HomeMy WebLinkAbout2008-08-26 Resolution3c 14
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 08-250
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/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
Union Bar - 121 E. College Street
Passed and approved this 26th day of Au st , 2008
C
R
Appro d by
ATTEST: ,~ ` ~ - ,CSI ,,i~ G
CIT CLERK City Attorney's Office is ~>~B~
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
AYES
x
x
~-
x
~_
x
NAYS:
Wright the
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
M~
3e 1
Prepared by: Terry Trueblood, Director of Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240, (319)356-5110
RESOLUTION NO. 08-251
RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 9, 2008 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR REMOVAL OF FLOOD-RELATED SAND AND DEBRIS FROM CITY PARK,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the above-mentioned project is to be held on the 9th day of September, 2008, at 7:00
p.m. in the Emma J. Harvat Hall, City Hall, 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 City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 26th day of August , 20 08
ATTEST: ~ ~~/
CITY ERK
Approved by
City Attorney's Office ~%ao~a~
Resolution No. 08-251
Page 2
It was moved by Champion and seconded by wri~ht the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_
x
X
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
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Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington, Iowa City, Iowa 52240, 319-356-5030.
RESOLUTION NO. 08-252
RESOLUTION RELEASING THE OBLIGATION TO INSTALL A SIDEWALK ACROSS
OUTLOT D, LINDEMANN SUBDIVISION, PART THREE, IOWA CITY, IOWA
WHEREAS, the Subdivider's Agreement for Lindemann Subdivision, Part Three, recorded at the Johnson
County Recorder's office at Book 3690, Page 475, contains a provision that requires the subdivider and
owner to install a five (5) foot wide, 4-inch thick Portland cement concrete walkway across Outlot "D"; and
WHEREAS, upon examination of the topography of Outlot D and the abutting property, which was
developed in a separate subdivision, the Public Works department has determined that such a sidewalk is
not desirable or necessary due to the presence of a drainageway on the abutting property; and
WHEREAS, the developer has requested that it be released from the obligation to install said sidewalk;
and
WHEREAS, the developer has rough graded the outlot and intends to fine grade and seed the outlot in
the near future; and
WHEREAS, Staff supports the release of this obligation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The developer and owner of Outlot D, Lindemann Subdivision, Part Three is hereby
released from the obligation contained in Section 1(c) of the Subdivider's Agreement
to install the 4' sidewalk across Outlot D.
2. This partial release shall not be construed as a release of the developer and owner's
obligations to comply with the remaining provisions of said agreement. Furthermore,
this partial release shall not be construed as altering, amending or modifying the
Subdivider's Agreement, except as provided in this release.
3. The City Clerk is authorized and directed to certify this resolution for recording at the
expense of the developer and owner.
Approved this 2 th day of August , 2008.
C
A T: ~ ~,/~ Approved by: ~.~ ~~~
City Clerk City Attorney's Office ~ Z,f/v8'
It was moved by Champion and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
~- Champion
x Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
3~ ~~~~
3f 1
Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington, Iowa City, Iowa 52240, 319-356-5030.
RESOLUTION NO.
RESOLUTION RELEASING THE OBLIGATION
rT0 INSTALL A SIDEWALK ACROSS OUTLOT D,
LIND ANN SUBDIVISION, PART THREE, IOWA CITY,
WHEREAS, the Subdivider's greement for Lindemann Subdivision, Part Three, rec rded at the Johnson
County Recorder's office at B ok 3690, Page 475, contains a provision that requir the subdivider and
owner to install a five (5) foot w e, 4-inch thick Portland cement concrete walkway cross Outlot "D"; and
WHEREAS, upon examination o the topography of Outlot D and the abutt~ g property, which was
developed in a separate subdivision the Public Works department has determi ed that such a sidewalk is
not desirable or necessary due to the resence of a drainageway on the abu ~ng property; and
WHEREAS, the developer has request d that it be released from the o igation to install said sidewalk;
and
WHEREAS, Staff supports the release of is obligation on the condition that the developer remains
obligated to complete necessary grading of tlot D to allow for a installation of such a sidewalk should
the City determine, in the future, that such a si walk is neces ary and appropriate.
NOW, THEREFORE, BE IT RESOLVED BY TH CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The developer and owner of O of D, Lindemann Subdivision, Part Three is hereby
released from the obligation nt ~ned in Section 1(c) of the Subdivider's Agreement
to install the 4' sidewalk acr s Out t D.
2. This partial release sha not be cons ued as a release of the developer and owner's
obligations to comply ith the remaini g provisions of said agreement, including, but
not limited to, the o ligation to comple a necessary grading of Outlot D, Lindemann
Subdivision, Part hree. Furthermore, t is partial release shall not be construed as
altering, amendi g or modifying the Su ivider's Agreement, except as provided in
this release.
3. The City C rk is authorized and directed to certify this resolution for recording at the
expense the developer and owner.
Approved this y of , 2008.
Mayor
ATTEST: Approved by: ' ELC~' ~'~~ ~~~-~
City Clerk City Attorney's ffice ~. l ~/~ ~
M-~ os-zs-os
3f Z
Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 08-253
RESOLUTION ACCEPTING THE WORK FOR THE 2008 DUBUQUE 1
CHURCH STREET RADIUS IMPROVEMENT PROJECT.
WHEREAS, the Engineering Division has recommended that the work for construction of
the 2008 Dubuque /Church Radius Improvement Project, as included in a contract
between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa,
dated June 3rd, 2008, be accepted; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
WHEREAS, the final contract price is $ 264,578.00
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 26th day of August , 2008.
Ma
ATTEST: 9 '
City Jerk
Approved by:
~ ~~~
City Attorney's Office
Resolution No. 08-253
Page 2
It was moved by Champion and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
g Champion
x Correia
x Hayek
g O'Donnell
X Wilburn
x Wright
wpdata/gfossary/resolution-ic.doc
3f(4
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 08-254
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A CONDITIONAL
GRANT AGREEMENT FOR THE PROPERTY LOCATED AT 1153 -1155
HOTZ AVENUE, IOWA CITY, IOWA.
WHEREAS, on September 15, 1992, the owner executed a Conditional Grant
Agreement with the City of Iowa City to secure a loan; and
WHEREAS, the terms of the loan have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 1153 - 1155 Hotz Avenue, Iowa City, Iowa from a Conditional Grant
Agreement recorded September 17, 1992, Book 1434, Page 45 through Page 46 of the
Johnson County Recorder's Office.
Passed and approved this 26th day of August , 20 08 .
~_~~.~~~
ATTEST
f Ice
It was moved by Champion and seconded by Wright the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
~_ Bailey
g Champion
~_ Correia
x Hayek
~_ O'Donnell
~ Wilburn
x Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Greater Iowa City Housing Fellowship
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1153 -1155 Hotz Avenue, Iowa City,
Iowa, and legally described as follows:
Lot Twenty-seven (27) in Raphael Place, an addition to Iowa City, Iowa, according to
the recorded plat thereof
from an obligation of the owner, Greater Iowa City Housing Fellowship, to the City of Iowa City
represented by a Conditional Grant Agreement recorded September 17, 1992, Book 1434,
Page 45 through Page 46 of the Johnson County Recorder's Office.
This obligation has been repaid and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded~ocument.
/l ~ ~ ~
ATTEST: Gt~ci~~,c1
I ERK
STATE OF IOWA )
JOHNSON COUNTY
SS:
~oved by
~- i .~ .n~
City Attorney's Office
~[
On this .1~_ day of ~e --~6u4Sf° , A.D. 20 o g ,before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seat of said corporation, and that the instrument was signed and sealed on be,~ialf of t e corporation by
authority of its City Council, as contained in Resolution No. O ' S ,adopted by the City Council on the s2~ day
20~ and that the said Regenia D. Bailey and Marian K. Karr 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.
obi"r~ SONDRAE FORT $rrrro(,~cuz
Commission Number 159791
My Com fission F~cpires Notary Public in and for Johnson County, Iowa
row 3
Mkt
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 08-255
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A
PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 304 DOUGLAS
COURT, IOWA CITY, IOWA.
WHEREAS, on March 27, 2007, the owner executed a Mortgage and a Promissory Note
with the City of Iowa City to secure a loan; and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 304 Douglas Court, Iowa City, Iowa from a Mortgage recorded April 19, 2007,
Book 4148, Page 891 through Page896; and a Promissory Note recorded May 23, 2007,
Book 4162, Page 151 of the Johnson County Recorder's Office.
Passed and approved this 26th day of August , 20 08
~'~ f $'d~
ATTEST;
Fice
It was moved by Champion and seconded by Wright the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~- Bailey
~_ Champion
x Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Stacey Lynn Meyer
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 304 Douglas Court, Iowa City, Iowa,
and legally described as follows:
Lot Twenty-four (24), Wise Addition to Iowa City, Iowa, according to the recorded plat
thereof
from an obligation of the owner, Stacey Lynn Meyer, to the City of Iowa City represented by a
Mortgage recorded April 19, 2007, Book 4148, Page 891 through Page 896; and a Promissory
Note recorded May 23, 2007, Book 4162, Page 151 of the Johnson County Recorder's Office.
This obligation has been repaid and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: ~~~~ 7~ ~~
C-~ITYCLERK
STATE OF IOWA )
SS:
JOHNSON COUNTY )
City Attorney's Office
ati A^
On this ~_ day of {{e.urld.~ , A.D. 20~$, before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and seated on behalf of the corporation by
authority of its City Council, as contained in Resolution No.Q.I~-~i adopted by the City Council on the .~6 ~h day /~~Gt~ST
20 0~ and that the said Regenia D. Bailey and Marian K. Karr 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.
~,~ SONDRAE FORT
Commission Number 159791 ~~
My Commission Expires Notary Public in and for Johnson County, Iowa
ow ~
M-(~
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Prepared by: Sara Sproule, Asst. Controller, & Ron Knoche, City Engineer, 410 E. Washington, Iowa City, IA 52240, 319-356-5088/5138
RESOLUTION NO. 08-256
RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE
FISCAL YEAR ENDING JUNE 30, 2008.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Street Financial
Report for the period beginning July 1, 2007, through June 30, 2008, be approved.
Passed and approved this 26th day of August , 2008.
c
M~
Approved by
ATTEST: 7 -'s 1~ . ~ .~~lLl .c~~'t/it 1-~C~
C- IT~~ RK Cit Attorney's Office Q' s
Y ~I ~d8~
08-256
It was moved by Champion and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
x
x
~_
x
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
finadm\res\finreport. doc
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Prepared by: Adam Ralston, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (VACOS-00002)
RESOLUTION NO. 08-257
RESOLUTION APPROVING VACATION OF THE NORTHTOWNE PARKWAY RIGHT-OF-WAY,
AND PARTIAL RELEASE OF PUBLIC ACCESS EASEMENT WITHIN
HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, Southgate BP Properties, filed with the City Clerk a request for vacation of
the Northtowne Parkway right-of-way, Iowa City, Iowa, Johnson County, Iowa, located with in the
Highlander Development, Third Addition as shown on the plat attached and incorporated herein as
Exhibit A; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
All of Northtowne Parkway as recorded in the Final Plat of Highlander Development Third Addition in
accordance with the Plat thereof, Book 44, at Page 215, Johnson County Recorder's Office, located
within the Southwest One Quarter of the Southeast One Quarter of Section 36, Township 80 North,
Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly
described. as follows:
Beginning at the Northeast corner of Lot 12, Highland Development Third Addition, Iowa City, Iowa, in
accordance with the Plat thereof recorded in Book 44, at Page 215, of the records of the Johnson
County Recorder's Office; Thence N89°48'00"W, along the Northerly line of said Lot 12, a distance of
11.82 feet; Thence Northwesterly 386.50 feet, along said Northerly line and an arc of a 625.00 foot
radius curve, concave Northeasterly, whose 380.37 foot chord bears N72°05'03"W; Thence
N54°22'06W, along said Northerly line, 13.52 feet; Thence Southwesterly 41.19 feet, along said
Northerly line and an arc of a 30.00 foot radius curve, concave Southeasterly, whose 38.03 foot chord
bears S86°17'45"W, to a point on the Westerly Right-of-Way line of Northgate Drive; Thence
Northeasterly 98.86 feet, along said Westerly Right-of-Way line and an arc of a 250.00 foot radius
curve, concave Northwesterly, whose 98.21 foot chord bears N35°37'49"E, to the Southwest corner
of Lot 11 of said Highland Development Third Addition, Iowa City, Iowa; Thence Southeasterly 41.19
feet, along the Southerly line of said Lot 11 and an arc of a 30.00 foot radius curve, concave
Northeasterly, whose 38.03 foot chord bears S15°01'56°E; Thence S54°22'06"E, along said Southerly
line, 13.52 feet; Thence Southeasterly 355.58 feet, along said Southerly line and an arc of a 575.00
foot radius curve, concave Northeasterly, whose 349.94 foot chord bears S72°05'03"E; Thence
S89°48'00"E along said Southerly line, 11.82 feet, to the Southeast corner of said Lot 11; Thence
S00°12'00"W, 50.00 feet, to said Point of Beginning, containing 0.49 acre, (21,326 square feet), and
subject to easements and restrictions of record.
WHEREAS, the Northtowne Parkway right-of-way was dedicated to the public at the time the
Highlander Development, Third Addition was developed, said dedication being recorded with the
Johnson County, Iowa, Recorder's office in Book 3331, page 257; and
WHEREAS, a public access easement was granted to the City, in part, over and across the eight
foot walkway to be constructed within the 70' Parkway running parallel to Northtowne Parkway right-
of-way, said easement agreement being recorded with the Johnson County, Iowa Recorder's office
in Book 3331, page 285; and
WHEREAS, the applicant and the City desire to enter into an Exchange Agreement, whereby, in
exchange for the vacation and conveyance of Northtowne Parkway, and the release of the adjacent
Resolution No. 08-257
Page 2
public access easement over the planned walkway, the applicant will agree to convey a similar parcel
to the City to be dedicated as right-of-way and upon which it will construct a roadway to replace the
herein vacated right-of-way. The applicant will also convey to the City the attendant utility
easement(s) for the replacement right-of-way; and
WHEREAS, the Planning and Zoning Commission has found that the portion of Northtowne Parkway
and the public access easement in question serve no public purpose and are not likely to do so in the
future; and
WHEREAS; the Planning and Zoning Commission has recommended approval of the requested
vacation, subject to retention of certain necessary easements; and
WHEREAS; the Iowa City City Council concurs with the recommendations of the Planning and
Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said Northtowne Parkway right-of-way located on the above-described real estate be and
the same is hereby vacated and that portion of the public access easement parallel to and
adjacent to Northtowne Parkway within the parkway is hereby released, subject to an
Exchange Agreement to be negotiated by the parties.
2. 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 vacation
and release. The City Attorney shall record the legal documents and plat at the office of the
County Recorder of Johnson County, Iowa at the expense of the owner/applicant.
Passed and approved this 26th day of August , 20 08
Approved by
ATTEST: ~I ~~ ~ - ~~~x~c.~ ara ~~
CITY ERK City Attorney's Office ~- ~~~
It was moved by Aayek and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
S/pcd/slaff reports/SU608-00003/SU808-00003 resolution
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Prepared by: Adam Ralston, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (VAC08-00002)
RESOLUTION NO.
