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HomeMy WebLinkAbout2008-06-17 ResolutionI'F~ ` i V June 17 , 2OOg The City Council of Iowa City, Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock r .M., on the above date. There were present Mayor aailey , in the chair, and the following named Council Members: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn Absent: ~***«** -1- 06- - 11 Council Member champion moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Hayek seconded the motion. The roll was called and the vote was, AYES; Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wri NAYS: Council Member Champion moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Hayek seconded the motion. The roll was called and the vote was, AYES; Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wr NAYS: Council Member Champion introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $9,150,000 GENERAL OBLIGATION BONDS, SERIES 2008A, AND LEVYING A TAX TO PAY THE BONDS" and moved that it be adopted. Council Member Ha;Tek seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Bailey Champion Correia Hayek O'Donnell, Wilburn, Wright NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 08-182 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $9,150,000 GENERAL OBLIGATION BONDS, SERIES 2t108A, AND LEVYING A TAX TO PAY THE BONDS -2- WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks; equipping of the fire, police and public works department, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $6,890,000 be issued for that purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of the Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds, and the Council is therefore now authorized to proceed with the issuance of Bonds; and RBI-IEREAS, the Issuer is in need of funds to pay costs of improvements to the Senior Center, including tuck pointing, roof, boiler and chiller repairs, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $700,000 be issued for that purpose; and WHEREAS, the Issuer is in need of funds to pay costs of City Hall lower level remodeling; miscellaneous improvements to City Hall and purchase of a generator for City Hall, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $645,000 be issued for that purpose; and WHEREAS, the Issuer is in need of funds to pay costs of the acquisition of art for public buildings and areas, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $590,000 be issued for that purpose; and WHEREAS, the Issuer is in need of funds to pay costs of improvements to the Mercer baseball field and General Rehabilitation and Improvement Program housing improvements, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $325,000 be issued for that purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and -3- R'HEREAS, pursuant to notice published as required by Section 384.26 of the Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $9,150,000 General Obligation Bonds, Series 2008A, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of -4- issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Bonds. • "Issuer" and "City" shall mean the City of Iowa City, Iowa. • "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file at DTC. • "Resolution" shall mean this resolution authorizing the Bonds. -5- • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levu and Certification of Annual Tax: Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $1,085,504 2008/2009* $1,100,119 2009/2010 $1,098,794 2010/2011 $1,096,656 2011 /2012 $1,098,706 2012/2013 $1,097,556 2013/2014 $1,100,356 2014/2015 $1,101,931 2015/2016 $1,102,282 2016/2017 $1,110,125 2017/2018 *Payable from available funds of the City. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2007, will be collected during the fiscal year commencing July 1, 2008). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of -6- the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on the Bonds issued in anticipation of the tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of the tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. The tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2008A NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to the fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. A_nnlication of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2007 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2007, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall 7- mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details. Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $9,150,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2008A", be dated June 3Q 2008, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, the interest payable on December 1, 2008, and semiannually thereafter on the lst day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 3.250% $ 795,000 2009 3.250% $ 810,000 2010 3.250% $ 835,000 2011 3.250% $ 860,000 2012 3.500°/a $ 890,000 2013 3.500% $ 920,000 2014 3.500% $ 955,000 2015 3.500% $ 990,000 2016 3.625°/a $1,025,000 2017 3.750% $1,070,000 2018 (b) Redemption. Bonds maturing after June 1, 2015, may be called for redemption by the Issuer and paid before maturity on such date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. -8- Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to beaz interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of the principal amount is prepaid, the principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi- annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest. payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other -9- matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. -10- Section 8. Registration of Bonds• Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unrnatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownershin. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. -11- (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated. Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. -12- Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Payine Atent or Re isg tray. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -13- Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (~) (8) (9) (9a (10) (Continued on the back of this Bond) FIGURE 1 (Front) -14- (10) (16) (Continued) FIGURE 2 (Back) -15- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE" "SERIES 2008A" Item 2, figure 1 Item 3, figure 1 Item 4, figure 1 Item 5, figure I Item 6, figure 1 Item 7, figure 1 Item 8, figure 1 = Rate: = Maturity: = Bond Date: June 30, 2008 = Cusip No.: _ _ "Registered" = Certificate No. = Principal Amount: Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (nrincipal amount written outl THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Iowa City, Iowa, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2008, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. -16- This Bond is issued pursuant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks; equipping of the fire, police and public works departments; improvements to the Senior Center, including tuck pointing, roof, boiler and chiller repairs; City Hall lower level remodeling; miscellaneous improvements to City Hall; the purchase of a generator for City Hall; the purchase of equipment for city offices and the acquisition of art for public buildings and areas; improvements to the Mercer baseball field and General Rehabilitation and Improvement Program housing improvements, in conformity to a Resolution of the Council of the City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2015, may be called for redemption by the Issuer and paid before maturity on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. -17- Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the. Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of the City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 =Date of authentication: Item 12, figure 1 =This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 =Registrar and Transfer Agent: City Controller Paying Agent: City Controller -18- SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (facsimile signature) Mayor ATTEST: By: (facsimile signature) City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT -READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or -19- enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s)- Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ............Custodian............ (Gust) (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between the City and the purchaser of the Bonds. -20- Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 17. Continuing. Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from -21- time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Reveal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 17th day of June , 2008. ATTEST: City Jerk _22_ CIG-3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Municipality hereto affixed this t8ch day of June , 2008. //[/fc~~..r~ 7C i~/~ifi1J - City lerk, Iowa City, Iowa SEAL 5 7 9906.1 \ W P 10714.091 Michael A. Mauro h P1f Of IO(,.1 Secretary of State -::...: W pf S p~ h° State of Iowa la RY Of 28E Agreement Y c FILED W N M501110 ~ 7/14/2008 9:08:04 AM 0 LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type "County Party 1 City of Iowa City City Johnson Party 2 University Heights City Johnson Party 3 Party 4 Party 5 not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and University Heights for the provision of transit service within the corporate limits of University Heights. (#08-183) Item 4. The duration of this agreement is: (cneckone) mAgreement Expires 6/30/2009 ^Indefinite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ^ NO m YES Filing # of the agreement: M037697 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(a~iowa-city.orq Phone 319-356-5043 ~~ Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 08-183 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2009 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS os-~ ~-oa 13 WHEREAS, Chapter 28E, Code of Iowa (2007 Supplement), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2009 at a rate of $31,740, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached FY2009 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 2. The City Clerk is directed to file electronically a copy. of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 17th day of June -, 208-~ c ATTEST: 71 - CI tERK gppi~ved by (J ~~~~ City Attorney's Office Pptlatlm/res/28E-IC-UHeights.doc Resolution No. os-1s3 Page 2 It was moved by chamyion and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: x x x x X x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpda Wgbssary/resolution-ic.doc RESOLUTION N0.08-08 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2009 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa (2008), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2009 at a rate of $31,740, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached FY2009 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 2. The City Clerk is directed to file electronically a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 8`" day July, 2008. w~~ Louise From, MAYOR ATTEST: (~~~ ~ . ~ G~~hO~ Christine Anderson, CITY CLERK Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319-356-5252 FY2009 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this ~d''~ day of J ~' , 2008, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa .City and the City of University Heights, as follows: I. Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa.City residents. II. No Separate Legal Entity No separate legal or administrative- entity will be created under this Agreement. I11. Duration The term of this agreement shall commence July 1, 2008, and continue through and including June 30, 2009. IV. Termination This agreement may be terminated upon thirty calendar days written notice by either party. V. Compensation The City of University Heights agrees to pay $31,740 for the provision of public transit service as herein described during FY2009. Payment shall be made in twelve monthly payments of $2,645 each, to be received by the City of Iowa City on or before the 15th of each month. VI. Additional provisions The Administrator, pursuant to Iowa Code Section 28E.6(1), shall be the Iowa City Director of Parking and Transit. All property acquired in furtherance of this agreement shall be and remain the property of the City of Iowa City. VII. Filing In accordance with Chapter 28E.8 of the Code of Iowa (2007 Supplement), as amended, this .agreement shall be filed electronically with the Secretary of the State of Iowa by the Iowa City Clerk. CITY OF IOWA CITY ~, c By: a D. Bailey, Mayor Attest: ~ ~! ~ City Jerk, Marian K. Karr App ed by: ~~/ ~ City Attorney's Office STATE OF IOWA ) ss: JOHNSON COUNTY ) CITY OF UNIVERSITY HEIGHTS r By: L ise From, Mayor Attest: City Clerk, ~er~y-~4asser ~hns~nc n1. Andtrso~ On this 7 ~' day of ~~.N ~ 20 O g before me, Sin d ra e r-1- , a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is .the corporate seal of the corporation, and that the instrument- was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (A~di~a~se) (Resolution) No. 0 8~ !g3 passed by the City Council, on the ~ ~h day of ~~ N ~ , 20 v g ,and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~ SONDRAE FORT a ~ Commission Number 159791 • My Commission F~pTres ~~~ ,~~ ow .~ a~ y Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 8th day of July 20 08 before me, Steven E. Ballard , a Notary Public in and for the State of Iowa, personally appeared Louise From and c. Andersorto me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was. signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. 08-08 passed by the City Council, on the 8th day of July - , 20 08 ,and that Louise From and Jerry Musser, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corp ration, by it voluntarily executed. -~ i:~ .,e.~~^~ s STEVEN E. BALLARD t' COMMISSION N0. 161385 :ao~ M~C,COMMISSION IXP/RES ~~~ ~ -1 ~ )~.,-nom Public in and for the State of Iowa ~~ 6-17-OS 14 Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 08-184 RESOLUTION AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR A STATE RECREATION TRAILS PROGRAM (SRT) PROJECT TO THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT), FOR DEVELOPMENT OF RECREATION TRAILS. WHEREAS, the City of Iowa City has approved a Capital Improvement Program that includes the phased development of the Sand Lake Recreation Area project area; and WHEREAS, the proposed trail connection between Sand Lake Recreation Area and the Iowa River Corridor Trail will increase access to multiple recreation activities; and WHEREAS, the proposed trail will enhance the quality of life of residents and visitors of Iowa City; and WHEREAS, under the provisions of State Recreation Trail program, state funding assistance is requested to aid in financing the cost of trail development; and WHEREAS, the City of Iowa City considers it in the best public interest to complete the trail development project described in the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for funding assistance; and 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation; and 3. The City Manager is authorized to sign the grant application form and any subsequent grant contracts with the Iowa Department of Transportation; and 4. Any funding assistance received be used for implementation of the project referenced above; and 5. Our organization hereby certifies that its share of project funding is committed and will be derived from City of Iowa City General Funds, General Obligation Bonds, or Donations & Contributions; and 6. Any property acquired or facility developed with SRT financial aid must be placed in use as an outdoor recreation facility and be retained in such use for twenty years unless otherwise provided and agreed to by the City of Iowa City and IDOT; and 7. This resolution will be included with a formal application to IDOT. Resolution No. 08-184 Page 2 Passed and approved this 17th day of June , 2008 M Y Approved by ATTEST: ~ 7r . 2t~ ~~ CITY ERK City Attorney's Office It was moved by Champion and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Correia x Hayek x O'Donnell g Wilburn x Wright j`mtp/res/srt-app doc M~ s-n-os 15 Prepared by: Kumi Morris, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 08-185 RESOLUTION REJECTING BIDS RECEIVED ON JUNE 10, 2008 FOR THE EAST SIDE RECYCLING CENTER PROJECT. WHEREAS, a single bid was received on June 10, 2008, for the East Side Recycling Center Project, and the bid exceeded the Engineer's Estimate by 40%; and WHEREAS, the Department of Public Works recommends that the Council reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT all bids received on June 10, 2008 for the East Side Recycling Center Project are rejected. Passed and approved this 17th day of ATTEST: ~i~'.~,t>e~st~ ~ ~~ CITY LERK e , 20 08 ~. MA App ved by tfu Ati taw City Attorney's Office ~ fl p~ It was moved by Chamoion and seconded by xa,~ek the Resolution be adopted, and upon roll call there were: AYES x x x x x X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pwenglreslRejectEastsitleRecyGing Eoc C ADVERTISEMENT FOR BIDS EAST SIDE RECYCLING CENTER PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:30 P.M. on the 10th day of June, 2008. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at its next regular meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 17`" day of June, 2008, or at a special meeting called for that purpose. A mandatory pre-bid meeting will be held on site at 2401 Scott Boulevard in the Restore Building on 22nd of May, 2008 at 10 A.M. The Project will involve the following: New construction, an addition and renovations to a recycling facility at 2401 Scott Blvd., Iowa City, Iowa. The Environmental Education Center and associated site are targeted for Platinum LEED Certification. The facility consists of a 20,300 square foot addition to the existing building currently housing Habitat Restore, renovation and remodeling of the existing building, a new 2250 square foot Environmental Education Center, a motor oil recycling drop off, a wood chip and compost pick-up station, a salt storage building and abulk-water distribution station. The work includes site work, general building construction, mechanical systems, electrical systems and LEED documentation activities. Use of a ground-source heat pump system, photovoltaic fixtures and wind generated power will be incorporated into the mechanical and electrical packages. All work is to be done in strict compliance with the plans and specifications prepared by Shive-Hattery, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Construction Start Date: June 17, 2008 Specified End Date: May 1, 2009 all paving work must be complete, June 1, 2009 Plantings must be complete, July 1, 2009 Project must be complete. Liquidated Damages Amount: $500.00/day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Iowa City Reprographics, at 114 South Dubuque Street, Iowa City, Iowa, 52240 phone number (319) 338-7872 by bona fide bidders. A $30.00 non-refundable and $120.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Iowa City Reprographics. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). R-1 The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515)242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pweng\adbids\recycling center.dx R-2 j~ ADVERTISEMENT FOR BIDS EAST SIDE RECYCLING CENTER PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City Iowa, before 2:30 P.M. on the 10th day of June, 2008. Sealed proposals will be opened immediately the after by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed b' "for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopen d. Proposals will be acted upon by the City Council at its next regular meeting to be held in the Emma J. H at Hall at 7:00 P.M. on the 17'" day of June, 008, or at a special meeting called for that purpose. A man tory pre-bid meeting will be held on site at 2401 cott Boulevard in the Restore Building on 22nd of May, 20 at 10 A.M. The Project will volve the following: New constructs , an addition and renovations to a recycling fats ty at 2401 Scott Blvd., Iowa City, Iowa. The Environ ntal Education Center and associated site are targeted for Platinum LEED Certification. The facilit onsists of a 20,300 square foot addition tot a existing building currently housing Habitat Restore, renova' n and remodeling of the existing wilding, a new 2250 square foot Environmental Education Ce er, a motor oil recycling drop off, a w od chip and compost pick-up station, a salt storage building and a b -water distribution station. Thew rk includes site work, general building construction, mechanical system electrical systems and LE documentation activities. Use of a ground-source heat pump system, otovoltaic fixtures and wi d generated power will be incorporated into the mechanical and electrical pack es. All work is to be done in strict compliant with the plans and s ecifications prepared by Shive-Hattery, Inc., of Iowa City, Iowa, which have heretofore be approved by th City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form fu fished by e City and must be accompanied in a sealed envelope, separate from the one containing th ropo al, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, a sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF I A CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails toe a nto a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful perfo ante of the contract and maintenance of said Project, if required, pursuant to the provisions of thi notice a the other contract documents. Bid bonds of the lowest two or more bidders may be retained for period of n to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Ot r bid bonds wil a returned after the canvass and tabula- tion of bids is completed and reported to the City ouncil. The successful bidder will be required to furnis a bond in an amoun equal to one hundred percent (100%) of the contract price, said bond to be issued b a responsible surety ap oved by the City Council, and shall guarantee the prompt payment of all materia and labor, and also prote and save harmless the City from all claims and damages of any kind cause directly or indirectly by the op ration of the contract, and shall also guarantee the maintenance of the im rovement for a period of two (2) ear(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to t s Project: Construction Start Date: June 17, 200 Specified End Date: March 20, 2009; ith phase installation dates. The plans, specifications and propo ed contract documents may be examined at the ffice of the City Clerk. Copies of said plans and specifics ons and form of proposal blanks may be secured t the Offce of Iowa City Reprographics, at 114 South ubuque Street, Iowa City, Iowa, 52240 phone numbe (319) 338-7872 by bona fide bidders. A $30.00 non-refundable and 120.00 refundable fee is required for each set of plans a d specifcations provided to bidders or other i erested persons. The fee shall be in the form of a check, de payable to Iowa City Reprographics. Prospective bidders are vised that the City of Iowa City desires to employ minority con actors and subcontractors on City pro' cts. Bidders shall list on th Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business R-1 enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority co tors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, pr erence will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa estic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to a contract with respec to bidders who are not Iowa residents. The City reserves the right to reject any or roposals, also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa y, wa. MARIAN K. KARR, CITY CLERK pweng\adbids\recycling center.doc R-2 M-1~a U ~ Uti-17-US ~ -~ Prepared by Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 08-186 CONSIDER A RESOLUTION AUTHORIZING SUPPORT OF AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT'S COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FOR $40,000 AND A LOCAL MATCH OF A FIVE-YEAR, NO INTEREST $15,000 LOAN FOR FUNDS TO ASSIST KLEFFMAN NORTH AMERICA, INC. WHEREAS, the City's Economic Development Strategies and Policies include assisting the expansion of existing businesses and Kleffman North America, Inc. is a market research company located in Iowa City seeking to implement a $300,000 expansion project, and WHEREAS, the City Council Economic Development Committee has reviewed and approved support for a Community Economic Betterment Account (CEBA) application to the State of Iowa on behalf of Kleffman North America, Inc., which requires a local match, and WHEREAS, the City Council Economic Development Committee supports a local match to Kleffman North America, Inc. in the form of a five-year $15,000 no interest loan secured by an irrevocable letter of credit issued on behalf of Kleffman North America, Inc. from a recognized, FDIC insured financial institution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is authorized to submit an application to the Iowa Dept. of Economic Development fora $40,000 Grant from the CEBA on behalf of Kleffman North America, Inc. 2. The City of Iowa City will make a local match in the form of a five-year $15,000 no- interest loan which shall be secured by an irrevocable letter of credit issued on behalf of Kleffman North America, Inc. from a recognized, FDIC insured financial institution. 3. Upon approval of the terms of the loan agreement by the City Attorney, the City Manager is authorized to execute, terminate or amend the loan agreement with Kleffman North America, Inc. as circumstances warrant. Passed and approved this 17th day of June , 20 OS ~n ~ ATTEST: ~"/ CI LERK Resolution No. 08-186 Page 2 It was moved by champion and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: x X _~. x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatarglossary/resolution=c.doc ~~7 draft MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE JUNE 10, 2008 CITY HALL, LOBBY CONFERENCE ROOM, 7:00 A.M. Members Present: Regenia Bailey, Matt Hayek Staff Present: Wendy Ford Others Present: Joe Raso and Mark Nolte, Iowa City Area Development Group Daniel Abbott and Burkhard Kleffman, Kleffman North America RECOMMENDATIONS Hayek moved to recommend the CEBA application be granted to Kleffmann North America as discussed, seconded by Bailey. Carried 2-0 (Champion absent). CALL MEETING TO ORDER: Chairperson Regenia Bailey called the meeting to order at 7:04 A.M. CONSIDER APPLICATION FOR CEBA FUNDS - KLEFFMANN NORTH AMERICA INC.: Ford noted that the Members' packet has a memo detailing the Kleffmann North America application. She said Kleffman North America is planning a $300,000 expansion project for their offices in downtown Iowa City. They are requesting that the City sponsor their application to the State for a CEBA (Community Economic Betterment Account) loan in the amount of $40,000, for which there would need to be a match from the City. Ford stated that staff has suggested $15,000 for this loan. She then asked the representatives of ICAD Group and Kleffmann North America to talk about their company. Additionally, Ford noted a typographical error in the application to the City. [Section 2, 2.1, page 4 of the Iowa City application, what type and amount of financial assistance are you requesting from the City? $15,000, 5-year no-interest loan is still correct; for State funds of $40,000 -not $60,000 as stated.] Joe Raso, President of the Iowa City Area Development Group spoke to Members first, stating that they have enjoyed working with Kleffmann North America and he is looking forward to talking to more European companies. Burkhart Kleffman then spoke to Members, stating that he and his family have been in Iowa City now for several months. He further explained how Kleffmann chose the Iowa City area, and gave the Committee a brief history of the company. He talked about the application, stating that they are requesting this support as they are poised to take on more growth and need to be able to move quickly. He added that this expansion is quite large and therefore and that they need assistance to capitalize the growth they as they take on more clients. Ford noted that the expansion includes 12 new jobs over the next three years. She asked Burkhart to describe the jobs. He spoke to this briefly, noting that they have call center that will employ a few temporary workers. He added that they like this area for its recruiting potential - as they will also need employees with varying degree levels to staff this expansion. He spoke about needing project managers and project leaders, as well as other qualified individuals for these positions. He spoke about the need for people educated in research, and talked about how they will be working with their new product, the Amis program, as well. He pinpointed the need for highly qualified people with and research experience.. Bailey asked if Ford had a business plan for Kleffmann, and Ford noted that they do not yet have this, but they do have financial information. Dan Abbott stated that he would get the business plan for them to review. Bailey inquired about the company's community involvement, and Dan Economic Development Committee Meeting June 10, 2008 Abbott stated that he would like to look into this, and that he had planned to get in touch with Joe Raso in the next week to discuss just this. Members continued the discussion, all unanimously agreeing with staffs recommendation for this application. Hayek moved to recommend the CEBA application be granted to Kleffmann North America as discussed, seconded by Bailey. Carried 2-0 (Champion absent). STAFF TIME: Ford noted that the next meeting will be the third Tuesday in July at 8:00 A.M. -July 15, 2008. COMMITTEE TIME: None. ADJOURNMENT: Hayek moved to adjourn the meeting at 7:45 a.m. seconded by Bailey, meeting adjourned. Economic Development Committee Meeting June 10, 2008 Council Economic Development Committee ATTENDANCE RECORD 2008 TERM ~ ~ p ~ m NAME EXP. c'n m' rn ~ N o 0 Regenia 01102110 X X x X X X X Bailey Matt 01102ND X X X X X X X Hayek Connie 01102110 X X x x X X 0/E Champion Key' X =Present O =Absent O/E = Absent/Excused ~ ~ 3c 9 Prepared by: Marian K Kan, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-175 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided bylaw is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Los Cocos - 1921 Keokuk Street Fraternal Order of Eagles 11695 - 225 Hwy 1 West Passed and approved this 17th day of June , Zp 08 M R Approv y ATTEST: ~p,,.c~~ y~ i~ CIT CLERK ~.~ ~~ City Attorney's Office is ~7~e J It was moved by Champion and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey g Champion x Correia x Hayek g O'Donnell ~ Wilburn _ g Wright M~ - - 3c 10 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-176 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: See Attached Passed and approved this 17th day of f June 20 08 y, // // ~ / / Approv'dd by ATTEST: //(r~~st~r~ 11 ~ Y~~~tJ(~ va~c~az~~~ae-~ CIT CLERK ityAttorney'sOffice /~x7 0] It was moved by Champion and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey g Champion x Correia x Hayek X O'Donnell x Wilburn _~ Wright CIGARETTE PERMITS PRINTED 12-MAY-08 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE BIG RT 85 00140 00860 C RT CORPORATION B AMES 85 00074 00819 C OTIF LTD BREAD GARDEN MARKET & BAKERY Nor Go~n)C~~ro OS 00073 00873 C BREAD GARDEN OF IOWA CITY LC ~E.NEu7 C- ORE THE OS 00068 00868 C LLY STUCKER SEY' S GENERAL STORE #2761 pl- 6ugi,~quE ST, 07 00073 00081 C CASEY'S MARKETING COMPANY EY'S GENERAL STORE #2781 (J~~ (,QE,~. 02. 07 00074 00082 C CASEY'S MARKETING COMPANY CI ETTE OUTLET #18 05 00007 00083 C GARETTE OUTLET INC C B CAR THE 08 00070 00870 C UZSTER INC COLLEGE STREET BILLIARD CLUB ~ nr Go~r.16 lO 04 00001 00084 C DAVERSE II INC RENE~.il COLONIAL LANES lJCrr GofroC~ ~~ 85 00003 00820 C PERSHELL CORP RE~Eu~ C /PHARMACY #8539 06 00074 00855 C OWA CVS P RMACY LLC CVS HARMACY #8547 06 00075 00861 C A CVS PHARMACY LLC D 'S SHORT STOP CORPORATION 86 00022 00086 C ANIEL J GLASGOW DE OOD 85 00092 00087 V GER ENTERPRISES / I MART #1 L 87 00013 00088 C DELIMART PROPERTIES INC SWITCHED APP ADDRESS & BUS ADD FOR MAILINGS D I MART #2 87 00018 00089 C ELIMART PROPERTIES INC CIGARETTE PERMITS PRINTED 12-MAY-08 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE MART #3 98 00014 00810 C ELIMART PROPERTIES INC ,D~i MART #5 99 00006 00811 C ELIMART PROPERTIES INC DEN 00 00017 00812 C THERN DISCOUNT DEN DUBLIN UNDERGROUND THE 93 00001 00813 C DUBLIN UNDERGROUND INC E ASO THE MEXICAN STORE OS 00001 00814 C L PASO TIENDA Y TAQUERIA INC FA WAY STORES #034 03 00007 00815 C REWAY STORES INC F AY STORES #950 95 00006 00816 C AREWAY STORES INC FIELDHOUSE THE /JoT- Go~n1Cy ~ 04 00002 00818 C IOWA CITY FIELDH OUSE CO R~NEtJ F ERNAL ORDER OF EAGLES #695 98 00003 00817 C RATERNAL ORDER OF EAGLES #695 G Y'S #1 08 00074 00874 C LB BAUER INC G Y'S #4 OS 00075 00875 C LB BAUER INC GRIZZLEY' S SOUTH SIDE PUB ~~1' Ga1,~6 0 (~~~~ 99 00004 00823 C HMDS IG DRUG STORE #10 98 00001 00824 C RTIG DRUG COMPANY INC HUNTERS GLASS INC 08 00071 00871 C HEAD HUNTERS GLASS INC HY E DRUGSTORE 85 00013 00825 C Y-VEE INC E FOOD STORE #1 HY 85 00009 00826 C _ VEE INC CIGARETTE PERMITS PRINTED 12-MAY-08 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE -VEE FOOD STORE #2 85 00010 00827 C Y-VEE C H EE FOOD STORE #3 85 00011 00828 C Y-VEE IN HY E GAS (#1) 03 00004 00829 C -VEE INC ~I,lC. PIT STOP 08 00064 00864 C C PIT STOP LLC 'IC LYS 07 00070 00830 C B GAL INC IOWA CITY PIANO LOUNGE OS 00066 00866 C IOWA CITY GROUP LLC J 'S PLACE OS 00072 00872 C AMCO OF IOWA CITY INC ,J~N'S GROCERY, INC. 85 00054 00831 C VJOHN'S GROCERY INC KONNEXION THE OS 00069 00869 C SMOKERS UNLIMITED Ki & GO #422 85 00025 00833 C & GO LC ,KT~I & GO #51 O1 01087 00834 C UM & GO LC ~KjR~I & GO #52 O1 01088 00835 C ~ UM & GO LC & GO #53 Ol 01089 00836 C UM & GO LC L MIGHTY SHOP, INC. 85 00045 00837 C & M MIGHTY SHOP INC LA REYNA 05 00008 00838 C LA REYNA INC L OR DOWNTOWN 07 00072 00858 C ASON CAYLOR CIGARETTE PERMITS PRINTED 12-MAY-08 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE L UOR HOUSE LTD 03 00008 00839 C IQUOR HOUSE LTD LOYAL ORDER OF MOOSE LODGE #1096 87 00005 00840 C LOYAL ORDER OF MOOSE LODGE #1096 M ' S DELI & CATERING W~AS++~NGTON Sr. OS 00065 00865 C DP INC MAMA' S DELI & CATERING N. tJc'i~6~ S7, 08 00068 00868 KLDP INC Not' Ga1NU ~o RENEW N TH DODGE EXPRESS O1 01090 00841 C D EXPRESS INC -0N E GO CONVENIENCE STORES 00 00002 00842 C THE GO CONVENIENCE STORES INC PA MINI MART INC 05 00003 00843 C RTH MINI MART INC PICADOR THE 07 00057 00844 V NOT A MALFUNCTION INC R POPPY 06 00070 00846 C AKSHI A RJ' EXPRESS 07 00075 00847 C Z LLC RUSS' ORTHSIDE SERVICE O5 00005 00848 C S'NORTHSIDE SEVICE SC BLVD HAWKEYE CONVENIENCE STORE 00 00007 00849 C WKEYE OIL CO INC STUDIO 13 08 00067 00867 C WATER-B INC $i'~BURBAN BP AMOCO 97 00007 00850 C SUBURBAN INVESTORS LC SIaBCJRBAN BP AMOCO KEOKUK STREET 98 00012 00851 C SUBURBAN INVESTORS, L.C. T INI MART 03 00005 00857 C CTOR INC CIGARETTE PERMITS PRINTED 12-MAY-08 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE TO O BOWL 91 00009 00852 C SSISSIPPI VALLEY TOBACCO TOB OUTLET PLUS #537 97 00008 00853 C K TRIP INC WA T #1721 92 00012 00862 C AL-MART STORES INC W GREEENS #5077 85 00029 00854 C ALGREEN COMPANY WORLD CLASS CIGARS f.1oT (~ovJ6 rl~'o OS 00063 00863 C TALLMAN CONTRACTING LLC RENEu1 TOTAL CIGARETTE PERMITS: 69 n~.~, os-l7-oa D 3e 1 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 08-177 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositodes of the City of Iowa Ciry funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the Ciry of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in eHed under in effect under Name Location of Home Office Local Location pdor resolution this resolution U.S. Bank N.A. 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 Iowa State Bank & 102 S. Clinton St. Same 35,000,000.00 35,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. Regions Bank 131 Main Street Hills, IA 52235 132 E. Washington St. Iowa City, IA 52240 25,000,000.00 25,000,000.00 P.O. Box 387 Memphis, TN 38147-0001 West Bancorporation, Inc. 1601 22nd St., Suite 209 West Des Moines, IA 50266 Bank of the Wesi P.O. Box 73850 Cedar Rapids, IA 52407-3650 Wells Fargo Bank, N.A. 666 Walnut St. Des Moines, IA 50309 University of Iowa Community Credit Union Freedom Secudty Bank Farmers & Merchants Savings Bank Liberty Bank First American Bank 500 Iowa Avenue Iowa City, IA 52244-2240 140 Holiday Rd. PO Box 5860 Coralville, IA 52241 1550 S. Gilbert St. Iowa City, IA 52240 6400 Westown Parkway Des Moines, IA 50266 1207 Central Avenue Fort Dodge, IA 50501 Amedcan Bank & Trust 4301 East 53rd Street Davenport, IA 52607 Passed and approved this 17th day of 501 12th Ave, Ste 100 Coralville, IA 52241 229 South Dubuque Iowa City, IA 52240 301 S. Clinton St. Iowa City, IA 52240 112 S Dubuque St Iowa City, IA 52240 Same Same Same 205 E College Iowa City, IA 52240 640 Highway 1 West Iowa City, IA 52246 80522nd Avenue Coralville, IA 52241 me /7 , 2008 c 35,000,000.00 35,000,000.00 35,000,000.00 35,000,000.00 75,000,000.00 75,000,000.00 50,000,000.00 50,000,000.00 15,000,000.00 15,000,000.00 25,000,000.00 25,000,000.00 10,000,000.00 50,000,000.00 50,000,000.00 15,000,000.00 15,000,000.00 25,000,000.00 30,000,000.00 25,000,000.00 !,./~ ~ ~, /~ Aped b~ 6 //~ ~ ATTEST: ~t3iLLLL.CGx J ~r `~ ~~ ITY CLERK City Attorney's Office Resolution No. 08-177 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x X ~_ x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpda W9lossary/resolution-ic.doc ~~ 06-1 -OS 3e(2) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. O8-178 RESOLUTION AMENDING THE ADMISSIONS AND CONTINUED OCCUPANCY POLICY FOR PUBLIC HOUSING TO INCLUDE AN EXCEPTION FOR VICTIMS OF DOMESTIC VIOLENCE. WHEREAS, in Resolution No. 08-81, City Council adopted the amended Public Housing Admissions and Continued Occupancy Policy (ACOP) for the Iowa City Housing Authority; WHEREAS, among the reasons listed in ACOP that the Housing Authority may deny admission to a family or evict a family is if a family member engages in violent criminal activity; WHEREAS, federal law provides that perpetrators of domestic violence can be denied admission or evicted, but not their victims; WHEREAS, although the domestic violence exception is listed in the section on admissions in ACOP, it was left out by mistake in the eviction section; and WHEREAS, it is in the City's best interest to amend ACOP to correct this oversight. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 20.02 of the ACOP is amended by adding the following: Although the HA may terminate public housing if a member of the tenant family has engaged in violent criminal activity, there is an exception for victims of domestic violence. Domestic violence includes threatened domestic violence, dating violence, and stalking as those terms are defined in 42 U.S.C. 1437d. The HA may terminate assistance to the member of the household who committed the domestic violence but not to the victim. The HA may, however, terminate assistance to the victim for other reasons not premised on the act of domestic violence. 2. The City Clerk is authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 17th day of June , 2008. ATTEST: ~~J ~- CITY tERK Approved by V ~~~; Ur4 City Attorney's Office Resolution No. 08-178 Page 2 It was moved by chamyion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x _~ x x X x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata~glossary/resoWtion-icdoc M~ os-1 -os 3e 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-179 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO PROMISSORY NOTES FOR THE PROPERTY LOCATED AT 1413 FRANKLIN STREET, IOWA CITY, IOWA. WHEREAS, on February 15, 1989, the owner executed a Promissory Note with the City of Iowa City to secure a loan; and WHEREAS, on November 13, 1989, the owner executed another Promissory Note with the City of Iowa City; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1413 Franklin Street, Iowa City, Iowa from a Promissory Note recorded March 7, 1989, Book 1049, Page 260; and from a letter and Promissory Note recorded November 28, 1989, Book 1093, Page 517 through Page 518 of the Johnson County Recorder's Office. Passed and approved this 17th day June , 2D~$_• r by ATTEST: S-3o-~CS' City Attorney's Office C It was moved by champion and seconded by xavek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~ Correia _ g Hayek g O'Donnell x Wilburn g Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington Sl., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Alan Achtner Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1413 Franklin Street, Iowa City, Iowa, and legally described as follows: Lot 4, and the south 10 feet of Lot 3, Block 1 in Highland Development Addition to Iowa City, Iowa; according to the plat thereof recorded in Book 2, Page 147, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. from an obligation of the owner, Alan Achtner, to the City of Iowa City represented by a Promissory Note recorded March 7, 1989, Book 1049, Page 260; and from a letter and Promissory Note recorded November 28, 1989, Book 1093, Page 517 through Page 518 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior ATTEST: /L'D 2i-,/.nom YC ~ '7CCCa~ C- CLERK STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~7 ~ day of ~u,y G , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on be~talf of the corporation by authority of its City Council, as contained in Resolution No. -~9 ,adopted by the City Council on the /7 ~ day ~.. nik , 20 0~ and that the said Regenia D. Bailey and Marian K. Kart as such officers acknowledged the execution of said instrument to be the voluntary ad and deed of said corporation, by it and by them voluntarily executed. JP r SONDRAE FORT /' LL ~ Commission Number 159791 5~+~+~ ° ~er`v My Commission Expires Notary Public in and for Johnson County, Iowa Ow 3 7 3 ~`~ S - 30 --o ~ City Attorney's Office os- os U 3e 4 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-180 RESOLUTION APPROVING AN AMENDMENT TO THE DECLARATION OF CONDOMINIUM REGIME FOR LOT 10, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, the City built a 2-unit residential condominium structure at 983 Longfellow Place and 985 Longfellow Court; and WHEREAS, a Declaration of Condominium Regime has been executed and recorded; and WHEREAS, the City sold 985 Longfellow Court and still is the owner of 983 Longfellow Place; and WHEREAS City staff and the owner of 985 Longfellow Court wish to amend the Declaration of Condominium Regime to correct the electrical specifications contained in Exhibit A to said declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The attached Amendment to Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises -Lot 10, Longfellow Manor Condominiums is approved. 2. Upon the direction of the City Attorney, the Director of Housing and Inspection Services is authorized to approve future amendments to said condominium declaration and to vote on behalf of the City of Iowa City at all meetings of the Association Lot 10, Longfellow Manor Condominium Owners Association. Passed and approved this 17th day of Approved: n City Attorney's Office ATTEST: /s~ .ri ~~SJ CITY C'ERK Resolution No. o8-i8o Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdafalglossary/re5olutionic.doc Prepared by & Return To' Susan Dulek Assl Citv Attorney 410E Washington St Iowa Citv IA 52240 (3191 356-5030 AMENDMENT TO DECLARATION OF SUBMISSION OF PROPERTY TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF PREMISES LOT 10, LONGFELLOW MANOR CONDOMINIUMS This Amendment to the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Owners of Premises, Lot 10 ("Declaration") is made and executed in Iowa City, Iowa, the 17th day of June , 2008, by the City of Iowa City, an Iowa municipal corporation, and Christine N. Hilderbrand ("DECLARANTS"), pursuant to Article XII of the Declaration and the provisions of the Horizontal Property Act, Chapter 499B, Code of Iowa (2007). WHEREAS, DECLARANTS are owners of both units within the condominium regime established by the Declaration recorded with the Johnson County Recorder July 24, 2007, Book 4195, Page 375 and located on the property legally described below; and Lot 10, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Records of Johnson County, Iowa. WHEREAS, DECLARANTS, pursuant to Article XII of the Declaration, desire and intend by filing this Amendment to amend the Declaration to provide a corrected Paragraph 16 of the General Specifications (Exhibit A). NOW, THEREFORE the DECLARANTS do hereby publish and declare that the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Owners of Premises, Lot 10, Longfellow Manor Condominiums recorded with the Johnson County Recorder July 26, 2007, Book 4195, Page 375 is amended by deleting Paragraph 16 of Exhibit A in its entirety and substituting in lieu thereof a new Paragraph 16 to Exhibit A, which is attached to this amendment and incorporated herein. IOWA CITY-Owner of 983 Longfellow Place D Attest: ~~/~~~ ~ City Chrk CHRISTINE N. HILDERBRAND-Owner of 985 Longfellow Court `!1'_--- CFirrstine N"Hilderbrand Approved: City Attorney's Office CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~7 rh day of ~u N E , 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT Sow ni ~Yf ~/ ° 4- ? Commission Number 159791 Notary Public -State of Iowa My C~ommi ~~Expires L._4 . My Commission expires:~~ ~ ~~q_a `~ HILDERBRAND ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ` ~~ J ~~~ 2008 by Christine N. Hilderbrand. Notary Public- the State of Iowa p+'"' `s~ ERIC RGOERS' / Commission Number 725734 ' / 9 " ~"" ' My Commission Expires My Commission expves: ` ~ 6((( c200 l NOVEMBER 26.2009 EXHIBIT "A" 16. ELECTRICAL A. Electrical Service: Install a 100 AMP service of the breaker type entrance. Electrical panel shall be mounted no higher than 54" above the floor. All switches shall be the 15 AMP easy-touch rocker type mounted 42" above floor. All plugs shall be ground type mounted 24" above floor. All plates for switches and plugs. All wiring to be grounded in Romex. Chime and signal light wiring for one door. 4 Pre-wires for telephones. 4 Pre-wires for television plugs. 3 Smoke detectors 5 Recessed kitchen can lights. 2 Ceiling fan with light 3 Surface mounted lights 1 exterior patio light 2 Weatherproof exterior plugs 2 Exterior recessed can lights 2 Bedroom ceiling lights 1 Exterior double spot light 2 Bath fan/lights 2 Bath vanity lights 2 Porcelain fixture in garage Garage door opener Laundry to have 11 Ov washer and 220v dryer plugs. Install wiring for gas furnace. Install wiring for electric air conditioning. Hook up all electrical appliances -dishwasher, cooktop, and ovens. Install a 30" vented hood. M-I~ 06-, o 3e 5 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-181 RESOLUTION APPROVING AN AMENDMENT TO THE DECLARATION OF CONDOMINIUM REGIME FOR LOT 11, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, the City built a 2-unit residential condominium structure at 960 Longfellow Place and 962 Longfellow Court; and WHEREAS, a Declaration of Condominium Regime has been executed and recorded; and WHEREAS, the City sold 962 Longfellow Court and still is the owner of 960 Longfellow Place; and WHEREAS City staff and the owner of 962 Longfellow Court wish to amend the Declaration of Condominium Regime to correct the electrical specifications contained in Exhibit A to said declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The attached Amendment to Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises -Lot 11, Longfellow Manor Condominiums is approved. 2. Upon the direction of the City Attorney, the Director of Housing and Inspection Services is authorized to approve future amendments to said condominium declaration and to vote on behalf of the City of Iowa City at all meetings of the Association Lot 11, Longfellow Manor Condominium Owners Association. Passed and approved this 17th day of Approved: ~tj 6-(f-off' City Attorney's Office ATTEST: ` CITY ERK Resolution No. o8-t81 Page 2 It was moved by Champion and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x X x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpd ata/<}ossary/resd W onic.doc Prepared by & Return To' Susan Dulek Asst Cdv Attorney 410E Washington St Iowa Citv IA 52240 (3191 356-5030 AMENDMENT TO DECLARATION OF SUBMISSION OF PROPERTY TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF PREMISES LOT 11, LONGFELLOW MANOR CONDOMINIUMS This Amendment to the Declazation of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Owners of Premises, Lot 11("Declaration") is made and executed in Iowa City, Iowa, the 17th day of June 2008, by the City of Iowa City, an Iowa Municipal Corporation, and Elizabeth C. Randall ("DECLARANTS"), pursuant to Article XII of the Declaration and the provisions of the Horizontal Property Act, Chapter 499B, Code of Iowa (2007). WITNESSETH: WHEREAS, DECLARANTS are owners of both units within the condominium regime established by the Declazation recorded with the Johnson County Recorder July 26, 2007, Book 4195, Page 417 and located on the property legally described below; and Lot 11, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Records of Johnson County, Iowa. WHEREAS, DECLARANTS, pursuant to Article XII of the Declaration, desire and intend by filing [his Amendment to amend the Declaration to provide a correct copy of the General Specifications (Exhibit A). NOW, THEREFORE the DECLARANTS do hereby publish and declare that the Declaration of Submission of Property [o Horizontal Regime Establishing a Plan for Condominium Owners of Premises, Lot 11, Longfellow Manor Condominiums recorded with the Johnson County Recorder July 26, 2007, Book 4195, Page 417 is amended by deleting Exhibit A in its entirety and substituting in lieu thereof a new Exhibit A, which is attached to this amendment and incorporated herein. CITY OF IOWA CITY-Owner of 960 Longfellow Place Mayo Attest: City rk ELIZABETH C. RANDALL-Owner of 962 Longfellow Court Elizabeth C. Randall Apprg~d,:~ City Attorney's Office CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this / 7 ~ day of J uA tr , 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Kart, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ae¢' SONDRAE FORT I ~U °~~. Commission Number 159797 Notary Public -Slate of Iowa T1®'C~ My Commission Expires dOo My Commission expves. 3 `7 ~ UU RANDALL ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ( , 2008 by Elizabeth C. Randal]. Notary Public- the State of Iowa o p~Al~ ANNIE PEDERSEN ' COMMISSION # 142510 My Commission expves: ~ MY OMMISSION EXPIRES /OWA EXHIBIT'~q~~ 16. ELECTRICAL A. Electrical Service: Install a 100 AMP service of the breaker type entrance. Electrical panel shall be mounted no higher than 54" above the floor. All switches shall be the 15 AMP easy-touch rocker type mounted 42" above floor. All plugs shall be ground type mounted 24" above floor. Atl plates for switches and plugs. All wiring to be grounded in Romex. Chime and signal light wiring for one door. 4 Pre-wires for telephones. 4 Pre-wires for television plugs. 3 Smoke detectors 5 Recessed kitchen can lights. 2 Ceiling fan with light 3 Surface mounted lights 1 exterior patio light 2 Weatherproof exterior plugs 2 Exterior recessed can lights 2 Bedroom ceiling lights 1 Exterior double spot light 2 Bath fan/lights 2 Bath vanity lights 2 Porcelain fixture in garage Garage door opener Laundry to have 11 Ov washer and 220v dryer plugs. Install wiring for gas furnace. Install wiring for electric air conditioning. Hook up all electrical appliances -dishwasher, cooktop, and ovens. Install a 30" vented hood. 3~<~~ AMENDMENT TO I{E~RATION OF SUBMISSION OF PROPERTY TO HORIZO AL EGIME ESTABLISHING A PLAN FOR COND MIN M OWNERSHIP OF PREMISES LOT 11~LONGFEL~{.OW MANOR CONDOMINIUMS This Amendment to th Declaration of Subm Sion of Property to Horizontal Regime Establishing a Plan for Condominium Owners of remises, Lot 11("Dec ration") is made and executed in Iowa City, Iowa, the day of , 2008, b the City of Iowa City, an Iowa Municipal Corporation, and Elizabeth C. Randall (" CLARANTS"), pursuant to rticle XII of the Declaration and the provisions of the Horizontal Property Act, Ch ter 499B, Code of Iowa (200 WITNES ETH: WHEREAS, CLARANTS are owners of both units ~[hin the condominium regime established by the Declaration recorded itb the Johnson County Recorder July 26, 007, Book 4195, Page 417 and located on the property legally descr' ed below; and Lot 11, Lo gfellow Manor, Iowa City, Iowa according to he plat thereof recorded in Book 35, ge 274, Plat Records of Johnson County, Iowa. WHERE S, DECLARANTS, pursuant to Article XII of the Dec ration, desire and intend by filing this Amendment [o a end the Declazation to provide a correct copy of the Genera pecifications (Exhibit A). NOW, THEREFORE the DECLARANTS do hereby publish an declare that the Declaration of Submission of roperty to Horizontal Regime Establishing a Plan for Condomini Owners of Premises, Lot 11, Longfellow M or Condominiums recorded with the Johnson County Recorder July 6, 2007, Book 4195, Page 417 is amended by eleting Exhibit A in its entirety and substituting in lieu thereof a new E ibit A, which is attached to this amendme t and incorporated herein. CITY OF IOWA CITY-Owner of Attest: ,/ ~O~f.t-~LUJ 9f ~~ City rk ELIZABETH C. RANDALL-Owner of 962 ~~~.,~.-b~y*~'~ (~~~.~ ~~.~ee-P Elizabeth C. Randall CITY STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of 1 for the State of Iowa, personally appeazed R,~genia D. Bailey by me duly sworn, did say that they ar~ the Mayor and executing the within and foregoing instrument; that the seal that said instrument was signed and sea}ed on behalf of said r that the said Mayor and City Clerk ~s such officers ackno voluntary act and deed of said corporaation, by it and by them i Appro~ve~d: ~,~~ City Attorney's Office before me, the undersigned, a notary public in and Marian K. Karr, to me personally known, who being Clerk, respectively, of said municipal corporation ed thereto is the seal of said municipal corporation; ipal corporation by authority of its City Council; and ged that the execution of said instrument to be the ltarily executed. My RANDALL STATE OF 10 A ) ss: JOHNSON OUNTY ) This instry!'ment was acknowledged before me on Notary Public-the State of Iowa State of Iowa by Elizabeth C. Randall. My Commission expires: ~AI-l~B~ 1 ae p e~ 16. ELECTRICAL A. Electrical Se ice: Install a 100 AMP servi of the breaker type entrance. Electrical panel shall be mounted no higher than 54" above the floor. All switches shall bete 15 AMP easy-touch rocker type mounted 42" above flo r. All plugs shall be gro d type mounted 24" above floor. All plates for switche and plugs. All wiring to be gro ded in Romex. hime and signal I' ht wiring for one door. 4 re-wires forte phones. 4 e-wires for levision plugs. 3 S ke dete ors 5 Rec ssed tchen can lights. 2 Ceilin fa with light 3 Surfac ounted lights 1 exterio atio light 2 Wea er oof exterior plugs 2 Ext riot re essed can lights 2 B room c ling lights 1 xterior dou a spot light 2 Bath vanity ligh 2 Porcelain fixture 'n garage Garage door open Laundry to have 11 v washer and 220v dryer plugs. Install wiring for gas f rnace. Install wiring for electri air conditioning. Hook up all electrical ppliances -dishwasher, cooktop, and ovens. Install a 30" vented hood. ,? ~~.®dr~ "'m~~'` ~ . ,~®,~~ CITY OF IOWA CITY os-~~-os 5 MEMORANDUM Date: June 12, 2008 To: City Council From: Jeff Davidson, Director; Department of Planning and Community Development Re: Agenda Items 5(g) and (h): Preliminary and final plats for Galway Hills Subdivision Parts 10 and 11; additional traffic calming measures for Shannon Drive At your June 3, 2008 City Council meeting, you considered the preliminary and final plats for Galway Hills Subdivision Parts 10 and 11. In the course of your discussion you asked staff to provide additional information regarding "traffic calming" measures which could be implemented on Shannon Drive. The following information is prepared for your discussion at the June 17 City Council meeting. As I indicated to you at your June 3 meeting, staff believes that the subdivision design we have worked out with the developer for Galway Hills Parts 10 and 11 will slow traffic down in the neighborhood to acceptable threshold levels for local and collector residential streets. It was indicated to you that additional measures beyond what we have already worked out with the developer will need to be at the City's expense because they are not a part of the subdivision regulations that the developer is required to adhere to. We also indicated to you that should traffic speed or volume levels in any part of Galway Hills be unacceptable following the completion of Parts 10 and 11, the neighborhood can request consideration under the City's traffic calming program. I would emphasize that the following measures which you are considering are not consistent with the traffic calming program because they have not been subject to measurement of traffic thresholds that the traffic calming program requires. The first item you asked us to evaluate is putting a traffic circle on Shannon Drive between the intersection with Tipperary Road and the proposed crossing of the Willow Creek Trail. If you wish to construct a traffic circle similar to the traffic circles which have been constructed on Kennedy Parkway in Cardinal Point Subdivision, it would mean negotiating reconstruction of the street with the developer in order for it to be widened enough to accommodate a traffic circle. The difference in expense would need to be funded by the City. We do not have a way to gauge exactly what this expense would be, but by the time it was designed, engineered, and constructed it would likely be in the $25,000-$50,000 range. A less expensive option would be to retrofit amid-block traffic circle similar to what was constructed on College Street between Summit Street and Muscatine Avenue several years ago (photo attached). This would be a landscaped asphalt traffic circle which would be constructed on top of the street pavement. This could be constructed by City crews at an estimated expense of $3,000-$5,000. With either of the above traffic circle options, there would be an ongoing operating expense for maintenance of the plantings. An additional option you asked us to evaluate is construction of the Willow Creek Trail across Shannon Drive as a raised speed table. A speed table is similar to a speed hump with a raised horizontal profile at the top to formalize a pedestrian crossing (example attached). There is an June 12, 2008 Page 2 existing speed table in Iowa City located on Newton Road near Westlawn. Such a design feature would serve to call out to motorists the trail crossing and provide better visibility for pedestrians and bicyclists. It would also serve as a traffic calming feature on Shannon Drive. The estimated expense to design, engineer and construct the speed table could be as high as $50,000 based on the expense of the Newton Road speed table. Again, this would be at the City's expense. To reiterate, staff feels the proposed design of the Galway Hills Part 10 and 11 street network is appropriate to keep traffic speeds and volumes moderated through the Galway Hills neighborhood. However, if you wish to see one of the above additional features implemented, please indicate accordingly at your June 17 meeting. The "formal" traffic circle and speed table options will involve revising the plats you have before you, so you would need to defer items 5(g) and 5(h) until the plats could be revised. The "retrofit" traffic circle option could be implemented with approval of the plats as presented. Let me know if you have any questions. cc: Michael Lombardo Rick Fosse Ron Knoche John Yapp June 12, 2008 Page 3 ppdadm/mem/galway101 Ldpc Mid-block Traffic Circle-College Street Speed Table Example Prepared by: Adam Ralston, Planning Intem, 410 E Washington St., Iowa City, IA 52240; 319-356-5230 (SU606-00003) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION-- PARTS 10 AND 11, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk, an application for approval of the preliminary plat of Galway Hills Subdivision-Parts 10 and 11, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Galway Hills Subdivision-Parts 10 and 11, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Bailey Champion Correia Hayek O'Donnell Wilburn Wright Approved by City Attorney s Office j Z ~/a y Prepared by: Adam Ralston, Planning Intern, 410 E Washington Street, Iowa City, IA 52240; 319-356-5230 (SUBOS- 00006) RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLATS OF GALWAY HILLS SUBDIVISION - PARTS 10 AND 11, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk of Iowa City, Iowa, the final plats of Galway Hills Subdivision -Parts 10 and 11, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Part 10 - Beginning at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S89°35'26"W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13°15'37"W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence S76°44'23"W, along said East Line, 170.00 feet; Thence N13°15'37"W, along said East Line, 185.00 feet; Thence S76°44'23"W, along said East Line, 12.88 feet; Thence N13°15'37"W, along said East Line, 85.00 feet; Thence N76°44'23"E, 120.00 feet; Thence N13°15'37"W, 5.00 feet; Thence N76°44'23"E, 170.00 feet; Thence N09°47'24"W, 91.71 feet; Thence S88°21'23"E, 88.39 feet; Thence N00°10'02"W, 22.95 feet; Thence N89°49'58"E, 151.00 feet; Thence N00°10'02"W, 292.00 feet; Thence S89°49'58"W, 314.00 feet; Thence S72°25'10"W, 173.67 feet; Thence N89°22'37"W, 81.14 feet; Thence N66°10'08"W, 48.25 feet; Thence N51°34'04"W, 69.80 feet; Thence N35°19'45"W,78.38 feet; Thence N23°08'02"W, 8.12 feet, to a Point on the East Line of said Galway Hills Subdivision, Part Three; Thence N05°26'24"W, along said East Line, 107.98 feet; Thence S64°52'30"W, along said East Line, 127.01 feet; Thence N89°40'41"W, along said East Line 108.05 feet, to a Point on the Southerly Line of Galway Hills Subdivision -Part Eight, in accordance with the plat thereof Recorded in Plat Book 47, at Page 111 of the Records of the Johnson County Recorder's Office; Thence N61°29'00"E, along said Southerly Line , 115.16 feet; Thence N34°29'52"E, along said Southerly Line, 106.22 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision -Part Nine, in accordance with the plat thereof Recorded in Plat Book 47, at Page 110, of the Records of the Johnson County Recorder's Office; Thence N07°03'26"E, along said South Line, 136.28 feet; Thence S82°56'34"E, along said South Line, 20.00 feet; Thence S07°03'26"W, along said South Line, 125.00 feet; Thence S83°27'53"E, along said South Line, 74.99 feet; Thence S87°32'11"E, along said South Line, 79.86 feet; Thence N89°48'19"E, along said South Line, 96.82 feet; Thence N79°47'13"E, along said South Line, 63.50 feet; Thence N78°18'51"E, along said South line, 67.61 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision -Part Seven, in accordance with the plat thereof, Recorded in Plat Book 46, at Page 166, of the Records of the Johnson County Recorder's Office; Thence N74°31'24"E, along said South Line, 101.52 feet; Thence S15°28'36"E, along said South Line, 41.35 feet; Thence N74°31'24"E, along said South Line, 66.00 feet; Thence N89°49'58"E, along said South Line, 406.54 feet, to the Southeast Corner thereof, and a Point on the East Line of the Southwest Quarter of the Northeast Quarter of said Section 18; Thence S00°10'02"E, along said East Line, 1286.98 feet, to the Point of Beginning. Said Tract of land contains 16.52 acres, and is subject to easements and restrictions of record. Part 11 -Commencing at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S89°35'26"W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book Ordinance No. Page 2 38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13°15'37"W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence S76°44'23'1N, along said East Line, 170.00 feet; Thence N13°15'37"W, along said East Line, 185.00 feet; Thence S76°44'23"W, along said East Line, 12.88 feet; Thence N13°15'37"W, along said East Line, 85.00 feet, to the Point of Beginning; Thence continuing N13°15'37"W, along said East Line, 26.42 feet; Thence N30°34'46"W, along said East Line, 153.93 feet; Thence N17°18'04"W, along said East Line, 396.07 feet; Thence N05°26'24"W, along said East Line, 20.12 feet, to a Point on the West Line of Galway Hills Subdivision Part Ten, in accordance with the Recorded Plat Thereof; Thence S23°08'02"E, along said West Line, 8.12 feet; Thence S35°19'45"E, along said West Line, 78.38 feet; Thence S51°34'04"E, along said West Line, 69.80 feet; Thence S66°10'08"E, along said West Line, 48.25 feet; thence S89°22'37"E, along said West Line, 81.14 feet; Thence N72°25'10"E, along said West Line, 173.67 feet; Thence N89°49'58"E, along said West Line, 314.00 feet; Thence S00°10'02"E, along said West Line, 292.00 feet; Thence S89°49'58"W, along said West Line, 151.00 feet; Thence S00°10'02"E, along said West Line, 22.95 feet; Thence N88°2123"W, along said West Line, 88.39 feet; Thence S09°47'24"E, along said West Line, 91.71 feet; Thence S76°44'23"W, along said West Line, 170.00 feet; Thence S13°15'37"E, along said West Line, 5.00 feet; Thence S76°44'23"W, along said West Line, 120.00 feet, to the Point of Beginning. Said Tract of land contains 5.23 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plats and subdivisions, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plats and subdivisions and after due deliberation, recommended acceptance and approval of the plats; and WHEREAS, a dedication has been made to the public, and the subdivisions have been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plats and subdivisions conform with all of the requirements of the Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The final plats of Galway Hills Subdivision-Parts 10 and 11, Iowa City, Iowa located on the above-described real estate are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by and specifically set aside portions of land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivisions, and to certify this resolution, which shall be affixed to the final plats after passage and approval by law. The City Clerk shall record the legal documents and the plats at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of , 20 Ordinance No. Page 3 ATTEST: CITY CLERK MAYOR Apprpved by / /~ City Attorney's Office S y y~~~. It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Bailey Champion Correia Hayek O'Donnell Wilburn Wright os-1~•oa 7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 960 LONGFELLOW PLACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 960 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to purchase 960 Longfellow Place for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for aloes-income family to obtain ownership of their own home; and WHEREAS, on June 3, 2008, the City Council adopted a Resolution proposing to convey its interest in 960 Longfellow Place, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 960 Longfellow Place, legally described as Unit 960 Longfellow Place of Lot 11, Longfellow Manor Condominiums, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $36,750. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by adopted, and upon roll call there were: AYES NAYS: ABSENT: the Resolution be Bailey Champion Correia Hayek O'Donnell Wilburn Wright Passed and approved this day of , 2008. MAYOR ATTEST: Approved by CITY CLERK City Attorney's Office 8 Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 35rr5138 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, 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 above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 8th day of July, 2008. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15th day of July, 2008, or at a special meeting called for that purpose. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK App oved by City Attorney's Office / /os wpdata\PW ENGIRESWBDurablepavementdw o - ~-oa 9 Prepared by: Dan Scott, Project Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565144 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 SANITARY SEWER REHABILITATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, 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 above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 8"' day of July, 2008. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat HaII, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15 day of July, 2008, or at a special meeting called for that purpose. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Appro ed by ~li .~~~iu2r~1~~~ City Attorney's Office ~/~/o ~ Pweng/res/08sansewer-rehab appp8s.doc 6/08 o -17- e 10 Prepared by: Sarah Okedund, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, 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 above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 8'h day of July, 2008. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15` day of July, 2008, or at a special meeting called for that purpose. Passed and approved this day of . 20 MAYOR Approved by ATTEST: ~~~~ CITY CLERK Clty Attorney's Office ~ / ~~ ~ ~ pweng/reslhighlandcourt-app8s.doc 06-17-OS 16 Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2008 UPDATING OF RATES FOR BASIC CABLE SERVICES WHEREAS, pursuant to the public law and the regulations of the Federal Communications Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic cable television services provided by Mediacom Communications Corporation [d/b/a MCC Iowa, LLC] (Mediacom) in the authorized franchise area encompassing the City; and WHEREAS, by cover letter dated April 24, 2008 Mediacom proposed changes to its rates for basic cable programming, equipment installations and equipment rentals to be effective August 1, 2008 and enclosed an FCC Form 1240 dated April 24, 2008 supporting a requested rate of $11.62 per subscriber per month [inclusive of FCC regulatory fees] for cable programming services, and also an FCC Form 1205 dated April 24, 2008 in support of its proposed rates for cable equipment installations and rentals; and, WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings and has determined that Mediacom's FCC Form 1240 was properly developed and supports the proposed rate for basic cable programming services and that Mediacom's FCC Form 1205 was properly developed and supports the revised rates for equipment installations and rentals; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: (1) The FCC Form 1240 filed with the City on April 24, 2008 is accepted and the Maximum Permitted Rate of $11.62 per subscriber per month [inclusive of FCC regulatory charges] determined thereby for basic tier cable programming service to be effective for period of August 1, 2008 through July 31, 2009 is approved. Mediacom shall utilize the Maximum Permitted Rate and its components of this FCC Form 1240 when performing the true-up calculation on its next FCC Form 1240. (2) A rate of $11.62 per subscriber per month [inclusive of FCC regulatory charges] for basic tier cable programming service is approved to become effective as requested on billings rendered after August 1, 2008. This rate will be represented on subscribers' bills in the two components of $11.55 for programming service and $0.07 for the FCC regulatory charge. (3) The FCC Form 1205 filed with the City on April 24, 2008 is accepted and the Maximum Permitted Rates determined thereby for basic service equipment rentals and installations to be effective for period of August 1, 2008 through July 31, 2009 are approved. 2 (4) The rates proposed for basic service equipment rentals and installations filed with the City on April 24, 2008 are approved to become effective as requested on billings rendered after August 1, 2008. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: and seconded by NAYS: Approved by ~~ G ~-/(~oS' City Attorney's Office the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright