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HomeMy WebLinkAbout1980-05-13 ResolutionRESOLUTION NO. 80-169 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Securities Building Corp. dba Long John Silver's, 1940 Lower Muscatine Rd. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Perret and seconded by that the Resolution ae re -a be adopted, and upon royf"All there were: AYES: NAYS: ABSENT: Balmer x Lynch - x Erdahl x _ Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of May 19 80. / /J \,/Mayor Attest: 1 ,c,C City Clerk 959 I' MICROFILMED DY JORM MICRjLAB CEDAR RAPIDS • DES MOINES j t 1I 11 1 RESOLUTION NO. 80-169 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Securities Building Corp. dba Long John Silver's, 1940 Lower Muscatine Rd. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Perret and seconded by that the Resolution ae re -a be adopted, and upon royf"All there were: AYES: NAYS: ABSENT: Balmer x Lynch - x Erdahl x _ Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of May 19 80. / /J \,/Mayor Attest: 1 ,c,C City Clerk 959 I' MICROFILMED DY JORM MICRjLAB CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-170 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APP1,ICATTON BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Securities Building Corp. dba Long John Silver's, 1940 Lower Muscatine Rd. 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 Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of May , 1980 1 ayor Attest: City Clerk MICROFILMED BY DORM MICR NEOS CEDAR RAPIDS. OES MOINES 959 J RESOLUTION NO. 80-171 i RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICATi(SA i BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application prove is hereby apor the following named person or persona at the following described location: I iJ-S.Mummey, Inc. dba Mumm's Saloon 6 Eatery, 21 W. Benton 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 retogether with the slicense ponsibility, surety bond, Zketchiofcthe premisesandall other information or documents required to the Iowa Beer I and Liquor Control Department. It was moved by Perret and seconded by Vevera that the Resolution ae res a adopted, and upon-F-oTT—c-aTT there were: AYES: NAYS: ABSENT: Balmer Lvnch g_ Erdahl x Neuhauser xI Perret _ x I Roberts X IVevera _ X Passed and approved this 13th da of J Y may � 19 eo ! M or L Attest: City Clerk MICROFILMED BY _ JORM MICR+LAB CEDAR RAPIDS • DES MOINES QO RESOLUTION NO. 80-172 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR THE E.B. AND A.C. WHITING COMPANY WHEREAS, the owner, E.B. and A.C. Whiting Company, has filed with the City Clerk of Iowa City, Iowa, and application for approval for a large scale non-residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Lot 4, B.D:I.'Second Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office, Plat Book , Page WHEREAS, said property is owned by the above-named party and dedications are required and have been submitted; and, WHEREAS ment and the Public tWorks pDepartment have nexamined ing and ptherproposed rogam olarge scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. foundWHEREAS, toconfllarge ormwithrnon-residential ofth eCity ordinandevelopment cesofsthe City of Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOIVA CITY, IOIVA: 1. That the said plan is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall con -form with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES M � I QO RESOLUTION NO. 80-172 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR THE E.B. AND A.C. WHITING COMPANY WHEREAS, the owner, E.B. and A.C. Whiting Company, has filed with the City Clerk of Iowa City, Iowa, and application for approval for a large scale non-residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Lot 4, B.D:I.'Second Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office, Plat Book , Page WHEREAS, said property is owned by the above-named party and dedications are required and have been submitted; and, WHEREAS ment and the Public tWorks pDepartment have nexamined ing and ptherproposed rogam olarge scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. foundWHEREAS, toconfllarge ormwithrnon-residential ofth eCity ordinandevelopment cesofsthe City of Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOIVA CITY, IOIVA: 1. That the said plan is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall con -form with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES M r-. Page 2 'lasso.j and appriuved this 13th day of May 1980. It was moved byM and seconded by Vevera that the Resolution as rea e a opted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x ATTEST: /,/lu�— CITY CLERK xoR MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES �tecarvt+! & A¢provc y Talo legal DaParlrnu S-- - J - S 96a I^ RESOLUTION NO. 80-173 RESOLUTION APPROVING AMENDED PRELIMINARY AND FINAL PLAT B.D.I. SECOND ADDITION WHEREAS, the owner and proprietor, Business Development, Incorporated, has filed with the City Clerk of Iowa City, Iowa, a plat and subdivision of Part of Lot 6, Auditor's Plat 32, an Add- ition to the City of Iowa City, Iowa covering the following des- cribed premises located in Iowa City, Johnson County, Iowa, to wit: Commencing as a point of reference at the center of Section 24, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, ,Johnson County, Iowa (for purposes of this description only, the North line of the Southwest quarter of said Section 24 is assumed to have a bearing of South 88° 40' 00" West); thence North 880 51' 09" East 491.38 feet along the South line of the Northeast quarter of said Section 24 to a point of intersection with the Southwesterly line of said Lot 6, Auditor's Plat 32; thence North 42° 12' 20" West 538.11 feet along said Southwesterly line of said Lot 6, Auditor's Plat 32 to a point of curvature; thence Northwesterly 481.75 feet along a 379.50 foot radius curve concave Easterly and subtended by a 450.05 foot chord bearing North 5° 50' 20" West to a point of tangency, said line being Southwesterly line of said Lot 6, Auditor's Plat 32; thence North 30° 31' 40" East 71.98 feet along said Southwesterly line of said Lot 6, Auditor's Plat 32, to a point; thence North 380 41' 40" East 21.44 feet along the Westerly line of Lot 6, Auditor's Plat 32, to a point; thence Northeasterly 170.95 feet along a 288.42 foot radius curve concave Westerly and subtended by a 168.46 foot chord bearing North 27° 00' 44" East, said line being along said Westerly line of Lot 6, to a point; thence North 0° 29' 22" West 341.52 feet along said Westerly line of Lot 6, to a point; thence South 62a 09' 30" East 545.00 feet to a point; thence South 37° 34' 15" East 376.81 feet to a point; thence Northeasterly 228.33 feet along a 200.00 foot radius curve concave Southeasterly and subtended by a 216.13 foot chord bearing North 85° 08' 07" East to a point of tangency; thence South 62° 09' 30" East 210.00 feet to a point; thence South 37° 50' 20" West 264.77 feet to a point; thence South 62° 09' 30" East 395.40 feet to a point; thence South 00 03' 29" East 819.82 feet to a point of intersection with the Southerly line of said Lot 6; thence North 60° 51' 28" West 649.55 feet along said Southerly line of Lot 6, to a point of intersection With the Westerly right-of-way line of Heinz Road; thence South 29° 08' 32" West 224.24 feet along said Westerly right-of-way to a point of intersection with the Southwesterly line of said Lot 6; thence North 61° 01' 20" West 74.22 feet along said Southwesterly line of Lot 6, to a point of curvature; thence Northwesterly 125.46 feet along a 382.04 foot radius curve concave Northeasterly and subtended by a 124.90 foot chord hearing North 51° 36' 50" West, said line being said Southwesterly line of Lot 6 to a point of tangency; thence North 42° 12' 20" Nest 264.46 feet along said Southwesterly line of Lot 6, to the point of beginning; and subject to easements and restrictions of record, and containing 35.2 acres more or less. ' ucunn nnnw • uea mumab 963 -2- and WHEREAS, said property is owned by the above-named corporation and the dedications as required by the Subdivision Ordinance of the City of Iowa City have been made with the free consent and in accordance with the desires of said pro- prietor; and WHEREAS, the Planning and Zoning Commission of Iowa City recommends that the owner's request to delete the city's require- ment to construct sidewalks along Heinz Road be granted; and WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plat and subdivision be accepted and approved; and WHEREAS, said plat and subdivision is found to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the 1979 Code of Iowa, as amended, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY TETE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat and subdivision of Part of Lot 6, Auditor's Plat 32, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa, and the dedication of the streets and easements set out therein is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the amended preliminary and final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this 13th clay of May 1980. Jo1.1NIinLEu:R, City of IOWA City, �o44•a ATTEST: qf—� �t�J 1 R lOLP S, Cit Clem City of Iowa City, Iowa 963 CEDAR RAPIDS - DES MOINES 'c t _ i f -2- and WHEREAS, said property is owned by the above-named corporation and the dedications as required by the Subdivision Ordinance of the City of Iowa City have been made with the free consent and in accordance with the desires of said pro- prietor; and WHEREAS, the Planning and Zoning Commission of Iowa City recommends that the owner's request to delete the city's require- ment to construct sidewalks along Heinz Road be granted; and WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plat and subdivision be accepted and approved; and WHEREAS, said plat and subdivision is found to conform with the requirements of the City Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the 1979 Code of Iowa, as amended, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY TETE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat and subdivision of Part of Lot 6, Auditor's Plat 32, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa, and the dedication of the streets and easements set out therein is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the amended preliminary and final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this 13th clay of May 1980. Jo1.1NIinLEu:R, City of IOWA City, �o44•a ATTEST: qf—� �t�J 1 R lOLP S, Cit Clem City of Iowa City, Iowa 963 CEDAR RAPIDS - DES MOINES -3 - Passed and approved this 13th day of May 1980. It was moved by Neuhauser and seconded by Vevera that the Resolution as read by adopted, and upon roll call there were: AYES: NAYS: ABSENT: i BALMER X ERDAHL X LYNCH NEUHAUSER X PERRF.T X I ROBERTS X VEVERA X I I J'UHN BAUDIER, Mayor III City of Iowa City, Iowa ATTEST: AB IE STOLFU , Cigy Clerk City of Iowa City, Iowa CERTIFICATE STATE OF IOIVA ) ) SS: JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day ofMai 1980, all as the same appears o- record in my—o ice. 1980. DATED at Iowa City, Iowa this 14th day of May , 13 11; STOLFUS, citr Clork Iowa City, Iowa JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i RESOLUTION NO. 80-174 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR RALSTON CREEK VILLAGE WHEREAS, and wifeand Gary Abramsaa ndSandra mAbrams, husband s and Rose mand hwife,ldhereafter, called "Abrams", have filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale residential develop- ment for the following described premises located in Iowa City, Johnson County, Iowa, to wit: Part of Lyman Cook's Subdivision of Outlot 25, Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 4, Page 79, and part of Berry Hill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 12, Page 188, more particularly described as follows: Commencing as a point of reference at the Northwesterly corner of Lot 1, Lyman Cook's Subdivision of Outlot 25, as recorded in Johnson County Recorder's Office Plat Book 4, Page 79; thence South 380.00 feet along the Westerly line of said Lyman Cook's Subdivision to a point of intersection with the Northerly line of Lot 5, said Lyman Cook's Subdivision and point of beginning of tract herein described (this is an assumed bearing for purposes of this descrip- tion only); thence continuing South 463.92 feet to a point of intersection with the Southerly line of Lot 6 Berry Hill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 12, Page 188; thence South 890 45' 40" East 41.00 feet along said Southerly line of Lot 6 Berry Hill and Pierce Addition to a point.; thence North 36° 31' 55" East 425.93 feet to a point,; thence East 25.20 feet to a point of intersection with the Easterly line of Lot 1 said Berry Hill and Pierce Addition; MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 964 W i RESOLUTION NO. 80-174 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR RALSTON CREEK VILLAGE WHEREAS, and wifeand Gary Abramsaa ndSandra mAbrams, husband s and Rose mand hwife,ldhereafter, called "Abrams", have filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale residential develop- ment for the following described premises located in Iowa City, Johnson County, Iowa, to wit: Part of Lyman Cook's Subdivision of Outlot 25, Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 4, Page 79, and part of Berry Hill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 12, Page 188, more particularly described as follows: Commencing as a point of reference at the Northwesterly corner of Lot 1, Lyman Cook's Subdivision of Outlot 25, as recorded in Johnson County Recorder's Office Plat Book 4, Page 79; thence South 380.00 feet along the Westerly line of said Lyman Cook's Subdivision to a point of intersection with the Northerly line of Lot 5, said Lyman Cook's Subdivision and point of beginning of tract herein described (this is an assumed bearing for purposes of this descrip- tion only); thence continuing South 463.92 feet to a point of intersection with the Southerly line of Lot 6 Berry Hill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 12, Page 188; thence South 890 45' 40" East 41.00 feet along said Southerly line of Lot 6 Berry Hill and Pierce Addition to a point.; thence North 36° 31' 55" East 425.93 feet to a point,; thence East 25.20 feet to a point of intersection with the Easterly line of Lot 1 said Berry Hill and Pierce Addition; MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 964 Page 2 l� thence North 0° 04' 00" West, 125.87 feet along the Easterly line of said Berry Hil I and Pierce - Addition to a point of intersection with a line 20.00 feet Northeasterly from as measured at right angles to the centerline .of the Chicago, Rock Island and Pacific Railroad Company's Northerly wye track as shown on plat prepared by Donald L. Slothower, Registered Land Surveyor No. 4971, dated January 23, 1970, recorded in the Johnson County Recorder's Office Plat Book 9, Page 73; thence Northwesterly along said line parallel with and measured in a Northeasterly direction 20.00 feet perpendicularly from said centerline of the Chicago, Rock Island and Pacific Railroad Company's Northerly wye track (Chord North 36° 51' 41" West 91.41 feet) to a point of inter- section with the Northerly line of Lot 9 said Lyman Cook Subdivision; thence North 890 52' 37" West 95.05 feet along said Northerly line of Lot 9 to a point of intersection with the Westerly line of said Lot 9; thence South 0° 02' 00" East 77.00 feet to a point of intersection with the Northerly line of Lot 5 said Lyman Cook's Addition extended Easterly; thence North 890 52' 37" Nest 169.76 feet along said Northerly line of Lot 5 and said Northerly line extended Easterly to a point of beginning, All of Lots 6, 7 and 8 of said Lyman Cook's Subdivision except the Easterly 105 feet and except the Westerly 40 feet of said lots, more particularly described as follows: Commencing as a point of reference at the Southeasterly corner of Lot 8 Lyman Cook's Subdivision; thence North 89° 52' 37" 41est 105.00 feet along the Southerly line of said Lot 8 to a point of beginning of tract herein described, (this is an assumed bearing for purposes of this description only). MICROFILMED BY JCRM MICR+LAB CEDAR RAPIDS • DES MOINES 96� '.i Page 3 thence North 0° 04' 00" Nest 228.00 feet along a line parallel with and measured in a Westerly direction 105.00 feet perpendicularly from the Easterly line of said Lots 6, 7 and 8 to a point of intersection with the Northerly line of said Lot 6; thence North 89° 54' 00" blest 4.46 feet along said Northerly line of Lot 6 to a point; 1 i thence South 0° 02' 00" East 228.00 feet to a s point of intersection with said Southerly line of Lot 8; thence South 89° 52' 37" East 4.59 feet along said Southerly line of Lor. 8 to point of beginning; and subject to easements of record, and containing 2.5 acres more or less. WHEREAS, said property is owned by Abrams and dedications are required and have been submitted; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale residential development and have approved the same; and, WHEREAS, the said large scale residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that' it be accepted and approved. WHEREAS, said large scale residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa: 1. That the said plan is hereby approved as a large scale residential development. 2. That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. MICROFIL701IE JORMMCEDAR RAPIDS 964 I I. Page 3 thence North 0° 04' 00" Nest 228.00 feet along a line parallel with and measured in a Westerly direction 105.00 feet perpendicularly from the Easterly line of said Lots 6, 7 and 8 to a point of intersection with the Northerly line of said Lot 6; thence North 89° 54' 00" blest 4.46 feet along said Northerly line of Lot 6 to a point; 1 i thence South 0° 02' 00" East 228.00 feet to a s point of intersection with said Southerly line of Lot 8; thence South 89° 52' 37" East 4.59 feet along said Southerly line of Lor. 8 to point of beginning; and subject to easements of record, and containing 2.5 acres more or less. WHEREAS, said property is owned by Abrams and dedications are required and have been submitted; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale residential development and have approved the same; and, WHEREAS, the said large scale residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that' it be accepted and approved. WHEREAS, said large scale residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa: 1. That the said plan is hereby approved as a large scale residential development. 2. That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. MICROFIL701IE JORMMCEDAR RAPIDS 964 I Page 4 Passed and approved this 13th day of May , 1980. It was moved by vevera and seconded by Neuhauser that the Resolution as read e adopted, and upon roll call there were: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x YOR ATTEST: CI CLERK l'�I'L[1 [i 7L�AW4� Gy iSq I,Lvjal pe)tarfr»m;t S = i -g) 9 6'� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i i I STAFF REPORT To: Planning and Zoning Commission Prepared by: Doug Boothroy Item: S-7841, Ralston Creek Village Date: March 15, 1979 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Sam Abrams 408 S. Gilbert Street Iowa City, Iowa 52240 Gary Abrams 4005 Yorkshire Lane Northbrook, Illinois Approval of a large scale resi- dential development plan To construct 72 multi -family units Between Gilbert and Van Buren just north of the Abrams Furni- ture Store Undeveloped and CBS North - commercial and C2 South - commercial and C2 East - commercial and C2 West - office and C2 Provisions of the LSRD and Stormwater Management Ordi- ances and the Tree Regulations. Waived Adequate water and sewer service is available. Sanitary service is available as well as police and fire Protection. FIICRUILh1ED BY JORM MICR�LAB CEDAR RAPIDS IS MOINES 96� i - I i i 1 i I STAFF REPORT To: Planning and Zoning Commission Prepared by: Doug Boothroy Item: S-7841, Ralston Creek Village Date: March 15, 1979 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Sam Abrams 408 S. Gilbert Street Iowa City, Iowa 52240 Gary Abrams 4005 Yorkshire Lane Northbrook, Illinois Approval of a large scale resi- dential development plan To construct 72 multi -family units Between Gilbert and Van Buren just north of the Abrams Furni- ture Store Undeveloped and CBS North - commercial and C2 South - commercial and C2 East - commercial and C2 West - office and C2 Provisions of the LSRD and Stormwater Management Ordi- ances and the Tree Regulations. Waived Adequate water and sewer service is available. Sanitary service is available as well as police and fire Protection. FIICRUILh1ED BY JORM MICR�LAB CEDAR RAPIDS IS MOINES 96� G 2 Transportation: Physical Characteristics: ANALYSIS Access is via Gilbert and Van Buren Street. The entire site is located within the 100 -year floodplain of Ralston Creek. The topography level (0-2%). The applicant proposes to construct three 24 -unit apartment buildings, two of which are situated on City sewers: a 42" trunk sewer and a 2 -foot -by -3 -foot brick oval sewer. No other alternative for building location exists at the density proposed due to the floodway boundary. At the time of installation of the 42" trunk sewer, the City entered into an agreement (1970) allowing the applicant to build over the sewer. It is the staff's opinion that under no condition is it advisable to build on a sewer but because of the aforementioned agreement, the City has no legal recourse regarding building over the sewer. According to the Flood Management Regulations, parking cannot be located less than 10 meters (32.8 feet) from the Ralston Creek bank without the granting of a "Special Use Permit" by the Board of Adjustment. Approximately 40% of the proposed parking spaces are affected by this requirement. Application has been made to the Board regarding this matter and action will presumably be taken by the Board on March 15, 1979, before the Commission's formal meeting. If the applicants' request is denied then the LSRD would need to be substantially revised and action by the Commission, therefore, could not be taken. A common drive is proposed from Gilbert Street to serve as access to both the the residential development and Abrams' Furniture Store. It has been the Legal staff's opinion that in the event contiguous parcels are developed as part of a coordinated development (in this case, provision of a common access)then both parcels should be included within the LSRD plan. However, the Abrams' Furniture building is not required to meet either the provisions of the Tree Regulations (no alteration or change of use) or the Stormwater Management Ordinance (building permit not required). RECOMMENDATION It is the staff's recommendation that action on the LSRD plan be deferred. Upon revision of the plan incorporating the deficiencies and discrepancies noted below, the staff recommends the plan be approved. DEFICIENCIES AND DISCREPANCIES 1. Signatures of the utility companies should be provided on the plan, 111CROf "I L7RL JORM MCEDAR RAPIDS 964 I 3 2. Certification of a registered land surveyor should be provided. 3. A metes and bounds discription of the property should be provided. j 4. The total acreage of the property should be indicated in the legal de- scription. 5. The plan does not comply with the Tree Regulations and an innovative parking area design plan would need to be approved by the Commission. 6. The furniture store parcel should be integrated into the proposed LSRD plan. 7. Furniture store should be fully dimensioned and the total retail floor area indicated. 8. The drive access from Van Buren Street should be narrowed to 24' in width with the necessary curbs and sidewalks provided within the right-of-way. 9. A note should be added to the plan indicating that the 2 -foot -by -3 -foot brick oval sanitary sewer will be removed per the 1970 agreement. 10. A note should be provided as to the number of bedrooms the proposed apart- ment units will contain. 11. Curve radius for the streets and intersecting private drives should be indicated. 12. Building width of the proposed apartment buildings should be indicated on the plan. ATTACHMENTS Location map. ACCOMPANIMENT LSRD plan J f' Approved by p�,�f C fa✓ Dennis R. Kraft, Director Dept. of Planning and Program Development i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ✓OM,�lp,� Jr —� p.PO✓ECT J L_ 1 ti 614deWr Jr r jC /N.V I7.; ._ 41 el NO KALE MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES S -78,q) 96� I I I i RESOLUTION NO. 80-175 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF _SIDEWALK REPAIR PROGRAM (NORTHSIDE AND HICKORY HILL NEIGHBORHOODS) ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT'OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plana,, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $8,000.00 payable to Treasurer, City of Iowa City, Iowa.I, 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide 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 lees than four (4) nor more than twenty (20) days before the date established for the receipt of bide, 4. That bid■ 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 28th day of May , 198Q. Thereafter, the bide will be opened by the 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, Iwa City, Iowa, at 7:30 D.M. on the 3rd day of June , 19 80 . MICROFILMED BY JORM MICR4LA13 CEDAR RAPIDS • DES MOINES Received R Approved By The Legal Department m 976 f r i RESOLUTION NO. 80-175 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF _SIDEWALK REPAIR PROGRAM (NORTHSIDE AND HICKORY HILL NEIGHBORHOODS) ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT'OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plana,, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $8,000.00 payable to Treasurer, City of Iowa City, Iowa.I, 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide 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 lees than four (4) nor more than twenty (20) days before the date established for the receipt of bide, 4. That bid■ 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 28th day of May , 198Q. Thereafter, the bide will be opened by the 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, Iwa City, Iowa, at 7:30 D.M. on the 3rd day of June , 19 80 . MICROFILMED BY JORM MICR4LA13 CEDAR RAPIDS • DES MOINES Received R Approved By The Legal Department m 976 Page 2 Resolution No. 80-175 It was moved by Perret and seconded by Neuhauser that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of May 1980• ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 976 J RESOLUTION NO. 80-176 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF STURGIS FERRY BOAT BAMP i 1 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT— I, ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND I PLACE FOR RECEIPT•OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans„ specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $3,400.00 to Treasurer, City of Iowa City, Iowa, 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide 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 the date established for the receip of bids. 4. That bids for the construction of the above-named project ere to be received 1 by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 'I'll a.m. on the 28th day of May , 19$0• Thereafter, and the bids win—be opened by the City Engineer or hip de<i9nPP — thereupon referred to the Council of the City of Iowa City, Iowa, foz action upon said bide at its next meeting to be held at the Council Chambers, Civic Center19low& City, Iowa, at7:30 p.m. on the 3rd day of June_ - MICROFIL71DJORM MCEDAR RAPIDS Received 9 Approved BThe Legal Depaen nt y s sS�-�'fl 919. i WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans„ specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $3,400.00 to Treasurer, City of Iowa City, Iowa, 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide 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 the date established for the receip of bids. 4. That bids for the construction of the above-named project ere to be received 1 by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 'I'll a.m. on the 28th day of May , 19$0• Thereafter, and the bids win—be opened by the City Engineer or hip de<i9nPP — thereupon referred to the Council of the City of Iowa City, Iowa, foz action upon said bide at its next meeting to be held at the Council Chambers, Civic Center19low& City, Iowa, at7:30 p.m. on the 3rd day of June_ - MICROFIL71DJORM MCEDAR RAPIDS Received 9 Approved BThe Legal Depaen nt y s sS�-�'fl 919. Page 2 Resolution No. 80-176 It was moved by Neuhauser and seconded by Vevern that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser Perret x Roberts x Vevera x Passed and approved this 13th day of Mav r 19 80• ATTEST: J&CITY CLE MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 97ol I Page 2 Resolution No. 80-176 It was moved by Neuhauser and seconded by Vevern that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser Perret x Roberts x Vevera x Passed and approved this 13th day of Mav r 19 80• ATTEST: J&CITY CLE MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 97ol /l.clGGa RESOLUTION NO. 80-178 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CONTRACT FOR THE DEMOLITION OF THE HOUSE AT 1004 NORTH DODGE STREET. WHEREAS, the City Council deems it in the public interest to demolish the house at 1004 North Dodge; pursuant to the provisions of the Uniform Code for the abatement of dangerous buildings; more properly described as Lot 1 and the southwesterly one-half of Lot 2 Dewey's Addition to the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: that the Director of Public Works is authorized and directed to execute a contract to demolish the house at above-named location. It was moved by Roberts and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl X Lynch x Neuhauser X Perret X Roberts x Vevera Passed and approved this 13th day of Ma 1980.///(//f MAYOR ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES Recoived A Approvod By The Ltaal D•:parhrPnt 977 1 RESOLUTION NO. 80-179 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR PROJECT INSPECTION, TESTING AND SURVEYING FOR THE SOUTH BRANCH DETENTION STRUCTURE. WHEREAS, Shive-Hattery and Associates has been selected for the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the contract for inspection, testing and surveying for the above- named project is hereby awarded to Shive-Hattery and Associates. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call theme were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13 day of_ May , 1980. ATTEST: 01 CITY CLERK MICROFILMED DY JORM M1111CR �:. CEDAR RAPIDS • DES MOINES Mayor P.ctnlvod A App,.,Q 9yiht� r �I- yf E i u AGREEMENT This Agreement, made and entered into this 13th day of May , 19 80 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery and Associates, of Iowa City, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. •d: SCOPE OF SERVICES The Consultant is to provide full-time project inspection and testing services for the south branch dam on Ralston Creek as stated below. Full -Time Project Representation The Constultant shall provide technical observation of construction by a full-time resident project representative and supporting staff. The duties, ,responsibilities and the limitations on the authority of the resident project representative and assistants are set forth in Exhibit A and are made a part of this agreement. Through on-site observations of the work in progress and field checks of materials by the resident project representative and assistants, the Consultant shall endeavor to provide protection for the City against defects and deficiencies in the work. The Consultant shall provide the initial field stake out of construction and all subsequent staking as construction progresses. Testing The Consultant shall provide field testing for embankment construction and for cast -in-place concrete. The frequency and amount of testing for cast -in-place concrete shall be as specified in the job specifications. The amount of soil testing to be done (luring construction of the embankment shall be 'determined by the resident engineer. In general, enough testing should be conducted so that the resident, engineer can determine that the construction work is complying with the compaction requirements of the specifications. The actual number of tests will vary depending upon weather conditions, soil conditions, and other factors. Special consideration for testing shall be given to the more critical areas including preparation of the existing surfaces to receive fill, compaction material in the cutoff trench under the dam, and compaction of materials around the two pipes. Uniform compaction of material throughout the embankment is also of importance to minimize future settlement and to result in a stable structure. The resident project engineer or a qualified inspector working under the engineer's supervision will be on site during placement of all fill. Several compaction tests should be made on each lift for the first few lifts and the number of tests may be reduced to perhaps one or two per lift as the height of the embankment increases. Additional tests should be made in critical areas (around pipes, etc.) or where visual observation by the resident project inspector indicates areas of questionable compaction results. JURM MICR4?LAM CEDAR RAPIDS • DES MOINES I u AGREEMENT This Agreement, made and entered into this 13th day of May , 19 80 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery and Associates, of Iowa City, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. •d: SCOPE OF SERVICES The Consultant is to provide full-time project inspection and testing services for the south branch dam on Ralston Creek as stated below. Full -Time Project Representation The Constultant shall provide technical observation of construction by a full-time resident project representative and supporting staff. The duties, ,responsibilities and the limitations on the authority of the resident project representative and assistants are set forth in Exhibit A and are made a part of this agreement. Through on-site observations of the work in progress and field checks of materials by the resident project representative and assistants, the Consultant shall endeavor to provide protection for the City against defects and deficiencies in the work. The Consultant shall provide the initial field stake out of construction and all subsequent staking as construction progresses. Testing The Consultant shall provide field testing for embankment construction and for cast -in-place concrete. The frequency and amount of testing for cast -in-place concrete shall be as specified in the job specifications. The amount of soil testing to be done (luring construction of the embankment shall be 'determined by the resident engineer. In general, enough testing should be conducted so that the resident, engineer can determine that the construction work is complying with the compaction requirements of the specifications. The actual number of tests will vary depending upon weather conditions, soil conditions, and other factors. Special consideration for testing shall be given to the more critical areas including preparation of the existing surfaces to receive fill, compaction material in the cutoff trench under the dam, and compaction of materials around the two pipes. Uniform compaction of material throughout the embankment is also of importance to minimize future settlement and to result in a stable structure. The resident project engineer or a qualified inspector working under the engineer's supervision will be on site during placement of all fill. Several compaction tests should be made on each lift for the first few lifts and the number of tests may be reduced to perhaps one or two per lift as the height of the embankment increases. Additional tests should be made in critical areas (around pipes, etc.) or where visual observation by the resident project inspector indicates areas of questionable compaction results. JURM MICR4?LAM CEDAR RAPIDS • DES MOINES 2 II. GENERAL TERMS 1. The consultant or the City may terminate this Agreement upon seven (7) daysnPiJ(IVe. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matters shall be resolved by the procedures of the American Arbitration Association. 2. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 4. It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. •G. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. S. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the Project. 4, Flake all provisions for the Consultant to enter upon public and j private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant ! and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 2 II. GENERAL TERMS 1. The consultant or the City may terminate this Agreement upon seven (7) daysnPiJ(IVe. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matters shall be resolved by the procedures of the American Arbitration Association. 2. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 4. It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. •G. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. S. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the Project. 4, Flake all provisions for the Consultant to enter upon public and j private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant ! and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. JORM MICR+LAB CEDAR RAPIDS • DES MOINES 3 IV. TIME OF PERFORMANCE The Consultant shall provide services on a time schedule sq that the contractor's work is not delayed. Services shall begin with the preconstruction conference, continue through the 180 -calendar day construction period, and shall end when the City's Design Consultant submits his statement of substantial completion to the City. V. COMPENSATION FOR SERVICES Resident Project Inspection The fee for resident project in will be based on a direct personal expense times a 2.19 multiplier. A copy of the current direct personal expense rate is attached as Exhibit No. B. The total fee for resident project inspection shall not exceed $28,500. Survevine Services Surveying services shall be based upon direct personal expense times a multiplier of 2.19. There is no "not to exceed" on this portion of the job. Testing All testing will be provided at the current standard unit prices. A copy of these prices is attached as Exhibit C. There is no "not to exceed" on this portion of the job. Reimbursable expenses shall be paid as a separate cost above and beyond any "not to exceed". Reimbursable expenses shall include the following: A. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for the Consultant's office use. B. Long distance telephone calls. The Consultant shall submit monthly statements for services rendered and for reimbursable expenses incurred. For services based on direct personal expense times a multiplier, monthly statements will be based upon actual hours worked. The City shall make prompt monthly payments in response in writing in this instrument. The undersigned do hereby state that this Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: SIIIVE-IIATTERY AND ASSOCIATES: 4-iyOR AT i CITY CLERK / JUHM M11. "4f L.Atl CEDAR RAPIDS • DES MOINES 9 7?, � I i I i 3 IV. TIME OF PERFORMANCE The Consultant shall provide services on a time schedule sq that the contractor's work is not delayed. Services shall begin with the preconstruction conference, continue through the 180 -calendar day construction period, and shall end when the City's Design Consultant submits his statement of substantial completion to the City. V. COMPENSATION FOR SERVICES Resident Project Inspection The fee for resident project in will be based on a direct personal expense times a 2.19 multiplier. A copy of the current direct personal expense rate is attached as Exhibit No. B. The total fee for resident project inspection shall not exceed $28,500. Survevine Services Surveying services shall be based upon direct personal expense times a multiplier of 2.19. There is no "not to exceed" on this portion of the job. Testing All testing will be provided at the current standard unit prices. A copy of these prices is attached as Exhibit C. There is no "not to exceed" on this portion of the job. Reimbursable expenses shall be paid as a separate cost above and beyond any "not to exceed". Reimbursable expenses shall include the following: A. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for the Consultant's office use. B. Long distance telephone calls. The Consultant shall submit monthly statements for services rendered and for reimbursable expenses incurred. For services based on direct personal expense times a multiplier, monthly statements will be based upon actual hours worked. The City shall make prompt monthly payments in response in writing in this instrument. The undersigned do hereby state that this Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: SIIIVE-IIATTERY AND ASSOCIATES: 4-iyOR AT i CITY CLERK / JUHM M11. "4f L.Atl CEDAR RAPIDS • DES MOINES 9 7?, a STATE OF IOWA JOHNSON COUNTY On this 14th day of May 19 89 before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared John R. Balmer Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and j deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at ' Iowa City, Iowa, the day and year last above written. q NotNot r�n alid-.for i Johnson County,- Iowa - ' STATE OF IOWA COUNTY OF JOHNSON On this 20 day of May 1980, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared James L. Shive and Robert J. DeWitt to me personally known, who being by me duly sworn, did say that they are the President and Vice President respectively, of said corporation; that (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and that the said President and Vice President as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Z ota -Public Aa,,61.arfsaiY, County and State Received R Approved C By The Legal Department i f i - MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i Duties, Responsibilities and Limitations of Authority of Resident Project Representative -7777. ... ... laf A General. ;,Cf, "of ENGI- ident Project Representative is ENGINEER's Agent, will act as directed an under the supervision Res ("t . dealings in matters R, and will confer with ENGINEER regarding his actions. Resident Project Representative's NEE to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with :;"jb ontrictors shall only be through or with the full knowledge of CONTRACTOR. Written communication with ;-.ksuc� "fit 11 '[EER. ��'e,; OWNER will be only through or as directed by ENGIN 01 B Dulles %it onsibillil CS I,J.' -;0V% 11, Project Representative will. J 0 tP 1""i, d Idides: Review the progress schedule, schedule of Shop Dniwi�gi submission; and schedule of 1. values prepare JI. .. .... ith ENGINEER concerning then ncee ptability. CONTRACTOR and consult w :3*,1) rt isI .711. I, t. a. conferences Air progress meetings and otiverjob conferences Conferences: Attend prcconstruction con c a c scliedulcof . . . . . . required in consultation with ENGINEER and notify those expected to attend in advance: Attend meetings, and maintain and circulate copies of minutes thereof. n.ery S c as ENGINEER's linison with CONTRACTOR. working principally through CONTRACTOR's superinten dent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as 0 . WN E R k* r. 4 .:.,'s on-site operations ons. liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNr-.11 b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required 0 at the job... site for proper execution of the Work. it -it Dr'wing's' ...... t';, y, 01) a and Samples: 1 ...... are Nr'n shed at the site Receive and record date of receipt of Shop Drawings and samples, receive samples which I • a. 0; � 11ItY CONTRACTOR, and notify ENGINEER of theiravailability for examinit ion. .1 J, . . . . b. Advise ENGINEER and CONTRACTOR or its superintendent immediately or the commencement of any Work :Ri.rcquiringi Shop Drawing or sample submission if rhe submission has not been approved by ENGINEER. W - lVork,hispeciiwisantl7isis: a' . Conduct un -site obse rval ions of the Work in progress to assist HN G I N E r. R in de I ernii it his if the Work is proceed i ng in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or docs not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the requircd personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to [INGINURappropriale details relative to the test procedures and startups, .. . I., . ; , . . , . *.. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record ,the outcome of these inspections and report to ENGINEER. (E) 1979 by National Society of Profeiii,iml Engineers, 20.19 K Si..N.W., Washinston.D.C. 10OD6 NSP171ACEVASCE lhiblication No. 1910.1-A 1979 Edition CEDAR RAPIDS - DES MOINES It 'WK -4 2 n JrAr, "Y Exhibit A to Agreement Between owner I 'A, 4 1. Engineer Jor. -Professional Services, -I dated19 LL" 19 `ffo I r use with 1910 9751 Edition). PA Duties, Responsibilities and Limitations of Authority of Resident Project Representative -7777. ... ... laf A General. ;,Cf, "of ENGI- ident Project Representative is ENGINEER's Agent, will act as directed an under the supervision Res ("t . dealings in matters R, and will confer with ENGINEER regarding his actions. Resident Project Representative's NEE to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with :;"jb ontrictors shall only be through or with the full knowledge of CONTRACTOR. Written communication with ;-.ksuc� "fit 11 '[EER. ��'e,; OWNER will be only through or as directed by ENGIN 01 B Dulles %it onsibillil CS I,J.' -;0V% 11, Project Representative will. J 0 tP 1""i, d Idides: Review the progress schedule, schedule of Shop Dniwi�gi submission; and schedule of 1. values prepare JI. .. .... ith ENGINEER concerning then ncee ptability. CONTRACTOR and consult w :3*,1) rt isI .711. I, t. a. conferences Air progress meetings and otiverjob conferences Conferences: Attend prcconstruction con c a c scliedulcof . . . . . . required in consultation with ENGINEER and notify those expected to attend in advance: Attend meetings, and maintain and circulate copies of minutes thereof. n.ery S c as ENGINEER's linison with CONTRACTOR. working principally through CONTRACTOR's superinten dent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as 0 . WN E R k* r. 4 .:.,'s on-site operations ons. liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNr-.11 b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required 0 at the job... site for proper execution of the Work. it -it Dr'wing's' ...... t';, y, 01) a and Samples: 1 ...... are Nr'n shed at the site Receive and record date of receipt of Shop Drawings and samples, receive samples which I • a. 0; � 11ItY CONTRACTOR, and notify ENGINEER of theiravailability for examinit ion. .1 J, . . . . b. Advise ENGINEER and CONTRACTOR or its superintendent immediately or the commencement of any Work :Ri.rcquiringi Shop Drawing or sample submission if rhe submission has not been approved by ENGINEER. W - lVork,hispeciiwisantl7isis: a' . Conduct un -site obse rval ions of the Work in progress to assist HN G I N E r. R in de I ernii it his if the Work is proceed i ng in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or docs not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the requircd personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to [INGINURappropriale details relative to the test procedures and startups, .. . I., . ; , . . , . *.. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record ,the outcome of these inspections and report to ENGINEER. (E) 1979 by National Society of Profeiii,iml Engineers, 20.19 K Si..N.W., Washinston.D.C. 10OD6 NSP171ACEVASCE lhiblication No. 1910.1-A 1979 Edition CEDAR RAPIDS - DES MOINES ri EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES DATED 1980 DIRECT PERSONAL EXPENSE MAY 3, 1980 to NOVEMBER 1, 1980 Grade 8 Engineer $ 24.11/Hour Grade 7 Engineer rci Grade 6 Engineer 21.52/Hour Grade 5 Engineer 18.13/Hour Grade 4 Engineer 16.28/Hour Grade 3 Engineer 13.88/Hour Grade 2 Engineer 12,16/Hour 24.89/Hour 2 -Man 11.01/Hour Grade Technician Grad'e'D ..E Technician 12.95/Hour rci 10.27/Hour Grade C Technician Grade B Technician 8.49/flour 6.70/Hour Grade A Technician 4.52/Hour 3 -Man Survey Crew 24.89/Hour 2 -Man Survey Crew 19.03/11our SHIVE•HATTERYS ASSOCIATES W I I CEDAR RAPIDS • DES MOINES _ t. rci i EXHIBIT C SHIVE-HATTERY & ASSOCIATES CONSULTING ENGINECRS SCHEDULE OF GENERAL, FIELD AND LABORATORY FEES JANUARY 1, 1980 GENERAL Mobilization charges - based on round trip mileage from nearest office Private automobile or auxiliary vehichle $ '.25/mile Drill rig (minimum charge of $125.00) 1.50/mile Per diem rate (charge if site is more than 40 miles from nearest office), per individual 30.00/day All terrain vehicle utilization 150.00/day Boring location survey 50.00/hour Stand-by,�ime, in excess of normal set-up time, as a result of clients request or action Truck 65.00/hour All terrain vehicle 80.00/hour Specialized drilling equipment, equipment for moving drilling equipment at site, permits, etc. Cost + 1596 SOILS - FIELD Auger drilling - hollow stem augers Structure boring - utilizing standard penetration test (2-1/2' intervals to 15', 5' intervals to 501, and 10' intervals thereafter) 0' - 25' 6.00/foot 25' - 50' 6.50/Foot 50'+ 7.50/foot CEDAR RAPIDS DAVENPORT DES MOINES DUBUQUE FT LIADISON IOWA CITY VINTON CEDAR RAPIDS • DES MOINES 7 - Schedule of General, Field and Laboratory Fees January 1, 1980 Page Two Auger drilling - solid augers Profile boring - samples at 5' intervals to 501, 10' intervals thereafter 01 - 251 251 - 501 50'+ Profile boring - without samples, defining top of rock and water table 0' - 25' 25' - 50' 50'+ {flash boring, surcharge 0' - 25' 25' - 50' 50'+ Hourly drilling rates Truck and one technician Truck and two technicians All terrain vehicle, utilization Hard auger drilling - through weathered rock or material consisting primarily of broken rock, concrete, rubble fill, etc. (Standard penetration resistance > 50 blows per foot) Rock drilling Bitting Coring, NWV size Set up/boring Requiring use of auxiliary water source, additional fill f 1, Ij' t�f t t '1 SHIVE•HATTERY & ASSOCIATES I $ 5.50/foot 6.00/foot 6.80/foot 5.00/foot 5.50/foot 6.30/foot .85/foot 1.10/foot 1.40/foot 55.00/hour 65.00/hour 150.00/day 12.00/foot 16.00/foot 23.00/foot 50.00/each 40.00/each I CEDAR RAPIDS • DES MOINES I 1 j;. Schedule of General, Field and Laboratory Fees January 1, 1980 Page Three Sampling and testing Additional standard penetration tests $.13.50/each Shelby tube ("undisturbed"), 2" or 3':: 14.00/each diameter Large volume bag sample 15.00/each Rimac unconfined compression value 5.00/each Hand penetrometer value 2.00/each Vane shear value, torvane 5.00/each Seismic refraction testing Equipment cost 100.00/day Slotted well point installation, in drilled bore hole Set up/well point 70.00/each Material cost - 2" 2.50/foot. Material cost - 3" 4.50/foot SOILS - LABORATORY Shelby tube extrusion, sample preparation, and logging 8.00/each Natural moisture content 2.50/each Dry unit weight, Shelby tube specimen 3.00/each Atterberg•limits LL, PL, PI 30.00/set SL 17.00/each Mechanical analysis Hydrometer 27.50/each Sieve Schedule of General, Field and Laboratory Fees January 1, 1980 Page Three Sampling and testing Additional standard penetration tests $.13.50/each Shelby tube ("undisturbed"), 2" or 3':: 14.00/each diameter Large volume bag sample 15.00/each Rimac unconfined compression value 5.00/each Hand penetrometer value 2.00/each Vane shear value, torvane 5.00/each Seismic refraction testing Equipment cost 100.00/day Slotted well point installation, in drilled bore hole Set up/well point 70.00/each Material cost - 2" 2.50/foot. Material cost - 3" 4.50/foot SOILS - LABORATORY Shelby tube extrusion, sample preparation, and logging 8.00/each Natural moisture content 2.50/each Dry unit weight, Shelby tube specimen 3.00/each Atterberg•limits LL, PL, PI 30.00/set SL 17.00/each Mechanical analysis Hydrometer 27.50/each Sieve 22.50/each Sieve, washed over 11200 27.50/each Combined hydrometer/sieve 47.00/each Specific gravity 25.00/each Unconfined compression testing Soil IV/o stress - strain curve 12.00/each w/stress - strainlcurve 17.00/each Rock, including cutting and capping 30.00/each SHIVE•HATTERY 6 ASSOCIATES G•_I I i JORM MICR#LAB _ CEDAR RAPIDS • DES MOINES i Schedule of General, Field and Laboratory Fees January 1, 1980 Page Four Compaction testing (proctor) Standard $ 65.00/each Modified 75.00/each Relative density, maximum/minimum 75.00/each California bearing ratio (single point) '100.00/each Consolidation testing, including e - log p curve Loading cycle - 1/4, 1/2, 1, 2, 4, 8, 16 tsf, 150.00/each typical Unloading cycle - 8, 4, 1 tsf typical 50.00/each Additional load or unload increments 15.00/each Time ratio curve, per load increment 12.00/each Triaxial testing Unconsolidated - undrained (Q) -3 specimens/test 175.00/test Consolidated undrained (R) - 3 specimens/test 225.00/test Consolidated - drained (S) - 3 specimens/test 275.00/test Additional for pore pressure measurements 175.00/test Permeability testing Sample preparation 25.00/each Falling head or constant head 80.00/each Rock quality designation (RQD) determination 5.50/each Remolded sample for test purposes 33.00/each Unified or AASHTO classification, additional to required testing 2.50/each ph determination 15.00/each Sulfate determination 20.00/each Other chemical contents On request MATERIALS - FIELD Coring of concrete or asphalt Equipment cost (per inch diameter per inch core) 1.25 Generator or water source 15.00/day Swiss hammer, concrete compressive strength 10.00/test Windsor probe, concrete compressive strength 10,00/each I (i �'ii�� � �d::i.:} •eii iiia?::�.,: .:I:�.:.vw'I:.�: J:tl 11 jl �.1 IR.i.• SHIVE•HATTERY& ASSOCIATES JORM MICR+LAB CEDAR RAPIDS • DES MOINES Schedule of General, Field and Laboratory Fees January 1, 1980 Page Five Nuclear densometer Equipment cost - hourly $ 5.00/hour Equipment cost - by test 100.00/week 3.00/each Pachometer (size and location of reinforcing steel) 25.00/da Y MATERIALS LABORATORY Concrete - Cylinders (6" x 12" Nominal) Mold Break, including curing, capping, and reporting Hold, but .75/each 5.50/each cured not broken Unit density 3.50/each Cubes (2" x 2") 1.50/each Mix design 8.25/each Debelopment of theoretical mix design 125.00/each Certification of existing design Trial batch, including 6 test 75.00/each cylinders and molds 200.00/each Cut specimen, Absorption Unit density 11.00/each Trimming 10.00/each Break, including curing, capping and reporting 10.00/cut 11.00/each ;.. Block testing Single block-:..bre;Ik Prism - break 17.00/each Absorption 22.00/each Net area determination 11.00/each 17.00/each Beam testing Flexural strength, including net area determination Molding equipment 25.00/each 5.00/each SHIVE•HATTERY 6 ASSOCIATES .. Schedule of General, Field and Laboratory Fees January 1, 1980 Page Six Asphalt - Flash point determination $ 55.00/each Extraction (centrifical method - $15,00 additional) 60.00/each Extraction (centrifical method - $15.00 additional) with gradation 80.00/each Marshall density (3 specimens), mix provided 35.00/each Cut specimen I Unit density 10.00/each If more than 3 specimens 7.00/each Roofing sample, quantitative - new roof 195.00/each Roofing sample, quantitative - existing roof 250.00/each Aggregates - Bulk specific gravity (SSD) 28.00/each Absorption 22.00/each Dry r6dded unit weight 20.00/each MISCELLANEOUS INSPECTION Caissons, piling, or earthwork inspection will be charged utlizing standard hourly rates of required technical personnel, including travel time. Equipment costs will be charged at the rates outiined above. Additional or special testing rates will be quoted on request. I ucunn mrm • un nunco ' M f RESOLUTION NO. 80-180 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CHAPTER 28E AGREEMENT BETWEEN THE COUNTY AND CITY FOR CONGREGATE MEALS PROGRAM. WHEREAS, the County of Johnson County has entered into an Agreement with Heritage Area Agency on Aging in order to provide the elderly citizens of the Iowa City -Johnson County area with nutritional meals as part of the Title III -C federal and state nutrition program, which is known as the Congregate Meals Program; and WHEREAS, the County is no longer able to use Close Mansion for serving Congregate Meals on Saturdays and Sundays due to the closing of said county facility; and WHEREAS, it is in the mutual interest of the City of Iowa City and Johnson County to continue providing nutritional meals to elderly citizens in the Iowa City -Johnson County, Iowa area; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor is hereby authorized to execute said Agreement, and to direct that said Agreement be filed with the Secretary of State and the County Recorder, as required under Chapter 28E, Code 1979. 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 I X Neuhauser X RESOLUTION NO. 80-180 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CHAPTER 28E AGREEMENT BETWEEN THE COUNTY AND CITY FOR CONGREGATE MEALS PROGRAM. WHEREAS, the County of Johnson County has entered into an Agreement with Heritage Area Agency on Aging in order to provide the elderly citizens of the Iowa City -Johnson County area with nutritional meals as part of the Title III -C federal and state nutrition program, which is known as the Congregate Meals Program; and WHEREAS, the County is no longer able to use Close Mansion for serving Congregate Meals on Saturdays and Sundays due to the closing of said county facility; and WHEREAS, it is in the mutual interest of the City of Iowa City and Johnson County to continue providing nutritional meals to elderly citizens in the Iowa City -Johnson County, Iowa area; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor is hereby authorized to execute said Agreement, and to direct that said Agreement be filed with the Secretary of State and the County Recorder, as required under Chapter 28E, Code 1979. 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 13th day of May 1980. AYOR ATTEST: l� CITY CLERK MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOINES Received R Approved By Tho Legal Department e r CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 - (319) 354.1800 June 4,-1980 Melvin D. Synhorst, Secretary of State Iowa State Capitol Building Des Moines, Iowa 50319 Dear Mr. Synhorst: The City of Iowa City and the Johnson County Supervisors have entered into an agreement conforming to Chapter 28E of the Code of Iowa, 1979, Joint Financing of Facilities, regarding provision of Congregate Meals PrograDl for, the elderly citizens. Attached please find an original of the Resolution and Agreement which has also been recorded at the Johnson County Recorder's office. Yours very truly, Abbie Stolfus, CMC City Clerk MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 97y �r I. i ( CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 - (319) 354.1800 June 4,-1980 Melvin D. Synhorst, Secretary of State Iowa State Capitol Building Des Moines, Iowa 50319 Dear Mr. Synhorst: The City of Iowa City and the Johnson County Supervisors have entered into an agreement conforming to Chapter 28E of the Code of Iowa, 1979, Joint Financing of Facilities, regarding provision of Congregate Meals PrograDl for, the elderly citizens. Attached please find an original of the Resolution and Agreement which has also been recorded at the Johnson County Recorder's office. Yours very truly, Abbie Stolfus, CMC City Clerk MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 97y I. i AGREEMENTS/CONTRACTS Attached are unexecuted copies of '7 t� _Lzdk Coth.i..— C .. L_ IA I i as signed by the Mayor. After their execution by the second party, please route 1 z) S«M. S4a,te h 3) t tj ev'IGc olftc_f11 F14� DetlHie SneSli�Ttev- to to be responsible for completion of this procedure. After receipt of originally signed document from you, a xerox copy will be returned to your office. r. Abbie Stolfus, CMC City Clerk bLh M13 ,'11.,5 Ir beet, '�eClO1d LA.A0 W1« h1IQ Wji4+Ae 'Nit ? df.t tate. A 66t� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES 5�� I � V i 1 AGREEMENTS/CONTRACTS Attached are unexecuted copies of '7 t� _Lzdk Coth.i..— C .. L_ IA I i as signed by the Mayor. After their execution by the second party, please route 1 z) S«M. S4a,te h 3) t tj ev'IGc olftc_f11 F14� DetlHie SneSli�Ttev- to to be responsible for completion of this procedure. After receipt of originally signed document from you, a xerox copy will be returned to your office. r. Abbie Stolfus, CMC City Clerk bLh M13 ,'11.,5 Ir beet, '�eClO1d LA.A0 W1« h1IQ Wji4+Ae 'Nit ? df.t tate. A 66t� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES 5�� I AGREEMENT This agreement, made and entered into this 13th day of May, 1980, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the CITY, and the Congregate Meals Program of Johnson County, Iowa, hereinafter referred to as COUNTY. i WHEREAS, the COUNTY has entered into an Agreement with Heritage Area Agency on Aging to provide the elderly citizens of the Iowa City -Johnson County area with nutritional meals as part of the Title III -C federal and state nutrition program, which is known as the Congregate Meals Program; and WHEREAS, it is in the mutual interest of the CITY and COUNTY to continue providing nutritional meals to elderly citizens in the Iowa City - Johnson County, Iowa area; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND THE COUNTY as follows: I. Scope of Services A. The CITY agrees to provide space and equipment in the Iowa City Recreation Center to the COUNTY for the sole purpose of carrying out the Congregate Meals Program, which Program in turn is being carried out pursuant to an Agreement between the Heritage Area Agency on Aging and the COUNTY effective October 1, 1979 and filed with the County Auditor. The CITY further agrees to provide a part-time City employee for opening, closing and supervising the Recreation Center during such times as the building is not ordinarily open to the public, such services to be compensated as set forth below. II. General Terms A. The CITY agrees to provide space in the Iowa City Recreation Center to the COUNTY on Saturdays, Sundays and holidays for preparation and serving of Congregate Meals, such space to include the kitchen, Rooms A and B on Saturday, and the ......... ....... T _.._ CEDAR RAPIDS DES MOINES 0 -2- Social Hall on Sunday, to commence May 3, 1980 and to continue until such time that said meals may be served in the Senior Center now in the remodeling stage. B. CITY agrees to provide entry to the building to a COUNTY employee for purposes of setting up tables, chairs and other necessary equipment, such access to be made available to the f COUNTY employee no later than 10:30 A.M. on the appropriate days. The COUNTY agrees that use of the City's facilities will continue no later than 2:00 P.M. on any such date. C. CITY agrees to provide kitchen equipment including dishes, utensils, and silverware, in addition to tables and chairs. Storage will be provided where possible. D. COUNTY agrees that COUNTY employees shall clean the kitchen and any and all other rooms used for the Congregate Meals, including the cleaning and storage of tables and chairs such as to leave the areas in a clean and sanitary condition. E. COUNTY agrees to bag, deposit and/or remove all garbage and/or refuse generated by Congregate Meals by use of the dumpster provided at the Recreation Center, or otherwise dispose of said garbage and/or refuse. F. The parties agree that at such times as a conflict may arise as the result of a City event, other arrangements for preparing and serving the Congregate Meals may be made as mutually agreed upon between the CITY and COUNTY. G. CITY agrees to provide and the COUNTY agrees to pay for opening, closing and supervising the building at such times as the building is not otherwise open to the public. Public hours now consist of the following: 1. May 3 -May 18 at 1:00 P.M. on Saturday and Sunday. 2. August 30, 1980 -May 17, 1981 at 1:00 P.M. on Saturday and Sunday. 3. October 4, 1980 -April 4, 1981 - Recreation Department i Supervisor working on Saturday from 9:00 A.M. to 10:00 P.M. 4. The building is closed on weekends during the summer i months - May 24, 1980 -August 24, 1980, and all holidays. t I� f S - JORM MICR4?LA15 CEDAR RAPIDS • DES MOINES i IN � -3- III. Compensation COUNTY agrees to pay for part-time City employee at the rate of $4.00/hour for opening, closing and supervising the i building at such times as the building is not otherwise open to the public. IV. Indemnification The COUNTY agrees to indemnify and hold harmless the CITY, its officers, agents and employees, from and against all liabilities resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the COUNTY in the performance of the conditions set forth in this agreement. The COUNTY further agrees to defend CITY against any and all suits filed against the CITY alleging personal injury, sickness, or disease arising out of the consumption, preparation or distribution of the food served at the Congregate Meals. V. Assignment This agreement may not be assigned without written consent of the parties. VI. Termination This agreement shall become effective May 3, 1980, and shall terminate at such time when the Senior Center is available for the preparation and serving of the Congregate Meals, which specific time shall be mutually agreed upon in writing for purposes of termination. However, this agreement may otherwise be terminated upon 30 days' written notice by either party. VII. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code. VIII. The undersigned do hereby stated that this agreement is executed in triplicate, as though each were an original, that there are no oral agreements that have not been reduced in writing in this instrument; and that this agreement constitutes the entire contract. t F 979 CEDAR RAPIDS • DES MOINES' -4- n FOR THE CITY: IN LMER, MAYOR j HA OLD DONNELLY, CH IRM BOARD OF SUPERVISORS JOHNSON COUNTY, IOWA ATTEST: ATTEST: L1IY CLERK STATE OF IOWA ) JOHNSON COUNTY 55 JOHNSON COUNTY AUDITOR . a On this day of May, 1980, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the following persons: to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged taht they acknowledge the same as their voluntary act and deed. Notary Public in and for Said County and State 1 DORM MICR+LAB CEDAR RAPIDS • DES MOINES Received & Approved By Tho Legal Department m W'A RESOLUTION NO. 80-181 RESOLUTION DESIGNATING PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University project I, Project No. Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has, pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal project, and transferred control of certain real property acquired in carrying out said Urban Renewal project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, did, by Resolution No. 80-8, authorize the solicitation of offers to purchase land for private redevelopment; and, WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on April 8, 1980; and, WHEREAS, all offers to purchase received have been reviewed by the City staff and the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, and pursuant to the procedures specified in Section V, Iowa City Downtown Urban Renewal Prospectus, the following developer is designated as the preferred developer of Urban Renewal Parcel No. 64-1: College Plaza Development Company and High Country Corporation, (a joint venture). MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ..i ILKAA 1 t1 RESOLUTION NO. 80-181 RESOLUTION DESIGNATING PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University project I, Project No. Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has, pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal project, and transferred control of certain real property acquired in carrying out said Urban Renewal project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, did, by Resolution No. 80-8, authorize the solicitation of offers to purchase land for private redevelopment; and, WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on April 8, 1980; and, WHEREAS, all offers to purchase received have been reviewed by the City staff and the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, and pursuant to the procedures specified in Section V, Iowa City Downtown Urban Renewal Prospectus, the following developer is designated as the preferred developer of Urban Renewal Parcel No. 64-1: College Plaza Development Company and High Country Corporation, (a joint venture). MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ..i ILKAA i Resolution No. \80_181 Page 2 r^� BE IT FURTHER RESOLVED that this designation is subject to the following conditions: 1. As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall enter into a hotel management agreement, or otherwise secure hotel management, in a manner which is legally binding for the life of the bond issue, and shall submit said legally binding agreement to the City for approval. 2. As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall secure a legally binding lease for the department store portion of the development, or shall provide other evidence as necessary to demonstrate to the City the certainty that the developer has the ability to obtain such a lease, and shall submit such evidence to the City. 3• As soon as possible, and in any event, no later than July 1, 1980, the developer shall submit to the City, for the entire project, Preliminary Design Plans as defined in Section 301 of the proposed Contract for Sale of Land for Private Redevelopment. 4. As soon as possible, the City and the developer shall conclude final negotiations regarding all provisions to be contained in the Contract for Sale of Land for Private Redevelopment. There shall be agreement on such Contract on or before July 15, 1980, it being the intent that said Contract shall be executed on or before August 19, 1980. 5. The Contract for Sale of Land for Private Redevelopment shall contain provisions requiring that the developer submit to the City, on or before September 30, 1980, all detailed financial information necessary to support the issuance of Industrial Revenue Bonds. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. BE IT FURTHER RESOLVED that this designation of a preferred developer does not constitute formal City acceptance of any offer to purchase. BE IT FURTHER RESOLVED that the adoption of this Resolution does not constitute a rejection of the proposal submitted by the other bidder. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 981 Resolution No. \80_181 Page 2 r^� BE IT FURTHER RESOLVED that this designation is subject to the following conditions: 1. As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall enter into a hotel management agreement, or otherwise secure hotel management, in a manner which is legally binding for the life of the bond issue, and shall submit said legally binding agreement to the City for approval. 2. As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall secure a legally binding lease for the department store portion of the development, or shall provide other evidence as necessary to demonstrate to the City the certainty that the developer has the ability to obtain such a lease, and shall submit such evidence to the City. 3• As soon as possible, and in any event, no later than July 1, 1980, the developer shall submit to the City, for the entire project, Preliminary Design Plans as defined in Section 301 of the proposed Contract for Sale of Land for Private Redevelopment. 4. As soon as possible, the City and the developer shall conclude final negotiations regarding all provisions to be contained in the Contract for Sale of Land for Private Redevelopment. There shall be agreement on such Contract on or before July 15, 1980, it being the intent that said Contract shall be executed on or before August 19, 1980. 5. The Contract for Sale of Land for Private Redevelopment shall contain provisions requiring that the developer submit to the City, on or before September 30, 1980, all detailed financial information necessary to support the issuance of Industrial Revenue Bonds. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. BE IT FURTHER RESOLVED that this designation of a preferred developer does not constitute formal City acceptance of any offer to purchase. BE IT FURTHER RESOLVED that the adoption of this Resolution does not constitute a rejection of the proposal submitted by the other bidder. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 981 Resolution No. 0-181 Page 3 It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X ErdaLynch X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 13th day of May 1980. ATTEST: Ck 1L CITY CLERK MICROFILMED DY r JORM MIC R¢LA13 CEDAR RAPIDS • DES MOINES i Recaived & Approved By hs Legal Department S 5-/3-w 9 RESOLUTION NO. RESOLUTION DESIGNATING PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHER S, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Re%walProject known as the City -University project I, Project No. Iowa R-14; and, WHEREACity of Iowa City, Iowa, has received an�ntitlement of funds pursuant to the H sing and Community Development WHEREAS, the Cit of Iowa City, Iowa, has, 6rsuant to the provisions of Title 24, Part 570, Sec n 570.801(c) of the ode of Federal Regulations, transferred Community Development Bloc Grant funds to id Urban Renewal project, and transferred control of certain real prope acquired 'n carrying out said Urban Renewal project to the City Council of the City Iowa ity from the City Council acting as LPA, by Resolution No. 76-446, dated De mb 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of owa Citix, Iowa, did, by Resolution No. 80-8, authorize the solicitation of of rs to purb ase land for private redevelopment; and, WHEREAS, offers to purc se land for private Kedevelopment were received and opened by the City of Iowa C' y on April 8, 1980; an" WHEREAS, all offers o purchase received have beeenr\wed by the City staff and the City Council; NOW, THEREFORE B IT RESOLVED BY THE CITY COUNCIL OF IOWA,,CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulat�i'Ns., and pursuant to the procedures s�%cified in Section V, Iowa City Downtown Urban Renewal Prospectus, the following devej'oper is designated as the preferred developer of Urban Renew Parcel No. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 981 i I . i I -z - BE IT FURTHER RESOLVED that this designation of a constitute formal City acceptance of any offer to purc It was moved by and seconded by the Resolution as read be adopted and upon roll cal l t AYES: NAYS: ABSENT: Passed and approved this ATTEST: City Cl Balmer Erdahl Lynch day 0 MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES n developer does not that were: i i RESOLUTION NO. 80-182 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (COLLEGE PLAZA DEVELOPMENT COMPANY)AND NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS(COLLEGE PLAZA DEVELOPMENT COMPANYpF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the j"City") is a municipal corporation . Y p organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- i trial Development Revenue Interim Bonds and Industrial i Development Revenue Bonds, and loan the proceeds from the sale of said Interim Bonds and said Bonds to one or more parties to { be used to defray all or a portion of the cost of acquiring, x.. constructing, improving and equipping land, buildings and improvements suitable for use as commercial enterprises con- I sisting of retail and commercial facilities which the City finds is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City teas been requested by College Plaza Development Company, thereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Interim Bondsthe "Interim Bonds") ) pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of I -3 99a I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES buildings and improvements thereon suitable for use as commer- cial enterprises consisting of retail and commercial facilities (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to i authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the Purpose of permanently financing all or a portion of the cost I of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHEREAS, said Interim Bonds, when issued, will be issued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including necessary expenses incidental thereto, will require the -4 - MICROFILMED DY JORM MICR¢LA13 CEDAR RAPIDS • DES MOINES 9Q I issuance by the City of not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Iran Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to .pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and . WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from tle Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bonds or take "some other similar official action" toward the issuance of such Interim Bonds and such Bonds prior to the commencement of -5- FIICROFIIMED BY JORM MICRLAB CEDAR RAPIDS • DES MOINES construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim Bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo - rand um of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim Bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. The City recognizes that regulations promul- gated 'Under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute Im MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES W solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of I such Interim Bonds and such Bonds. Section 2. That in order to assure the acquisition, construction, improvement and equipping of these commercial facilities in the City of Iowa City, Iowa, with the resulting Public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 3. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Interim Bonds and the Bonds when and if delivered, but otherwise without liability on the part of the City. -7- 141CROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I Section 4. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 5. All Resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. ISI Adopted and approved, May 13, 1980. i ay of Iowa t , wap (SEAL) hn Balmer, Mayor Attest: Abbie Stolfus, City Clerk -8- MICROFILMED BY JORM MIC R�LAB CEDAR RAPIDS • DES M0INES m r N RESOLUTION NO. 80-183 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DIiVI:LOPMEAT REVENUE INTERIM BONDS ($IGH CDUIIT:RY. CORPORATION), AND NOT TO EXCEN D $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT 01' INDUSTRIAL DEVL'LOI'M ENT REVENUE BONDS (HIGH COUNTRY CORPORATION) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Indus- trial Development Revenue Interim Bonds and Industrial Development Revenue Bonds, and .Loan the proceeds from the sale of said Interim Bonds and said EYmds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise con- sisting of hotel and restaurant facilities which the City finds � is consistent with the urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and i WHEREAS, the City has been requested by High i J, Country Corporation (hereinafter. referrwl to as I:h(- "Company") , to authorize and issue its Industrial 1y!vr_,l.0pmr:nt: Revenue Interim Bonds (the "Interim Bonds") pursuant to the provisions of the Act for the purpose of temporarily financing all or a portion of the cost of the acquisition of land within the City of Iowa City, Iowa and construction and equipping of i -3- i 141CROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES buildings and improvements thereon suitable for use as a com- mercial enterprise consisting of hotel and restaurant facili- ties (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds ( the Bonds") pursuant to the provisions of the Act for the Purpose of permanently financing all or a portion of the cost of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHERHiAS, said Interim Ponds, when issued, will be is,ued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunitius for resident, of the City and the :surrounding area; will enhance the tax base of the City and over.lappinq taxing jurisdictions and will provide and induce other public benul:it:; which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including -4- MICRIM111ED DY JORM MICR�LA13 CEDAR RAPIDS • DES MDIIIES i i i i , buildings and improvements thereon suitable for use as a com- mercial enterprise consisting of hotel and restaurant facili- ties (hereinafter referred to as the "Project"); and WHEREAS, the City has been requested by the Company, to authorize and issue its Industrial Development Revenue Bonds ( the Bonds") pursuant to the provisions of the Act for the Purpose of permanently financing all or a portion of the cost of the acquisition, construction, improving and equipping of the Project located within the City of Iowa City, Iowa; and WHERHiAS, said Interim Ponds, when issued, will be is,ued to temporarily finance the Project in anticipation of the issuance by the City of said Bonds, the proceeds of which, when issued, will be used to permanently finance the Project; and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan, adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment oppor- tunitius for resident, of the City and the :surrounding area; will enhance the tax base of the City and over.lappinq taxing jurisdictions and will provide and induce other public benul:it:; which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including -4- MICRIM111ED DY JORM MICR�LA13 CEDAR RAPIDS • DES MDIIIES n necessary expenses incidental thereto, will require the issuance by the City of not to exceed $7,500,000 aggregate principal amount of its Industrial Development Revenue Interim Bonds and not to exceed $7,500,000 aggregate principal amount Of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount- to Company under a Ivan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Interim Bonds and said Bonds, as and when the same shall be due; and WHEREAS, the Interim Bonds and Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Interim Bonds and the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Interim Bonds and the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Interim Bonds and such Bonds adopt a Resolution with respect to such Interim Bonds and such Bondn or tak;.- "some, other similar official action" toward the issuancr: of such Interim Bonds and such Bonds prior to the commencr:mant of -5- MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 I, I construction or acquisition relating to the proposed project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, '1')IBIWFOItI:, Be It and It Is hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows; Section 1. The City recognizes that regulations promul- gated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued I)y the City an(I used to acquire, construct, iml,rova zinc) e(iuip .;Itch proj(,ct i;; to be exempt from federal income tar.(,;;. In ordor U.) prerervo such exemption, this Resolution is intrmd(:d to con:;I.ilut(1 -6- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES j i construction or acquisition relating to the proposed project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Interim bonds and the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Interim bonds and said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, '1')IBIWFOItI:, Be It and It Is hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows; Section 1. The City recognizes that regulations promul- gated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Interim Bonds and Industrial Development Revenue Bonds issued I)y the City an(I used to acquire, construct, iml,rova zinc) e(iuip .;Itch proj(,ct i;; to be exempt from federal income tar.(,;;. In ordor U.) prerervo such exemption, this Resolution is intrmd(:d to con:;I.ilut(1 -6- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of such Interim Bonds and such Bonds. Section 2. That in order to assure the acquisition, construction, improvement and equipping of these commercial facilities in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 3. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs Of the Project an it considers appropriate, subjcet to reimbursement from the proceed:; of the, interim Bonds and the Bonds when and if delivered, but otherwise without liability on the part of the City. 98aw MICROFIL7RA JORMMCEDAR RAPIDS n Section 4. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of I Agreement. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, May 13, 1980. Y of Iowa CCity,J9 wa o n Balmer, Mayor At t: 2 A bie Stolfus, City lerk MILROFILFIEO BY JORM MICR+LA13 CEDAR RAPIDS • DES MOIHES 98 a0w