RESOLUTION APPROVING VACATION OF THE NORTHTOWNE PARKWAY RIGHT-OF-WAY,
AND PARTIAL RELEASE OF PUBLIC ACCESS EASEMENT WITHIN
HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, Southg to BP Properties, filed with the ity Clerk a request for vacation of
the Northtowne Parkway right-o way, Iowa City, Iowa, Johns County, Iowa, located with in the
Highlander Development, Third A dition as shown on the plat attached and incorporated herein as
Exhibit A; and
WHEREAS, said subdivision is locate~On the following-des~ribed real estate in Iowa City, Johnson
County, Iowa, to wit: \ ~
All of Northtowne Parkway as recorde in the Final PI of Highlander Development Third Addition in
accordance with the Plat thereof, Book , at Page 5, Johnson County Recorder's Office, located
within the Southwest One Quarter of the outheast ne Quarter of Section 36, Township 80 North,
Range 6 West, of the Fifth Principal Meri ~ n, to a City, Johnson County, Iowa, more particularly
described as follows:
Beginning at the Northeast corner of Lot 12, F
accordance with the Plat thereof recorded in
County Recorder's Office; Thence N89°48'00'
11.82 feet; Thence Northwesterly 386.50 fee'
radius curve, concave Northeasterly, wh
N54°22'06W, along said Northerly line, 1
Northerly line and an arc of a 30.00 foot ra
bears S86°17'45"W, to a point on the e
Northeasterly 98.86 feet, along s
curve, concave Northwesterly, w
of Lot 11 of said Highland Develo
feet, along the Southerly line of
Northeasterly, whose 38.03 foot c
line, 13.52 feet; Thence Southea
foot radius curve, concave Nort
S89°48'00"E along said Southe
S00°12'00"W, 50.00 feet, to s
subject to easements and res icti
~ Development Third Addition, Iowa City, Iowa, in
44, at Page 215, of the records of the Johnson
Ong the Northerly line of said Lot 12, a distance of
said Northerly line and an arc of a 625.00 foot
e, co cave Southeasterly, whose 38.03 foot chord
e S54°22'06"E, along said Southerly
putherly line and an arc of a 575.00
east corner of said Lot 11; Thence
. 7 foot chord bears N72°05'03"W; Thence
ence Southwesterly 41.19 feet, along said
Righ of-Way line of Northgate Drive; Thence
and an arc of a 250.00 foot radius
5°37'49"E, to the Southwest corner
Iowa; Thence Southeasterly 41.19
30.00 foot radius curve, concave
chord bears S72°05'03"E; Thence
.4~ acre, (21,326 square feet), and
WHEREAS, the Northtowne P rkway right-of-way was dedicated to the public at the time the
Highlander Development, Thir Addition was developed, said dedication being recorded with the
Johnson County, Iowa, Recor er's office in Book 3331, page 257; and ~
WHEREAS, a public access easement was granted to the City, in part, over and across the eight
foot walkway to be constructed within the 70' Parkway running parallel to Northtowne Parkway right-
of-way, said easement agreement being recorded with the Johnson County, Iowa Recorder's office
in Book 3331, page 285; and
US CUN
WHEREAS, the applicant and the City desire to enter into an Exchange Agreement, whereby, in
exchange for the vacation and conveyance of Northtowne Parkway, and the release of the adjacent
se 380
.52 feet;
aid We terly Right-of-W line
hose 9 .21 foot chord bea N3
pme Third Addition, Iowa ity,
sa~ Lot 11 and an arc o a
ho bears S15°01'56"E; Them
st rly 355.58 feet, along said S
easterly, whose 349.94 foot
line, 11.82 feet, to the South
Point of Beginning, containing 0
ons of record.
Resolution No.
Page 2
public access easement over the planned walkway, the applicant will agree to convey a similar parcel
to the City to be dedicated as right-of-way and upon which it will construct a roadway to replace the
herein vacated right-of-way. The applicant will also convey to the City the attendant utility
easement(s) for the replacement right-of-way; and
WHEREAS, the Planning and Zoning Commission has found that the portion of Northtowne Parkway
and the public access easement in question serve no public purpose and are not likely to do so in the
future; and
WHEREAS; the Planning and Zoning Commission has recommended approval of the requested
vacation, subject to retention of certain necessary easements; an
WHEREAS; the Iowa City\ity Council concurs with the re ommendations of the Planning and
Zoning Commission.
NOW, THEREFORE, BE IT RE~OLVED BY THE CITY CQ~UNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT: ~ /
1. The said Northtowne Parkway ht-of-way locate on the above-described real estate be and
the same is hereby vacated an that portion o the public access easement parallel to and
adjacent to Northtowne Parkway within the arkway is hereby released, subject to the
Exchange Agreement attached and i corpora d herein.
2. The Mayor and City Clerk of the City of o City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, toe cute all legal documents relating to said vacation
and release. The City Attorney shall rec r the legal documents and plat at the office of the
County Recorder of Johnson County, to a at a expense of the owner/applicant.
Passed and approved this day of
20
MAYOR
App ved by
ATTEST: ~~~~~/
CITY CLERK City Attorn 's Office S" lsl'o~
It was moved by and seconded by the Resolution be
adopted, and upon roll call they were: ~
.,
.~
1
AYES: NAYS: ABSENT: \~~
/ Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
S/pcd/staff reports/SU808-00003/SU608-00003 resolution
M~-g
5c
Prepared by: Sara Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-258
RESOLUTION AUTHORIZING CONVEYANCE OF VACATED
NORTHTOWNE PARKWAY RIGHT-OF-WAY IN HIGHLANDER
DEVELOPMENT THIRD ADDITION TO SOUTHGATE BP PROPERTIES.
WHEREAS, The City Council has passed a resolution vacating Northtowne Parkway right-of-way
within the Highlander Development Third Addition;
WHEREAS, conveyance of the right-of-way to Southgate BP Properties, subject to the attached
Exchange Agreement, will facilitate development within the subdivision and permit the installation
of private utilities within private easements rather than public right-of-way;
WHEREAS, the City does not need the vacated right-of-way to provide access to property in the
area; and
WHEREAS, the applicant and the City desire to enter into an Exchange Agreement, whereby the
applicant will agree to convey a similar property to the City to be dedicated as right-of-way and
upon which it will construct a roadway to replace the herein vacated right-of-way. In exchange, the
City would convey the vacated right-of-way to the applicant, subject to the obtaining and/or
retention of all appropriate and necessary easements; and
WHEREAS, following public hearing the City Council finds the disposition of the subject property
is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The Mayor and City Clerk are hereby authorized to execute any and all documents
necessary to convey the vacated Northtowne Parkway right-of-way located within the
Highlander Development Third Addition to Southgate BP Properties, L.L.C., including the
execution of the Exchange Agreement, attached and incorporated herein.
Passed and approved this 26th day of A st ,,2008.
C
MA
ATTEST: /~"l~~~.~ ~ ~- °~~
~CIT CLERK
A prove by
City Attorney's Office ~ 13 I ~ S,
Resolution No. 08-258
Page 2
It was moved by Wright and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
g Champion
x Correia
~_ Hayek
x O'Donnell
g Wilburn
g Wright
wpdata/glossary/resolution-ic.doc
Prepared by: Sara Greenwood Hektoen, Asst City Attorney, 410 E. Washington, Iowa City, IA 52240, 356-
5030
EXCHANGE AGREEMENT
THIS AGREEMENT is entered into by and between the City of Iowa City,
Iowa, a municipal corporation, hereinafter referred to as CITY and Southgate
BP Properties, LLC, an Iowa corporation, hereinafter referred to as
SOUTHGATE.
RECITALS
A. SOUTHGATE is the owner of land described as that portion of the
northwest quarter of the southeast quarter of Section 36, Township 80 North,
Range 6 West of the 5~ P.M., excepting therefrom that portion platted as
Highlander Development First Addition, Iowa City, Iowa, according to the plat
thereof recorded in Plat Book 25, Page 52, Plat Records of Johnson County,
Iowa, subject to easements and restrictions of record.
B. CITY is the owner of the public right-of-way over and along
Northtowne Parkway which extends east from Northgate Drive between Lots 11
and 12 in Highlander Development Third Addition. CITY also has a Public
Access Easement for an 8' wide sidewalk within the 70' parkway parallel to
Northtowne Parkway.
B. SOUTHGATE has applied to CITY for the vacation and subsequent
conveyance of the Northtowne Parkway right-of--way, which contains .49 acres,
as described on the plat attached hereto and incorporated herein as Exhibit
"A". SOUTHGATE has also requested that CITY release that portion of the
public access easement for the 8' wide walkway that was to be constructed
within the 70' parkway parallel to Northtowne Parkway.
C. As a condition to the requested release, vacation and conveyance,
the CITY requires SOUTHGATE convey to it a comparable parcel of land to be
dedicated as public right-of-way. Said comparable land shall be located North
of Lot 10, Highlander Subdivision, Third Addition, on SOUTHGATE's property
described in Paragraph A above, containing .46 acres, which is more
particularly described on the right-of--way acquisition plat attached and
incorporated herein as Exhibit "B".
D. CITY shall release all easements in favor of CITY in connection with
the vacated right-of--way. SOUTHGATE shall dedicate to the City certain
easements associated with the replacement right-of-way, as described below.
E. CITY has determined that the portion of the 70' Parkway Easement
parallel to Northtowne Parkway, as shown upon the final plat of Highlander
Development Third Addition, according to the plat thereof recorded in Book 44,
Page 215, is no longer necessary and that the attendant public access
easement over the 8' sidewalk therein should be released.
F. SOUTHGATE's requested release, vacation and conveyance, as well
as this Exchange Agreement, is subject to the approval of the Iowa City City
Council.
G. The owners of Lot 12 of Highlander Development Third Addition
concur in the SOUTHGATE's application for said release and vacation.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN CITY
AND SOUTHGATE AS FOLLOWS:
1. Subject to the approval of said City Council,
a. SOUTHGATE will convey to CITY title in and to the portion of
SOUTHGATE'S property shown on Exhibit "A", attached and
incorporated herein [hereinafter "replacement right-of-way"].
b. CITY will convey to SOUTHGATE the vacated Northtowne
Parkway right-of--way shown on Exhibit "B", attached and
incorporated herein [hereinafter "vacated right-of-way"].
c. CITY will vacate any easement in favor of CITY within the two
10' utility easements adjacent to the vacated right-of--way
previously granted to it by SOUTHGATE.
d. SOUTHGATE will convey to CITY a 10' and 15' utility easement
abutting the replacement right-of--way as shown on Exhibit "C",
attached and incorporated herein.
e. CITY will release that portion of the public access easement
within the 70' parkway parallel to the vacated right-of-way.
2. There shall be no further compensation or payment by either party
to the other.
3. Each party will convey its parcel by Warranty Deed.
4. SOUTHGATE will pay all recording costs and any transfer tax due.
5. SOUTHGATE shall pay any and all real estate taxes which would
be delinquent if not paid and provide CITY with proof thereof, as well as any
portion to be assessed up to the date of closing.
6. SOUTHGATE will furnish a precise legal description of the property
to be conveyed by SOUTHGATE to CITY including any right-of-way acquisition
plat required therefore. SOUTHGATE shall provide the right-of-way vacation
plat in recordable form at SOUTHGATE'S expense as part of the CITY'S
obligation to convey marketable title to the vacated street right-of--way.
7. A roadway shall be constructed and installed within the
replacement right-of-way by SOUTHGATE, its assigns or successors in interest,
subject to any developer's or subdivider's agreement and according to plans
and specifications which are to be submitted to and approved by the City of
Iowa City, Iowa, with inspections by the City Engineer or designate. Said
inspections shall consist of occasional inspection of the work in progress, but
shall not relieve or release SOUTHGATE from its responsibility to construct
said improvements pursuant to said plans and specifications. Nor shall such
inspections create an obligation or duty on the part of the City to ensure said
improvements are constructed in accordance with such plans.
Said improvements shall be constructed by SOUTHGATE, its assigns or
successors in interest. No building permit will be issued for the SOUTHGATE
property described in Paragraph A above until said improvements are accepted
by the CITY.
8. This Agreement shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto and all covenants shall
be deemed to survive the closing of this transaction and apply to and run with
the land.
9. In performance of each part of this agreement, time shall be of the
essence. Failure to promptly assert rights herein shall not, however, be a
waiver of such rights or a waiver of any existing or subsequent default.
10. Property conveyed by either party to the other will be subject to
any easements of record, except those which will be released according to the
terms of this Agreement.
11. Iowa City Ambulatory Surgical Center, L.L.C., as owner of Lot 12 of
Highlander Development Third Addition, which is adjacent to Northtowne
Parkway, hereby acknowledges that vehicular and pedestrian access to its
facilities will be affected by the requested release and vacation, and further
acknowledges that it concurs with SOUTHGATE's application for said release
and vacation.
Dated this ~~~ day of -Auc~,~ , 2008.
CITY O OWA CITY
c
By:
genia D. Bailey, ayor
ATTEST: f '~-~
Mar ri K. Karr, City Clerk
IOW TY AMBULATORY SURGICAL CENTER LLC
By:
SOUTHGATE BP PROPERTIES, LLC.
By:
~~~~`~s ~~~~~~. , M~~~.Sev
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By:
CITY OF IOWA CITY ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY
On this b~-~~ day of ~ac~c.~sr ,2008, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Regenia D.
Bailey and Marian K. Karr, to me personally known, and who, being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed
on behalf of the corporation, by authority of its City Council; and that Regenia
D. Bailey and Marian K. Karr acknowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of said
municipal corporation, by it and them voluntarily executed.
SONDRAE FORT .~ ~~~
.Commission Number 159791
. ~ '' ,y My Commission Expires Notary Public in and for the State of Iowa
`~h ~ My Commission Expires: 3~~~~
SOUTHGATE ACKNOWLEDGEMENT
STATE OF IOWA )
)ss:
JOHNSON COUNTY
This instrument was acknowledged before me on this ~ day of U ~ ,
2008, by ~.Y~~(1~S ~('~U2V~ a ~Cavta~ ( of Southgate BP
Properties, LLC.
a„~'''~ KAMI M. HERDUSKA
c yy ~~ 5 otary Public in and for the State of Iowa
ow Se tember 28, 10
IOWA CITY AMBULATORY SURGICAL CENTER LLC
ACKNOWLEDGEMENT
STATE OF IOWA )
)ss:
JOHNSON COUNTY
This instrument was acknowledged before me on this zsday of G~ ,
2008, by '~ ~-~~ , ~w,,`°~ti as of Io a City
Ambulatory Surgical Center, LLC. Q f
Notary~.tblic in and for the State of Iowa
~ ~E El,
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Prepared by: Sara Greenwood Hektoen, Asst City Attorney, 410 E. Washington, Iowa City, IA 52240, 356-5030
EXCHANGE AGREEMENT
THIS AGRE ENT is entered into by and between the City of Iowa City,
Iowa, a municipal core ation, hereinafter referred to a CITY and Southgate BP
~~
Properties, LLC, an Iowa co~~oration, hereinafter refe ed to as SOUTHGATE.
`RECITALS
A. SOUTHGATE is the,~wner of lan described as that portion of the
northwest quarter of the southeast uarter f Section 36, Township 80 North,
Range 6 West of the 5th P.M., exce ti therefrom that portion platted as
Highlander Development First Addition, owa City, Iowa, according to the plat
thereof recorded in Plat Book 25, Page 2, at Records of Johnson County, Iowa,
subject to easements and restrictions record.
B. CITY is the owner of the ublic right- -way over and along Northtowne
Parkway which extends east fro Northgate Dr ve between Lots 11 and 12 in
Highlander Development Third ddition. CITY also as a Public Access Easement
for an 8' wide sidewalk within e 70' parkway parallel o Northtowne Parkway.
B. SOUTHGATE h s applied to CITY for th vacation and subsequent
conveyance of the Northtow e Parkway right-of--way, wh h contains .49 acres, as
described on the plat att ched hereto and incorporated erein as Exhibit "A".
SOUTHGATE has also re uested that CITY release that ports n of the public access
easement for the 8' wi e walkway that was to be constru ted within the 70'
parkway parallel to Nor towne Parkway.
C. As a condition to the requested release, vacation and conveyance, the
CITY requires SOUTHGATE convey to it a comparable parcel of land to be
dedicated as public ri t-of-way. Said comparable land shall be located North of Lot
10, Highlander Subdi ision, Third Addition, on SOUTHGATE's property described
in Paragraph A above, retaining .46 acres, which is more parti ularly described on
the right-of-way acquisitio plat attached and incorporated he ein as Exhibit "A".
D. CITY shall rele se all easements in favor of ITY in connection with
the vacated right-of--way. SOU HGATE shall dedicate o the City certain easements
associated with the replacement fight-of-way, as d cribed below.
E. CITY has determine that the p tion of the 70' Parkway Easement
parallel to Northtowne Parkway, s sho n upon the final plat of Highlander
Development Third Addition, accord to the plat thereof recorded in Book 44,
Page 215, is no longer necessary an th t the attendant public access easement over
the 8' sidewalk therein should b release .
F. SOUTHGATE' equested re ase, vacation and conveyance, as well as
this Exchange Agreemen , is subject to the pproval of the Iowa City City Council.
G. The ow rs of Lot 12 of Hig Lander Development Third Addition
concur in the SOU GATE's application fors id release and vacation.
NOW, T EREFORE, IT IS HEREB AGREED BY AND BETWEEN
CITY AND UTHGATE AS FOLLOWS:
1. Subject to the approval of said City Council,
a. SOUTHGATE will convey to CITY title in and to the portion of
SOUTHGAT roperty shown on Exhibit "A", at hed and
incorpor ed herein [hereinafter "replacement right-of-way"J. \
b. CITY wi 1 convey to SOUTHGATE the vacated Nort Iowne
Parkway fight-of--way shown on Exhibit "B", attac ed and
incorporate herein [hereinafter "vacated right-of--way" .
c. CITY will vac to any easement in favor of CITY ithin the two 10'
utility easemen s adjacent to the vacated ght-of--way previously
granted to it by S UTHGATE.
d. SOUTHGATE will nvey to CI a 10' and 15' utility easement
abutting the replace ent ri t-of--way as shown on Exhibit "C",
attached and incorporat erein.
e. CITY will release th por 'on of the public access easement within
the 70' parkway p rallel tot vacated right-of-way.
2. There shall ben further compen tion or payment by either party to
3. Each part will convey its parcel by W ranty Deed.
4. SOUT GATE will pay all recording cost and any transfer tax due.
5. SO THGATE shall pay any and all real tate taxes which would be
delinquent if of paid and provide CITY with proof thereo as well as any portion to
be assesse up to the date of closing.
6. SOUTHGATE will furnish a precise legal description of the property to
be conveyed by SOUTHGATE to CITY including any right-of--way acquisition plat
required therefore. SOUTHG~TE shall provide the right-of--way vacation plat in
recordable form at SOUTHGATE'S expense as part of the CITY'S obliga ' to
convey marketable title to the va ted street right-of--way.
7. A roadway shall be c structed and installed within the replace ent
right-of--way by SOUTHGATE, its a signs or successors in interest, sub' ct to any
developer's or subdivider's agreemen and according to plans a specifications
which are to be submitted to and app ved by the City of wa City, Iowa, with
inspections by the City Engineer or de 'gnate. Said ~ spections shall consist of
occasional inspection of the work in pro ress, t shall not relieve or release
SOUTHGATE from its responsibility to con uct said improvements pursuant to
said plans and specifications. Nor shall s in pections create an obligation or duty
on the part of the City to ensure sai improve nts are constructed in accordance
with such plans.
Said improvements s all be constructed b SOUTHGATE, its assigns or
successors in interest. o building permit will be ssued for the SOUTHGATE
property described i aragraph A above until said im rovements are accepted by
the CITY.
8. T is Agreement shall inure to the benefit of a d bind the successors
and assigns f the respective parties hereto and all covenants shall be deemed to
survive the closing of this transaction and apply to and run with the land.
9. In performance of each part of this agreement, time shall be of the
essence. Failure to promptly assert rights herein shall not, however, be a waiver of
such rights or a waiver of any existing or subsequent default.
10. Property conveyed by either party to the other will be subj t to any
easements of record, exc t those which will be released according to the erms of
this Agreement.
11. Iowa City Ambu tory Surgical Center, L.L.C., as ow r of Lot 12 of
Highlander Development Thi Addition, which is adjace t to Northtowne
Parkway, hereby acknowledges th vehicular and pedestri access to its facilities
will be affected by the requested re ase and vacatio ,and further acknowledges
that it concurs with SOUTHGATE's ap ication for aid release and vacation.
Dated this day of , 2008.
CITY OF IOWA CITY SO HGATE BP PROPERTIES, LLC.
By: Y~
Regenia D. Bailey, Mayor
ATTEST: BY~
Marian K. Karr, City erk
IOWA CITY AMBULATO~t'Y SURGICAL CENTER
By:
By:
CITY OF IOWA CITY ACKNOWLEDG
STATE O IOWA )
ss:
JOHNSON COUNTY )
On this day of ,2008, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey
and Marian K. Karr, to me perso ally known, and who, be' g by me duly sworn, did
say that they are the Mayor an City Clerk, respectively, o e City of Iowa City,
Iowa; that the seal affixed to th foregoing instrument is the co orate seal of the
corporation, and that the instr ment was signed and sealed n behalf of the
corporation, by authority of its 'ty Council; and that Regeni D. Bailey and
Marian K. Karr acknowledged the~~xecution of the instrument to e their voluntary
act and deed and the voluntary act acid deed of said municipal c oration, by it and
them voluntarily executed.
Notary
My Cor
SOUTHGATE AC
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
This instrument was acknowledged
by
Properties, LLC.
GEMENT
me on his day of , 2008,
of Southgate BP
Notary Publi~, in and for the State of Iowa
IOWA CITY
~BULATORY SURGIC~ CENTER LLC
ACKNOWLEDGEMEN
STATE OF IOWA )
JOHNSON
This instrumen
by
Surgical Ce er
acknowledged before me on this
as
LLC.
y of , 2008,
Iowa City Ambulatory
in and for e State of Iowa
.n Expir s:
Notary Public in and for t~e State of Iowa
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M-~q
August 26 ,2008
'The City Council of Iowa City, Iowa, met in Regular session, in the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : o0 o'clock P .M., on the
above date. There were present Mayor Bailey , in the chair, and the
following named Council Members:
Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright
Absent: None
********
-1-
The Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the authorization of a Loan Agreement and the issuance of not to
exceed $18,500,000 General Obligation Refunding Capital Loan Notes, Series 2008B, in
order to provide funds to pay costs of the refunding of the outstanding Series 1998, 1999
and 2000 General Obligation Bonds, dated April 1, 1998, March 15, 1999 and July 1,
2000, respectively, an essential corporate purpose, and that notice of the proposed action
by the Council to institute proceedings for the authorization of the Loan Agreement and
the issuance of the Notes, had been published pursuant to the provisions of Sections
384.24, 384.24A and 384.25 of the City Code of Iowa, as amended.
The Mayor then asked the Clerk whether any written objections had been filed by
any city resident or property owner to the proposal. The Clerk advised the Mayor and the
Council that no written objections had been filed. The Mayor then called for oral
objections to the proposal and none were made. Whereupon, the Mayor declared the
time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
-2-
T~t~e Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Wilburn introduced and
delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $18,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN
NOTES, SERIES 2008B", and moved:
® that the Resolution be adopted.
^ ADJOURN and defer action on the Resolution and the proposal to
institute proceedings to the meeting to be held at o'clock
_.M. on the day of , 2008,
at this place.
Council Member o'Donnell seconded the motion. The
roll was called and the vote was,
AYES: Wilburn, Wright, Bailey, Champion, Correia,
Hayek O'Donnell
NAYS:
None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-259
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF NOT
TO EXCEED $ 18,500,000 GENERAL OBLIGATION
REFUNDING CAPITAL LOAN NOTES, SERIES 2008B
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the
authorization of a Loan Agreement and the issuance of not to exceed $18,500,000
General Obligation Refunding Capital Loan Notes, Series 2008B, for the purpose of
paying costs of the refunding of the outstanding Series 1998, 1999 and 2000 General
-3-
Obligation Bonds, dated April 1, 1998, March 15, 1999 and July 1, 2000, respectively,
and has considered the extent of objections received from residents or property owners as
to the proposal and, accordingly the following action is now considered to be in the best
interests of the City and residents thereof; and
WHEREAS, the Council deems it in the best interest of the City to receive bids to
purchase the Notes by means of both sealed and electronic internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization of a Loan Agreement and issuance in the manner required by
law of not to exceed $18,500,000 General Obligation Refunding Capital Loan Notes,
Series 2008B, to evidence the obligation thereof for the foregoing purpose.
Section 2. That the receipt of electronic bids by facsimile machine and through the
PARITY' competitive bidding is hereby found and determined to provide reasonable
security and to maintain the integrity of the competitive bidding process, and to facilitate
the delivery of bids by interested parties in connection with the offering of the Notes.
PASSED AND APPROVED this 26th day of August , 2008.
ATTES~i
~. 9~a.~~
City erk
-4-
CIG-3
9/91
CERTIFICATE
STATE OF IOWA )
SS
COi1NTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by said law
and with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
city offices as indicated therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto affixed this 26th
day of _ August , 2008.
,~-, L
City erk, Iowa City, Iowa
SEAL
MMCGINLE\5 88249.1 \W P 107 14.090
M -~
August 26 ,2~~g
The City Council of Iowa City, Iowa, met in regular session, in the Emma J.
Harvat Hall, City Hall, Iowa City, Iowa, at ~ : 00 o'clock P .M., on the above date.
There were present Mayor Bailey , in the chair, and the following
named Council Members:
Bailey, Champion, Correia, Hayek, O'Dinnell,
Wilburn, Wright
Absent: None
**********
-1-
Tlie Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the authorization of a Loan Agreement and the issuance of not to
exceed $27,000,000 Sewer Revenue Refunding Capital Loan Notes, Series 2008C, in
order to provide funds to pay costs of the refunding of the outstanding Series 1996, 1997
and 1999 Sewer Revenue Bonds, dated March 15, 1996, June 1, 1997 and February 1,
1999, respectively, and that notice of the proposed action by the Council to institute
proceedings for the authorization of the Loan Agreement and the issuance of the Notes,
had been published pursuant to the provisions of Sections 384.24A and 384.83 of the City
Code of Iowa, as amended.
The Mayor then asked the Clerk whether any written objections had been filed by
any city resident or property owner to the proposal. The Clerk advised the Mayor and the
Council that no written objections had been filed. The Mayor then called for oral
objections to the proposal and none were made. Whereupon, the Mayor declared the
time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
-2-
The Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the authorization of a Loan Agreement and the issuance of not to
exceed $10,300,000 Sewer Revenue Refunding Capital Loan Notes, in order to provide
funds to pay costs of the refunding of outstanding Sewer Revenue Bonds, Series 2000,
dated October 1, 2000, and that notice of the proposed action by the Council to institute
proceedings for the authorization of the Loan Agreement and the issuance of the Notes,
had been published pursuant to the provisions of Sections 384.24A and 384.83 of the City
Code of Iowa, as amended.
The Mayor then asked the Clerk whether any written objections had been filed by
any city resident or property owner to the proposal. The Clerk advised the Mayor and the
Council that no written objections had been filed. The Mayor then called for oral
objections to the proposal and none were made. Whereupon, the Mayor declared the
time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
-3-
oa-ZS-oa
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Wilburn introduced and
delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $27,000,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES,
SERIES 2008C", and moved:
® that the Resolution be adopted.
^ to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings to the meeting to be held at o'clock _.M. on the
day of , 2008, at this place.
Council Member Wright seconded the motion. The roll was
called acid the vote was,
AYES: Wright BaileX-, Chamni_on, rnrrP;a,
Hayek, O'Donnell, Wilburn
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-260
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $27,000,000 SEWER REVENUE REFUNDING
CAPITAL LOAN NOTES, SERIES 2008C
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the
authorization of a Loan Agreement and the issuance of not to exceed $27,000,000 Sewer
Revenue Refunding Capital Loan Notes, Series 2008C, for the purpose of paying costs of
the refunding of the outstanding Series 1996, 1997 and 1999 Sewer Revenue Bonds, dated
March 1 ~, 1996, June 1, 1997 and February 1, 1999, respectively, and has considered the
-4-
extent of objections received from residents or property owners as to the proposal and,
accordingly the following action is now considered to be in the best interests of the City
and residents thereof; and
WHEREAS, the Council deems it in the best interest of the City to receive bids to
purchase the Notes by means of both sealed and electronic Internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization of a Loan Agreement and issuance in the manner required by
law of not to exceed $27,000,000 Sewer Revenue Refunding Capital Loan Notes, Series
2008C, for the foregoing purpose.
Section 2. That the receipt of electronic bids by facsimile machine and through the
PARITY' competitive bidding is hereby found and determined to provide reasonable
security and to maintain the integrity of the competitive bidding process, and to facilitate
the delivery of bids by interested parties in connection with the offering of the Notes.
PASSED AND APPROVED this 26th day August , 2008.
ATTEST:
City .,lerk
-5-
T'he Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Wilburn introduced and
delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $10,300,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES",
and moved:
® that the Resolution be adopted.
0 to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings to the meeting to be held at o'clock _.M. on the
day of , 2008, at this place.
Council Member Champion seconded the motion. The roll was
called and the vote was,
AYES; Bailey, Champion, Correia, Hayek,
O'Donnell, Wilburn, Wright
NAYS: None
V~'hereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-261
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $10,300,000 SEWER REVENUE REFUNDING
CAPITAL LOAN NOTES
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the
authorization of a Loan Agreement and the issuance of not to exceed $10,300,000 Sewer
Revenue Refunding Capital Loan Notes, for the purpose of paying costs of the refunding
of outstanding Sewer Revenue Bonds, Series 2000, dated October 1, 2000, and has
considered the extent of objections received from residents or property owners as to the
-6-
proposal and, accordingly the following action is now considered to be in the best interests
of the City and residents thereof; and
WHEREAS, the Council deems it in the best interest of the City and the residents
thereof to receive bids to purchase the Notes by means of both sealed and electronic
Internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization of a Loan Agreement and issuance in the manner required by
law of not to exceed $10,300,000 Sewer Revenue Refunding Capital Loan Notes, for the
foregoing purpose.
Section 2. That the receipt of electronic bids by facsimile machine and through the
PARITY'S competitive bidding is hereby found and determined to provide reasonable
security and to maintain the integrity of the competitive bidding process, and to facilitate
the delivery of bids by interested parties in connection with the offering at public sale.
PASSED AND APPROVED this 26th day August , 2008.
ATTEST:
Y
City Clerk
-7-
CIG-3
9/91
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a
true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board or
other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as required by said law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective city
offices as indicated therein, that no Council vacancy existed except as may be stated in
said proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto affixed this 26th
day of _ August , 2008.
City Clerk, Iowa City, Iowa
SEAL
MMCGINLE\588251.1\WP10714.083 & .094
~~
August 26 ,2~~$
The City Council of Iowa City, Iowa, met in regular session, in the Emma J.
Harvat I-Tall, City Hall, Iowa City, Iowa, at ~ : 00 o'clock P .M., on the above date.
Therc; were present Mayor Bailey , in the chair, and the following
named (;ouncil Members:
Bailey, Champion, Correia. Hayek, O'Donnell
Wilburn, Wright
Absent: None
**********
-1-
1'he Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the authorization of a Loan Agreement and the issuance of not to
exceed $8,000,000 Water Revenue Refunding Capital Loan Notes, Series 2008D, in order
to provide funds to pay costs of the refunding of the outstanding Series 1999 Water
Revenue Bonds, dated May 1, 1999, and that notice of the proposed action by the Council
to institute proceedings for the authorization of the Loan Agreement and the issuance of
the Notes, had been published pursuant to the provisions of Sections 384.24A and 384.83
of the City Code of Iowa, as amended.
The Mayor then asked the Clerk whether any written objections had been filed by
any city resident or property owner to the proposal. The Clerk advised the Mayor and the
Council that no written objections had been filed. The Mayor then called for oral
objections to the proposal and none were made. Whereupon, the Mayor declared the
time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
-2-
1'he Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the authorization of a Loan Agreement and the issuance of not to
exceed Sl 1,000,000 Water Revenue Refunding Capital Loan Notes, in order to provide
funds to pay costs of the refunding of outstanding Water Revenue Bonds, Series 2000,
dated December 1, 2000, and that notice of the proposed action by the Council to institute
proceedings for the authorization of the Loan Agreement and the issuance of the Notes,
had been published pursuant to the provisions of Sections 384.24A and 384.83 of the City
Code of Iowa, as amended.
The Mayor then asked the Clerk whether any written objections had been filed by
any city resident or property owner to the proposal. The Clerk advised the Mayor and the
Council that no written objections had been filed. The Mayor then called for oral
objections to the proposal and none were made. Whereupon, the Mayor declared the
time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
-3-
10
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Hayek introduced and
delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $8,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES,
SERIES 2008D", and moved:
^ that the Resolution be adopted.
^ to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings to the meeting to be held at o'clock _.M. on the
day of , 2008, at this place.
Council Member Correia seconded the motion. The roll was
called and the vote was,
AYES: Champion, Correia. Hayek, n'nnnnPll,
Wilburn, Wright, Bailey
NAYS:
None
V~Thereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-262
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $8,000,000 WATER REVENUE REFUNDING
CAPITAL LOAN NOTES, SERIES 2008D
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the
authorization of a Loan Agreement and the issuance of not to exceed $8,000,000 Water
Revenue Refunding Capital Loan Notes, Series 2008D, for the purpose of paying costs of
-4-
the refunding of the outstanding Series 1999 Water Revenue Bonds, dated May 1, 1999,
and has considered the extent of objections received from residents or property owners as
to the proposal and, accordingly the following action is now considered to be in the best
interests of the City and residents thereof; and
V~'HEREAS, the Council deems it in the best interest of the City to receive bids to
purchase the Notes by means of both sealed and electronic internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization of a Loan Agreement and issuance in the manner required by
law of not to exceed $8,000,000 Water Revenue Refunding Capital Loan Notes, Series
2008D, for the foregoing purpose.
Section 2. That the receipt of electronic bids by facsimile machine and through the
PARITI'~ competitive bidding is hereby found and determined to provide reasonable
security and to maintain the integrity of the competitive bidding process, and to facilitate
the delivery of bids by interested parties in connection with the offering of the Notes.
PASSED AND APPROVED this 26th day August , 2008.
?(. ~ ~:
ATTEST':
City Clerk
-5-
M~-~
11
1'he Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member 0' Donnell introduced and
delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $11,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES",
and moved:
® that the Resolution be adopted.
^ to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings to the meeting to be held at o'clock _.M. on the
day of
2008, at this place.
Council Member Wright seconded the motion. The roll was
called and the vote was,
AYES: Correia, Hayek, O'Donnell, Wilburn, Wright,
Bailey, Champion
NAYS:
None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-263
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $11,000,000 WATER REVENUE REFUNDING
CAPITAL LOAN NOTES
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the
authorization of a Loan Agreement and the issuance of not to exceed $11,000,000 Water
Revenue Refunding Capital Loan Notes, for the purpose of paying costs of the refunding
-6-
of outstanding Water Revenue Bonds, Series 2000, dated December 1, 2000, and has
considered the extent of objections received from residents or property owners as to the
proposal and, accordingly the following action is now considered to be in the best interests
of the City and residents thereof; and
WHEREAS, the Council deems it in the best interest of the City to receive bids to
purchase the Notes by means of both sealed and electronic Internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization of a Loan Agreement and issuance in the manner required by
law of not to exceed $11,000,000 Water Revenue Refunding Capital Loan Notes, for the
foregoing purpose.
Section 2. That the receipt of electronic bids by facsimile machine and through the
PARITY' competitive bidding is hereby found and determined to provide reasonable
security and to maintain the integrity of the competitive bidding process, and to facilitate
the delivery of bids by interested parties in connection with the offering of the Notes.
PASSED AND APPROVED this 26th day August , 2008.
ATTEST:
City erk
-7-
CIG-3
9/91
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a
true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board or
other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as required by said law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective city
offices as indicated therein, that no Council vacancy existed except as may be stated in
said proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto affixed this 26th
day of aui;ust , 2008.
City erk, Iowa City, Iowa
SEAL
MMCGINLE\588277.1 \W P 10714.092&.093
12
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-264
RESOLUTION AUTHORIZING CONVEYANCE OF AN EASEMENT TO
MIDAMERICAN ENERGY FOR UTILITY LINES AND A SWITCHBOX.
WHEREAS, as part of the airport obstruction removal project, MidAmerican Energy has agreed
to remove overhead power lines and to place them underground;
WHEREAS, the proposed relocation site is north of Highway 1 on a small parcel of airport land
located just to the west of 1620 Highway 1 west;
WHEREAS, the proposed easement allows MidAmerican Energy to place lines underground
and to place a switch box above ground; and
WHEREAS, the Federal Aviation Administration does not object to the City conveying this
easement.
WHEREAS, on August 11, 2008, the City Council adopted a Resolution declaring its intent to
convey an easement to MidAmerican Energy, authorizing public notice of the proposed
conveyance, and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a convey a utility easement to MidAmerican Energy, a copy of which is attached
to this resolution, at the Iowa City Municipal Airport at the site legally described in the
easement plat, which is Exhibit A to the proposed easement.
2. The City Attorney is hereby authorized to carry out any actions necessary to consummate
the conveyance required by law.
3. The City shall pay all recording costs.
Passed and approved this 26th day of August , 2008.
R '~j
ATTEST: ~ ~.r~-u..~ ~ - ~~/~
CITY CLARK
City Attorney's Office
Resolution No. 08-264
Page 2
It was moved by Wright and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
~_ Wilburn
x Wright
wpdata/glossarylresolution-ic.doc
~~
Prepared by: Susan Dulek, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356-5030
UTILITY EASEMENT AGREEMENT
This Agreement is made by a~d between the City of Iowa City, Iowa, a municipal corporation, and
MidAmerican Energy in Iowa Ci Iowa.
IT IS HEREBY AGREED AS FOLL`pWS:
For the sum of One Dollar and of r valuable consideration, the C
corporation ("Grantor"), hereby grants and conveys to MidAmerican E
easement on the property described depicted on the easement
("Easement Area") and incorporated herei for purposes of installing, pe
wires and a switchbox.
of Iowa City, a municipal
gy ("Grantee") a permanent
attached, marked Exhibit A
ng and maintaining electrical
The Grantee of this easement shall have the 'ght to install, lay, c nstruct, reconstruct, renew, operate,
maintain, and remove conduits, cables, pipes, nd lines, and all ther appliances, fittings and
appurtenances below the surface of the ground s may be nec ssary for the purpose of the transmission
and distribution of electric energy, the right to tr ,cut down`or remove such trees, brush, saplings, and
bushes as may interfere with the proper construc 'on, mailtenance, operation, or removal of said
facilities, equipment, and appurtenances, and the fight of ingress and egress in the most direct route and
with the minimum necessary equipment for all of e purposes aforesaid.
Grantee of this easement shall further have the right o place facilities, equipment, and appurtenances, in
the approximate dimension of 6 feet in width by 6 fe in depth by 6 feet in height above ground, the
right to trim, cut down or remove such trees, brush, sa lings, and bushes as may interfere with the proper
construction, maintenance, operation, or removal of sai facilities, equipment, and appurtenances, and
the right of ingress and egress in the most direct route an with the minimum necessary equipment for all
of the purposes aforesaid. The Grantee shall not place a other fixture, structure, equipment, facility,
or tree above ground in the easement area.
Grantee shall promptly backfill any trench made by it, restore oundcover and reseed any areas damaged or
disturbed, and repair any damages caused by it within the Ease nt Area as a result of the exercise of the
rights granted herein
Grantor, its successors and interests and assigns, reserve the right use the Easement Area for purposes
which will not interfere with`the Grantee's full enjoyment of rights reby granted; provided the Grantor
shall not erect or construc~'any structure, reservoir, retaining wall, or Other obstruction on said area, or
diminish or substantially~dd to the groundcover for said area.
The Grantee shall find mnify the Grantor against any loss and damage which shall be caused by the
negligent exercise of a y said ingress or egress, construction, use or maintenance rights by the Grantee or its
agents or employees in course of their employment and hold Grantor harmless therefrom.
Grantor hereby covenants that it is lawfully seized and possessed of the real estate above described by virtue
of legal and/or equitable title, and that it has good and lawful right to convey the Easement herein.
This easement shall inure to the benefit of and bind and the successors and assigns of the respective
parties hereto. All covenants shall be deemed to apply to and run with the title to the land.
DATED this
GRANTOR -- CITY OF IOWA
BY:
STATE OF IOWA )
SS:
JOHNSON COUNTY )
IOWA
On this day of
a Notary Public in and for said County, in said S te,
Karr, to me personally known, who being be me ly
respectively of said municipal corporation executi g
is the seal of said municipal corporation; that sai
municipal corporation by authority of City Counci
Bailey and Marian K Karr acknowledged that exgi/uti
of said municipal corporation and by them volutrtarily
Notary Public in and for the State of Iowa;•`
My Commission expires:
GRANTEE -- MID AMERICAN ENERGY
BY:
STATE OF IOWA
COUNTY
ss:
2008.
ATST:
M ian K. Karr, City Clerk
_ '' , 2008, before me, the undersigned,
;rs ally appeared Regenia D. Bailey and Marian K.
v rn, did say that they are the Mayor and City Clerk,
e foregoing instrument; that the seal affixed thereto
~strument was signed and sealed on behalf of said
said municipal corporation; and that the Regenia D.
1 of said instrument to be the voluntary act and deed
This instrument was acknowledged before me on
' (name(s) of person(s)) as
(type of authority, e.g, officer, trustee, etc.) of MidAmerican Energy.
Notary Public in and for the State of Iowa
2008 by
My Commission expires:
N~-~
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 08-265
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
~~
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, for the receipt of bids for the
construction of the above-named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 2:00 p.m. on the 25T" day of
September, 2008. At that time, the bids will be opened by the City Engineer or his
designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for
action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall,
City Hall, Iowa City, Iowa, at 7:00 p.m. on the 6~' day of October, 2008, or at a special
meeting called for that purpose.
Passed and approved this 26th day of
ATTEST:
CITY K
20 08
Approved by "
~VCl~GZ~~r ~.rlti/1J~l~~t~l~LtGjv
City Attorney's Office ~/L~~~
pwengUeslsource Vansfer.doc
Resolution No. 08-265
Page 2
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdataiglossary/resolution-ic.doc
U~-Lb-UtS
13
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO.
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AN ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
WATER TREA MENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT
ESTABLISHIN ~ AMOUNT OF BID SECURITY TO ACCOMPANY EACH B ,
DIRECTING CI~ CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, D
FIXING TIME AN PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of publi hearing on the plans, specifications, form of contr t and estimate of
cost for the above-named pr 'ect was published as required by law, and the aring thereon held.
NOW, THEREFORE, BE IT ESOLVED BY THE CITY COUNCIL THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estim a of cost for the above-named
project are hereby approve
2. The amount of bid security t accompany ea bid for the construction of the above-
named project shall be in the mount of 10°/ (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorize an directed to publish notice, not less than 4 and not
more than 45 days before the da for filing the bids, for the receipt of bids for the
construction of the above-named ro~ ct in a newspaper published at least once weekly
and having a general circulation ' the c~' y.
4. Sealed bids for the above-n ed project ire to be received by the City of Iowa City, Iowa,
at the Office of the City Jerk, at the City Hall, before 2:00 p.m. on the 25T" day of
September, 2008. At t at time, the bids v~ill be opened by the City Engineer or his
designee, and thereu on referred to the City~ouncil of the City of Iowa City, Iowa, for
action upon said bi at its next regular meetin , to be held at the Emma J. Harvat Hall,
City Hall, Iowa Ci ,Iowa, at 7:00 p.m. on the day of October, 2008, or at a special
meeting called fq that purpose.
Passed and approve this day of
ATTEST
CITY CLERK
MAYOR
City Attorney's Office ~/~/~ ~
20
by
transfer.doc
M f~
14
Prepared by: Terry Trueblood, Director of Parks & Recreation, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 08-266
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
WATERWORKS PRAIRIE PARK FISHING PIER PROJECT ,ESTABLISHING
AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, for the receipt of bids for the
construction of the above-named project in a newspaper published at least once weekly
and having a general circulation in the City.
4. .Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, 410 E. Washington Street, Iowa City, Iowa
52240, before 2:30 p.m. on the 18"' day of September, 2008. At that time, the bids will be
opened and announced by the City Engineer or his designee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its next regular
meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on
the 23rd day of September, 2008, or at a special meeting called for that purpose.
Passed and approved this 26th day of August , 20 O8
R
1 _/~ Appr ed b(, ,/
ATTEST: /'~i~.~] ~, yC` t/~ ~ G~ i~~~tGc. ~n7-/ ~~I~k~
CITY CLERK City Attorney's Office ,~ ..~d~a~
Resolution No. 08-266
Page 2
It was moved by Wright and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
~-
x
x
X
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
Mkt
15
Prepared by: Susan Dulek, Asst. City Attorney, E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-267
RESOLUTION AUTHORIZING AMENDING THE REAL ESTATE CONTRACT
EXECUTED ON NOVEMBER 21, 1995 WITH HAWKEYE AREA COMMUNITY
ACTION PROGRAM (HACAP) FOR THE SALE OF 1926 AND 1946
BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2, BRAVERMEN
CENTER, IOWA CITY, IOWA.
WHEREAS, in Resolution No. 95-935, the City conveyed, pursuant to a long term real estate
installment contract (Contract), 1926 Broadway Street and 1946 Broadway Street to Hawkeye
Community Action Program (HACAP) for the purpose of establishing 18 transitional housing units;
WHEREAS, the Contract provided for a balloon payment on February 1, 2006, and in Resolution
No. 03-284, the City approved an amendment to the Contract that extended the balloon payment
to September 1, 2008;
WHEREAS, HACAP has requested a second amendment to the Contract to extend the balloon
payment by an additional year to September 1, 2009; and
WHEREAS, it is in the public interest to help HACAP maintain its supportive services to homeless
families in Iowa City by lowering its monthly loan payment to the Housing Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Mayor and the City Clerk are authorized to execute the Second Amendment to Real
Estate Contract, a copy of which is attached, that amends the real estate installment sale
contract for 1926 and 1946 Broadway to extent the balloon payment to September 1,
2009.
2. The City Attorney is hereby authorized to take all necessary action to complete said
transaction, as required by law. The amendment to the real estate installment contract and
other documentation required by law shall be recorded by the City Clerk in the Johnson
County Recorder's Office at HACAP's expense.
Passed and approved this 26th day of August , 20 O8
c
ATTEST:_ ~ ~ ~ ~•ih-J
CIT ERK
Approved by
~~ t ~ ^d~
City Attorney's Office
Resolution No. 08-267
Page 2
It was moved by 0' Donnell and seconded by ham~?i on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
g Hayek
x O'Donnell
~ Wilburn
_
x Wright
wpdatalglossarylresolution-ic.doc
i~~C~iVED Auu ~ 8 200
SECOND AMENDMENT TO REAL ESTATE CONTRACT
This is an amendment to the Real Estate Contract-Installments Agreement between the
City of Iowa City ("City"), a municipal corporation, and Hawkeye Area Community Action
Program ("HACAP") entered into on November 21, 1995 ("Contract").
WHEREAS, the Contract provides that the City sells to HACAP real estate legally described as:
Lot 2 of part of Block 2, Braverman Center, Iowa City, Iowa, according to the plat thereof
recorded in Plat Book 7, page 20, Plat Records of Johnson County Iowa,
and locally addressed as 1926 Broadway Street, Iowa City, Iowa and 1946 Broadway Street,
Iowa City, Iowa;
WHEREAS, the parties executed the Amendment to Real Estate Contract on September 18,
2003;
WHEREAS, the Contract, as amended, has a balloon payment that is due September 1, 2008;
and
WHEREAS, the parties wish to amend the contract a second time to extend the date of the
balloon payment by one year.
IT IS THEREFORE AGREED that:
Exhibit A of the Contract, which is the Schedule of Payments, is deleted in its entirety and a new
Schedule A, which is attached to this amendment and incorporated herein, is substituted in lieu
thereof:
HACAP shall pay all costs to record this amendment and any other documentation required by
la~v to be recorded at the Johnson County Recorder's Office.
All other provisions of the Contract, as amended, remain in full force an effect.
HAWKEYE AREA COMMUNITY
ACTION PROGRAM
By:
ATTEST: ~~~eA~ ~ . 9~~c~
Marian K. Karr
City Clerk
By. ~iJ~
ecutive Director
ATTEST: ~cs''Y"' . ~ 1- _----
~oard ~ resid nt
CITY OF IOWA CITY, IOWA
R~CEI~dED ~{-iu ~ 8 2~Ot~
STATE OF IOWA )
SS:
JOHNSON COUNTY )
ACKNOWLEDGMENT
On this ah day of ac.~Gusr' 2008, before me,
$~,,,to~F „Q-S-- , a Notary Public in and for said State, personally
appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation
executing the within and foregoing instrument; that the seal affixed hereto is the seal of said
municipal corporation, and that the said Regenia D. Bailey and Marian K. Karr acknowledged the
execution of said instrument to be the voluntary act and deed of said municipal corporation, by it
and by them voluntarily executed.
o.~e9`~''~,r SONDRAE FORT
_ ~ Commission Number 159791
My Commission Facpires
iow ~ 7 CD
STATE OF IOWA )
SS:
,19 ~ ~ OUNTY )
~~
Notary Public in and for Johnson County, Iowa
On this a/s~ day of ~u~Ka~" , 2008, before~me, the undersigned, a
Notary Public in and for the State F1f Iowa, personally appeared-~~An[~ ,Urt~,L~u,~y
and ~~~ LLi_TT,,~., _ ~~ p.,~.~•on , to me personally known, who being by me duly sworn,
did say they are the Executive Director and Board President, respectively, of the corporation
executing the foregoing instrument; that no seal has been procured by the corporation; that the
instrument w s signed on behalf of the corporation by authority of its Board of Dir ctors; that
.TAn r .Tr~PerrtG and .r,,, ,
acknowledged the execution of the instrument to be the vo ntary ac and deed of the corporation
and of the fiduciary, by it, by them and as fiduciary voluntarily executed.
Nota Pu 'c in and for the State of Iowa
Approved By: ~`~b
City Attorney's Office
._ _ ,, ~ t ~
Tarp amortization1
NAME AUUKCJJ
i z~, {'~ ~
~ .
LOAN DATA TABLE DATA
Loan amount: . `5471;428'.00 Table starts at date:
Annual interest rate: ~ 5 `50~% or at payment number: 1 . .
Term in years: 40 Loan Amount $471,428.00
Payments per year: 12 Total Interest $465,600.02
First payment due: 10/1/2003 Total Paid $937,028.02
PERIODIC PAYMENT
The table uses the calculated periodic payment amount,
Entered payment:
Calculated payment: ~.,
$2 431:49
unless you enter a value for "Entered payment.
"
CALCULATIONS
Use payment of:
$2,431.49
Beginning balance at payment 1:
~_.,..
_$471 428:00
1st payment in table: `1 Cumulative interest prior to payment 1: `,So.oo
Payment Beginning Ending Cumulative
No Date Balance Interest Principal Balance Interest
.
1 10/1 /2003 471,428.00 2,160.71 270.77 471,157.23 2,160.71
2 11 /1 /2003 471,157.23 2,159.47 272.01 470,885.21 4, 320.18
3 12/1/2003 470,885.21 2,158.22 273.26 470,611.95 6,478.41
4 1/1/2004 470,611.95 2,156.97 274.51 470,337.44 8,635.38
5 2/1/2004 470,337.44 2,155.71 275.77 470,061.66 10,791.09
6 3/1/2004 470,061.66 2,154.45 277.04 469,784.63 12,945.54
7 4/1/2004 469,784.63 2,153.18 278.31 469,506.32 15,098.72
8 5/1/2004 469,506.32 2,151.90 279.58 469,226.74 17,250.62
9 6/1/2004 469,226.74 2,150.62 280.86 468,945.88 19,401.25
10 7/1/2004 468,945.88 2,149.34 282.15 468,663.73 21,550.58
11 8/1/2004 468,663.73 2,148.04 283.44 468,380.28 23,698.62
12 9/1/2004 468,380.28 2,146.74 284.74 468,095.54 25,845.37
13 10/1/2004 468,095.54 2,145.44 286.05 467,809.49 27,990.80
14 11/1/2004 467,809.49 2,144.13 287.36 467,522.13 30,134.93
15 12/1/2004 467,522.13 2,142.81 288.68 467,233.46 32,277.74
16 1/1/2005 467,233.46 2,141.49 290.00 466,943.46 34,419.23
17 2/1/2005 466,943.46 2,140.16 291.33 466,652.13 36,559.39
18 3/1/2005 466,652.13 2,138.82 292.66 466,359.47 38,698.21
19 4/1/2005 466,359.47 2,137.48 294.00 466,065.46 40,835.69
20 5/1/2005 466,065.46 2,136.13 295.35 465,770.11 42,971.82
21 6/1/2005 465,770.11 2,134.78 296.71 465,473.41 45,106.60
22 7/1/2005 465,473.41 2,133.42 298.07 465,175.34 47,240,02
23 8/1/2005 465,175.34 2,132.05 299.43 464,875.91 49,372.07
24 9/1/2005 464,875.91 2,130.68 300.80 464,575.10 51,502.76
~~~
Page 1
Tarn amortization1
Payment Beginning Ending Cumulative
No. Date Balance Interest Principal Balance Interest
25 10/1/2005 464,575.10 2,129.30 302.18 464,272.92 53,632.06
26 11/1/2005 464,272.92 2,127.92 303.57 463,969.35 55,759.98
27 12/1/2005 463,969.35 2,126.53 304.96 463,664.39 57,886.50
28 1/1/2006 463,664.39 2,125.13 306.36 463,358.04 60,011.63
29 2/1/2006 463,358.04 2,123.72 307.76 463,050.28 62,135.36
30 3/1/2006 463,050.28 2,122.31 309.17 462,741.10 64,257.67
31 4/1/2006 462,741.10 2,120.90 310.59 462,430.51 66,378.57
32 5/1 /2006 462,430.51 2,119.47 312.01 462,118.50 68,498.04
33 6/1/2006 462,118.50 2,118.04 313.44 461,805.06 70,616.08
34 7/1/2006 461,805.06 2,116.61 314.88 461,490.18 72,732.69
35 8/1/2006 461,490.18 2,115.16 316.32 461,173.86 74,847.85
36 9/1 /2006 461,173.86 2,113.71 317.77 460,856.09 76, 961.57
37 10/1/2006 460,856.09 2,112.26 319.23 460,536.86 79,073.82
38 11 /1 /2006 460,536.86 2,110.79 320.69 460,216.17 81,184.62
39 12/1/2006 460,216.17 2,109.32. 322.16 459,894.01 83,293.94
40 1/1/2007 459,894.01 2,107.85 323.64 459,570.37 85,401.79
41 2/1/2007 459,570.37 2,106.36 325.12 459,245.25 87,508.15
42 3/1/2007 459,245.25 2,104.87 326.61 458,918.63 89,613.03
43 4/1/2007 458,918.63 2,103.38 328.11 458,590.53 91,716.40
44 5/1/2007 458,590.53 2,101.87 329.61 458,260.91 93,818.28
45 .6/1/2007 458,260.91 2,100.36 331.12 457,929.79 95,918.64
46 7/1/2007 457,929.79 2,098.84 332.64 457,597.15 98,017.48
47 8/1/2007 457,597.15 2,097.32 334.17 457,262.98 100,114.80
48 9/1/2007 457,262.98 2,095.79 335.70 456,927.29 102,210:59
49 10/1/2007 456,927.29 2,094.25 337.24 456,590.05 104,304.84
50 11/1/2007 456,590.05 2,092.70 338.78 456,251.27 106,397.55
5'I 12/1/2007 456,251.27 2,091:15 340.33 455,910.94 108,488.70
52 1/1/2008 455,910.94 2,089.59 341.89 455,569.04 110,578.29
53 2/1/2008 455,569.04 2,088.02 343.46 455,225.58 112,666.32
54 3/1/2008 455,225.58 2,086.45 345.03 454,880.55 114,752.77
55 4/1/2008 454,880.55 2,084.87 346.62 454,533.93 116,837.64
56 5/1/2008 454,533.93 2,083.28 348.21 454,185.73 118,920.92
57 6/1/2008 454,185.73 2,081.68 349..80 453,835.93 121;002.60
58 7/1/2008 453,835.93 2,080.08 351.40 453,484.52 123,082.68
59 8/1/2008 453,484:52 2,078.47 353.01 453,131.51 125,161.15
60 9/1/2008 453,131.51 2,076.85 354.63 452,776.87 127,238.01
61 10/1/2008 452,776.87 2,075.23 356:26 452,420.62 129,313.23
62 11/1/2008 452,420.62 2,073.59 357.89 452,062.72 131,386.83
63 12/1/2008 452,062.72 2,071.95 359.53 451;703.19 133,458.78
64 1/1/2009 451,703.19 2,070.31 361.18 451,342.01 135,529.09
65 2/1/2009 451,342.01 2,068.65 362.83 450,979.18 137,597.74
66 3/1/2009 450,979.18 2,066.99 364.50 450,614.68 139,664.73
67 4/1/2009 450,614.68 2,065.32 366.17 450,248.51 141,730.04
68 5/1/2009 450,248.51 2,063.64 367.85 449,880.67 143,793.68
69 6/1/2009 449,880.67 2,061.95 369.53 449,511.13 145,855.64
70 7/1/20 9 449,511.13 2,060.26 371.23 449,139.91 147,915.90
71 8/1/2009 449,139.91 2,058.56 372.93 448,766.98 149,974.45
72 9/1/2009 448,766.98 2,056.85 374.64 448,392.34 152,031.30
~.5
SECOND AMENDMENT TO REAL ESTATE CONTRACT
This is an amendment to the Real Estate Contract-Installments Agreement between the
City of Iowa City ("City"), a municipal corporation, and Hawkeye Area Community Action
Program ("HACAP") entered into on November 21, 1995 ("Contract").
WHEREAS, the Contract provid ~ that the City sells to HACAP real estate legally described as:
Lot 2 of part of Block 2, Braverman Center, Iowa City, Iowa, according to the plat thereof
recorded in Plat Book 7, page 20, Plat Records of Johnson County Iowa,
and locally addressed as 1926 Broadway Street, Iowa City,, fovea and 1946 Broadway Street,
Iowa City, Iowa;
WHEREAS, the parties executed the Ar'~endment to Real Estate Contract on September 18,
2003; '`~,
:;
WHEREAS, the Contract, as amended, has~a ba4i'oon payment that is due September 1, 2008;
and ~'~ ; ,
i'
WHEREAS, the parties wish to amend the.'cofitract a second time to extend the date of the
balloon payment by one year. ~~
1
'~
IT IS THEREFORE AGREED that: '~
~`ti
Exhibit A of the Contract, which is the`Schedule of Pa`~iments, is deleted in its entirety and a new
Schedule A, which is attached to this amendment and\incorporated herein, is substituted in lieu
thereof: ~'~
4
HACAP shall pay all costs to record this amendment anc},any other documentation required by
law to be recorded at the Johnson County Recorder's Office`.
''~
All other provisions of the contract, as amended, remain in fu~,force an effect.
`~l
CITY OF IOWA CITY, IOWA HAWKEYE~AREA COMMUNITY
ACTION PROGRAM
By:
Regenia D., $ailey
Mayor
ATTEST: ``
Marian K. Karr
City Clerk
Executive Director
By:
ATTEST:
Board President
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this
AC NOWLEDGMENT
day of
2008, before me,
a Notary Public in and for said State, personally
appeared Regenia D. Bailey and Marian K. parr, 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 instrumeri~; that the seal affixed hereto is the seal of said
municipal corporation, and that the said Regeni~ D. Bailey and Marian K. Karr acknowledged the
execution of said instrument to be the voluntary ~ct and deed of said municipal corporation, by it
and by them voluntarily executed.
Notary Public in end for Johnson County, Iowa
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this day of ,' 008, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appear d
and , to me personally kn wn, who being by me duly sworn,
did say that they are the Executive Director and Board Presid t, respectively, of the corporation
executing the foregoing instrument; that no seal has been procured by the corporation; that the
instrument was signed on behalf of the corporation by authority pf its Board of Directors; that
and
acknowledged the execution of the instrument to be the voluntary~,act and deed of the corporation
and of the fiduciary, by it, by them and as fiduciary voluntarily executed.
Notary Public in and for the State of Iowa
Approved By:
~' `J~ g - ~ 3 ,o ~
,~
City Attorney's Office
Tarp amortization1
~.
...
-'1
PERIODIC PAYMENT
Entered payment: '~ The table uses the calculated periodic payment amount,
Calculated payment: $2,431 ~~49 unless you enter a value for "Entered payment."
CALCULATIONS
Use payment of: $2,431.49 Beginning balance at payment 1: $471,428.00
1st payment in table: 1 Cumulative interest prior to payment 1: $0.00
Payment Beginning Ending Cumulative
No. Date Balance Interest Principal Balance Interest
1 10/1 /2003 471,428.00 2,160.71 270.77 471,157.23 2,160.71
2 11/1/2003 471,157.23 2,159.47 272.01 470,885.21 4,320.18
3 12/1/2003 470,885.21 2,158.22 273.26 470,611.95 6,478.41
4 1/1/2004 470,611.95 2,156.97, 274.51 470,337.44 8,635.38
5 2/1/2004 470,337.44 2,155.71', 275.77 470,061.66 10,791.09
6 3/1/2004 470,061.66 2,154.45 277.04 469,784.63 12,945.54
7 4/1/2004 469,784.63 2,153.18 278.31 469,506.32 15,098.72
8 5/1/2004 469,506.32 2,151.90 279.58 469,226.74 17,250.62
9 6/1/2004 469,226.74 2,150.62 280.86 468,945.88 19,401.25
10 7/1/2004 468,945.88 2,149.34 282.15 468,663.73 21,550.58
11 8/1/2004 468,663.73 2,148.04 2'g3.44 468,380.28 23,698.62
12 9/1/2004 468;380.28 2,146.74 284.74 468,095.54 25,845.37
13 10/1/2004 468,095.54 2,145.44 286.05 467,809.49 27,990.80
14 11 /1 /2004 467,809.49 2,144.13 287.36 467,522.13 30,134.93
15 12/1/2004 467,522.13 2,142.81 288.68 467,233.46 32,277.74
16 1/1/2005 467,233.46 2,141.49 290.00 466,943.46 34,419.23
17 2/1/2005 466,943.46 2,140.16 291.33 466,652.13 36,559.39
18 3/1/2005 466,652.13 2,138.82 292.66 466,359.47 38,698.21
19 4/1/2005 466,359.47 2,137.48 294.00 466,065.46 40,835.69
20 5/1/2005 466,065.46 2,136.13 295.35 465,770.11 42,971.82
21 6/1/2005 465,770.11 2,134.78 296.71 465,473.41 45,106.60
22 7/1/2005 465,473.41 2,133.42 298.07 465,175.34 47,240,02
23 8/1/2005 465,175.34 2,132.05 299.43 464,875.91 49,372.07
24 9/1/2005 464,875.91 2,130.68 300.80 464,575.10 51,502.76
Page 1
u w ^w~ AUUKt,J
LOAN DATA I HDLG L/N 1 r
Loan amount: $47,428.00 Table starts at date:
Annual interest rate: ' 5.50% or at payment number: 1
Term in years: 40 Loan Amount $471,428.00
Payments per year: 12 Total Interest $465,600.02
First payment due: .10/1/2003 Total Paid $937,028.02
Taro amortization1
Payment Beginning Ending Cumulative
No. Date Balance Interest Princi al Balance Interest
25 10/1/2005 464,575.10 2,129.30 302.18 464,272.92 53,632.06
26 11/1/2005 464,272.92 2,127.92 303.57 463,969.35 55,759.98
27 12/1/2005 463,969.35 2,126.53 304.96 463,664.39 57,886.50
28 1/1/2006 463,664.39 2,125.13 306.36 463,358.04 60,011.63
29 2/1/2006 463,358.04 2,123.72 307.76 463,050.28 62,135.36
30 3/1/2006 463,050.28 2,122.31 309.17 462,741.10 64,257.67
31 4/1/2006 462,741.10 2,120.90 310.59 462,430.51 66,378.57
32 5/1/2006 462,430.51 2,119.47 312.01 462,118.50 '68,498.04
~
33 6/1/2006 462,118.50 2,118.04 313.44 461,805.06 70,616.08
.'
34 7/1 /2006 461,805.06 2,116.61 314.88 461,490.18.-' 72,732.69
35 8/1 /2006 461,490.18 2,115.16 316.32 461,173 ;SO 74, 847.85
36 9/1 /2006 461,173.86 ' 2,113.71 317.77 460,86.09 76,961.57
37 10/1/2006 460,856.09 2,112.26 319.23 460,836.86 79,073.82
38 11 /1 /2006 460,536.86 ~: 2,110.79 320.69 4F0,216.17 81,184.62
39 12/1/2006 460,216.17 2,109.32 322.16 ,459,894.01 83,293.94
40 1/1!2007 459,894.01 2,107.85 323.64 459,570.37 85,401.79
41 2/1/2007 459,570.37 ~ 2,106.36 325.12 =' 459,245.25 87,508.15
42 3/1/2007 459,245.25 2,104.87 326.61:' 458,918.63 89,613.03
43 4/1/2007 458,918.63 ,103.38 328., 1 458,590.53 91,716.40
44 5/1/2007 458,590.53 ,101.87 32,8.61 458,260.91 93,818.28
45 6/1/2007 458,260.91 2100.36 331.12
~ 457,929.79 95,918.64
46 7/1/2007 457,929.79 2, 98.84 332.64
~` 457,597.15 98,017.48
47 8/1/2007 457,597.15 2, 7.32 334.17 457,262.98 100,114.80
48 9/1/2007 457,262.98 2,0 5.79 335.70 456,927.29 102,210.59
49 10/1/2007 456,927.29 2,09 .25 -'
~ 337.24 456,590.05 104,304.84
50 11/1/2007 456,590.05 2,09 .70 ' 338.78 456,251.27 106,397.55
51 12/1/2007 456,251.27 2,091.1,5 340.33 455,910.94 108,488.70
52 1/1/2008 455,910.94 2,089::9 341.89 455,569.04 110,578.29
53 2/1/2008 455,569.04 2,08$. 343.46 455,225.58 112,666.32
54 3/1/2008 455,225.58 2,tl86.4 345.03 454,880.55 114,752.77
55 4/1/2008 454,880.55 2,084.87 346.62 454,533.93 116,837.64
56 5/1/2008 454,533.93 :`2,083.28 348.21 454,185.73 118,920.92
57 6/1/2008 454,185.73 2,081.68 349.80 453,835.93 121,002.60
58 7/1/2008 453,835,93 2,080.08 351.40 453,484.52 123,082.68
59 8/1/2008 453,484.52 2,078.47 353.01 453,131.51 125,161.15
60 9/1/2008 453,131.51 ' 2,076.85 354.63 452,776.87 127,238.01
61 10/1/2008 452,776.87 2,075.23 356.26 452,420.62 129,313.23
62 11/1/2008 452,420:62 2,073.59 357.89 452,062.72 131,386.83
63 12/1/2008 452,062.72 2,071.95 359.53 451,703.19 133,458.78
64 1/1/2009 451,703.19 2,070.31 1.18 451,342.01 135,529.09
65 2!1/2009 451,342.01 2,068.65 3 .83 450,979.18 137,597.74
66 3/1/2009 450,979.18 2,066.99 364`ta0 450,614.68 139,664.73
67 4/1/2009 4,50,614.68 2,065.32 366.17... 450,248.51 141,730.04
68 5/1/2009 .450,248.51 2,063.64 367.85 '• 449,880.67 143,793.68
69 6/1/2009 449,880.67 2,061.95 369.53 449,511.13 145,855.64
70 7/1/2009 449,511.13 2,060.26 371.23 449,139.91 147,915.90
71 8/1/2009 449,139.91 2,058.56 372.93 448,766,98 149,974.45
72 9/1/2009 448,766.98 2,056.85 374.64 448,392.34 152,031.30
M~
Prepared by: Mary Niichel-Hegwood, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5078
RESOLUTION NO. 08-268
RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES
CONTRACT TO BIG 10 UNNERSITY TOWING, INC.
WHEREAS, on July 8, 2008, the City prepared a request for proposal for vehicle towing and
storage services for a three (3) year contract; and
WHEREAS, proposals were received and evaluated by staff according to the criteria set out in the
request for proposal; and
WHEREAS, Big 10 University Towing, Inc has submitted the proposal which best meets the
City's needs for a three (3) year towing contract, and will meet all requirements of the proposal
documents by the start of the contract; and
WHEREAS, it is in the public interest that the City of Iowa City, Iowa enter into a contract with
Big Ten University Towing, Inc. for towing and storage service, a copy of which is attached to
this resolution, to be effective on September 1, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, THAT:
1. Subject to Big Ten University Towing, Inc. satisfaction of all particulars noted in
their proposal by September 1, 2008, the City hereby accepts the Big Ten University
Towing, Inc. proposal for towing service as in the public interest, and approves
the contract as to content and form.
The Mayor is authorized to sign and the City Clerk to attest the attached contract
on behalf of the City.
The City Manager or designee is hereby authorized to administer said contract.
Passed and approved this 26th day of
ATTEST: '~-
CITY ERK
,31d~
~ ~:
Ap ved by ~
.l
City Attorney's Office
Resolution No. 08-268
Page 2
It was moved by Champion and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN
g Bailey
X Champion
g Correia
Hayek g
~ O'Donnell
g Wilburn
X Wright
RFP 09-16, Page 16 of 23
SECTION III. CONTRACT
THIS AGREEMENT, made and entered into this 1S` day of September, 2008, by and between the
CITY OF IOWA CITY, hereinafter referred to as "City," and Big 10 University Towing, Inc.,
hereinafter referred to as "Contractor."
WHEREAS, the City has prepared certain lists, specifications, and proposal blanks, dated and filed
the 8~' day of July, 2008, for vehicle towing and storage services for three (3) years effective
September 1, 2008.
WHEREAS, it is in the public interest to enter into a Contract to carry out the towing, storage and
disposal of motor vehicles in Iowa City; and
WHEREAS, said lists, specifications, and proposal accurately and fully describe the terms and
conditions upon which the Contractor is willing to perform the work specified.
NOW, THEREFORE, in consideration of their mutual promises, it is agreed between the Parties as
follows:
1. The City hereby accepts the Contractor's proposal for the work and for the sums listed below:
See attached rate sheet, Section V
2. City and Contractor agree this Contract consists of the following component parts, which are
made a part of this Contract by reference, as if set out in full herein:
a. Specifications, including
(1) Specific Conditons and Instructions
(2) Detailed Specifications
(3) Company Information and Rate Sheets
RFP 09-16, Page 17 of 23
b. Contractor's Proposal
c. This Instrument/Contract
3. Payments are to be made to the Contractor in accordance with and subject to the provisions set
forth herein, together with the documents made a part of this Contract.
4. This Contract is executed in duplicate.
CITY OF I WA CITY, IOWA
B J
Y
Title I'O1AVaQ
AT~~TE, ST: ~/ ~,~/ }
Title CtTv `-L~IL
CONTRACTOR
Title
ATTEST:
Approved by
r i
City Atto ey's O ~ _
~~
RFP #09-16, Page 21 of 23
SECTION V. RATE SHEETS
The City is not responsible for the bidder's failure to provide information and pricing on required items. In
this instance the prices submitted will prevail as the proposal price for all required equipment, supplies,
labor, and travel.
RATES PROPOSED:
GROUP I: Rates for Group I apply to those vehicles which are NOT owned by the City. The
services must be performed as a result of a call from a City dispatcher or official (City-owned or
leased vehicles are included in Group II.)
GROUP I. CLASS A: TOWING AND/OR RECOVERY
CARS PICKUPS. MOROTCYCLES_
BID PRICE
STANDARD TOW . ...........................................................................$ ``15 -~
DOLLY CHARGE .1.C?~..~.°::~~::^:° •~-5 ~ ~
MILEAGE OUTSIDE CITY LIMITS .........................................................................$ ~~`~~
MILEAGE OUTSIDE CITY LIMITS ON DOLLYS .................................................$ --
WINCHING (First 1/2 hour) ........................................................................................$ `J~_C~J
WINCHING (After first 112 hour) ...............................................................................$ ti0. C1v
TIRE OR WHEEL CHANGE ......................................................................................$ l.~_ 00
STANDBY TIME (First 1/2 hour) ...............................................................................$ `~i0.00
STANDBY TIME (After first I/2 hour) ......................................................................$ ~l0 -00
SHOW-UP FEE ............................................................................................................$ '~.OC>
AFTER HOURS RELEASE CHARGE (between 8:00 p.m. and 8:00 a.m.) .............. S l,S .. ~lC'~ _
GROUP I. CLASS C: TOWING AND/OR RECOVERY BID PRICE
TRUCKS, TRACTORS, HOUSE TRAILERS, TRUCK TRAILERS,
BUSES,ETC ................................................................................................................ $ .~Sp.~1
SEMI TRACTOR TRAILERS ..................................................................................... $ ~.-~~. ~`~
MILEAGE OUTSIDE CITY LIMITS ......................................................................... $_ '~-1.00
MILEAGE OUTSIDE CITY LIMITS ON DOLLYS ................................................. $_ --
WINCHING (First 1/2 hour) ........................................................................................ $ ~~O •~
WINCHING (After first I/2 hour) ............................................................................... $ ],~~
TIRE OR WHEEL CHANGE ...................................................................................... $ t~A
STANDBY TIME (First 1/2 hour) ............................................................................... $ l O~ •C~1
STANDBY TIME (After first 1 /2 hour) ...................................................................... $ 1 y0 _~:~: ~
SHOW-UP FEE ............................................................................................................ $ 100- 00
AFTER HOURS RELEASE CHARGE (between 8:80 p.m. and 800 a.m.) .............. $ 19:~-~\1
707 1~
GROUP (. STORAGE -Per 24 hour period beginning at impound, Section E, 2. BID PRICE
CARS, PICKUPS, MOTORCYCLES (Outside Storage) ...........................................$ 1`~-_~
CARS, PICKUPS, MOTORCYCLES (Inside Storage for first seven
days - by Police Request ONLY) ........................................................................ $ .LS
TRUCKS, TRACTORS, HOUSE TRAILERS, TRUCK TRAILERS,
BUSES, ETC (Outside Storage) .............................................
TRUCK TRACTOR TRAILERS (Outside Storage) ...................................................$ :,LS O~'~
RFP #09-16, Page 22 of 23
GROUP I. ACCIDENT CLEAN-UP BID PRICE
ACCIDENT CLEAN-UP (First 1/2 hour) ....................................................$ ~~. -~~~
ACCIDENT CLEAN-UP (After first 1/2 hour) ...............................................$ ;~; w
GROUP lI: Rates for Group II apply ONLY to those vehicles which are owned or leased by the City.
The services must be performed as a result of a call from a City Dispatcher or official.
GROUP ll. CLASS A: TOWING AND/OR RECOVERY BID PRICE
STANDARD TOWS ........................................................................................................$ ., ., .`~
DOLLY CHARGE ...........................................................................................................$ ~~L.
MILEAGE OUTSIDE CITY LIMITS .............................................................................$ ~.~>
MILEAGE OUTSIDE CITY LIMITS ON DOLLYS .....................................................$ --~
WINCHING (First /z hour) $ ~S y
WINCHING (After first'/z hour) ......................................................................................$~-c..~_~.~..
STANDBY TIME (First'/z hour) .....................................................................................$ tiC
STANDBY TIME (After first'/ hour) ............................................................................ $ N'~
SHOW-UP FEE ................................................................................................................$ NL-
AFTER HOURS RELEASE CHARGE (between 860 p.m. and 8-60 a.m.) ..................$ NC.
`1'v0 `lw
GROUP II. CLASS C: TOWING AND/OR RECOVERY BID PRICE
TRUCKS, TRACTORS, BUSES .....................................................................................$ :)~1.~
UNDERREACH ...............................................................................................................$ ---
FIRST HOUR (Per Unit) ................................................................................................. $ l ~~~ CEO
AFTER FIRST HOUR (Per Unit) ....................................................................................$ 1 U~ .»
GROUP ll. ACCIDENT CLEAN-UP BID PRICE
ACCIDENT CLEAN-UP (First 1 /2 hour) .....................................................$ ~ C.
ACCIDENT CLEAN-UP (After first 1/2 hour) ...............................................$~~
3. MISCELLANEOUS FEES:
(Additional fees not included in the rates listed above) BID PRICE
$
The undersigned bidder, having examined and determined the scope of this Request for Proposal, hereby
proposes to provide the required equipment, supplies, labor, and travel to perform the work as described in the
proposal documents and to do all work at the prices set forth within.
The undersigned bidder states that this bid is made in conformity with the specifications and qualifications
contained herein. In the event that there are any discrepancies or differences between any conditions of the
vendor's proposal and the Request for Proposal prepared by the City of Iowa City, the City's Request fur
Proposal shall prevail.
RFP #09-16, Page 23 of 23
The undersigned bidder certifies that this bid is made in good faith and without collusion or connection with
any other person or persons bidding on the project.
AUTI-IORIZED SIGNATURE:
NAME OF FIRM: .c \ U~x~w-e3~~` ~ ~ v.>:>~t~~ ~` ~ ~
ADDRESS: -~~`,~ 1-\~,J~, \ ~`..; ` ~..~~ L~ `~ ~ .0.
5 ~y~
PHONE NUMBER: ~\5 - ~~~-~°~~~
TOLL FREE NUMBER:
FAX NUMBER:
3\5-~Sy- ~g`~~ -
E-MAIL ADDRESS: N~ ~~. ~~ ~ ~~ ~~`s~s~. • C~
WEB SITE ADDRESS: ~ti~ ~1~~ ~ ~\~ \~~~~~. -L~~'~-
NAME & TITLE OF REPRESENTATIVE: t~~,~~vJ ~~ ~1~`~~~C~~ U~~~~--
SIGNATURE OF REPRESENTATIVE: ~-CG-' _
-r7-,~ r
DATE SIGNED: ~ '-~~' ~ d
--r
Addenda Form
The undersigned hereby acknowledges receipt of the following applicable addenda:
Addenda Number
Date
~~~~~'
os-zs-os
18
r ~
'= 1 CITY OF IOWA CITY
~~.®~~
®~~~ M E M D RA
Date: August 13, 2008
To: Matt Johnson, Police Captain
Rick Wyss, Police Captain
Chris O'Brien, Acting Director of Parking and Transit
Melissa Miller, Customer Service Manager
From: Mary Niichel-Hegwood, Purchasing Agent
Re: Vehicle Towing and Storage Services Contract
September 1, 2008 through August 31, 2011
Background
On July 8, 2008 the Purchasing Division posted a Request for Proposal on the City's website for
the Vehicle Towing and Storage Services Contract. APre-Submission Conference was held on
July 14, 2008 to provide interested vendors with an opportunity to discuss the City's vehicle and
storage requirements, to discuss the specifications related to the contract, and to ask questions
that pertained to the Request for Proposal. The Pre-Submission Conference was not
mandatory; the following vendor attended the conference: Big 10 University Towing, Inc.
Vendors were required to submit a proposal by 2:30 p.m. on August 4, 2008. On
August 4, 2008 the Purchasing Division received a proposal from one vendor, Big 10 University
Towing, Inc.
An evaluation committee, including representatives from the Police Department and the Parking
and Transit Department, evaluated the proposal submitted by Big 10 University Towing, Inc.
After careful review of the proposal and consideration of the City's requirements, previous
experience with the vendor, and a facility inspection, representatives from the City of Iowa City
recommend Big 10 Towing, Inc. to receive the award for Vehicle Towing and Storage Services,
RFP #09-16.
Comments
Big 10 University Towing, Inc. will retain the Vehicle Towing & Storage Services Contract
through August 31, 2011.
Price changes are reflected in the rate sheets.
The contract will cover an estimated 3,700 tows per year. At a conservative estimate of $75.00
per tow, the contract is worth approximately $277,500 per year, or $832,500 for the three-year
period. The increase in the price per tow from $40.00 to $75.00 is attributed to the increase in
the price of fuel. In addition, Big 10 Towing Inc. did not raise towing and storage service rates
during the previous three year contract with the City. The City receives no direct revenue from
this contract.
Cc: Tom Hansen, Equipment Superintendent
Barb Morck, Acting Transit Manager
Eleanor Dilkes, City Attorney
RFP #06-02, Page 21 of 23 ~ ~ ~tJ ~'~~~~ BATES
SECTION VI. RATE SHEETS
The City is not responsible for the bidder's failure to provide information and pricing on required items. In this
instance the prices submitted will prevail as the proposal price for all required equipment, supplies, labor,
and travel.
RATES PROPOSED:
GROUP I: Rates for Group I apply to those vehicles which are NOT owned by the City. The
services must be performed as a result of a call from a City dispatcher or official. (City-owned or
leased vehicles are included in Group ll.)
GROUP I. CLASS A: TOWING AND/OR RECOVERY
CARS. PICKUPS. MOROTCYCLES BID PRICE
STANDARD TOW ..............................................................................................$~
DOLLY CHARGE ................................................................................. .............$ 15.00
MILEAGE OUTSIDE CITY LIMITS .......................................................... .............$ NC
MILEAGE OUTSIDE CITY LIMITS ON DOLLYS ....................................... .............$ NC
WINCHING (First 1/2 hour) .................................................................... .............$ 1 0 _ nn
WINCHING (After first 1/2 hour) .............................................................. .............$ i n~nn
TIRE OR WHEEL CHANGE ...........................................................:...... .............$--ZO,-OA--
STANDBY TIME (First 1/2 hour) ............................................................. .............$ _TT~--
STANDBY TIME (After first 1/2 hour) ...................................................... .............$-,~ _
SHOW-UP FEE ................................................................................... .............$-~-A-.-9a-
AFTER HOURS RELEASE CHARGE (between 8:00 p.m. and 8:00 a.m.) .. .............$-~~_
GROUP I. CLASS C: TOWING AND/OR RECOVERY BID PRCE
TRUCKS, TRACTORS, HOUSE TRAILERS, TRUCK TRAILERS,
BUSES, ETC ....................................................................................... .............$--~-,~-
.................................. ...........................
.....
SEMI TRACTOR TRAILERS
............
$-~~_
MILEAGE OUTSIDE CITY LIMITS .......................................................... .............$~~ Mile
MILEAGE OUTSIDE CITY LIMITS ON DOLLYS ....................................... .............$~~
WINCHING (First 1/2 hour) .................................................................... .............$~$A--
WINCHING (After first 1/2 hour) .............................................................. .............$-~9-0~_
TIRE OR WHEEL CHANGE .................................................................. .............$ *~-
STANDBY TIME (First 1/2 hour) ............................................................. .............$ ~~-
STANDBY TIME (After first 1/2 hour) ...................................................... .............$-~.
SHOW-UP FEE ................................................................................... .............$-~ n~_
AFTER HOURS RELEASE CHARGE (between 8:00 p.m. and 8:00 a.m.) .. .............$ rrr
ROUP I. STORAGE -Per 24 hour period beginning at impound, Section F, 2. BID PRICE
CARS, PICKUPS, MOTORCYCLES (Outside Storage) .........................................$ ~ n nn _
CARS, PICKUPS, MOTORCYCLES (Inside Storage for first seven
da s b Police Re uest ONL ..........................................$ 10.00 _
Y - Y q ~ ......................
TRUCKS, TRACTORS, HOUSE TRAILERS, TRUCK TRAILERS,
BUSES, ETC (Outside Storage) ....................................................................$ 1 0.00 _
TRUCK TRACTOR TRAILERS (Outside Storage) ..................................................$-~~p__
GROUP I. ACCIDENT CLEAN-UP BID
PRICE
ACCIDENT CLEAN-UP (First 1/2 hour) ......................................................... $-_~_-_
ACCIDENT CLEAN-UP (After first 1/2 hour) ....................................................$_-~____
RFP #06-02, Page 22 of 23
2. GROUP II: Rates for Group II apply ONLY to those vehicles which are owned or leased by the
City. The services must be performed as a result of a call from a City Dispatcher or official.
GROUP IL_CLASS A• TOWING AND/OR RECOVERY BID PRICE
STANDARD TOWS .................................................................................. ............ $~,~~
DOLLY CHARGE ..................................................................................... ............ $~----
MILEAGE OUTSIDE CITY LIMITS .............................................................. ............ $~LC.---
MILEAGE OUTSIDE CITY LIMITS ON DOLLYS ........................................... ............ $~~-_-
WINCHING (First Y~ hour) .......................................................................... ............ $~.--
WINCHING (After first'/2 hour) ................................................................... ............ $~---
STANDBY TIME (First'/2 hour) .................................................................. ............ $~---
STANDBY TIME (After first %hour) ............................................................ ............ $ ;r~-
SHOW-UP FEE ....................................................................................... ............ $1iT~
AFTER HOURS RELEASE CHARGE (between 8:00 p.m. and 8:00 a.m.) ...... ............ $-:T^~--
GROUP II. CLASS C: TOWING AND/OR RECOVERY BID PRICE
TRUCKS, TRACTORS, BUSES ............................................................................. $s~- n~
UNDERREACH ....................................................................................... ............. $
FIRST HOUR (Per Unit) ........................................................................... ............. $~
AFTER FIRST HOUR (Per Unit) ................................................................ ............. $-AI~
GROUP II. ACCIDENT CLEAN-UP BID
PRICE
ACCIDENT CLEAN-UP (First 1/2 hour) ................................................... .........$-.~~__
ACCIDENT CLEAN-UP (After first 1/2 hour) ............................................. .........$-~~-_
3. MISCELLANEOUS FEES:
(Additional fees not included in the rates listed above) BID
PRICE
$---
$----
The undersigned bidder, having examined and determined the scope of this Request for Proposal, hereby
proposes to provide the required equipment, supplies, labor, and travel to perform the work as described in
the proposal documents and to do all work at the prices set forth within.
The undersigned bidder states that this bid is made in conformity with the specifications and qualifications
contained herein. In the event that there are any discrepancies or differences between any conditions of the
vendor's proposal and the Request for Proposal prepared by the City of Iowa City, the Request for Proposal
shall prevail.
The undersigned bidder certifies that this bid is made in good faith and without collusion or connection with
any other person or persons bidding on the project.
RFP #06-02, Page 23 of 23
AUTHORIZED SIGNATURE:
NAME OF FIRM:
ADDRESS:
PHONE NUMBER:
TOLL FREE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
WEB SITE ADDRESS:
_~~Qg Hwv .LS~L_S~w~_~.i~t..~.IA.___ 5 2 2 4 0
_~1g -~4~93~-----------------
NAME & TITLE OF REPRESENTATIVE: Matthew J. ~ resi~_-
SIGNATURE OF REPRESENTATIV ~ '«~
DATE SIGNED: G ~ ~''~ ~ _ ---
Addenda Form
The undersigned hereby acknowledges receipt of the following applicable addenda:
Addenda Number
Date
~- iy-oS'
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Prepared by: Susan Dulek, Asst. City Attorney., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-269
RESOLUTION APPROVING SUBMISSION TO THE STATE OF IOWA A NOTICE OF
INTEREST IN APPLYING FOR HAZARD MITIGATION GRANT PROGRAM BENEFITS FOR
THE PURPOSE OF ACQUIRING FLOODED PROPERTIES.
WHEREAS, the federal Hazard Mitigation Grant Program (HMGP) is administered by FEMA
and the State of Iowa;
WHEREAS, it is anticipated that HMGP funds will be available for local governments in Iowa to
acquire properties that were flooded during this past summer;
WHEREAS, prior to making a formal application for HMGP funds, the State of Iowa requires
local governments to submit a Notice of Interest (NOI) that conveys the government's interest in
submitting a formal application;
WHEREAS, the NOI must be submitted to the State of Iowa by September 12, 2008; and
WHEREAS, attached to this resolution is a partially completed NOI containing a list of all
properties that the City is expressing an interest in voluntarily acquiring through HMGP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Manager is authorized to submit a Notice of Interest containing all the properties listed
on the partial NOI attached to this resolution by September 12, 2008.
Passed and approved this 26th day of
U Approved b~7'
ATTEST: J -
CIT LERK City Attorney's Office
2008.
Resolution No
Page 2
08-269
It was moved by Wilburn and seconded by 0' Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
~-
x
x
X
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
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DATE: AUGUST 20, 2008
TO: CITY COUNCIL
FROM: ELEANOR M. DILKES, CITY ATTORNEY
RE: BUYOUT/PURCHASE PRICE//DUPLICATION OF BENEFITS
This memorandum addresses two questions that residents, who have expressed interest in a buy-out,
have posed to staff regarding the purchase price.
Subsequent Owner.
The first question is whether a subsequent owner will receive an offer based on the pre-flood fair
market value. Assuming that the City receives Hazard Mitigation Grant Benefits (HMGB) for property
acquisition, the City will make an offer to purchase the property. In order to receive an offer based on
the pre-flood fair market value, the person must have owned the property at the time of the flood. If the
person purchased it after the flood, the offer will be based on current fair market value. 44 C.F.R.
80.17(c)(4) provides that a person who did not own the property "at the time of the relevant event" (i.e.,
the flood) is not eligible for a purchase offer based on pre-event fair market value...." Attached to this
memorandum are pages 47-51 of a FEMA publication entitled "Hazard Mitigation Assistance (HMA)
Program Guidance/Mitigation Project Subapplication Guidance" with additional information on this
matter. On page 48, it states that pre-flood value "is only available to an owner who owned the
property during the event...."
Duplication of Benefits.
The second question is whether insurance proceeds will affect the purchase price. When making an
offer to buy the property, the City will be required to ensure that there is not a "duplication of benefits"
between HMGB and other forms of government assistance. 42 U.S.C. §5155, 44 C.F.R. 80.9, and 44
C.F.R. 206.191. The offer, assuming that the person owned the property at the time of the flood, will be
based on the fair market value of the home before the flood. The State of Iowa and FEMA will provide
to the City the amount of disaster assistance that each owner has already received, such as flood
insurance benefits. If this assistance was awarded for the purpose of making repairs to the home, the
City must reduce the purchase offer by this amount unless the property owner can verify that the funds
were expended on repairs or clean up. It is very important for homeowners to keep receipts and other
written documentation regarding how the money is spent. If a person received an SBA loan, the offer
will be conditioned on owner paying off the SBA loan at closing. Any personal funds that the owner
spent on the property is not a duplication of benefits and thus will not affect the purchase price. Pages
49-51 of the attached "Hazard Mitigation Assistance (HMA) Program Guidance/Mitigation Project
Subapplication Guidance" contains additional information on duplication of benefits.
Enc
Copy to:
City Manager-w/enc.
Assistant City Manager-w/enc.
City Clerk-w/enc.
Jeff Davidson-w/enc.
Steve Long-w/enc.
Tracy Hightshoe-w/enc.
Rick Fosse-w/enc.
Ron Knoche-w/enc.
Doug Boothroy-w/enc.
Sue Dulek-w/enc.
If several different entities or programs are acquiring property in the same area, property owners
may fmd it confusing if different offers are made to area owners at different times. To avoid any
negotiation difficulties or confusion, the subgrantee should coordinate the release of property
valuation information and purchase offers to property owners for the various programs. The
subgrantee may wish to set a time limit with the property owner for the validity of a purchase
offer. The subgrantee must provide an appeal or reconsideration process for property owners
who dispute the amount of the purchase offer property valuation.
Purchase offers made under the SRL program have different requirements than those made under
FEMA's other mitigation grant programs and, in addition to the following requirements, must
comply with the offer requirements identified in the SRL FY guidance. The purchase offer of an
SRL property must be the greatest ofthe following amounts:
• The current market value of the property or the pre-event market value of the
property;
• The original purchase amount paid by the property owner holding the flood insurance
policy as demonstrated by property closing documents; and
• The outstanding amount of any loan to the property owner, secured by a recorded
interest in the property at the time of the purchase offer.
When determining value based on the outstanding amount of loans to the property owner for the
SRL program, the loans must be secured by a recorded interest in the property at the time of the
purchase offer and the value shall not include home equity loans or lines of credit secured after
the property owner signs the Pre-Award Consultation Agreement. Any loans secured after the
property owner signs the Pre-Award Consultation Agreement are not eligible.
2.3.13.3.1.5.1. Property Valuation
For each property identified for acquisition, the subgrantee shall establish and document a
property value based on market value. Market value is generally defined as:
The amount in cash, or on terms reasonably equivalent to cash, for which in all
probability the property would have sold on the effective date of the valuation, after a
reasonable exposure time on the open competitive market, from a willing and reasonably
knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither
acting under any compulsion to buy or sell, giving due consideration to all available
economic uses of the property at the time of the valuation.
Current market value reflects the property value at the time of the final mitigation offer (see
Section 3.4.5, Mitigation Offer Process, for more information). Pre-event market value is defined
as the market value of the property immediately before the relevant event affecting the property.
The relevant event for assistance under the HMGP is the major disaster under which funds are
available. For the PDM program, pre-event value is the value before the most recent major
disaster, however if the project is occurring separate from or more than 12 months after a disaster
event, the current market value may be more appropriate. For the FMA, RFC, and SRL programs
HAZARD MITIGATION ASSISTANCE (HMA) PROGRAM GUIDANCE
MITIGATION PROJECT SUBAPPLICATION GUIDANCE Page 47
the pre-event market value is defined as the value of the property immediately before the most
recent flood event resulting in a NFIP claim of at least $5,000.
The benefit of payment of pre-event market value is only available to an owner who owned the
property during the event and is a U.S. National or qualified alien (see below for more
information). If the current property owner purchased the disaster damaged property after the
major relevant event, or is not a U.S. National or qualified alien, then the subgrantee shall not
offer the owner more than the current market value.
Typically, acquisition projects require the valuation of the property (land and structure as a
whole). In situations where an eligible entity already owns the property but wants to deed restrict
it, valuation will be for the structure and development rights instead of for the land. Relocation
projects require the valuation of land only.
Valuation Methodologies
The property value, either current or pre-event, must be derived from a methodology that results
in a reasonable determination of market value. The subgrantee must coordinate with the Grantee
to determine the methodology that will be used for property valuation determinations. This
methodology must be applied consistently throughout the project area, using the same
methodology for all properties to be acquired.
When practicable, the appraisal methodology shall be used. Appraisals must be conducted by an
appraiser in accordance with the Uniform Standards of Professional Appraisal Practice
(USPAP). The appraiser must comply with relevant State laws and requirements, and shall have
the appropriate certification, qualifications, and competencies based on the type of property
being appraised.
When determining value for a large number of structures, the subgrantee may choose to perform
appraisals to establish a statistical sampling of property values, and develop an adjustment factor
to apply to tax assessed values so that they reasonably reflect each property's market value.
2.3.13.3.1.5.2. Purchase Offer and Nationality
A property owner who is not a National of the United States or a qualified alien is not eligible for
a pre-event market value determination of property value. The property value must be based on
current market value.
The term "National of the United States" is defined at 8 U.S.C. § 1101 and means a citizen of the
United States or a person who is not a citizen but who owes permanent allegiance to the United
States. The term "qualified alien" is defined at 8 U.S.C. § 1641 and means an alien who, at the
time the alien applies for, receives, or attempts to receive a Federal public benefit, is:
1) An alien who is lawfully admitted for permanent residence under the Immigration and
Nationality Act [8 U.S.C. § 1101 et seq.];
2) An alien who is granted asylum under Section 208 of such Act [8 U.S.C. § 1158];
HAZARD MITIGATION ASSISTANCE (HMA) PROGRAM GUIDANCE
MITIGATION PROJECT SUBAPPLICATION GUIDANCE Page 48
3) A refugee who is admitted to the United States under Section 207 of such Act [8 U.S.C. §
1157];
4) An alien who is paroled into the United States under Section 212(d)(5) of such Act [8
U.S.C. § 1182 (d)(5)] for a period of at least 1 year;
5) An alien whose deportation is being withheld under Section 243(h) of such Act [8 U.S.C.
§ 1253] (as in effect immediately before the effective date of Section 307 of division C of
Public Law 104-208) or Section 241(b)(3) of such Act [8 U.S.C. § 1231 (b)(3)] (as
amended by Section 305(a) of division C of Public Law 104-208);
6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of such Act [8
U.S.C. § 1153 (a)(7)] as in effect prior to April 1, 1980; or
7) An alien who is a Cuban and Haitian entrant (as defined in Section 501(e) of the Refugee
Education Assistance Act of 1980).
Subgrantees will ask all acquisition project participants (property owners) to certify that they are
either a National of the United States or a qualified alien. Subgrantees will offer participants who
refuse to certify, or who are not Nationals of the United States or qualified aliens, no more than
the appraised current market value for their property. Participants who refuse to certify, or are
not Nationals of the United States or qualified aliens, also may not receive supplemental housing
payments as described in Section 2.3.13.3.1.7 (Additions to Purchase Offer).
Subgrantees may wish to use FEMA Form 90-69B to obtain certification from participating
property owners. At the time of certification, the subgrantee will ask the property owner to show
a form of identification (any identification displaying the signer's name will suffice). If the
property owner applied for FEMA disaster assistance, a Form 90-69B will already be on file at
FEMA and the subgrantee will instead request verification from FEMA through the
State/Grantee that a certification is on file.
2.3.13.3.1.6 Deductions from Purchase Offer
Duplication of Benefits
FEMA mitigation grant program funding is supplemental to other funding sources and must be
reduced by amounts reasonably available (even if not sought or received) from other sources to
address the same purpose or loss. Insurance payments, FEMA housing needs assistance,
property-related legal claims and/or funds from any other sources that are available for the
purpose of making repairs to or replacing a structure, or other compensation for the value of the
real property, are considered duplicated amounts. In this case, the eligible project costs are
reduced by the duplicative amount. This has the effect of reducing both the Federal and non-
Federal shares of the project, and ensures that mitigation grant funds do not duplicate benefits
available to owners and tenants from another source for the same purpose.
The Grantees, Subgrantees and project participants (including property owners and tenants) must
take reasonable steps to recover all such amounts. Amounts that are reasonably available to the
individual or entity shall be treated as benefits available for the same purpose, even if he/she/it
HAZARD MITIGATION ASSISTANCE (HMA) PROGRAM GUIDANCE
MITIGATION PROJECT SUBAPPLICATION GUIDANCE Page 49
did not seek them. Duplications can occur at any time in such cases, and if amounts for these
purposes are received subsequent to the property settlement they must be reimbursed to FEMA.
Some examples when DOB occurs include the following:
If the subgrantee decides to offer pre-event market value, duplication may occur if
homeowners have insurance, loans, repair grants, or other assistance available to them
to help address the damage to the structure. This is because paying full pre-event
market value also compensates the owner for the loss of value that occurs due to
damage. The subgrantee must make the deductions from the established pre-event
market value purchase offer before making a final mitigation offer to the property
owner;
• Duplication may occur when insurance benefits are available to the property owner
under an existing policy, whether they submitted a claim or not. (If insurance paid a
claim that included reimbursement for the property owner's own labor for clean up,
this is not a DOB and it should not be deducted);
• Duplication may occur where legal claims are appropriate or legal obligations arise
(e.g., to comply with a law or court order) that may provide a benefit to the property
owner on the basis of that property. Parties involved in pending legal disputes must
take reasonable steps to recover benefits available to them; and
Duplications may also occur when relocated tenants receive relocation assistance and
rental assistance if they have received payments for the same purposes as part of the
disaster assistance provided by FEMA and other agencies, or payments from any
other source, as described in Section 2.3.13.3.1.8 (Tenants). Any acquisition-related
assistance provided to tenants must be reduced accordingly. This also affects the total
eligible costs allowable for the project (Tenant-related DOB deductions do not affect
amounts available to the property owner).
For property valuations based on pre-event market value, the following procedures assist in
preventing mitigation grant funds from duplicating benefits available from other sources:
• For property owners, the subgrantee establishes the purchase offer property value as
of a certain date;
• The subgrantee provides the State/Grantee with a list of property owners who are
participating in the property acquisition project, and with a list of tenants that will
potentially be affected by acquisition of the property they occupy;
• The State/Grantee and FEMA inform the subgrantee of the amount of repair or
replacement assistance available to each property owner, and rental or relocation
assistance available to tenants from FEMA and the State. FEMA shall provide to the
State/Grantee and subgrantee NFIP coverage information, including the amount paid
on a claim and the amount of coverage available;
HAZARD MITIGATION ASSISTANCE (HMA) PROGRAM GUIDANCE
MITIGATION PROJECT SUBAPPLICATION GUIDANCE Page 50
The subgrantee shall coordinate with property owners who shall disclose all potential
amounts available to them for the same purpose, as described above, including repair
or replacement assistance received, all insurance benefits available to them under an
existing policy (whether they submitted a claim or not), and any potential recovery
based on litigation or other legal obligations. The property owner must take
reasonable steps to recover such amounts. Amounts that are reasonably available to
the property owner shall be treated as benefits available for the same purpose, even if
the property owner did not seek them. The subgrantee shall coordinate with tenants
who shall disclose any amounts received from rental or relocation assistance;
• Property owners who have a U.S. Small Business Administration loan are required to
repay the loan or roll it over to a new property at closing;
• The subgrantee shall identify any other potential sources of benefits to the subgrantee,
property owner, or tenant; and
• The subgrantee shall reduce the purchase offer by the amount of any duplicating
benefits. Deductions are not taken, however, for amounts the owner can verify with
receipts that were expended on repairs or cleanup (Subgrantees may not credit
homeowners for the homeowners' own labor hours for repair work).
2.3.13.3.1.7 Additions to Purchase Offer
Supplemeutal Housing Payments
If a purchase offer for a property is less than the cost for the property owner to purchase a
comparable replacement dwelling in anon-hazard-prone site in the same community, the
State/Grantee and subgrantee may choose to make available a supplemental payment of up to
$22,500 for the property owner to apply to the difference. Subgrantees should consider the cost
of relocating to a permanent residence that is of comparable value and that is functionally
equivalent. The State/Grantee and subgrantee must demonstrate that all of the following
circumstances exist:
• Decent, safe, and sanitary housing of comparable size and capacity is not available in
non-hazard-prone sites within the community at the anticipated acquisition price of the
property being vacated; and/or
• The project would otherwise have a disproportionately high adverse effect on low income
or minority populations because project participants within those populations would not
be able to secure comparable decent, safe, and sanitary housing; and
• Funds cannot be secured from other more appropriate sources such as housing agencies
or voluntary groups.
For SRL only: Property owners that receive additional amounts of SRL program funds to cover
the original purchase price of the property, or to cover second mortgages or other loans, are
generally not eligible to receive supplemental housing payments.
HAZARD MITIGATION ASSISTANCE (HMA) PROGRAM GUIDANCE
MITIGATION PROJECT SUBAPPLICATION GUIDANCE Page 51
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CITY COUNCIL
August 18, 2008
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To the Leaders of Iowa City: ~ `_
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My husband and I are grateful for all assistance and for you who are willing to listen. Tl~arik yam.
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Going forward with life after the flood continues to be a struggle. =' ~, ~„
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Here's why: d ;~ _: ~-~
We purchased our home in the Idyllwild Association of condos in 2005. When we bought we
were told we did not need and could not buy flood insurance. This was a consistent message
from developer, realtor, banker and homeowner's association. We believed what we were told.
We are citizens who contribute to our community and chose to retire in Iowa City. We had faith
that the City Council would not have allowed Idyllwild to be developed if it were not a safe place
in which to live. If we had been told we were only marginally above the 100 year flood plain, we
would not have bought our property.
When the rains of 2007 and 2008 occurred and the ground became saturated, there was never any
warning to residents of Idyllwild or others that we were at risk. Only a few days before the flood
we learned the cofferdam in the Iowa River would raise the level of the river by 1'/Z
feet.....putting Idyllwild at a high risk and within the 100 yeaz flood plain!
Pazkview Church was told to buy flood insurance two months prior to the flood. Why was there
no warning to others of the greatly increased risk so that we, their neighbors at Idyllwild, could
have purchased flood insurance? We gladly would have done so.
Who in leadership should inform citizens at risk? City Council? Corps of Engineers? FEMA?
Notification could/should have been sent to residents and there could/should have been notices
published in our newspapers and communicated on the local news about the increased risk and
the need to protect one's property through flood insurance.
Now that the 2008 flood has occurred we are reeling with the ramifications.
We aze the IdvIlwild Condominium Owner's Association, consisting of 92 units. We are
financially responsible for our individual units as welt as all common elements, most importantly
the structural elements of all buildings.
There has been confusion about the financial responsibility of clean up costs and structural repair
costs because, on paper, some of the responsibility is to the Owner while other responsibility is
to the Association. Ye~all financial costs go back to the individual owners because we are the
Association. We could recover with difficulty from the rebuilding of our individual unit but it
seems impossible to absorb the enormous costs of the entire Association. We've already paid a
special assessment of $21,'139.13 per unit for mold mitigation and that is just the beginning.
Residents of Idyllwild cannot pay $100,000 or more to rebuild a home that is now worth
significantly less than the $200,000 - $250,000 value prior to the flood. For the majority, all this
money must come from our savings and not from any insurance payouts.
Additionally, there is confusion to this day about where we are located on the flood plain. We
personally have been told we are located in the 100 year plain as well as in the 500 year plain.
Clarification is needed for all.....members of Idyllwiid, City of Iowa City, FEMA and SBA. We
also need to know what the 100 year flood elevation will be in the future after this last
flood event is factored into a new flood plain map. It appears this will definitely put all of
Idyllwild within the 100 year flood plain which will be an important factor in our decision to
rebuild or not.
We recently learned FEMA has rescinded their flood map and reclassified 3 Idyllwild buildings
as within the 100 year floodplain. However, Idyllwild is the Idyllwild Condominium Owner's
Association and what affects one affects all. All other buildings are only marginally above the
flood plain and continue to be at high risk of future flooding.
We have heard the story that "rich people live in Idyllwild and can pay for the damages". Many
of the properties at Idyllwild are below $200,000 and most are between $200,000 and $250,000.
Definitely middle class and not rich when compared to real estate listings in Iowa City.
Because the owners and our Idyllwild Association did not have insurance, many of us are facing
the prospect of depleting our retirement savings....our only source of income along with Social
Security. A grim future. And one that would not have occurred if there had been full disclosure
about the risk of living in Idyllwild, particularly in 2008, when some in authority knew the
increased likelihood of flooding and did not notify citizens at risk.
We in Idyllwild are in agreement about pursuing aCity/State/FEMA buyout or any other form of
financial relief.
I'm requesting your continuing support and advocacy for residents of IdylIwild in all applications
which may assist us in building a future. My husband and I want our future to be in Iowa City.
Thank you for being caring leaders and assisting citizens in need.
4
Mary Kathryn Wallace
45 Colwyn Court
Iowa City IA 52245
319-541-9501
Now living. at
205 Sadler Lane #101
N Liberty IA 52317
319-541-9501
Michael Lombardo, City Manager
Eleanor Dilkes, City Attorney
Regina Bailey, Mayor
Mike O'Donnell, Mayor Pro Tem
Connie Champion
Amy Correia
Ross Wilburn
Matt Hayek
Mike Wright
•-.3
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Prepared by: Melissa Miller, Risk Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5065
RESOLUTION NO.
08-270
RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION.
WHEREAS, City employee Clarence Funk sustained work related injuries to his back on October
13, 2003, October 27, 2003, January 18, 2006, March 8, 2006, August 4, 2006, February 4, 2008,
and has been unable to return to work since February 2008; and
WHEREAS, Mr. Funk has made a claim of permanent and total disability and a demand for
lifelong benefits; and
WHEREAS, to avoid litigating the matter, the parties have negotiated a settlement agreement that
closes Funk's workers' compensation claim, ends any effort by him to return to work for the City
and takes care of his future medical expenses; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, in full satisfaction of any
and all claims which the claimants and/or parties may have against the City in the above matter, in
consideration of the claimant's full release.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Clarence Funk's workers' compensation claim is hereby settled under the terms of the
proposed settlement agreement with payment, upon approval of the Iowa Worker's
Compensation Commissioner to Clarence Funk, in the amount of $90,000, in addition to
statutory medical and weekly benefits paid to date; funding of a Medicare Set Aside (MSA)
in the amount of $10,628 to cover Funk's future medical expenses; and agreement by Mr.
Funk not to submit any future applications for employment with the City.
2. City Council for the City of Iowa City hereby approves said settlement as being in the best
interest of the City of Iowa City and the parties involved, ratifies said settlement as
provided by law, and confirms that said settlement is hereby ratified, contingent upon
execution of appropriate releases.
Passed and approved this 26th day of August , 20 08
ATTEST: ~ ,~.
CITY ERK
Approved by
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City Attorney's Office
~~
Finadm/res/dunk setUe.doc
Resolution No. 08-270
Page 2
It was moved by Wilburn and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
X
X
~._
x
X
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdatalglossary/resolution-ic.doc
~r ~,
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-271
RESOLUTION AMENDING THE SETTLEMENT OF PENDING LITIGATION.
WHEREAS, City employee Loren Jones sustained a work related injury and made a claim of
permanent and total disability; and
WHEREAS, Council has previously approved a settlement with Mr. Jones which included a lump
sum and funding of a Medicare Set Aside (MSA) account through Resolution 08-74, passed
March 11, 2008; and
WHEREAS, the amount needed to fund the MSA account has changed from $7,623.44 to
$43,377.39 as a result of a new medical opinion suggesting the need for an additional surgery;
and
WHEREAS, all other terms of the settlement remain unchanged; and
WHEREAS, Council approval is needed to effect this change in terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The funding of the Medicare Set Aside account of Loren Jones' workers' compensation
claim is hereby amended from $7,623.44 to $43,377.39.
2. City Council for the City of Iowa City hereby approves said amendment to the previously
approved settlement agreement as being in the best interest of the City of Iowa City and
the parties. involved, ratifies said amendment as provided by law, and confirms that said
amendment is hereby ratified, contingent upon execution of appropriate releases.
Passed and approved this 26th day of August , 20~~.
c .1 L/ ~
ATTEST: `~ -
CITY C ERK
Appro ed by v
-----. ~ ~~~o ~
City Attorney's Office
EridFinance/VNorkers Comp/Jones, Loren, Res corcecting MSA amount.doc
Resolution No. 08-271
Page 2
It was moved by Wilburn and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X
x
x
X
X
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc