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HomeMy WebLinkAbout2002-12-10 Resolution Prepared by Marian K, Karr, City Clerk, 410 E. Washington St,, Iowa City, IA B2240 {319) 356-5041 RESOLUTION NO. 02-402 RESOLUTION TO ISSUE ClGARE'I-I'E PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, 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: Quality Vending Services -- 783 Hwy I West Passed and approved this 10th day of December ,20 02 Approved by CI'I"f~LERK ' City Attorney's Office It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn RESOLUTION NO. 02-403 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordin_ance_sj and having a valid beer, liquor, or wine license/permit, to wit: Gabe's -- 330 E. Washington Street Highlander Inn and Conference Center -- 2525 N. Dodge Street It was moved by Champion and seconded by O'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X __ Vanderhoef X Wilburn Passed and approved this 10th day of December , 20 02 . CIT'C~CLERK City Attorney's Office clerk\res\danceprm.doc Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5110 RESOLUTION NO. 02-404 RESOLUTION SE'I-DING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REPLACEMENT OF THE CITY PARK POOL FILTRATION SYSTEM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS & RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, iOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 7th day of January, 2003, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by · the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 10th day of December ,20. MAYOR Approved by City Attomey's Office It was moved by £ham.n'inn and seconded by n' nnnn~J'l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner --X- Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Ross Spitz, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 02-405 RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Highway 6 Landscape improvements as included in a contract between the City of Iowa City and Iowa City Landscaping of Iowa City, dated September 10, 2002, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been flied in the City Cierk's office; and WHEREAS, the final contract price is $57,615.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ].0th dayof December ,20 02 Approved by Cit~ ~Aitorne~'s Office It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 02-406 RESOLUTION ACCEPTING THE WORK FOR THE CONTRACT 3 - SOUTH PLANT IMPROVEMENTS, WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Contract 3 - South Plant Improvements, Wastewater Treatment and Collection Facility Improvements, as included in a contract between the City of Iowa City and Story Construction, Co., of Ames, Iowa, dated May 15, 2000, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $26,457,779.06. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 10th dayof December 20 02 Approved by CITY"~LERK City'S, It was moved by ChamD'ion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~' O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Daniel Scott, 410 E. Washington St., iowa City, IA 52240 (319) 356-5144 RESOLUTION NO, 02-407 RESOLUTION ACCEPTING THE WORK FOR THE COURT HILL SANITARY SEWER IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for censtruction of the Court Hill Sanitary Sewer Improvement Project, as included in a contract between the City of Iowa City and Van Hauen and Associates of Clive, Iowa, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $1,084,650,15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 10th day of~ ., 20 02 . MAYOR Approved by CITY"~,-E RK ' C-~t~ l~'t o rn e~' s O ff~ce It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~' O'Donnell X Pfab X Vanderhoef X Wilburn pwe ng\res~cou r thilsa n swr.dcc 11/02 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-408 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR FIRST AND ROCHESTER - PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has cedified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for First and Rochester - Part Four, as constructed by Bockenstedt Excavating, inc. of Iowa City, Iowa. Paving improvements for First and Rochester - Part Four, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 10th day of December ,20 02. Approved by CI'I'~CLERK City , orney's Office It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell × Pfab X Vanderhoef X Wilburn pwen g/res/fl rst&rochpt4.doc ENGINEER'S REPORT December 2, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: First and Rochester- Part Four Honorable Mayor and Counci[persons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for First and Rochester - Part Four have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer pweng/Itrs/rf-First&Rochpt4 doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356 5000 · FAX (319) 356-5009 Prepared by: Denny Cannon1 Asst. City Engineer, 410 E. Washington St., iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-409 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR HOLLYVVOOD MANOR - PART 7, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line and water main improvements for Hollywood Manor - Part 7, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Paving improvements for Hollywood Manor - Part 7, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 10th dayof December ', 20 02. MAYOR CiTY, CLERK . - , It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn ENGINEER'S REPORT December 2, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Hollywood Manor - Part 7 Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main and paving improvements for Hollywood Manor- Part 7 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer pwen g/Itrs/rf-hollywd m hr7 doc 410 EAST WASHINGTON STREET · [OWA CITY, IOWA 52240-1826 · (319) 356 5000 * FAX (319) 356-5009 Prepared by: Mitch Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-__ RESOLUTION NO. 02-410 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE PARTIAL RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 11-17, NORTH AIRPORT DEVELOPMENT SUBDIVISION WHEREAS, the City possesses a 50' wide access and drainage easement across Lots 11-17 of North Airport Development Subdivision; and WHEREAS, the Airport has requested that the width of said easement be reduced to 30'; and WHEREAS, the area to be released is legally described and designated in the release and Exhibit A attached hereto; and WHEREAS, the Planning and Community Development Department and Public Works Department have recommended the release of said portion of the easement area to reduce its width to 30'; and WHEREAS, it is in the public interest to release said portion of the easement area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council find it is in the public interest to release the portion of the easement legally described and designated in the release and Exhibit A attached hereto. 2. The City of Iowa City does hereby abandon, release, and relinquish all right, title, and interest in the portion of the access and drainage easement area described and designated on Exhibit A attached hereto, and The Mayor is hereby authorized to sign and the City Clerk to attest, a partial release of the easement sufficient for recordation. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, along with the appropriate release, said recording cost be paid by the owner of the subject property. Passed and approved this 101:h day offs20 _~__ ~. YOR'~ Approved by ATTEST: ~]¢~.~.._..2 ~ ~ ~'~ ,Z-/~..../~L CIT'C'6LERK C~'t~'/A't"c~fs (.5'ffi"ce' ' mit ch4o/nad/easeme~t r~ease/res.doc Resolution No. 02-410 Page 2 It was moved by Champion and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilbum Prepared by: Mitch Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 PARTIAL RELEASE OF DRAINAGE EASEMENT The City of Iowa City does hereby release all its right, title, and interest in and to the property legally described and designated on the plat attached hereto as Exhibit A, which is incorporated herein by this reference, from a lien or cloud upon the title placed thereon by the access and drainage easement grant held by the City by virtue of the final plat of North Airport Development Subdivision. This partial release of access and drainage easement shall not be construed as a release of the balance of the property subject to the drainage easement referred to above. Approved by CIT?~LERK 'City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /O day of d~c~i~.~. , A.D. 20 o.~ , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Emest W. Lehman 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. so.o ,E o.T I Cornmission Number 159791~ I~'1 MyCemmissionExpims I ~ ~a~ I-~rl ~- ?-O5 I Notary Public in and for the State of Iowa My commission expires: mit ch/b/nad/easement release/release O~OT A x, "x, ' ', ',, 17 16 15 14 18 12 11 10 '-----.::..::.. ...... , Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, iA 52240 (319)356-5246 RESOLUTION NO, 02-411 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST FEDERAL, LACROSSE, WISCONSIN FOR PROPERTY LOCATED AT 1705 FLATIRON DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Modgages in the total amount of $29,000, executed by the owner of the properly on October 9, 1998, and recorded October 15; 1998, in Book 2595, Page 226 through Page 229, and in Book 2595, Page 230 through Page 233, in the Johnson County Recorder's Office covering the following described real estate: Lot 132 in Mount Prospect Addition, Part III, an addition to the City of Iowa City, according to the plat thereof recorded in Plat Book 15, Page 76, Plat Records of Johnson County, Iowa WHEREAS, these Mortgages where amended for a larger dollar amount; and WHEREAS, the City of Iowa City is the owner and holder of the two Amended Mortgages in the total amount of $33,000, executed by the owner of the property on July 5, 2000, and recorded on July 6, 2000, in Book 2984, Page 468 through Page 472, and in Book 2984, Page 473 through Page 477; and WHEREAS, First Federal, is refinancing a first mortgage in the amount of $52,~00 to the owner of 1705 Flatiron Drive and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the loan of First Federal, secured by the proposed mortgage in order to induce First Federal, to make such a loan; and WHEREAS, First Federal, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated the lien of said Mortgages with First Federal; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and First Federal, LaCrosse, Wisconsin. Resolution No. 02-411 Page 2 Passed and approved this loth dayof December ,20 02 . Approved by ClT'f'~L~-RK " City Attorney'~ Office It was moved by Champ~ion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/1705flatiron.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and First Federal of LaCrosse, WI, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgages which at this time is in the amount of $33,000 and were executed by Tracy Ann Robison Sage (herein the Owner), dated October 9, 1998, recorded October 15, 1998, in Book 2595, Page 226 through Page 229, and dated October 9, 1998, recorded October 15, 1998, in Book 2595, Page 230 through Page 233; and dated July 5, 2000, recorded July 6, 2000, in Book 2984, Page 468 through Page 472, and dated July 5, 2000, recorded July 6, 2000, in Book 2984, Page 473 through Page 477, Johnson County Recorder's Office, covering the following described real property: Lot 132 in Mount Prospect Addition, Part III, an addition to the City of Iowa City, according to the plat thereof recorded in Plat Book 15, Page 76, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $52,800 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the ~e?_{z~_;cc of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this .. I0 day of '~ecr-~l~2.- ,20 ~)~ . a~ FINANC~L INSTITUTION Mayor By City ~qerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ID day of ~C~e.~CL , 20 ~-, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared "~,.,~tJr t~). L,~.,.~r~,~ and Marian K. Kan', to me personally known, and, who, being by me duly swom, 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 (~) (Resolution) No. ~a.-- ¥-1 ( passed (the Resolution adopted) by the City Council, under Roll Call No. .' ~_ of the City Council on the /~ day of ~, 20 ~)~. , and that '~,,,~.-I- 60. L~l~m~.n and Madan 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. ,.---, ----.--...----- .b4~,~.lCom~,~NZ .RA,,,[~O,R~o~,lNotary Public in and for the State of Iowa I.~1 ~-7-o3 SUBORDINATION AGREEMENT Page 3 STA'~E OF WISCONSIN i SS: ha, C~3SSE COUNTY ) On this 22 day of ~ER , A.D. 20. 02 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared JOSEPH A KALUZNY and JERRY D EOTHUM , to me personally known, who being by me duly swom, did say that they are the ASSTST~ VICE PRESTDEN~nd VICE PRESIDENT , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed,and.se~led,oq ~half P~ .~,^ .-L said-comorationby utho' o' Board fDire ors; and that the said _.__ and t ) ~'~nl~ ~-~) ~ ~ as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~""~' ~ Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 02-412 RESOLUTION TO AMEND THE IOWA CITY PUBLIC ART PROGRAM PROCEDURES TO INCLUDE PROCEDURES FOR COMMUNITY-INITIATED PUBLIC ART PROJECTS AND FOR THE DEDICATION OF PUBLIC ART TO INDIVIDUALS. WHEREAS, the bylaws of the Public Art Advisory Committee require final approval by the City Council of procedures for the Iowa City Public Art Program; and WHEREAS, Procedures have been developed for community-initiated public art projects and for the dedication of public art to individuals; and WHEREAS, the Public Art Advisory Committee recommended approval of said procedures at their November 7, 2002 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Community-Initiated Public Art Application Procedure and Form, attached hereto, be adopted as part of the Iowa City Public Art Program Procedures; and 2. The Policy for Dedication of Public Art to Individuals, attached hereto, be adopted as part of the Iowa City Public Art Program Procedures. Passed and approved this 10th day of December ,20 02 Ap/l~oved by ~ CIT'~'~LERK C-~y~,ttorney's Offic~ It was moved by Champion and seconded by 0' Donne'[1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn ppddirtres\pubartproc doc COMMUNITY INITIATED PUBLIC ART APPLICATION PROCEDURE FORM The Iowa City Public Art program was created in 1997 to enhance the appearance of the city through the selection and integration of art in the public environment. ALthough most artwork purchased and instaJ[ed by the Iowa City Public Art Program has been initiated by the Public Art Advisory Committee, it is possible for members of the community to come forth with beneficial ideas that merit consideration for possible funding/support. The attached application should be completed and submitted with proposals to the Iowa City Public Art Advisory Committee for their review and possible recommendation to the City Council for final consideration. The Iowa City Public Art Advisory Committee meets monthly, typically on the first Thursday at 3:30 PM in the Lobby Conference Room of the Civic Center, 410 E. Washington St. Applications can be submitted to either Marcia Klingaman (356-52]7) or Kadn Franklin (]56-5232) at the Iowa City PLanning and Community Development Department on the Thursday before the PAAC meeting to be included on the agenda or the application can be submitted to the PAAC at their meetin~ durin~ "Public Discussion of any item not on the agenda". SELECTION CRITERIA Artwork proposals will be reviewed by the Public Art Advisory Committee for recommendation to the Iowa City City Council The Public Art Advisory Committee will evaluate the works of art based on the followin~ criteria: [] Verification that the artwork wiJJ be located on public property and be publicly accessible. [] Ability of the artist/applicant to complete the project within the proposed timeframe and budget. [] Commitment of proposed partners involved in the project. Application should include a clear explanation of the responsibilities of each entity involved in the project. [] Ability/willingness of the artist/applicant to work with the PAAC / staff. [] Ability of the applicant to provide funding (if proposed). [] Verification that the completed and installed artwork will become the property of the Iowa City Public Art program. [] Artwork meets design, safety and maintenance criteria, funding availability, appropriateness of the artwork for the site and how well it "contributes to the identity and viability of the community and promotes the image of Iowa City". SUBMII-rAL REQUIREMENTS · A completed Application Form (attached). · A site plan with building and grade elevation and building facades, showing the placement of the proposed artwork within the site proposed. · A narrative statement to demonstrate that the artwork will be displayed in an area open and freely available to the general public. · A narrative of the artist's concept. · Evidence of the value of the proposed artwork. · Maintenance requirements. · Visual representations of the artwork will be submitted in one of the following formats: - 8"x 10" photographs or 35mm slides or digital photos on 3 1/2" floppy or CD depicting several views of the artwork; - A model of the artwork; or - A graphic or artist illustration depicting several views of the artwork. · Budget detail COMMUNITY INITIATED PUBLIC ART APPLICATION FORM Project Name Project Location/Address AppUcant Name Phone No. E-Mail Address Applicant Address City/State Zip FAX No. TitLe of Artwork Medium Approximate Weisht. Dimensions Approximate Cost Location of Identification PLaque Description of Foundation Proposed Installation Date Distance Between PubLic Street and Artwork Landscape Hans Special ProbLems Dedication Hans (ATTACH ADDITIONAL SHEETS TO PROVIDE DETAILS IF NECESSARY) PLEASE ENCLOSE: (1) Artist backsround information (2) Budset Details (use form below), and (3) An artist's renderinR depictin8 severa[ views of the artwork as Located on the site plan. (IncLude surroundin8 buildins(s), 8rade elevations and buiLdin8 facades.) The renderin§ should be in one of the folLowin8 formats: - 8" x 10" photosraphs or 35mm slides or disita[ photo's on 3 1/2" floppy or CD depictin8 several views of the artwork - A model of the artwork - A 8raphic or artist illustration depictin8 severa[ views of the artwork BUDGET DETAIL EXPENSE CATEGORY PUBLIC APT FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS DESIGN FEE $ S ARTWORK COSTS CONSTRUCTION COST* 1. 2. 3. 4. 5. INSURANCE TRAVEL/SITE VISITS Other: TOTALS $ $ $ ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET *Concrete/ FI. atwork, Li~htinB/EJectrica[, LandscapinB, Demolition, Equipment Rental, PlumbinB, Install. ation, etc. I certify that the information provided in this appJication for the Public Art Pro~ram is true and accurate to the best of my knowledge. Signature: Title: Print Name: Date: DEDICATION OF PUBLIC ART TO INDIVIDUALS From time to time there may be individuals to whom the dedication of a public art piece is warranted. Those individuals should be persons noted for their significant contribution to the culture of Iowa City. Public art pieces may be dedicated to an individual provided one of the following procedures is followed: · At the time the public art project is conceived by the Public Art Advisory Committee, dedication to an individual is made part of the project concept. The proposed concept is then subject to the approval of the City Council pursuant to the Acquisition Procedures included herein. · An individual or group brings a proposal for dedication to an individual of an extant public art item or a proposed public art project to the Public Art Advisory Committee or the City Council. All proposals must be accompanied by credentials for the person to be honored relative to that person's contribution to the culture of Iowa City. All proposals must also include endorsements for the dedication from groups or individuals other than the proposer. Proposals will be considered by the Public Art Advisory Committee who will advise the City Council. The Council will make the final determination as to the appropriateness of the dedication. · This policy shall not apply to donated works. For policies regarding donated works, see the Accession section of these rules. Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 02-413 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSENT TO AMENDMENT OF RESTRICTIVE COVENANTS FOR WHISPERING MEADOWS PART 2, IOWA CITY, IOWA WHEREAS, the developers of Whispering Meadows Part 2, as majority property owners in the subdivision, are proceeding to amend the restrictive covenants for the development to allow for the construction of duplex residences and to remove a portion of the development from said covenants; and WHEREAS, said covenants may be amended by a vote of a majority of the lot owners and upon the consent of all mortgagees; and WHEREAS, as a sponsor of the Tenant to Ownership Program, the City is in the position of a mortgagee on Lot 81 of the subdivision, and therefore the City's consent is required to amend the covenants as proposed by the developer; and WHEREAS, the Director of Housing and Inspection Services, as Chief Administrator of the Public Housing Program, does not object to the proposed amendments, as zero lot line construction is already permitted and the amendment will not result in a large increase in density within the development; and WHEREAS, the execution of said covenants are in the public interest and advance the public health, safety and welfare of the citizens of iowa City, Iowa· NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Consent to Amendment To Restrictive Covenants for Whispering Meadows Part 2, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to forward the same to the Developer's Attorney to be recorded in the Office of the Johnson County Recorder at the property owners' expense. Passed and approved this 10th day of Deember , 2002· MAYOR Resolution No. 02-413 Page 2 It was moved by Champi on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Michael J. Pugh 321 E. Market Street Iowa City, IA 52244 (319) 354-1104 WHISPERING MEADOWS PART 2 AMENDMENT TO RESTRICTIVE COVENANTS This document amends the Restrictive Covenants dated January 18, 1994 and recorded March 30, 1994 in Book 1724, at Page 79, all in the records of the Recorder of Johnson County, Iowa. KNOW ALL 1VI~N BY TIIESE PRESENTS: The undersigned, representing a majority of the owners and all mortgagees of the above-described real estate in Johnson County, Iowa, hereby amend the Restrictiee Covenants on the above-described real estate, which..amendment shall be binding upon all the present and future mwaers of said real estate as covemi~its running with the land, and with such force and effect as if contained in each subsequent conveyance of said real estate: I Duplex dwellings may be constructed on the lots within the subdivision provided the construction of said duplex dwelling complies the zoning requirements applicable to this subdivision. 2. Lots 96 through 136 in the subdivision are hereby released from the requirements of these P~estfictive Covenants m consideration of the fact that these lots are being resubdivided as Whispering Meadows, Part Three. Separate Restrictive Covenants shall be filed in connection with the resubdi,osmn of these lots into Whispering Meadows, Part Three. Dated this ff~ ~'L'lt'day of October, 2002. C B DEVELOPMENT, LTD. Carol Barker, President Robert G. Barker, Secretary Owners of Lots: 96 through 136 STATE OF IOWA ) l'la, lbs ) SS: IOHNSON COUNTY) On this 2c~ dayof {9¢~1~.~' , 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carol Barker and Robert G. Barker to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that no seat has been procured by the corporation; that said instrument was signed on behalf of sa.id corporation by authority of its Board of Directors; and that the said Carol Barker and Robert G. Barker as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily execu~d.  motary Public in and~for said~tate WHISPERING MEADOWS, PART 2 CONSENT TO AMENDMENT TO RESTRICTIVE COVENANTS DATED OCTOBER 28, 2002 Dated this to day of -L~t~cff::sx~- ,2002. CITY OF IOWA CITY, IOWA Manb, m K. Kart, City Clerk Approved by orne 0ffioq_) STATE OF IOWA ) )SS; JOHNSON COUNTY) On this f o day of D£c~t3£ ~._ ,2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ernest W. Lehman 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 City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Kart acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ]~,fina[ SOnD~U~ FORt I Notary Public in and for the State of Iowa ~ ~lComm~ss~on Numl~* 1~1 I~'1 ~C~mi~ J WHISPERING MEADOWS PART 2 CONSENT TO AMENDMENT TO RESTRICTIVE COVENANTS Dated this __ da~'~o~f Owner of Lot(s): "xx Lot(s): or Mortgagee of Lot(s): or Mortgagee of Lot(s): STATE OF IOWA ) ) SS: JOI--~SON C OL~'TY ) On this da the undersigned, a Notary Public in and for said Coun, State, personally and me known to be the :al person(s) named in and who executed the within and ),oing instrument, to which this i attached, and acknowledged that they executed the same ; their voluntary act and deed. Notary Public and for the State of Iowa Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB02-00022) RESOLUTION NO. 02-414 RESOLUTION APPROVING FINAL PLAT OF NORTH AIRPORT DEVELOPMENT PART TWO, IOWA CITY, IOWA. WHEREAS, the owner, the City of Iowa City, filed with the City Clerk the final plat of North Airport Development Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 1, 2, 3, and 4 of North Airport Development, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 182, of the Records of the Johnson County Recorder's Office. Said Lots contain 26.74 acres, more or less, 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 plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated 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 subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall, record the Legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. 000376 Resolution No. 02-414 Page 2 Passed and approved this 10th dayof December ,20 02. S E,~l[ Approved by It was moved by VandePhoef and se~nded by ~]burn the Resolution be adopted, and upon roll ~11 there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X ~ab X Vande~f X Wilbum 000377 STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB02-00022 North Airport Date: December 5, 2002 Development Part Two GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Iowa City Airport Commission 1801 S. Riverside Drive Iowa City, IA 52246 Contact Person: Ron O'Neil, Airport Manager Phone: 356-5045 Requested Action: Final plat approval Purpose: To resubdivide Lots 1-4 of the North Airport Development subdivision Location: South side of Ruppert Road Size: 26.74 acres Existing Land Use and Zoning: Vacant; P/CI-1 Surrounding Land Use and Zoning: North: Vacant; P/CI-1 South: Airport; Public East: Commercial; CC-2 West: Commercial; CC-2 Comprehensive Plan: Intensive or Highway Commercial File Date: November 7, 2002 45 Day Limitation Period: December 22, 2002 60 Day Limitation Period: January 6, 2003 BACKGROUND INFORMATION: In 2000 the final plat of the North Airport Development, a 17-1ot, 57.13 acre intensive commercial development, was approved. The intent of the Airport Commission was to lease the lots in the North Airport Development to commercial tenants, and use the lease revenue to support airport operations. The Airport Commission now believes there is more of a market to sell the lots as opposed to leasing. In order to sell lots 1-4, on the south side of Ruppert Road, the Federal Aviation Administration (FAA) requires that the area defined as the Transitional Safety Zone remain in Airport control and not be sold. The intent of the North Airport Development Part Two subdivision is to separate out as outlots the area defined as the Transitional Safety Zone, on the south side of Lots 1-4. ANALYSIS: The proposed subdivision consists of four lots and four outlots. The four development lots are all accessed from Ruppert Road, a public street. The four outlots all border airport property, and are proposed to be created to satisfy transitional safety zone requirements. The Transitional Safety Zone is an area parallel to runways that has some height and use restrictions for aviation safety. The four outlots are accessible from Ruppert Road (Outlot lA borders Ruppert Road) for maintenance purposes. The outlots will remain the property of the Iowa City Municipal Airport. A note on the plat indicates that the outlots are to be controlled by the City of Iowa City to insure compliance with Transitional Safety Zone requirements. In other aspects, the proposed plat is consistent with the already approved North Airport Development subdivision. STAFF RECOMMENDATION: Staff recommends that SUB02-0002;~, a four-lot, 26.74-acre subdivision with four outlots located in the Public/Intensive Commercial zone on the south side of Ruppert Road, be approved, subject to the approval of legal papers prior to Council consideration. Kari,¢ Franklin, Director, Department of Planning and Community Development RM 20 CC2 - Cl 1 ,~- , p STLk;I~. ION: ~orth Airport Developme lot 11-17, Buppo~ Bd. SUB02-00022 Final Plat Iowa City, Iowa 12-10-02 Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB02-00017) RESOLUTION NO. 02-415 RESOLUTION APPROVING THE FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Dial Corporation, filed with the City Clerk the final plat of Silvercrest Residential Community, Part 2, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Lot 2 and Outlot "A" of Silvercrest Residential Community, as recorded in Book 40, Page 174, at the Records of Johnson County, Iowa, and Auditor's Parcel #2001- 001 (Lot 1) as shown on the plat recorded thereof in Plat Book 42, Page 28. +12.173 acres. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated 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 subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 02-415 Page 2 Passed and approved this 10th day of December ,2002 StOL, YOR , Approved by CITY CLERK City'Att'o~e~,'s (~ffice It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ;( Vanderhoef X Wilburn Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5400 RESOLUTION NO. 02-416 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN, WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Section 8 Administrative Plan for administration of the Section 8 Programs; and WHEREAS, the housing assistance programs would benefit from the adoption of the amended Section 8 Administrative Plan to include Homeownership mortgage suitability, definition of family, and preferences. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: A. That the update of the Section 8 Administrative Plan be adopted as the policy of the Iowa City Housing Authority effective immediately: B. That the City Clerk is hereby 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 10th day of December' ,2002. MAYOR ~oproved ~..~ _ CfI~LERK City Attorney's Office It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum hisasst\resol-sec8AMEND.doc CHESTER J. CULVER ~'~ HOOVER BUILDING, 2ND FLOOR IOWA SECR/0qq'ARY OF STATE ~ DES MOINES, IOWA 50319 Januaw 08, 2003 MARIAN K. KARR CITY CLERK, CITY OF IOWA CITY 410 EAST WASHINGTON ST. IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY, IOWA and the JOHNSON COUNTY, IOWA Dear MR KARR We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of January 08, 2003. Sincerely, Chester J Culver Secretary of State CJC/db Enclosures TI~:L (515) 281 5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us Prepared by: Joe'Fowler, Paddng &Transit, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 02-417 RESOLUTION APPROVING A PROPOSED 28-E AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2003 THROUGH JUNE 30, 2008, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL WHEREAS, there was a previous 28-E Agreement for paratransit service between the City of Iowa City and Johnson County; and WHEREAS, representatives of the City of Iowa City and Johnson County have negotiated a 28-E Agreement for pamtransit service for the period of July 1, 2003 through June 30, 2008, a copy of said proposed agreement being attach.ed hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The terms of the proposed 28-E Agreement for paratransit service between the City of Iowa City and Johnson County for the period of July 1, 2003 through June 30, 2008, attached hereto and incorporated herein by reference, are hereby approved in substance. 2. The Mayor. and City Clerk are hereby authorized and directed to execute a 28-E Agreement for paratransit service between the City of Iowa City and Johnson County for the pedod of July 1, 2003 through June 30, 2008, which incorporates the terms of the attached proposed agreement in substance. passed and approved this 10t:h day of.. December' ,2(~ 02 Approved by CITY b-"LERK {3~ ~ttomey's Office It was moved by Champion and seconded by. Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donneil Pfab Vanderhoef Wilbum 28EAg reem ent forParatransitService between the City of Iowa City and Johnson County for the period of July t, 2003 through June 30, 2008 This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred to as 'Iowa City", and Johnson County, Iowa, hereinafter referred to as =County". Scope of Services The County shall provide to Iowa City through Johnson County SEATS paratransit service consistent with the Americans VVith Disabilities Act and the policies of the Iowa City City Council and the Johnson County Council of Governments Paratransit Plan. General Terms 1. Paratransit service area for Iowa City shall be the corporate limits of the City of Iowa City. 2. Paratransit service shall be oPerated within the corporate limits of Iowa City from 6:00 a.m. until 10:30 p.m., Monday through Friday; 6:00 a.m.' until 7:30 p.m. on Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday. The paratransit service shall oPerate a holiday schedule consistent with Iowa City Transit. 3. Paratmnsit service shall be oPerated as a door-to-door service. If requested, Johnson County SEATS operators Shall assist passengers.from the door of the odgin to the door of the destination of each trip, including assistance in carrying groceries and packages. Johnson County SEATS oPerators shall be sensitive to the needs of passengers with disabilities. 4. The paratransit service shall be.oPerated with a fare which shall be twice the fixed route fare. Paratransit fares collected shall be retained by the County. The only exceptions to the 2 faro of twice the fixed route fare shall be Iowa City residents designated by Iowa City who ~q~alify.~_being entlt!~ t~ .~_disC°Unt- ;._s_u.~h .ind!v_id_u_~!s__s.~a~ ~be entit_led to~._~[atransit far_e equal to the fixed route fare. Reductions in the fare schedule will be done in consultation with the County to determine the commensurate reduction in revenue to the County. Any other fare collected on behalf of any contracting agency and administered by the paratransit provider will not affect the agreement with Iowa City. 5. Iowa City shall pay the cost of vehicle maintenance for any miles the paratransit vehicles are used in fixed route service. Iowa City will continue to have the option to use the vehicles from the Iowa City paratransit fleet when not assigned to Johnson County SEATS paratransit service. 6. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly marked as City of Iowa City and Johnson County (including City of Coralville) paratransit vehicles. Iowa City shall provide signage for the purpose of identifying vehicles that are in use as Iowa City-Johnson County (including City of Coralville) paratransit vehicles. Vehicles and personnel used to provide Iowa City-Johnson County paratransit service shall be neat and clean in appearance. 7. The County shall be familiar with the Johnson County Council of Govemments (hereinafter 'JCCOG") complementary paratransit plan for the Iowa City urbanized area and will conduct paratransit service consistent with said document. This will include Iowa City's determination of rider eligibility based upon a certification process. Johnson County SEATS shall notify I°wa City of request for ADA certification on a weekly basis at which time the applicant shall be entitled to continue to use SEATS for a 21-day grace period. It shall be Iowa City's responsibility to notify Johnson County SEATS as to whether the applicant is ADA eligible. Otherwise the applicant shall remain eligible for paratransit service. Prior'Ky for paratransit 'service will be given to persons certified under the ADA. 3 8. Johnson County SEATS shall maintain reporting statistics required by the Federal Transit ....... A_dm!nistratio? Nati~onal mrar~?it Database (fo ~rmel!y Federal Section 1~5 s_ystem). In add!!i0~ Johnson County SEATS shall provide a management information system consisting of information for each tdp provided. This information shall be submitted to Iowa City as a monthly report twenty days from the end of the previous month. Johnson County shall use a computerized management information system which will enable Iowa City to receive information in a summary format. The report is commonly identified as the "Performance Summary Report". Iowa City may request miscellaneous reports to assist it in its evaluation of SEATS services, These reports shall not create an undue administrative burden on SEATS management. 9. Johnson County SEATS shall comply with the Federal Transit Administration Drug and Alcohol testing requirements and shall be responsible for any and all costs associated with said drug and alcohol testing requirements. The County shall certify that they have not been debarred from federally funded contracting. Johnson County SEATS shall comply with any other requirements of the Federal Transit Administration. Johnson County SEATS employees shall have all commerCial drivers licenses required by Iowa law. The County agrees to be responsible for the acts of Johnson County SEATS employees while on duty. 10. Johnson County SEATS shall submit proof of insurance meeting the City of Iowa City Class II requirements. 11. Johnson County SEATS shall be permitted to use the Iowa City Transit fueling facility at a cost of $20 per month, plus fuel expense. 12. Iowa City will continue to apply for federal capital assistance.for replacement of vehicles. Further, Johnson County SEATS will be responsible for providing a user fee equal to the amount of the required local match for the purchase of replacement vehicles. 13. The following represents a basic description of dde policy and the agency resPonsible for the ride. 4 Iowa City ride - begins in Iowa City and ends in Iowa City, Coralville, or University Heights. Coralville dde - begins in Coralvilie and ends in Coralville, Iowa City, or University Heights. University Heights ride - University Heights resident ride that begins or ends in University Heights, Iowa City, or Coralville. Rural dde- Begins or ends in the non-urbanized area or is a county resident dding within the urbanized area. Special charters are the responsibility of the paratransit provider, regardless of origin and/or destination. Compensation and Duration 1. This agreement shall be for a pedod of five years effective July 1, 2003 through June 30, 2008. This agreement may be modified at any time by mutual written agreement of the parties. 2. The contracted amounts, as follows, represent the City's full and complete financial responsibility to Johnson County SEATS based on the terms of this agreement. The amounts as follows are payable in equal monthly installments during the course of the year. July 1, 2003 - June 30, 2004 - $687,803 July 1, 2004 - June 30, 2005 - $715,315 July 1, 2005 - June 30, 2006 - $743,927 July 1, 2006 - June 30, 2007 - $773,684 July 1, 2007 - June 30, 2008 - $804,632 3. Contract price may be reopened by either party if the price of fuel increases or decreases by more than $.50 per gallon from the rack price on the day this agreement is signed. If either party chooses to terminate this agreement, a one-year written notice must be provided. Extent of Agreement This Agreement shall be filed with the Secretary of State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Iowa Code 28E.8 (2001). The Agreement represents the entire agreement between. Iowa City and Johnson County for paratransit service. It may be amended only by a written instrument signed by beth parties. Assignment This Agreement is not assignable without written consent of both parties. CITY OF IOWA CITY JOHNSON COUNTY, IOWA Ernest W. Lehman, Mayor Chair 6 City Clerk County Auditor 'Approved by! City Attorney's Office CITY ACKNOWLEDGEMENT STATE OF IOWA ). ) SS: JOHNSON COUNTY ) On this /O day of ~cF,~ RF~_. , 20 ~)~-- , before me, Co~ens ~ ' , a Nota~ PuUic in a~ for ~ State ~ Iowa, ~monally ap~r~ E~st W. Lehman a~.MaHan ~ Ka~, to me ~monal~ ~, and, ~o, ~ing by me duly sworn, did say that t~y am ~ Mayor and C~ C~, ms~vely, of ~e C~ of Io~ C~, Iowa; ~ ~e seal ~x~ to ~ fo~oing instrument is ~ ~e ~al of t~ ~rafion, ~ ~ ~e ins~ment was s~ a~ sealed on ~half of ~ ~mfion~ by a~o~ of ~s C~ Coundl, as ~ntai~ in (~ (Resol~ion) No.- ~ ~ 7 pass~ by ~e CEy ~un~l,. on ~e /~ day of ~F~ .20 O~ , and ~at Ernest W. Lehman a~ Madan K. ~ a~~ ~e exe~ion of ~e ins~ment to ~ ~ir volunta~ a~ a~ ~ a~ ~e volunta~ a~ and d~ of ~e ~on, by E volun~Hly ex~. I ~ ~o. ~ ~ssTs~l Nota~ Public in and for ~e State of I~a COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this, /~/'l~( .d,ay of P~-~¢-~6/-~--- , 20 , before me, ~ lt~ ~/'~"t-¢' - , a~.Nqt~pj~P<ql;~jc,ip,_and for the State of Iowa, personally appeared` ,.'"~-=/ '"/w..~/)¢.~' an~l'(~r~tl~ne personally known, and, who, being by me duly sworn, ~li~l say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, Iowa; that the Seal 7 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 Board of Sqpervisors, as contained in ,the Motion adopted bY the Board of Sup~_rvisors, on the ~ .day of a~kn(~ledge the execution of the instrument to ~-~eir voluntary ~act and deed and the volunta[7 act and deed of the corporation, by it voluntarily executed. I '~11~'~1~ SJ co~sso~JUUE&~aU~E~mm N[~t~a~ Public ih and-for the State of 10wa r'~'l ~~ M~"o~nmission expires: Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 02-418 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. WHEREAS, City of Iowa City Resolution NO. 84-248 provides that the City may designate a non- profit organization (NPO) to manage and operate the local public access channel, functions, and equipment, and WHEREAS, the Franchise Renewal Agreement between the City of Iowa City and Cablevision VII, Inc. provides that certain funding, equipment, and facilities shall be provided to the NPO by Cablevision VII, Inc., and WHEREAS, it is deemed in the interest of the City to designate a private non-profit organization to carry out the public access function, and - WHEREAS, by Resolution No.00-160 the City entered into an agreement with PATV, Inc. to operate the local public access function from January 1,2000, through December 31, 2002, with a provision for extension of said agreement by mutual wdtten agreement, and WHEREAS, the City and PATV, Inc. have successfully negotiated the terms of a 3-year extension of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Public Access Television, Inc. be and is hereby designated as the non-profit organization (NPO) to manage and operate the local public access channel(s), functions, and equipment. 2. The proposed agreement, attached hereto and made a part hereof, is approved as to form and content. 3. The Mayor is hereby authorized to sign, and the City Clerk to attest, the attached agreement between the City of Iowa City and Public Access TeleVision, Inc., for funding, operation and management of the local public access function. Resolution No. 02-418 Page 2 Passed and approved this 10th dayof December ., 2002. Approved by C'IT'C"GLERK City ~,ttom~y'~ or'ce It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X' Pfab X Vanderhoef X Wilbum AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ("Iowa City") and Public Access Television, Inc., an Iowa non-profit corporation ("PATV"), (collectively "Parties" or "Party"). In consideration of their mutual promises, the Parties agree as follows: RECITALS 1. The City of Iowa City desires to provide support for the use of public access channel(s), namely non-commercial community p~ogramming channels provided pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. 2. For the purpose of this Agreement, public access does not include the government, public library, University of Iowa, or educational access channels. 3. The franchise agreement between Iowa City, Iowa and Cablevision VII, Inc. provides that certain payments shall be made by Cablevision VII, Inc. to support the public access channel(s). 4. For the purposes of this agreement, the definition of public access is providing members of the community with tools, training and channel space services. Community programming is the active production and management of programming by staff or trained producers for local nonprofit organizations in order to provide coverage of public events or activities of interest to the community. ExamPles of such public events or activities might include, but are not limited to, the 4"' of July fireworks, the Homecoming parade, Run for the School Road Races, school sporting events and church activities. PA']-V reasserts its goal to provide a spectrum of public access and community programming services to the community. 5. The City of Iowa City has designated PATV as the approved non-profit organization to manage and operate the local public access channel, function and equipment. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: Section 1. Scope of Services. In consideration of the funding provided to PATV pursuant to this Agreement, PATV shall perform the following services: A. Operate Public Access Cable Channel(s). Operate the public access cable channel(s) for public access and community programming purposes. Operation shall include, but not be limited to, responsibilities for administering, coordinating, and assisting those who request to use the access channel(s). B. Operate an Access Center. Provide a video production facility and equipment which shall be available for public use, the products of which shall be shown on the public access channel. C. Provide Equal Access. Allow access to equipment and facilities provided herein, together with cablecast time on the public access cable channel(s), on a non-discriminatory basis to all members of the community. This access shall be only for non-commercial programming purposes, whether individuals, groups, or organizations. D. Maintain Rules. Maintain written rules and guidelines for the use of the access equipment, facilities, and cablecast time in cooperation with the City. 2 Said rules and guidelines shall be consistent with the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 and FCC regulations. Further, any rules and procedures promulgated specific to times and hours of cablecast shall be content-neutral and consistent with the public forum doctrine, namely, time, place and manner. E. Training. Provide monthly training in the techniques of video Production and facilitate production of community programming by providing technical advice. F. Client Satisfaction. Conduct assessment of client satisfaction of relevant service, staff, and center offerings including but not limited to training, equipment availability and condition, and staff responsiveness. G. Programmin,q. Schedule and cablecast programs a minimum of 65 hours per week on the public access channel(s) according to the approved rules and guidelines. H. PATV shall regularly send program listing information to all appropriate agencies so that program information may be included in the local print media and on the digital tiers of the local cable TV company(les), if available. I. Maintenance of Equipment. Provide regular maintenance and repair of all video equipment. J. Promotion. Actively promote the use and benefit of the public access channel(s) and facilities to subscribers, the general public, access users, the City, and Cablevision VII, Inc. K. Community Pro,qrammin,q. PATV shall dedicate a minimum of 1/3 of its monthly programming hours to community programming. L. - Performance Review. In cooperati(in with the City and after three years of operation under this Agreement, or any renewal thereof, undertake a performance review which shall include an opportunity for public access users, cable subscribers, and the general public to provide comment. M. Other Activities. Undertake other community access activities as deemed appropriate by PA-I-V. For example, cable radio. N Compliance with Laws, Rules and Regulations. Administer the public access channel(s) and facilities in compliance with applicable federal, state, and local laws, rules, and regulations, the Iowa City Cable Telecommunications Franchise Enabling Ordinance, and in accordance with the franchise agreement between the City and Cablevision VII, Inc. Section 2. Proqrammin,q Content. PATV agrees to keep the public access channel(s) and services open to all potential users and free of censorship, subject to FCC regulations, the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and all other applicable local, state and federal laws. Parties agree that they will not attempt to control the content of programming placed on the public access channel(s) to the extent such programming is both lawful and also remains in compliance with the approved rules and guidelines. Section 3. Indemnification. PATV shall indemnify, defend and hold harmless the City, its officers, agents, and employees, from and against all claims, losses, liabilities, or damages; including payment of reasonable attorney's fees which may adse from the performance of this Agreement, or which may be caused in whole or in pad by any act or omission of PATV. The City shall indemnify, defend, and hold harmless PATV, its officers, agents, and employees 3 from and against any and all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may adse from the performance of this Agreement, or which maY be caused in whole or in part by any act or omission of the City. Section 4. Copyd.qht Clearance. Before cablecasting video transmission, PATV shall require all users to agree in writing that they have obtained all required dghts to all matedal cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations; representatives, and without limitation from the foregoing, together with agreements from any and all other persons as may be necessary to transmit its or their program materials over PATV's authorized channel(s). PATV shall maintain copies of all such user agreements for purposes of inspection by the other Party to this Agreement, upon reasonable notice given by said party, and for the term of the applicable statute of limitations. Section 5. Copyd.qht and Ownership. PATV shall own the copyright of any programs which it may choose, from time to time, to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming if such person so copyrights, subject, however, to PATV's continuing dghts to the videotape as physical property, to be established and governed by the approved rules and guidelines. Section 6. Distribution Ri,qhts. A. PATV shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the channel(s) whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond that distribution on channels authorized by this Agreement), so long as such other distribution is consistent with the approved rules and guidelines. B. Payments required to obtain cable television distribution dghts for programs acquired by PATV primarily for cablecast use may be made by PATV from funds granted under this Agreement. C. PATV shall display on a daily basis a credit stating "Partial funding for the operation of this channel is provided by Cabl'evision VII, Inc., and the City of Iowa City." Section 7. Equipment and Facilities. A. PATV shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to PATV under this Agreement or purchased with funds provided pursuant to this Agreement. B. PATV recognizes that this Agreement, or property purchased pursuant to this Agreement, may create a possessory interest subject to property taxation, and that PATV may be subject to the payment of property taxes levied on such interest. PATV agrees to pay any and all lawful and non-exempt taxes, assessments, fees or charges at any time levied by the state, county, city or any tax or assessment levying body upon any property interest in this Agreement or on any possessory dght which PATV may have in property, improvements, fixtures or equipment purchased as a result of this Agreement. In the event of protest, PATV agrees to pay said taxes under protest, and in no event will the City be responsible for any fees incurred as a result of such protest. C. PATV shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement, all such equipment or facilities shall be disposed of as described in Section 18.C of this Agreement. Section 8. Insurance. PA-FV shall maintain in full force and effect, and at all times dudng the term of this Agreement, insurance as required by this Section. The cost of such insurance shall be borne by PATV and may be paid from funds received pursuant to this Agreement. 4 A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, equipment, and comprehensive automobile liability for any vehicle owned, leased, or operated by PATV. B. Worker's Compensation, Full Worker's Compensation Insurance and Employer's Liability with limits as required by Iowa law. C. City as Co-Insured or Additional Insured. The City shall be named as co-insured or additional insured on all aforementioned insurance coverages. The policies shall provide that no cancellation, non-renewal or major change in coverage or expiration may be effected by the insurance company or PA-I'V without first giving the City thirty (30) days ,mitten notice pdor to the effective date of such cancellation, non-renewal or change in coverage. Any insurance or self-insurance maintained by the City, its officers, agents, employees, or volunteers, shall be in excess of PATV's insurance, and shall not be deemed as a contribution to PATV's coverage herein. D. Notification of Covera.qe. PATV shall file with the City Certificates of Insurance for coverages required above, to be filed within thirty (30) days of execution of this Agreement, and annually on the same date thereafter. Upon reasonable written notice, the City may request that Certificates of Insurance be provided at any time. Section 9. Non-Discrimination in Employment. PA'I-V shall not discriminate against any person, employee, applicant for employment, or subcontractor on the basis of age, color, creed, disability, gender identity, marital status, national odgin, race, religion, sex, or sexual orientation, or political. affiliation. Section 10. Independent Contractor. It is understood and agreed that PATV is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and PA'I-V. If in the performance of this Agreement any third persons are employed by PATV, such persons shall be entirely and exclusively under the control, direction, and supervision of PATV. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment shall be determined by PATV, and the City shall have no dght or authority over such persons or terms of employment. Section 11. Assignment. Neither this Agreement nor any interest herein shall be assigned or transferred by PATV, except as expressly authorized in writing by the City. Section 12: A. Annual Reports. PATV shall prepare and provide annually to the City, within 90 days following the end of each fiscal year, a written report of operational activities, which report shall include, but not be limited to, the following information: 1. Current and complete listing of PATV's Board of Directors. 2. Year-end financial summary. 3. Audited financial statements if requested by the City. if PATV chooses to conduct an audit at any time, copies will be provided to the City. B. PATV shall prepare and provide a whtten report each quarter on the following: 1. Wdtten quarterly reports on statistical comparisons fTom the previous year and to other similar access centers if such data is available. 2. Wdtten quarterly reports on the number of people trained, their rate of program completion, and whether affiliated with any University of iowa project or class. C. PATV shall provide: 1. Monthly reports at Iowa City Telecommunications Commission meetings. 2. Listing of community programming cablecast within the last month; PATV's role in the production of the community programming listed, if any; the nonprofit agency produced for or public event or other event covered determining that these are community programs; the run times of each program; and the list of public access programs and their run times over the last month. Section 13. Records. PATV shall maintain all necessary books and records, in accordance with generally accepted accounting principles. Section 14. Relationship with Cable Franchise. A. Funding. PA'tV shall receive funding as a result of the franchise agreements between the City and Cablevision VII, Inc. Pursuant to the aforerr~ntioned, funds will be made available to PATV as follows: 1. City shall pay to PATV annually on or about JanuaP/ 15th of each year an amount based on a 2002 annual payment of $178,448.55, subject to a yeady escalator as provided in the franchise agreement between Iowa City and Cablevision VII, Inc. and further subject to the provisions of Subsection A. 2 of this Section. 2. All of the above notwithstanding, funding from the City to PATV shall only be provided as long as Cable Television Franchisee is obligated to, and continues to, provide funding as specified in Subsection A. 1. of this Section. City shall not be obligated herein to make any payment to PATV unless and until such amount is - paid to Iowa City by Cablevision VII, Inc. B. Continued Services. 1. The parties shall continue to utilize dedicated channel(s) as provided for in the City's cable ordinance decreeing public access channel dedication. 2. The City will make reasonable efforts to enforce all provisions of its ordinance and franchise agreement regarding public access. Section 15. Expenditure of Funds. PATV shall spend funds received from the City solely for the purposes listed in this Agreement, and for the purpose of accomplishing PATV's mandate as described in PATV's Articles of Incorporation and Bylaws. Funds not expended in a given fiscal year may be carded over into succeeding fiscal years. Section 16. Fundin.q From Other Sources. PATV may, during the course of this Agreement, receive supplemental funds from other sources, including, but not limited to, fund raising activities. Section 17. Term of A,qreement. This Agreement shall commence on January 1, 2003, and end on December 31, 2005, unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual written agreement of the Parties, for an additional three year period as set forth below. Section 18. Termination of A.qreement: Transfer of Assets. A. The City shall have the right to terminate this Agreement for breach of any provision of the Agreement by PAl-V, upon sixty (60) days written notice to said breaching party, provided that the broaching party may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. The City may 6 also terminate this Agreement at the expiration of its term, or any extension thereof. The City may also terminate this Agreement it PATV is dissolved. B. PATV shall have the dght to terminate this Agreement for breach of any provisions of this Agreement by the City, upon sixty (60) days written notice to them, provided that said Parties may avoid termination by cudng any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. C. In the event of termination of this Agreement, a committee shall be formed of an equal number of representatives from PATV and the City, in order to determine the transfer and disposal of all assets and equipment in order to best serve public access and community needs. D. The City shall have the right to terminate this Agreement on thirty (30) days written notice to PATV in the event that funding for public access shall cease to be provided by operation of federal or other applicable law. In such event, and notwithstanding Section 14. hereof, the City shall have no liability to provide funding to PATV, nor shall the City be liable to PATV for any damages it may suffer of claim resulting from the termination of this Agreement. Section 19. Renewal of Agreement. This Agreement may be renewed or extended for additional periods, pursuant to the following process: A. If PA'IV seeks a renewal of this Agreement, it shall do so on or before June 30, 2005, by letter of intent to the City requesting renewal. B. The City shall respond to PATV's letter of intent to request renewal within sixty (60) days. Renewal may not be denied solely on an alleged failure of PATV to comply with the terms of this Agreement unless the City has provided PATV a written notice of the alleged default and opportunity to cure same, and PATV has not satisfactorily cured said default. 1. If the City indicates its desire to renew this Agreement, PATV shall, within sixty (60) days, submit to the City a letter outlining the content of the proposed new Agreements including items to be negotiated in the renewal process. 2. If the City indicates its intention not to renew this Agreement, they must delineate, in writing, specific reasons for said denial. PATV shall be afforded a public hearing, if requested by PATV, which headng shall be specific to PA'i-V's performance during the period of this Agreement and to the City's announced intention to deny renewal. C. Parties to this Agreement shall make all reasonable efforts to reach agreement specific to the renewal in order to prevent unnecessary interruption of the access services provided to the public under this Agreement. Section 20. Time. Time is of the essence in the perfon'nance of this Agreement and for the performance of all covenants and conditions herein. Section 21. Cooperation. Each Party agrees to execute all documents and do ali things necessary and appropriate to carry out the provisions of this Agreement in good faith. Section 22. Applicable Law. This Agreement shall be interpreted and enforced under applicable laws of the State of Iowa. However, the parties will consider the use of mediation in attempting to resolve any dispute between or among them. In the event of dispute which cannot be resolved through mediation or where mediation has been rejected by one or both of the parties, the courts of jurisdiction shall be the Iowa Distdct Court in and for Johnson County, Iowa, and the Southern United States District Court (Davenport Division). 7 Section 23. Attorney Fees. In the event a legal dispute arises concerning the terms and conditions of this Agreement, and specific performance, damages and/or criminal prosecution is sought, the prevailing party shall be entitled to reimbursement for all reasonable attorney fees and costs resulting from said litigation. Section 24. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To PA']V: Public Access Television, Inc. 623 S. Dubuque St. Iowa City, IA 52240 To City: City of Iowa City 4'10 E. Washington Street Iowa City, IA 52240 Any party may change its address for notice by written notice to the other pady at any time. Section 25. Entire Agreement. This Agreement is the entire agreement of the Parties, and supersedes all prior negotiations and agreements, whether written or oral. This Agreement may be amended only by written agreement. No purported oral amendment to this Agreement shall be valid. Section 26. Severability. In the event some portion of this Agreement is found invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written above. CITY OF IOWA CITY, PUBLIC ACCESS TELEVISION, INC. a municipal corporation a non-profit corporation Attest: ~ :~,2, ~.~3 Ma'ilan K~ Kan', City Clerk Date: b¢c~e,¢.~' /0~, ~-~- Date: I~- I(~- ~ % cabletv~agt~patv doc City Attorney's Office 12-10-02 '1 Prepared by: Dale E. Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356~5013 RESOLUTION NO. 02-419 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, A SEttLEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY, AN IOWA MUNICIPAL CORPORATION (CITY) AND MCC IOWA LLC, A DELAWARE LIMITED LIABILITY COMPANY (MEDIACOM). WHEREAS, Mediacom provides cable TV service in Iowa City pursuant to a franchise agreement; and WHEREAS, on or about September 27, 2002, the City notified Mediacom of alleged violation of the franchise agreement on the part of Mediacom; and WHEREAS, the City and Mediacom have negotiated a Settlement Agreement whereby Mediacom will provide certain notices, subscriber options, and incentives to subscribers, and the City shall withdraw its notice of noncompliance; and WHEREAS, the Iowa City Telecommunications Commission has reviewed the Settlement Agreement and unanimously recommends that the City Council approve the Settlement Agreement; and WHEREAS, Iowa City Cable TV subscribers will benefit from the terms and conditions set forth in the Settlgment Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign, and the City Clerk to attest, the attached Settlement Agreement between the City and Mediacom, a copy of which is on file with the City Clerk. Passed and approved this 101:h day of December ,20. 02 Approved by ClT'r'"CLERK City Attorney's Office Resolution No. 02-419 Page 2 It was moved by Pfab and seconded by 0'Donnel 1 the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum SETTLEMENT AGREEMENT THIS AGREEMENT ( Settlement Agreement ) is made mis 10 clay or , 033~30Z3, by and between the City of Iowa City, an Iowa municipal corporation ("C~C Iowa L.L.C., a Delaware limited liability company ("Mediacom"). RECITALS WHEREAS, Mediacom is the curr~nt holder of a franchise (the "Franchise") to provide cable television service in the City, pursuant to a Franchise Agreement dated December 5, 1995; and WHEREAS, on September 27, 2002, the City sent a letter (the "notification") from Assistant City Manager Dale Helling notifying Mediacom of the City's determination that Mediacom was out of compliance with various provisions of the Cable Franchise Ordinance and Franchise Agreement; and WHEREAS, the City sought liquidated damages to be rebated directly to Iowa City Cable Subscribers in the Notification; and WHEREAS, Mediacom denies and disputes the Franchise violation determination set forth in the Notification; and WHEREAS, in October 2002, Mediacom began discussions with City staff with the purpose of reaching an amicable settlement of the issues raised in the Notification; and WHEREAS, the City and Mediacom agreed upon a proposal to resolve the issues presented in the Notification; and WHEREAS, in the interest of avoiding further legal proceedings regarding this dispute, and in consideration of the mutual obligations and premises set forth herein, the City and Mediacom wish to resolve this matter through cooperation by entering into this Settlement Agreement. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE as follows: 1. MEDIACOM OBLIGATIONS 1.1 Mediacom hereby agrees that it will introduce new a la carte pricing for premium services such as HBO, Showtime, Cinemax, etc., to the residents of Iowa City as shown in Exhibit A (attached) Notice to subscribers of these changes will be sent in accordance with notice requirements of the franchise after execution of this Agreement by the City. 1.2 Mediacom will prepare correspondence subject to review by City staff that will inform all Iowa City cable subscribers who elected to receive a digital package following the elimination of analog delivered premium services January and February 2002 that they may elect to downgrade their digital package to one or more ala carte premium service at the new rates. The correspondence shall be sent within ten days following City staff review and shall further notify customers that Mediacom will credit the difference between the digital package and the new digital ala carte rate from February 2002 to the date of the correspondence. The correspondence shall notify customers that they will have a period of forty-five (45) days to elect the downgrade and receive the credit and that the credit to the bill will be reversed if the customer purchases a digital package within ninety (90) days following issuance of the Credit, Any credit reversals shall be calculated on a pro rata basis of the 90 day time period wherein the customer shall retain that portion of the credit equal to the number of days the customer used the ala carte premium service divided by ninety. 1.~_3 Mediacom shall also develop an additional direct mail piece for all current Iowa City cable customers to be reviewed by City staff that will include a coupon for $10.00 to be used on any upgrade of service fi'om their current subscription level. The coupon may be used separately or in conjunction with any other Mediacom promotional special or activity. The coupon may also be used on additional digital converter rentals. The coupon shall expire nine (9) months from the date of this Settlement Agreement. 1.4 Mediacom shall develop a simplified schedule of charges to be reviewed by City staff to clearly identify the services included in each package and option. The schedule shall be sent with the direct mail piece described in Section 1.3 of this Settlement Agreement. 2. CITY OBLIGATIONS 2.1 The City hereby deems the notice of violations set forth in the Notification to be rescinded. 2.2 The City shall cooperate with Mediacom to communicate the simplified schedule of services and packages on the City's Government Access channels and the City's cable web site. 2.3 The parties expressly recognize that this Settlement Agreement requires the approval of the City Council in accordance with City law. Such approval is a condition precedent to this Settlement Agreement. 3. SETTLEMENT 3.1 The parties acknowledge and agree that this Settlement Agreement settles and the parties hereby release all claims and causes of action which were or could have been asserted by either party against the other party with respect to the Notification. 3.2 This Settlement Agreement does not resolve and shall not affect any pending proceedings regarding regulation of Mediacom's rates, except to the extent otherwise specifically provided in this Settlement Agreement, and the City reserves its rights to order refunds and rate 2 reductions or pursue other remedies, to the extent consistent with applicable law and FCC regulations. 3.3 The preceding provisions and any releases conta'med therein shall not affect the fights and obligations of the parties hereto with regard to any future events or transactions, and the City and Mediacom expressly reserve all their rights regarding those issues. 3.4 This Settlement Agreement shall not be construed as an admission, concession or finding of fault on the part of Mediacom or the City and neither party shall raise any claim to the contrary. 4. MISCELLANEOUS PROVISIONS I 4.1 Effective Date: This Settlement Agreement shall be effective and binding upon the signatories once it has been signed by all signatories. 4.2 Binding Acceptance: This Settlement Agreement shall bind and benefit the parties hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. Any pmported assignment of this Settlement Agreement is void without the express written consent of the signatories. 4.3 Voluntary Agreement: This Settlement Agreement is freely and voluntarily given by each party, without any duress or coercion, and aider each party has consulted with its counsel. Each party has carefully and completely read all of the terms and provisions of this Settlement Agreement. Neither of the parties will take any action to challenge any provision of this Agreement; nor will they participate with any other person or entity in any such challenge. 4.4 Severabilit¥: If any term, condition, or provision of this Agreement shall, to any extent, be held, by a court of competent jurisdiction, to be invalid, preempted, or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the parties and shall thereafter be binding on the Mediacom and the City. 4.5 Governing Law: Except as to matters which are governed by federal law or regulation, this Settlement Agreement shall be governed in all respects by the law of the State of Iowa. 4.7 Captions and References: The captions and headings of sections throughout this Settlement Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Settlement Agreement. Such captions shall not affect the meaning or interpretation of this Settlement Agreement. APPROVED THIS t 0 DAY OF -D~_c~ g-e.a- , ,~oo,k City of Iowa City By: ~ ATTEST: City'Clerk Approved subject to applicable law thisD'~_ day of ~~ ,2002. MCC IOWA LLC. dliEIlO~BY By: (~)~ ~. ~1~,~ ~ ~'8 ~ '-- V.P. of Legal & Re~lato~ Affairs 4 I IOWA CITY ~ LA CARTE Service Desc~iption PJ~C~ Servic.~A (GAN-CBS, WGN, GOVERNMENT ACCESS, INFOVISION, KPXR-PAX, KVVWL-NBC, KFXA FOX, KCRG-ABC, LIBRARY CHANNEL. KIRKWOOD CHANNEL CSPAN, QVC, KILN- , PT,CSPAN2, CNBC, UITV, PUBLIC ACCESS. TV GUIDE, KVVKB-WB, NSN, EDUCATIONAL ~roadcastBasic $ 13.35 ~CCESS 22 KGAN-CBS, WGN. GOVERNMENT ACCESS, INFOVISION, KPXR-PAX, KWWL-N BC, KFXA- FOX, KCRG-ABC. LIBRARY CHANNEL, KIRKWOOD CHANNEL. CSPAN. QVC, CSPAN2, CNBC, UI"~/. PUBLIC ACCESS, TV GUIDE, KWKB-VVB. HSN. FOX NEWS CHANNEL. HALLMARK CHANNEL, OXYGEN, TVLAND, MTV, CNN. DISCOVERY, A&E, USA, MSNBC, LIFETIME, WEATHER CHANNEL, FX. TNT, VH-I. ANIMAL PLANET, HEADLINE NEWS, THE LEARNING CHANNEL, AMC, SPEED CHANNEL, DISNEY, FOX SPORTS CHICAGO, COMEDY CENTRAL. BRAVO, HGTV, ABC FAMILY. NICKELODEON. ESPN. E!, SOl-FI, CARTOON NETWORK, TCM, ESPN2, COURT TV, BET, CMT, TNN, HISTORY CHANNEL, TBS, UN[VISiON, I'RAVEL CHANNEL, WE. TBN, FOOD NETWORK. EDUCAllONAL =amil¥ C~ble $ 36.95 ACCESS,KIIN-IPT 65 AMERICA, NICK GAMES AND SPORTS, D~SCOVERY SCIENCE, TECH TV, FOX SPORTS WORLD. GOLF CHANNEL. OUTDOOR CHANNEL, WE, LiFETiME MOVIE NETWORK, FOX ::)igital Basic $ 4,OO MOVIE CHANNEL 16 A La Carte Combinations: Basic Cable Buy-Through (DCT is a monthly cost) Basic Service, Digital Converter, 1 Pay Channel Service Price Service Price service I Price I I Service I ~Price BASIC $ 13.35 BASIc $ 1~.35 BASI~ $ 1~.35 I IBAs~ $ 13.35 DCT $ 5.00I IDCT $ 5.00 DCT $ 5.00I IDCT $ 5.00 HBO $ 11.95 CINEMAX $ 9.95 SHOWTIME $ 9.95 ISTARZ! 9.95 Total $ 30.30 Total $ 28,30 Tota $ 28,30 Total 28,30 Basic Service, Digital Conveder, 2 Pay Channels Service Price Service Price__ I~ ~l Service Price 3ASIC $ 13.35 BASIC $ 13.351 ~ $ 13.35 DCT $ 5.00 DCT $ 5.00I IDCT $ 5,00 HBO $ 11.95 HBO $ 11.95I ~ $ 11.95 CINEMAX $ 9.95 SHOWTIME $ 9.95 ST~Z! $ 9.95 Total $ 40.25 Tota $ 40.25 ITotal $ 40.25 Basic Service, Digital Converter, 2 Pay Channels Service Price Service Price BASIC $ 13.35 BASIC $ 13.35 DCT $ 5.00 DCT $ 5.001 CINEMAX $ 9.95 CINEMAX $ 9.95 SHOWTIME $ 9.95 STARZ! $ 9.95 Total $ 38.25 Total $ 38,25 Basic Service~ Di,qital Converter~ 2 Pay Channels Service Price BASIC $ 13.35 DCT $ 5.00 SHOWTIME $ 9.95 STARZ! $ 9.95 Total $ 38.25 Basic Service, Digital Converter Service Price .Service Price Service Price Service Price BASIC $ 13.35 BASIC $ 13.35 BASIC $ 13.35 BASIC $ 13.35 DCT $ 5.00 DCT $ 5.00 DCT $ 5.00 DCT $ 5.00 HBO $ 11.95 HBO $ 11.95 HBO $ 11.95 SHOWTIME $ 9.95 CINEMAX $ 9.95 CINEMAX $ 9.95 SHOWI'IME $ 9.95 CINEMAX $ 9.95 SHOVV'FIME $ 9.95 ;STARZ! $ 9.95 STARZ! $ 9.95 STARZ! $ 9.95 $ 50.20 $ 50.20 $ 50.20 Total $ 48.20 Basic Service, Digital ConverIer, 4 Pa,/Channels Service Price BASIC $ 13.35 DCT $ 5.00 HBQ $ 11.95 CINEMAX $ 9.95 SHOVVTIME $ 9.95 STARZ! $ 9.95 Total $ 60,15 Customers must rent additional DCT to receive premium services on additional televisions. Comparison: Old vs. New Rate Structure A La Carte HBO ~)CT TOTAL New $ 11.95 $ 5.00 $ 16.95 IOId $ 23.95 $ $ 23.95 SAVINGS $ 7.00 CINEMAX DCT TOTAL New $ 9.95 $ 5.00 $ 14.95 Old $ 21.95 $ $ 21.95 SAVINGS $ 7.00 SHOWrDIME DCT TOTAL New $ 9.95 $ 5.00 $ 14.95 Old $ 21.95 $ $ 21.95 SAVINGS $ 7.00 STARZ! DCT TOTAL Xlew $ 9.95 $ 5.00 $ 14.95 ::)Id $ 21.95 $ $ 21.95 SAVINGS $ 7.00 *Old a la carte pricing included the following: Premium Channel Service, Digital Communications Terminal (DC T), Digital Link (Program Guide, Digital Music, PPV Access), and Digital Access Service A La Carte Combinations: Family Cable Buy-Through Family Service, D gital Converter, I Pa,/Channel S~ervice Price Service I Price Service I Price Service Price FAMILY $ 36.95 FAMILYI $ 36.95 FAMI~[ $ 36.95 FAMILY $ 36.95 DCT $ 5.00 DCT $ 5.00 DCT $ 5.00 DCT $ 5.00 HBO $ 11.95 CINEMAX $ 9.95 SHOV~riME $ 9.95 STARZ! $ 9.95 Total $ 53.90 Tota $ 51.90 Tota $ 51.90 Total $ 51.90 Family Service~ Digital Converter~ 2 Pay Channels Service Price Service Price I I Service Price FAMILY $ 36.95 FAMI---~ $ 36.95 I IFAMILY $ 36.95 DCT $ 5.00 DCT $ 5.00 DCT $ 5.00 HBO $ 11.95 HBO $ 11.95I IHBO $ 11.95 CINEMAX $ 9.95 SHOWTIME $ 9.95 ISTARZ! $ 9.95 Total $ 63.85 Tota $ 63.85 Total $ 63.85 Family Service~ Digital Converter~ 2 Pay Channels Se[vice Price Service Price FAMILY $ 36.95 -'AMILY $ 36.95 DCT $ 5.00 DCT $ 5.00 CINEMAX $ 9.95 CINEMAX $ 9.95 SHOWTIME $ 9.95 STARZ! $ 9.95 1 Total $ 61.85 Total $ 6t.85 Family Serv ce, Digital Converter, 2 Pay Channels Service Pric~e FAMILY $ 36.95 ,DCT $ 5.00 'SHOWTIME $ 9.95 STARZ! $ 9.95 Total $ 61,85 Family Service, D g ta Converter, 3 Pay Channels Service Price Service Price Service Price II Service Price FAMILY $ 36.95 FAMILY $ 36.95 FAMILY $ 36.95 I IFAMILY $ 36.95 )CT 5,00 DCT $ 5.00 DCT $ 5.00[ IDCT $ 5.00 HBO $ 11.95 HBO $ 11.95 HBO $ 11.95I ISHOVVTIME $ 9.95 CINEMAX $ 9.95 CINEMAX $ 9.95 SHOVVI'IME $ 9.95I ICINEMAX $ 9.95 SHOVVTIME $ 9.95 STARZ! $ 9.95 STARZ! $ 9.95 ISTARZ! $ 9.95 Total $ 73.80 Tota $ 73.80 Tota $ 73.80 Total $ 71.80 Family Service, Digital Converter, 4 Pay Channels Service Price FAMILY $ 36.95 )CT $ 5.00 HBO $ 11,95 CINEMAX $ 9.95 SHOWTIME $ 9.95 STARZ! $ 9,95 Total $ 83,75 City of Iowa City MEMORANDUM DATE:December 3, 2002 TO: City Council /,..~ _ ~/~ , FROM: Dale Helling, Assistant City Manager RE: Settlement Agreement Between City and Mediacom I will attempt to summarize for you the provisions set forth in the settlement agreement between the City and Mediacom which is on your agenda for consideration. 1. Mediacom will introduce new a la carte pricing for premium services. A subscriber will be able to buy a digital premium channel and rent a digital converter for approximately $7 per month less than the cost of purchasing a digital service tier and the premium service. 2. Anyone who upgraded to a digital tier earlier this year because they believed it necessary in order to keep their premium service will be given a credit back ~o February, 2002 if they now choose to downgrade their service and purchase their premium service a la carte. 3. Mediacom will provide each subscriber with a $10 coupon which can be applied to any upgrade in service. 4. Mediacom will provide a simplified schedule of available services and charges so that subscribers can more easily compare prices and select the service they desire. 5. The City will withdraw its notice of violation of the franchise agreement and will cooperate with Mediacom in communicating to all subscribers the simplified schedule of services and charges. These provisions are set forth in greater detail in Sections 1 and 2 of the settlement agreement. Staff and the Iowa City Telecommunications Commission recommend approval of the settlement agreement. cc: iowa City Telecommunications Commission Mgr~asst\memos\rnediacomagt doc