crGZ' if Witnes Tit e /UNITED FIRE & CASUALTY COMPANY Sure itne s" (Title] -Attorney -in -Fact act PB -3 MICROFILMED BY JORM MICR (pLAB + CEDAR RAPIDS • 1MOINES B /07/ i 1 \1 IT IS A FURTHI�'OND1TION OF THIS OnLIfATION principal and Suroty shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS c DAY OF A.D., 19,Pd IN THE PRESENCE OF: MERLIN HAMM CONSTRUCTION, INC. (Prin�ipa �' G crGZ' if Witnes Tit e /UNITED FIRE & CASUALTY COMPANY Sure itne s" (Title] -Attorney -in -Fact act PB -3 MICROFILMED BY JORM MICR (pLAB + CEDAR RAPIDS • 1MOINES B /07/ A(- NOWLEDGMENT OF SL :ETY Slaw of ______ Iowa ------------- 1I County of -----Lind -------------- OnThis -------day of --------------------- I`I---------- personally appeared before me _---_--May_nard_L._-ttansen------------------------------------ who being duly sworn did depose antl say that he is the auorney-in•fact of the United Fire & Casualty Conn pany of Cedar Rapids. Iowa, that the seal affixed to the lumchcd instrumew is the Corporate Se:d of said Cor- poration, and that said instrument was signed and .scaled on behalf of said Corporation by authority of its Board of Uirectorsand the said ------- VAYnzrd_JItansen------ acknoulcdgcd that he executed said instru- __. mem as such tutor 0 0: 1 �nTIRLS al�•t and decd u( said Corporauon./ .`_.. MY ptem� 5130. 1920IS IIN ❑.�Illlh l 4un.�:;•c�ln•es.4rtd�r "v�' 1:;: MICROFILMED BY JORM MICRI LAB CEDAR RAPIDS • DES MOINES lel t1NITF.D FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, acorporation duly organized and existing under the laws of the Stale of Iowa, and having its principal office in Cedar Rapids, Stale of Iowa, does make, con- stitute and appoint Richard J. Ehlinger, or Maynard L. Hansen, or Scott McIntyre, Jr., or Roger G. Heckroth, or John F. Coleman, or Jeffrey A. Chapin, Individually, of Cedar Rapids, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law• ful bonds, undertakings and other obligatory instruments of similar nature as follows: Any and all bonds, and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as it such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire September 1 19 B 0 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings." Section e. Ap"inlment of Atlpan,Y•In•Farl. "Thr P... Aent or any Vlte Pn.lArnh ,, one other officer of he (Intensity. mty. hem time to time, .Probst by wrllcn ernthtd re • llntnryrd.d.,j in an to hrio,ll of the nom P..Y In Ihr evrntann of Policies nl Innnanee, bond.. ondeneltop end ntber ,hliutn,y Inurument. of hhe nature. The rLLmlurr of ant nlflm rulhn- died here by. snd the Corporal, old. meY be.1fi.ed by fa,dmlb, In enY power of attorney nr rperul pnwrr of attnrnev of sae- tifirsllnn o1 Cube, ssithri l.of hereby: ni,h dgntlure and col. when or .....1. being adopt,,l he the Company to the or imd dgn.tu,. or meh nfilep test the mrylnd ,rd of the tlomCmY, to be nlld and blector, upon the Company with the some Inver and effect as though m.nualli,.el.ed. Stich mmneY.•In•forl..nblert In the bmilatinns of forth In thin Corrective rertilmtrw nl tulhndty .hdi hot, lull power to bind the Cnmr.ny by their upuuue .,,it roicolionof any n,h lc,ln:menta and In aCUrh the .est n1 the contritely Ch ecln. The Coresident or any Vice P ... Wind. the Ilolol of Ubrrtnrr or any other Critter of the Com - Pony only a ant time cook. .0 pnw'c Cord .uth pity r...in.dy Iicn to my .IlnmrY-In•brt. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents "Ihn to be signed by its vice president and its corporate seal to he hereto Affixed this 1S t ;',ionorn['tl day of September ,n.D.1978 . SEA.. UNITED F RE & CASUALTY COMPANY •' ' Dv State of Iowa, County of Linn, ss: Vice President On this 1St dayof September 1978 , before me personally came Roy L. Ewen tome known, who being by me duly sworn, did depose and say* that he resides in Cedar Rapids,.rtate of Iowa. that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru• ment; that he knows the seal of said corporation; that the seal affixerl to the said instrument is such corporate seal, that It was so affixed pursuant to authority given by the Board of Directors of said enrpordtinn and that he signed his name thereto pursuant to likcdutbprity, and acknowledges same to be the amt and deed of said corporation. IOWA C 9„ "�A� Notary Public My commission expires September 30, 19 80 itp�.. Ss;• CERTIFICATION I,'ilie"undersigned officer of the UNITED FIRE & CASUALTY COMPANY. do hereby rernfy that I hive compared the fore. going copy of the Power of Attorney and affidavit. and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE I OLIE OFFICE. OF SA ID COMPANY, and that the same are correct transcripts thereof. and of the whole of the said ongmals, and that the said Power of Attorney has not been revoked and is now in full force and effect. I,,,, vaeF t„Mut, In testimony whereof I have hercunm suhunhrd my name and affixed the corporate seal of the said W, Ci.GOAIi ^� 19 . Company this day of %`? SEAL Is G - ^ tjd' r '• Secrrmry UNC 3Sl,3b MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES CONTRACT THIS AGREEMENT, made and entered into this Fri day of , 19_, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and i Uri 1, Fnmm Constriction T n c party of the second part, hereinafter referred to as the "Contractor". j WITNESSETH: That whereas the Owner has heretofore caused tp be prepared certain plans, � h specifications and proposal blanks, dated the day of O l 19 , for the Neiahborhood Site Ininrovements-Sidewalk Renair Program (Plorthside & Hickory;Hill Neighborhoods) under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers _ b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES V e. Spr--ial Provisions r f. Proposal g. This.Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. -That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Merlin Hamm Construction, Inc, f Contractor / (Seal) (Seal) LTi (Title Mayor le ATTEST: ATTEST: (_Title) City Clerk (Title) _ ompany f CF -2 MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES ti I V e. Spr--ial Provisions r f. Proposal g. This.Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. -That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Merlin Hamm Construction, Inc, f Contractor / (Seal) (Seal) LTi (Title Mayor le ATTEST: ATTEST: (_Title) City Clerk (Title) _ ompany f CF -2 MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES 0 FORM OF PROPOSAL NEIGHBORHOOD SITE IMPROVEMENTS -SIDEWALK, REPAIR PROJECT (NORTHSIDE AND HICKORY HILL NEIGHBORHOODS) CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder tlgrlia_vamm Construction Inc. Address of Bidder 2930 Irld?istrial Park Ro d Iowa City, Iowa 52240 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ 0,000.00 in accordance with the terms set forth in the "Standard Specifications", Article 1102,12. The undersigned bidder, having examined and determined the scope of the Contract Documents,hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be -agreed upon to perform such work on a force account basis as,' provided in the "Standard Specifications". ITEM DESCRIPTION I. Sidewalk, 4" P.C.C. ESTIMATED UNIT EXTENDED UNIT .gUANTITY PRICE AMOUNT Sq. Ft. 35,728 £ 2.40 R 95,24y.20 TOTAL EXTENDED AMOUNT $ 85,y4y.20 P-1 MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES 14971 The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: Merlin Hamn Construction, Inc, By: Ti e �0 in Fa oad Ioua CitIa. Business dress y, (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS P-2 MICROFIL7BYJORM MCEDAR RAPIDS u H I I ADVERTISEMENT FOR BIDS NEIGHBORHOOD SITE 11dPROVEhfENTS - SIDEWALK REPAIR PROGRAM (NORTHSIDE AND HICKORY HILL NEIGHBORHOODS) Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until .10;00_ _?L. M. on the 8th day of----T1dy__ , 19.&Q, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p_m_on June 3,_ 1980 _____, or at such later time and place as may then be fixed. The work will involve the following: the removal and replacement of all marked sidewalk and other incidental work including grading, tree root removal, seeding, sawing, etc. required to complete the project. All work is to be done in strict compliance with the plans and specifications prepared by Charj.e5__ J. S_Chmadeke. P E ,_City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Pones, Iowa. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank or a bank charted under the laws of the United States and filed in a scaled envelope separate from the one containing the proposal, and in the amount of $ 8,000.00 made payable to the City Treasurer— of tTie City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 MICROFILMED RY JORM MICR�LA 3 CEDAR 11111, • OES MOINES 0 7/ 0 The cessful bidder will br require^o furnish a bond in an amount equal to one hundred percent (100'1:) of the contract price, said hond to be issued by a responsible surety approved by the City Ccuacil and shall guarantee the prompt Payment of all materials and labor and protect and,save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days 65_ Completion Date Se t. 30, 1930 Liquidated Damages 100 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Charles J. Schmadeke PJ, City Engineer of IowaowaCity, Iowa, by bona fide bidders. Return all plans and specifications to the City En ineer's office in good condition within fifteen ?15) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. rAbbie Stolfus City Clerk of Iowa City, Iowa AF -2 1071 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES R ADVERTISEMENT FOR BIDS NEIGHMRRAOOO7I=RPROM4ENTS - CURB RAMP AND SIDEWALK REPAIR PROGRAM (HIGHLAND NEIGHBORHOOD) Sealed proposals will be received by the Cler0of the City of Iowa City, Iowa, until a.m. \on the 21st day of May and opened iamed ately thereafter by the i Engineerl Proposals will be acted upon y Council at a meeting to be held in the oun Chambers at 7:30 a.m. on Ma 27 1980 or at such `jater time and place as ma then fixed. City 10:00 1980, it City The work will involve the folio nng: The constructio(1 of curb ramps an the removal and replacement of sidewalk and othe incidental work including grading, tree root re val, seeding, sawing, etc., required to comp ete the project. All work is to be done 'n strict compliance with the plans and specificati s prepared by V, ,vwa U,cy, ,uwa, wm c nave nereLorore peen approved by the City Co Heil, and are on file for public examination in a Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it hall be'the "Standard Specifications for yighway and Bridge Construction", Series of 1977, Io a Department of Transportation, Ames, Each proposal shall be made ori\a form furnished by the City and/must be accompanied by a bid bond or cashier's or certified check drwn on an Iowa Bank or a bink/charted under the lass of the United States and filed in a sealed envelope separate from the one containing the proposal, and\in the amount of $ 3 000:00 made payable to the City Treasurer/of the City of Iowa City, I6wa, and may be cashed by the Treasurer of the City\of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a\1contract within ten (10) days and post bond satisfactory to theity insuring the faithful performance of the con ract. Checks of the lowest two or mode bidders mabe retained for a period of not to exceed f -fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Wl i i ADVERTISEMENT FOR BIDS NEIGHMRRAOOO7I=RPROM4ENTS - CURB RAMP AND SIDEWALK REPAIR PROGRAM (HIGHLAND NEIGHBORHOOD) Sealed proposals will be received by the Cler0of the City of Iowa City, Iowa, until a.m. \on the 21st day of May and opened iamed ately thereafter by the i Engineerl Proposals will be acted upon y Council at a meeting to be held in the oun Chambers at 7:30 a.m. on Ma 27 1980 or at such `jater time and place as ma then fixed. City 10:00 1980, it City The work will involve the folio nng: The constructio(1 of curb ramps an the removal and replacement of sidewalk and othe incidental work including grading, tree root re val, seeding, sawing, etc., required to comp ete the project. All work is to be done 'n strict compliance with the plans and specificati s prepared by V, ,vwa U,cy, ,uwa, wm c nave nereLorore peen approved by the City Co Heil, and are on file for public examination in a Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it hall be'the "Standard Specifications for yighway and Bridge Construction", Series of 1977, Io a Department of Transportation, Ames, Each proposal shall be made ori\a form furnished by the City and/must be accompanied by a bid bond or cashier's or certified check drwn on an Iowa Bank or a bink/charted under the lass of the United States and filed in a sealed envelope separate from the one containing the proposal, and\in the amount of $ 3 000:00 made payable to the City Treasurer/of the City of Iowa City, I6wa, and may be cashed by the Treasurer of the City\of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a\1contract within ten (10) days and post bond satisfactory to theity insuring the faithful performance of the con ract. Checks of the lowest two or mode bidders mabe retained for a period of not to exceed f -fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Wl i ThE� ccessful bidder will be requil to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible 'surety approveby the City Council and shall guarantee the py mpt payment of all materials and labor and p 6tect and save armless the City from claims nd damages of any kind caused by the ope tion of the contrac and shall also guaranty a the maintenance f the improvement fora period of two (2) ears from and after its completion and acceptance by the City. The followin limitation shall apply to this project: Working Days 0 Completion Dat Se t. 30 1980 Liquidated Daly es 0.00 per day The plans, spec fiica ons, and proposed contract documents/}may be xamined at the Office of the City Clerk/. Copies f said plans and specifications od form of p oposal blanks may be secured at he Office of arles J. Schmadeke, P F. ,, City Engineer f Iowa City, Iowa, by bon��I fide bidders. Re urn all plans and specifidations to the City gineer's office in good cofidition within fifteen (15) days after the openi,l a of bids. The/City reserves the right to r' ject any or all proposals and to waive technical ties and irregularities. /Published upon order of the City Co cil of lo,a City, Iowa. Abbie Stolfus City Clerk of Iowa City, Iowa AF -2 MICROFILMED BY JORM MICRLA13 ii CEDAR RAPIDS • DES MOINES x /D7/ i i I I ThE� ccessful bidder will be requil to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible 'surety approveby the City Council and shall guarantee the py mpt payment of all materials and labor and p 6tect and save armless the City from claims nd damages of any kind caused by the ope tion of the contrac and shall also guaranty a the maintenance f the improvement fora period of two (2) ears from and after its completion and acceptance by the City. The followin limitation shall apply to this project: Working Days 0 Completion Dat Se t. 30 1980 Liquidated Daly es 0.00 per day The plans, spec fiica ons, and proposed contract documents/}may be xamined at the Office of the City Clerk/. Copies f said plans and specifications od form of p oposal blanks may be secured at he Office of arles J. Schmadeke, P F. ,, City Engineer f Iowa City, Iowa, by bon��I fide bidders. Re urn all plans and specifidations to the City gineer's office in good cofidition within fifteen (15) days after the openi,l a of bids. The/City reserves the right to r' ject any or all proposals and to waive technical ties and irregularities. /Published upon order of the City Co cil of lo,a City, Iowa. Abbie Stolfus City Clerk of Iowa City, Iowa AF -2 MICROFILMED BY JORM MICRLA13 ii CEDAR RAPIDS • DES MOINES x /D7/ i i , 0 I ':17 RESOLUTION NO. 80-199 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT WITH THE STATE CONSERVATION COMMISSION FOR THE DEVELOPMENT AND MAINTENANCE OF A MARINE FUEL TAX PROJECT. WHEREAS, the Iowa City Riverfront Commission and the City Council of Iowa City have determined that there is a need for a boat ramp on the Iowa City river at Sturgis Ferry Park, and WHEREAS, application was made for a grant of 50% of the project cost using Marine Fuel Tax funds from the State Conservation Commission, and WHEREAS, the requested 50% grant has been approved by the State Conservation Commission for an amount not to exceed $20,050; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest a cooperative agreement with the State Conservation Commission for the development and maintenance of a Marine Fuel Tax Fund Project. It was moved by Perret and seconded byyevera 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 3rd day of .lune 1980. 1AYOR ATTEST: C CLERK Received & Approved B Th legal Department �D MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS * DES MOINES AGREEMENTS/CONTRACTS Attached are r uneunexecutedcopies (/of /'q //zI Cri _� 7�i,o o,✓ %'t,r-<� Fes'/ii as signed by the Mayor. After `,'their ; execution by the second party, please route 1)c -CL (0)rIc 2L% C17,'1ur 2) 4) 5)�� is to be responsible for completion of this procedure. kfter-receipt-of-originally-siRned- document—from you, a xerox copy will be returned -to -your -office,. Abble Stolfus, CMC City Clerk MICROFILMED OY JORM MICR�LAB CEDAR 111111 • DES MOINES 'STATE CONSERVA'1101C CO:-C•i1SS101� 300-4th St7•rCt Des I-0oines, Iowa .' SI•IFTF PROJECT N0. 86 COOPERATIVE AGREEPIENT FOR DEVEL1111ENT AND 1•;AIb"IENANCE OF A MARINE FUEL TAX FUND PROJECT THIS AGREDIENT entered into by the State Conservation Ctmxnission, hereinafter known as the Party of the First Part, and the City of 1QW4_City of Johnson County, State of Iowa, hereinafter known as the Party of the Second Part. W111iESSETH: WHEREAS, the Party of the First Part has a program to assist the Party of the Second Part in a certain project herein described as follows: The City of Iowa City will develop a boating facility at Sturgis Ferry Park located in the southern par[ of the city between Highway 218 South and the Iowa River, east of the Iowa City Municipal Airport. Proposed development will include: 1. Single—Lane Boat Ramp; 2. Graveling of paring area and access road; and 3. Riprap around ramp if, and/or Pc ssa Toa es imated cost: $ 40,100 NOW THEREFORE, be it mutually agreed by the Parties hereto as follows: The Party of the First Part agrees to reimburse the Party of the Second Part a sum equal to X50 percent of the actual cost of the project after completion and upon proof that costs have been liquidated by the Party of the Second Part. In no case shall the cost to the Party of the First Part exceed $ ?o oin It is further agreed by the Parties hereto: (a) That the project described herein shall be completed by _pprrmbpry ,_1g8D_ . (b) That the Party of the Second Part shall be responsible for maintenance and all expenses related thereto after completion of the project. (c) That the facility herein described be open to the public for lawful purposes or conditions mutually agreed upon. (d) That any addition to this agreement is herein written as follows and that there are no verbal additions hereto: It is further agreed and understood that the City of Iowa City must obtain all necessary additional permits from the U.S. Corps of Engineers, Natural Resources Council, and the State Conservation Commission. This agreement entered into under the authority of action taken at an official meeting of the Iowa City Count! ° County, Iowa, on the 3rd day of June - minutes thereof, and by approval of the State Conse PARTICI/PATTIING� AGENCY By Title Mayor Retesved A APpfVV@0 "a a legal Department t �utJ t5 r �d 1 �> .._ ,i, . MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES By Dat /D 7d- MICROFILMED a 1 RESOLUTION NO. 80-2 00 n t RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE STURGIS FERRY BOAT RAMP WHEREAS, SULZBERGER EXCAVATING, INC. has submitted the beet bid for the construction of the above-named project. 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. That the contract for the construction of the above-named project is hereby awarded to Sulzberger Excavating, Inc. of Muscatine, Iowa, in the amount o , subject to the condition that awardee s9cure adequate performance bond and insurance certificates., and the City receive a construction permit from the Corps of Engineers. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that 9 yrdee Secure ads uata �erformppc rom t' and orns o e pertificates, and the Cit receive a consMcti n permit p T engineers. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch X Neuhauser X Perret X Roberts x Vevera Passed and approved this 3rd day of June MAYOR C �� ATTEST: CITY CLERK , MICROFILMED BY JORM MIC RLAB CEDAR RAPIDS •DES MOINES , 19 80 RECEIVED & APPROVED By SJIE LEGAL DEPARMNT /0 73 0 r • ,1 CONTRACT THIS AGREEMENT, made and entered into this 16thday of June 1980 , by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and Sulzberger excavatine party of the second part, hereinafter referred to as the "Contractor". That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the � day of 6LL , 191, for the Sturgis Ferry Boat Ramp under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT 15 AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 �O 7.3 MICROFILM BY JORM MICR�LAB CEBAR RAPIDS • BES MOINES e. SI�;al Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. E Contractor Sulzberger Cxcavating(sw) . .mow• S al BJH 2S.6berger Title Mayor Ti e ATTEST: ATTEST: (Title) City Clerk(Title)(Company icla CF -2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 8 PERFORMANCE AND PAYMENT BONu KNOW ALL MEN BY THESE PRESENTS THAT sulzberger excavating, Inc. Fifth Avenue Muscatine, Iowa (Here insert the name and address or legal title of the Contractor) a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Co., Des Moines, Iowa as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Th_- rt_n�rha & 70/100 six hundred eighty-five Dollars ($31,685.70 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated June 16th 19 80, entered into a Contract with Owner for... THE.STURGIS FERRY BOAT RAMP In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever COnLracLur shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's i� obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB -1 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES X07.3 _1. Comply the Contract in accordance wi'its terms and conditions, or 2. Obtain 'a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 304 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five 5 years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PO -2 MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES /07j 0 IT IS A FURTHE: )NDITION OF THIS ODLInATION the the principal and Surety shall, in accorddnce with provisioris of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code Of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 12 DAY OF June A.D., 19so IN THE PRESENCE OF: Sulzberger Excavating, Inc. rinCipa fitness e — t Merchants Mutual Bonding Co, Surety —L t�nn _� q pQ l trrM� Witness "'�- Title Attorney -in -Fact PR -3 MICROFILMED BY JORM MICR�LAB j CEDAR RAPIDS 9 OES MOINES i i i 1 0 IT IS A FURTHE: )NDITION OF THIS ODLInATION the the principal and Surety shall, in accorddnce with provisioris of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code Of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 12 DAY OF June A.D., 19so IN THE PRESENCE OF: Sulzberger Excavating, Inc. rinCipa fitness e — t Merchants Mutual Bonding Co, Surety —L t�nn _� q pQ l trrM� Witness "'�- Title Attorney -in -Fact PR -3 MICROFILMED BY JORM MICR�LAB j CEDAR RAPIDS 9 OES MOINES MERCHAI\ .5 MUTUAL BONDIN COMPANY DES MOINES, IOWA 'POWER OF ATTORNEY Know AN Men By TTcsc Presents, Ilia n the smsicII wts sunt t' II 111 rvomr QnIPAN1, a corporation duty organized under the laws of the Sum of Iowa, and luving its principal office in the City of Os Msincs, County of folk, Stale of Iowa, hath made, constituted and appointed, and dues by these presents make. cUnstitutc and oppont Robert Miller or Richard Maeglin or Michael Harrison Of Muscatine and State of Iowa its true and lawful Anomcy-imracl, with full power and authority hereby cunleneJ in its nam<, place and stead, to sign, execute, kroes and deliver in its behalf at surely: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of THREE HUNDRED THOUSAND($300,000.00) DOLLARS, tial to bind the MERCHANTS MUTUAL BONDING CONWANY thereby as hilly and to the same extent as if such bond or undertaking was signed by the July authorized officers or the MERCHANTS AIUTUAL BONDING COMPANY, and all the aeU of ssiJ Attomey, pursuant to the authority herein given, arc hereby ratified and confirmed. Ttsis Power-of•Attomey is made and executed pursuant to and by authority of the following Rylew adopted by the Baud of Direcwn of the MERCHANTS AIUTUAL BONDING COMPANY. • _ ARTICLE 2, SECTION SA. 'The Cluriman of the Board or President or any Vice President or Secretary shall have power arab authority to appoint AUuneys•in•Fact, and to authorize them to execute nn behalf of the Company, and attach the Seal of the Company thereto. bonds and undertakings, recognirrnces, contracts of indemnity and other writings ob9plory in the nature thereof." w W'imess Whereof, NIrKCIIANI'S AIUTUAL BONDING COMPANY has caused these presents to be signed by its President and VKc Ihesident, and its corporate seal In be berets affixed. this g t h day of Ap r i 1 80 MIiRCIIANTS MUTUALrBONOING COMPANY Aural: By SSI'A'TE Or IOWA COUN-IY 01: POLK A ri 1 P) 80 Warner mcappcarcd W.W. Waer On this 9th Jay of P and William Warner. In me prson.dly known, who being by me July sworn did • e,c they are eforegoi and Vice cni. unnl that [ti • dvely of the MERCHANTS AIUTUAL BONDING COMPANY, the cur(rnrniun JeveriheJ in the foregoing invmmenl, and thou the Seat al(ucd to the said instrnnent is the Curpolalc Scat of the said Corporation and tan the said instrunsent was signet and sealed in behalf of said Corpsraliun by authority of its hoard of Directors. In Testimony W hacnf, I have haeunhr set my Iamb :mJ ulfixed by Official Scal, rat the City of Do % Mimes. Iowa the day and year Onlabs»'e written. •'"5 T r.nue. rvn ee.,is. 9 �3 0 - B 1 `, •�1`�'�"I"A�� Nd+r,/•y STATE.GF IOWA QwA coUMY OFIU IKpTIRI, William Warner, Vice Resident of the idERCIIANTS AILITUAL BONDING COAIPANVVIII�Yi2 Iba1 the above and foregoing is a the and correct copy of the POWIiR OF ATI'OIIp11�J'(UA,y�, AIG(CIIAN'B BONUIN(i L'UAII'ANY, which is still in Inrn and effect. In Witnos Whercof, I have hereunto set my land and affixed the sealof the Company, at _ ^,193: uois Jay of 19, 'c�rz%;gLl Until Revoked "•r.,,, ;',' MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /073 0 FORM Of PROPOSAL STURGIS FERRY BOAT RA14P CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Sulzberger Excavating, Inc, Address of Bidder Fifth Avenue Muscatine, Iowa 52761 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $3,400.00 in accordance with the terms set forth in the "Standard Speeificatoins", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda , and and do all work ai the prices hereinafter set out. The Department of Fish and Wildlife is testing the construction site for an endangered species. This must be clone before the Corps of Engineers can possibly issue a construction permit to the City. The Contractor does hereby acknowledge that the Contract will not be awarded until the construction permit is submitted to the City of Iowa City. We further propose to do all "Extra Work" which may be required to complete work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". P -I MICROFILMED BY JORM MICR+LAD CEDAR RAPIDS - DES MOIIIES I r ITEM DESCRIPTION i ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1. Excavation & Disposal t i 2334 $ 3.50 $8,169.o 0 2. Fill, Salvaged i 345 $ 2.25 $ 776.25 3. Fill, Additional Cu. Yd. 345 $ 3,85 $1,328.2 ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1. Excavation & Disposal Cu. Yd. 2334 $ 3.50 $8,169.o 0 2. Fill, Salvaged Cu. Yd. 345 $ 2.25 $ 776.25 3. Fill, Additional Cu. Yd. 345 $ 3,85 $1,328.2 4. Topsoil Cu. Yd. 265 $ $1,656.25 5. Granular Subbase Cu. Yd. 35 $ 14.20 $ 497.00 G. NCC Pavement Sy. Yd. 200 $ 24.75 $AL9j0.00 7. PCC Accessory Cu. Yd. 5 $ 148.50 $ 742.50 8. Granular Surface Cu. Yd. 531 $ 12.75 $ 6.770.25 9. Precast Concrete Units Each 14 $-!4 2.Q $ 1,995.00 10. Riprap Cu. Yd. 65 $ 16.3o ,059.50 $1,059-5 11. Filter Blanket Cu. Yd. 22 $ 14.70 $__2J2.40 12• Sand Cu. Yd. 3 $ 6.10 $ 18.30 13. Lrosion Control, Seeding Acre 0.25 2,400.00 $ 600.00 14. Erosion Control, Lawn Mat Acre 0.25 8,000.00 $ 2,000.00 15. Parking Bumper Units Each 20 $ 40.00 $ 800.00 TOTAL EXIL'NDEO AMOUNT P -IA MICROFILMED BY I JORM MICR+LA6 CEDAR RAPIDS • DES MOINES $31,685.70 Xe" The undersigned bidder faith, without collusion certifies that this proposal is made in good or bidding on the work. connection with any other person or persons The undersigned bidder with the Contract I1orwnents states that this proposal is made in conformity or differences between any conditions and agrees that, in the event of his of any discrepancies prepared by the City of Iowa City, the proposal and provisions of the the Contract Documents latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS 'day 28, 1980 FIRM: Sulzberger Excavating, Inc. By: er Y u z erg President Tit e Fifth Avenue Muscatine Iowa 2 61 Business Address 0 MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES J R ADVERTISEMENT FOR BIDS FOR THE STURGIS FERRY BOAT RAMP Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 11:00 a.m. on the 28 th day of May _179 -BD and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p.m. on June 3, 1980 or at such later time and place as may then be fixed. The work will involve the following: the construction of a concrete boat ramp alongwith a gravel parking lot, a gravel roadway, and other incidental work re- quired to complete the project. All work is to be done in strict compliance with the plans and specifications prepared by Charles t hmadeke. P.E.. City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1917, Iowa Department of Transportation, lines, Iowa. Each proposal shall he made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank or a bank charted under the laws of the United States and filed in a sealed envelope separate from the one containing the proposal, and in the amount of $ 3400,90_ made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES I The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt Payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two 2 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days 50 Completion Date Sept, 86--1989 Liquidated Damages 51— O— O.O� --___ per day The plans, specifications, and proposed contract documents may be examined at the Office Of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Charles J. Schmadeke, P.E.City Engineer of Iowa City, Iowa, y bona fide bidders. Return all and specifications to the Cit Plans in good condition within fifteen n(15)edaysoffice after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. Abbie Stolfus City Clerk of Iowa City, Iowa r A o MICROFILMED BY JORM MIC R+LA13 CEDAR RAPIDS • DES MOINES I f I 4 s /D73 RESOLUTION NO. 80-201 jlCcc r RESOLUTION DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE WASHINGTON STREET BRIDGE DECK REPLACEMENT. WHEREAS, notice of public hearing on the plans, specifications,form of contract, and estimate of cost for the construction of the above-named project i was published as required by law, and the hearing thereon held, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are on file with the City Clerk, and WHEREAS, the amount of bid security to accompany each bid for the con- struction of the above-named project had earlier been set in the amount of $13,000 payable to Treasurer, City of Iowa City, Iowa. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less then four (4) nor more than twenty (20) days before the date established for the receipt of bids. 2. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 25th day of June, 1980. Thereafter, the bids will be openedyb�e City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 1st day of July, 1980. MICROFIL7BYJORM AACEDAR RAPIDS RECEIVED & APPROVED 211 GAL DEPART., Paye 2 Resolution No. 80-201 It was moved by Vevera and seconded by R that the Resolution as rea ed�adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Newhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of June , 1980. YOR ATTEST: a/ I A�Z', CITY CLERK MICROFILMED BY 0 JORM MICR+LAB CEDAR RAPIDS DES MOINES D i 1. Paye 2 Resolution No. 80-201 It was moved by Vevera and seconded by R that the Resolution as rea ed�adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Newhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of June , 1980. YOR ATTEST: a/ I A�Z', CITY CLERK MICROFILMED BY 0 JORM MICR+LAB CEDAR RAPIDS DES MOINES D i RESOLUTION NO. 80-202 A RESOLUTION ADOPTING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSTALLATION AND SERVICE CHARGES FOR ROUTINE WATER SERVICE PROCEDURES. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and 1 f RESOLUTION NO. 80-202 A RESOLUTION ADOPTING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSTALLATION AND SERVICE CHARGES FOR ROUTINE WATER SERVICE PROCEDURES. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA, as follows: 1. The following tap fees are hereby established: Size Tap Corps Curbs Boxes Total 3/4" $11 $9 $16.20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $19.25 $73.45 14" $17 $25.20 $46 $27.50 $115.70 1's" $19.95 $37.85 $59.95 $27.50 $145.25 2" $22.95 $59.95 $88.00 $27.50 $198.40 1;", 1's" and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $9.45 per linear foot 8" $12.25 per linear foot 10" $15.55 per linear foot 12" $19.35 per linear foot 16" $25.60 per linear foot MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES /07,5 1 0 2 n 3. The following service fees for the Iowa City water system are hereby established: Service a) Install water meter; deposit collected at time meters installed b) Check leaky meters and leaky connections to water meter c) Frozen meters d) Shut off water service at curb, check out leaks After Normal During Normal Working Hours Working Hours $15 ($25 deposit) $8 ($25 deposit) No charge $20 + cost to repair meter $20 + hourly rate for time over 2 hours e) Turn on water after water $20 has been shut off for non- payment of bill f) Repair broken fire hydrants $20 g) Miscellaneous services for $20 + hourly other government agencies rate for time over 2 hours h) Location of water mains No charge No charge $8 + cost to repair meter No charge M $8 No charge No charge for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours Be it further resolved that this resolution shall be in full force and effect on the date of 3rd of .lune 1980, and that all resolutions in conflict are hereby repealed. MICROFILMED 8Y JORM MIC R�LAB y CEDAR RAPIDS . DES MOINES M 9 i I I I 0 2 n 3. The following service fees for the Iowa City water system are hereby established: Service a) Install water meter; deposit collected at time meters installed b) Check leaky meters and leaky connections to water meter c) Frozen meters d) Shut off water service at curb, check out leaks After Normal During Normal Working Hours Working Hours $15 ($25 deposit) $8 ($25 deposit) No charge $20 + cost to repair meter $20 + hourly rate for time over 2 hours e) Turn on water after water $20 has been shut off for non- payment of bill f) Repair broken fire hydrants $20 g) Miscellaneous services for $20 + hourly other government agencies rate for time over 2 hours h) Location of water mains No charge No charge $8 + cost to repair meter No charge M $8 No charge No charge for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours Be it further resolved that this resolution shall be in full force and effect on the date of 3rd of .lune 1980, and that all resolutions in conflict are hereby repealed. MICROFILMED 8Y JORM MIC R�LAB y CEDAR RAPIDS . DES MOINES M 9 1-1\ I/_,11. 3 It was moved byyevera 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 3rd day of June , 1980. A OR ATTEST: (211(" - CITY CITY CLERK MICROFILMED Br JORM MICR�LAO CEDAR RAPIDS . DES MOINES Iiecvivcd .. ; . •'� ;•u Uy Tile Losal 0,,parimeat 8 City of Iowa! Ck, MEMORANDUM Date: May 20, 1980 To: Neal Berlin and City ou dil From: Dick Plastino Re: New Schedule r,47rvice for Water Main Tap; Water Main Installation; nli Charges for Routine Water Service Procedures The Water Division has asked that several fee structures be adjusted. These are as follows: 1. Water main tap - last adjusted April 1979. The price adjustment in the resolution represents an increase of 10.6 percent in labor and materials cost. The old price and new,price are listed below. Size Old Price New Price 3/4 inch $ 50.10 $ 55.45 1 inch $ 66.20 $ 73.45 14 inch $104.45 $115.70 A inch $131.10 $145.25 2 inch $179.30 $198.40 2. Prices for installation of a water main were last adjusted January 1979. The price increase represents increases of approximately 11.2 percent. The total cost element is composed of pipe, fittings and valves, and labor. The increase is higher than taps because material comprise a larger portion of the cost. Tabulation is shown below. Size Old Price New Price 6 inch $ 8.50 $ 9.45 8 inch $11.00 $12.25 10 inch $14.00 $15.55 12 inch $17.40 $19.35 16 inch $23.10 $25.60 The charges for service procedures were last adjusted in October of 1976. The prices listed approximate the cost of labor and materials. The after hours fees are relatively high due to the labor provision of paying a minimum of two hours call -out time when a call -out is made after hours. Tabulation of old and new prices is listed below. New prices are shown in parenthesis. MICROr ILMED BY JORM MICR+LAB CEDAR RAPI05 - DES MOINES I U G Service After Normal Working Hours Install water meter $15.00 ($25.00) Check leaky meters and leaky connections to water meter No charge Frozen meters $15.00 ($20.00) Shut off water service at curb, check out leaks $15.00 ($20.00) Turn on water after water has been shut off for non- payment of bill $15.00 ($20.00) Repair broken fire hydrant $15.00 ($20.00) Miscellaneous services for other government agencies $15.00 ($20.00) Location of water mains for other utilities No charge Location of water mains for private enterprise $15.00 ($20.00) Meter accuracy check at customer request Not done after hours bdwI/15-16 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES During Normal Working Hours $ 5.00 ($8.00) No charge $ 5.00 ($8.00) No charge $ 5.00 ($8.00) $ 5.00 ($8.00) No charge No charge No charge $15.00 ($20.00) i RESOLUTION NO. 80-203 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION WHEREBY A PORTION OF HIGHWAY 218 WOULD BE TRANSFERRED FROM STATE TO CITY JURISTICTION UPON THE CONSTRUCTION OF THE PROPOSED ARTERIAL HIGHWAY 518. WHEREAS, the Iowa Department of Transportation proposes to construct arterial Highway 518 at a location more particularly described in Exhibit A of the memorandum of understanding, by this reference made a part hereof, and WHEREAS, Section 306.8 of the Code of Iowa provides that jurisdiction and . control of roads may be transferred between jurisdictions of government, NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the Mayor be directed to sign and the City Clerk to attest a memorandum of understanding between the City and the Iowa Department of Transportation whereby a portion of Highway 218 would be transferred from State to City jurisdiction upon the construction of the proposed arterial Highway 518. It was moved by Vevera 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 3rd day of June , 1980. �Z 1 YOR AL ATTEST:�L��k CITY CLERK Q MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS DES MOINES Received R i�pproved BY G - t! /076 h .1 wi � oYi9ln a / sl na 4 'res 9 17 P � h Leh re4Vn e 4 las MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Memorandum of Understanding Iowa Department of Transportation Primary Road Extension Service Municipality: Iowa City — County: Johnson This Memorandum of Understanding between the Iowa Department of Transportation, hereinafter designated the "STATE", and the City of Iowa City, Iowa, hereinafter designated the "CITY", is for the purpose of expressing the intent of the STATE and CITY to recognize long term transportation system objectives. WHEREAS, Section 306.5 of the Code of Iowa, 1977, provides for system continuity in municipalities as follows: The Primary Road System shall be a continuous interconnected system and provision shall be made for the continuity of such system by the designation of its extension within municipalities. The mileage of such extension of the Primary Road System shall be included in the total mileage of the Primary Road System and.shall be listed separately as an extension of such road system. The STATE may reallocate mileage within the Primary Road urisdiction, and the governing body of the System, which is under its j CITY may atter tho rlessification of r^,. '.:^i^" '•tc jurisdiction with the approval of the county functional classification board, and WHEREAS, Section 306.8 Code of Iowa, 1977, provides for as follows: When a change of jurisdiction occurs as a result of the classification or reclassification of a road or street, the unit of government having juris- diction shall, prior to such change of jurisdiction, either place the road or street and any structures on the road in good repair or provide for the transfer of money to the appropriate jurisdiction sufficient for the repairs to the road or street and any structures on the road. Transfers of the jurisdiction and control of roads and streets may take place if agreements are entered into between the jurisdictions of government involved in the transfer of such roads and streets, and WHEREAS, Section 313.21, Code of Iowa, 1977, provides the STATE authority to locate, construct, reconstruct, improve and maintain extensions of the primary road system within any city, and provides authority to the CITY to consider proposed improvements in relationship to municipal improvements, and NOW THEREFORE, in consideration of the above, it is hereby understood that: 1. Transitional steps to achieve long-term transportation'system objectives and to establish STATE and CITY responsibilities related to each step shall Occur in the following manner: U.S,- Highway 218: Responsibility for U.S. 218 from the Iowa City south corporation undary to the intersection of U.S. Highway 6 and Iowa Highway 1 will be transferred to city jurisdiction contingent upon: (1) construction of proposed 1 of MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /076 11 Arterial Highway 518 and (2) functionally reclassifying the portion of U.S. 218 described above such that it can be removed from the State Primary Road System. Responsibility for U.S. 218 between Interstate Highway 80 and the Coralville north corporation boundary will be transferred to city jurisdiction when this portion of U.S. 218 is functionally reclassi- fied such that it can be removed from the State Primary Road System. Proposed Arterial Highwa 518: This proposed highway, currently designated as part of the State's future Arterial Highway System, will become a part of the State Primary Road System when it is constructed. 2. All other existing state primary road extensions in the Iowa City- Coralville urban area will remain the responsibility of the State. These extensions are:. Interstate Highways 80 and 380 U.S. Highways 6 and 218 Iowa Highway 1 3. The CITY, through the development of separate agreements with the STATE, will implement the portion of this Memorandum of Understanding for routes under its jurisdiction. 4. A review and update of this Memorandum of Understanding shall be made biennially. 5. The long-term transportation system objectives listed in items 1 and 2 are shown on a map attached hereto and identified as Exhibit "A" IN WITNESS WHEREOF, the parties have hereto caused this Memorandum of Understanding to be executed by their proper officers and representatives. CITY OF Iowa City IOWA DEPARTMENT OF TRANSPORTATION �Y� By I. Macui1 ivray Director Planning & Research Division DatedJune 3, 1980 Dated f /T Lee 2 of 2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 1e76 h EXHIBIT ,. IOWA CITY CORALVILLE LEGEND � EXISTING PRIMARY ROADS ,• �•�„ PROPOSED PRIMARY ROADS /07,� '.I CNOE I[.,.IED By JORM MIC ROL A6 CION, MPIUS • DES ;JopgS 1 1� 1 1 •tit• 1''• in V �•��.\T—;ver DrVarhnrm at ; IWIMr THOMAS J. MILLER A,...CY RODERT W. GOODWIN 9P[CIAL ALi161.NT A�IDNFCY L[M1[PAL June 2, 1980 ADOBESS REPLY TO DL'PARTMENT OF JUSTICE i C,O GENERAL COUNSEL DIVISION DEPARTMENT OF TRANSPORTATION AMES.IOWA 90010 PHONE: 15151296-1521 i•tr. John ilayek 110 East Washington Street Iowa City, IA 52240 RE: City of Iowa City V. Iowa DOT Dear John: '1�t1111 i[1 11; 111111f11'u1 11.1'111111 111• 11 11111 t•I 111 1111, {1111,111111'. CII: r;9n, 000 Li011t the Ci Ly U.I' lOwu l:.i.I:y .1.11 Ln:1 .In 111uuR.. lrlltl 1111: pl ll_1111n111111 111 Settlement of the above -referenced case. Thank you for your cooperation in this matter. Very truly yours, 664 Robert 1-1. Goodwin Special Assistant Attorney General RWG:jsb MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS DES MOINES COPY rORWARDED TO ADVI+ is OF PROGRESS OF TIIIG AW M I r i Iowa City, Iowa, June 3, 1980. The City Council of Iowa City, Iowa, met on the above date at 7:30 o'clock P.M., in open regular session, in the Council Chambers, Civic Center, in Iowa City, Iowa, pursuant to law and the rules of said Council. 0 The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Balmer. Erdahj- Lynch PprrPt� Hgberts, VevPr- Absent: Neuhaus 1 -1- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES M /e7P Matters were discussed relative to final authorization and issuance of $1,500,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (E.B. & A.C. Whiting Company Project) Series 1980. Following a report on the proposed Project by representatives of said Company and a discussion of the Bond issue, Council Member Roberts introduced the following Resolution in written form and moved its adoption. Council Member Vevera seconded the motion to adopt. After due consideration of said motion, the roll was -- I called and the Resolution was adopted by the following vote: i AYES: Balmer, Erdahl, Lynch. Perret Roberts. Vevera NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- /D 7, l MICROFILMED BY JORM MICROLA9 CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-204 RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS (E.B. & A.C. WHITING COMPANY PROJECT) SERIES 1980, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO E.B. & A.C. WHITING COMPANY, A VERMONT CORPORATION DULY QUALIFIED AND AUTHORIZED TO DO BUSINESS IN THE STATE OF IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING AN INDUSTRIAL DEVELOPMENT PROJECT LOCATED WITHIN CIA NEAR THE CITY OF IOWA CITY, IOWA, CONSISTING OF THE ACQUISITION OF LAND AND THE CONSTRUCTING, IMPROVING AND EQUIPPING THEREON OF A FACILITY SUITABLE FOR USE IN THE MANUFACTURING AND PROCESSING OF THERMOPLASTIC MONOFILAMENTS; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND E.B. & A.C. WHITING COMPANY; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND . RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa (the "City") proposes Whiting to issue its Industrial Development Revenue Bonds (E.B. & A.C. cipal Company Project) Series 1980, in the aggregate prin- amount of $1,500,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the Ci Whiting Company, ty to E.B. & A.C. a Vermont corporation duly qualified and authorized to do business in the State of Iowa (the "Company"), for the purpose of defraying the cost of the acquisition, construction, improving and equipping of an industrial develop- ment project located within or near the City of Iowa City, Iowa consisting of the acquisition of land and constructing, improving and equipping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofila- ments (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of June 19, 1980, between the City and the Company; and -3- W7 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES WHEREAS, the rights and interest of the City in and to the Loan Agreement will be assigned by the City to the Trustee pur- suant to the Indenture; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by Section 419.9 of the Act, and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arranged for the sale of the Bonds to Morgan Guaranty Trust Company of New York (the "Original Purchaser"); and WHEREAS, there has been presented to this meeting the following documents, which the City proposes to enter into: 1. The form of Loan Agreement, between the City and Company; and 2. The form of Indenture of Trust dated as of June 19, 1980 (the "Indenture"), between the City and The Howard Bank, Burlington, Vermont, as Trustee thereunder (the "Trustee") setting forth the terms of the Bonds and the conditions and security for payment of the Bonds; and I 3. The form of Bond Purchase Agreement dated June 3, 1980 I (the "Bond Purchase Agreement"), between the Original Purchaser, the Company and the City relating to the issuance, sale and purchase of the Bonds; and i 4. The form of an Inducement and Indemnity Letter dated June 3, 1980 (the "Inducement Letter") from the Company to the City and the Original Purchaser; and 7. The form of the Bonds, as set forth in the Indenture. i WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Council Members of the City Council, is in appropriate form and is an appro- priate instrument for the purposes intended; I NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the City defray the cost of acquiring, constructing, improving and equipping an industrial development project located within or near the City of Iowa City, Iowa, consisting of the acquisition of land and constructing, improving and equipping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofilaments (the "Project") by issuing the Bonds and loaning the proceeds of the sale of the Bonds to Company. -4 - MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ia7P Section 2. That in order to defray the cost of the Project, the Iss500,�000e maturOf in�nds in the aggregate principal amount of and bearing rates of interringest on such dates, in such amounts substantially the form to set forth in the Indenture, in now before this meetin and content set forth in the revision in order meeting, subject to Indenture to P y with appropriate insertion and be and the same hereby are in a1lProvisionsespects of the Indenture, and confirmed, and the form and content of thehorized in the In now ' t fort ed are in before this meetin be Bonds set forth all respects authorized g and the same hereby Mayor and the City Clerk authorized, and approved and confirmed, and the empowered and directed to execute y hereby are authorized, simile signatures, impress the Officialwhethsealer yofathelCit cause to have Eac- for and on behalfnofd a facsimile thereof) thereon deliver authentication the City the Bonds to the and deliver directed to and the Trustee is herebyTrustee for authenticate the Bonds authorized and Indenture with respect to.the ' and the tion the maturity Bonds (includinProvisions of the Provisions) y dates, rates of interest d without limita- be and the same hereby and redemption confirmed and are incorporatedr are authorized herein by reference. aPproved and Section 3. That the City loan to Company the the sale of the Bonds pursuant to the Loan Provides for re Proceeds from Bonds ual to ch pal Ofandpremium mpany of such loaneinean�amount princi al when and as due ' if any, and interest on the Agreement, the and the form and content of the Loan reference Provisions of which are incorporated herein by rized ' be and the same hereby are in all respects autho- be and theyoand confirmed and the Mayor and the Cit execute, attest hereby are authorized, empowered and directed Clerk or simultaneous) seal and deliver the Loan to behalf of y with the issuance of the Agreement prior to substantially City, including necessary Bonds for and on with such chances he form and content now beforeethiscm in therein g , modifications meeting but as shall to them seem additions or deletions priate, their execution thereof to desirable or a dence of their a to any and constitute conclusivepevi- additions or deletions from all changes, g modifications, the acutioncandwbeforedeliver this meeting, orm and content of the the Cit y of the Loan 'A re that from and after do all y Clerk are hereby authorized empowered a the Mayor and as may such acts and things and to execute and directed to y be necessary to carry out and ec all such documents Of the Loan Agreement as executed. ply with the provisions -5- le 7, MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section 4. That The Howard Bank, of the City of Burlington, Vermont, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisions of which are incorporated herein by reference, and the assignment of the City's rights and interest in and to the Loan Agreement (with certain exceptions as stated in the Indenture) be and the same hereby are in all respects autho- rized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Indenture for and on behalf of the City to the Trustee for the security of the Bonds and the interest thereon, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture now before this meeting, and that from and after the execution and delivery of the Indenture, the Mayor and the City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture as executed. Section 5. That the sale of the Bonds to the Original Purchaser at the purchase price of 1003 of the par value thereof subject to the terms and conditions set forth in the Bond Purchase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor be, and he hereby is authorized, empowered and directed to execute and deliver to Original Purchaser the Bond Purchase Agreement -for and on behalf of the City, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement as executed. Section 6. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and con- firmed and the Mayor he, and he hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby /O 7,F MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Inducement Letter as executed. Section 7. That the Mayor and the City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing sta- tements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture, the Loan Agreement and the Mortgage and the execution of all closing documents as may be required by Messrs. Ahlers, Cooney, Dorweiler, Haynie & Smith, as Bond Counsel, and the acceptance of any documentation evi- dencing indemnification of the City by Company in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 8. That the City herebyfelects to have the provi- sions as to the exempt small issue limitation of $10,000,000 under Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, apply to the Bonds, and the Mayor or the Clerk is hereby directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Service. Section 9. That the Loan Agreement requires Company in each year to pay amounts as Loan Payments sufficient to pay the principal of and premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to the Trustee pursuant to the Loan Agreement is hereby autho- rized, approved and confirmed. Section 10. That the Bonds are limited obligations of the City, payable solely out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and• as provided in the Indenture, and are secured pursuant to and in accordance with provisions of the Indenture. The Bonds and interest thereon shall never consti- tute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not give rise to a pecuniary .liability of the City or a charge against its general credit or taxing powers. Section 11. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision -7- /0 71 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES shall for any reason be declared to be invalid, such declara— tion shall not affect the validity of the remainder of the sec— tions, phrases or provisions. Section 12. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 3rd day of June, 1980. 12y of Iowa City, Iowa hn Balmer, Z ayor AtM�L AAb ie Stolfus, City/Clerk /0 U MICROFILMED BY JORM MICR+LAB t j� CEDAR RAPIDS • DES MOINES CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on June 3, 1980, for the purpose of considering a Resolution authorizing the issuance of $1,500,000 aggregate principal amount of Industrial Development Revenue Bonds (E.B. & A.C. Whiting Company Project) Series 1980, of the City of Iowa City, Iowa, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Loan Agreement between the City and E.B. & A.C. Whiting Company, the Assignment by the City of the rights and interest of the City in and to said Loan Agreement, the sale of said Bonds, appointment of a Trustee and related matters; that said proceedings.remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. I Witness my hand and the Corporate Seal of said City hereto affixed this _41�-11— day of June, 1980. (SEAL) A biome Stolfus, citY Clerk State of Iowa ) SS.. County of Johnson ) Subscribed and sworn to before me this day, the date last above written. Notary Public in and for the (SEAL) State of Iowa -9- /oy,f FIICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 3, 1980 Time of Meeting: 7:30 P.M. Place of fleeting: Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution authorizing the issuance of $1,500,000 in aggregate principal amount of the City of Iowa City, Iowa, Industrial Development Revenue Bondsl(E.B. & A.C. Whiting Company Project) Series 1980, with the proceeds from the sale of the Bonds to be loaned to e. B. & A.C. Whiting Company, a Vermont corporation duly qualified and authorized to do business in the State of Iowa, for the purpose of defraying the cost of acquiring, constructing, improving and equipping an industrial development project located within or near the City of Iowa City, Iowa, consisting of the acquisition of land and the constructing, improving and equipping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofilaments; the execution and delivery of an Indenture of Trust to secure said Bonds; the execution and delivery of a Loan Agreement between the City and E.B. & A.C. Whiting Company; the assignment by the City to the trustee of the rights and interest of the City in and to said Loan Agree- ment; the sale of said Bonds; appointment of a Trustee; and related matters. 2. Such additional matters as are set forth on the addi- tional 5 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. it r. i� yG'• I rJ DEPUTY a Ian K arr, . Cle k of the City of Iowa City, Iowa '\ Posted:�O/�O 3:S�SP.H.isfn/ Removed: 6��/�Pp ,Q A•/h• �� -10- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES