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HomeMy WebLinkAbout1980-02-26 ResolutionRESOLUTION NO. 80-57 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve -for the following named person or persons at the following described location: Rugger -Burns Restaurants, Inc. dba Gringo's 115 E. College Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by veyera that the Resolution as rsi 6e adopted, and upon ioI ca there were: AYES: NAYS: ABSENT: Balmer a Lynch x Erdahl Neuhauser x _ Perret x Roberts x yevera Passed and approved this Attest: l, -L City Clerk 26th day Of February , 19 80 . a or MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS DES MOINES %; RESOLUTION NO. 80-58 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Rugger -Burns Restaurants, Inc. dba Gringo's 115 E. College Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x _ Lynch x j. Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of February , 1980 r MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS - DES MOINES ■ s r j. I ■ s Jif RESOLUTION N0. 80-59 RESOLUTION OP APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at locations: the following described Drug Fair, Inc. dba Drug Fair #9, 121 E. Washington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser that the Resolution as rea� dopted,sandnded uponbrollecale were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x x x x Passed and approved this 26th day of February 19 80 , Attest: Altlerk Mayor MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES IESOLUTION NO. 80-60 ^ r RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved7or the following named person or persons at the following described location: Grand: of Iowa City, Inc. dba Carson City 505 E. Burlington Daddy's Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Neuhauser and seconded by Vevera that the Resolution as re -a be adopted, and upon roiTcaIr there were: AYES: NAYS: ABSENT: Balmer x u Lvnch x Erdahl x r r Perret x Roberts ;I IESOLUTION NO. 80-60 ^ r RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved7or the following named person or persons at the following described location: Grand: of Iowa City, Inc. dba Carson City 505 E. Burlington Daddy's Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Neuhauser and seconded by Vevera that the Resolution as re -a be adopted, and upon roiTcaIr there were: AYES: NAYS: ABSENT: Balmer x u Lvnch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of February 19 80 y r Attest: City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES t ^ i N RESOLUTION NO. 80-61 RESOLUTION TO ISSUE DANCING PERMIT 7JCe�Z;;.,2ell BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit to wit: or liquor control license, Grand Daddy's of Iowa City, Inc. dba Carson City 505 E, Burlington It as moved that theh'ResolutionyasNreaausera and optedo andnded uponrol Vcaera were: P �Il�ere AYES: NAYS: ABSENT: Balmer x L nch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of _ February r 19 gp I Ma o Caty Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES yo7 e . City of Iowa Cf', DATE: February 26, 1980 TO: Neal Berlin and City Council n n n FROM: Janell Palmer, Secretary for Public Works 9qn� A m6e. RE: Design Outline for South Branch Detention Structures If you can find your copy of the "Design Outline for Ralston Creek Storm Water Management Project South Branch Detention Structures" booklet prepared by Stanley Consultants, please return it to Public Works. We need these copies and your cooperation would be appreciated. MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES I r: i I u IQ A. J", r t e . City of Iowa Cf', DATE: February 26, 1980 TO: Neal Berlin and City Council n n n FROM: Janell Palmer, Secretary for Public Works 9qn� A m6e. RE: Design Outline for South Branch Detention Structures If you can find your copy of the "Design Outline for Ralston Creek Storm Water Management Project South Branch Detention Structures" booklet prepared by Stanley Consultants, please return it to Public Works. We need these copies and your cooperation would be appreciated. MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES I i I i. t z V z IQ V RESOLUTION N0. 80-62 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF co THEE SOUTH BRANCH AND STRUCTURE RE OF COST FOR THE CONSTRUCTION of DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named pproject is to be held on the 11thday of March 1980 , at 1:30 P.M. in the Council Chambers, civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. it was moved by Neuhauser and seconded by V evera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA 26th da Passed and approved this Y of February 1980 i Mayor ATTEST: - Received & Approved City Clerk By q'4 Legal Department MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 i i . RESOLUTION N0. 80-62 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF co THEE SOUTH BRANCH AND STRUCTURE RE OF COST FOR THE CONSTRUCTION of DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named pproject is to be held on the 11thday of March 1980 , at 1:30 P.M. in the Council Chambers, civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. it was moved by Neuhauser and seconded by V evera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA 26th da Passed and approved this Y of February 1980 i Mayor ATTEST: - Received & Approved City Clerk By q'4 Legal Department MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES i RESOLUTION N0. 80-62 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF co THEE SOUTH BRANCH AND STRUCTURE RE OF COST FOR THE CONSTRUCTION of DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named pproject is to be held on the 11thday of March 1980 , at 1:30 P.M. in the Council Chambers, civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. it was moved by Neuhauser and seconded by V evera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA 26th da Passed and approved this Y of February 1980 i Mayor ATTEST: - Received & Approved City Clerk By q'4 Legal Department MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES i RESOLUTIONI NO. 80=63 V RESOLUTION RELATING TO THE PUBLIC HEARING AND APPROV- ING PROCEEDING WITH THE ISSUANCE•' AND SALE OF I40T TO EXCEED $2,000,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE. BONDS (E. B. & A. C. WHITING COMPANY PROJECT), OF THE CITY OF I017A CITY, IOWA, AND AUTHORIZING THE EXECUTION OF A ME140RANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, a Political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use in the manufacturing and processing of thermoplastic monofilaments, and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agreement, to E. B. & A. C. Whiting Company, a Vermont corporation duly qualified and authorizec9 to do business in the State of Iowa (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined there is a public need in the City and its surrounding environs for improved industrial facilities as proposed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ; - ld objections or other comments relating -to such Bonds have' been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds he issued as proposed; and WHEREAS, there -has been presented to the City Council a Memorandum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements betweent the City and Company, relating to the further processing and issuance of the City's Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows. Section 1. That is is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of its Industrial Development Revenu6 Bonds (E. B. & A. C. Whiting Company Project) (hereinafter referred to as the "Bonds"), in an amount not to exceed $2,000,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council, pursuant to published notice, all persons who appeared -5- MICROFILMED BY JORM MIC R+LAB i� CEDAR RAPIDS • DES MOINES i 1 were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all oBjections to the issuance of the said Bonds, are hereby overruled, I Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that i satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 9. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of• Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. That in order to assure the acquisition, construction, improvement and equipping of these industrial i facilities in Iowa City, Iowa, with the resulting public bone - fits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in I 1 i -6- MICROFILMED BY JORM MICR+LA13 ,I CEDAR RAPIDS • DES MOINES I I the form attached hereto as Exhibit "A", be approved and that the Mayor is authorized and directed to execute said Memorandum of Agreement and the City Clerk be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 6. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement. from the proceeds of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 7. That officials of the City are hereby author- ized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 8. All Resolutions and orders or parts thereof, in conflict herewith are,.to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, February 26, 1980. C y of Iowa City, Iofw�a (SEAL) I n BCL. mer, Mayor Attest:, 4) -l.ti1llL'- Abbie Stolfus, City Clerk -7- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES T/� , 1 I i pi G 1 i d , i1 i the form attached hereto as Exhibit "A", be approved and that the Mayor is authorized and directed to execute said Memorandum of Agreement and the City Clerk be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 6. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement. from the proceeds of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 7. That officials of the City are hereby author- ized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 8. All Resolutions and orders or parts thereof, in conflict herewith are,.to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved, February 26, 1980. C y of Iowa City, Iofw�a (SEAL) I n BCL. mer, Mayor Attest:, 4) -l.ti1llL'- Abbie Stolfus, City Clerk -7- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES T/� , M EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and E. B. & A. C. Whiting Company, a Vermont corporation duly qualified and authorized to do business in the State of Iowa, party of the second part (hereinafter referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of. this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and equipment suitable for industrial projects as defined therein; and (b) In order to provide for industrial development and employment opportunities for the inhabitants of the City and to add to the welfare and prosperity of the City and of such inha- bitants, the City proposes to loan to the Company funds to finance all or a portion of the cost of the acquisition, construction, improving and equipping of an industrial develop- ment project located within the City of Iowa City, Iowa, con- sisting of the acquisition of land and the construction, improving and equipping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofila- ments (herein referred to as the "Project"); and (c) In view of the rising costs and the immediate need for the products of the Project, it is considered essential that acquisition and renovation relater] to the Project commence at the earliest practicable date, and that orders be placed for acquiring the necessary improvements and equipment. At the same time, in view of the possihility of financing facilities similar to the Project in other states and communities under conditions beneficial to the Company and the difficulty of obtaining other financing for the Project, the Company desires satisfactory assurances from the City that the proceeds from the sale of Industrial Development Revenue Bonds of the City will be made available in an amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $2,000,000. -1- MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES N, (d) Representatives of the City have indicated the'will- ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. (e) The City considers that the undertaking of the Project will promote industrial development of the City, provide em- ployment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and pros- perity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $2,000,000. (b) That it will cooperate with Company to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the autho- rization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agree- ment with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and interest on the Bonds) payable under the Loan Agreement shall be such sums as shall he sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. -2- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES N M (d) That it will take or cause to be taken such other acts and adopt such further Ment the aforesaid undertakingsnor as itgs asymay debe em to imple- in pursuance thereof. y PPropriate 3. Undertakings on the Part of the COMPany. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Bonds 6 in an aggregate principal amount as above stated; however, that the terms of the Bonds and of the saleoand videdeli- very thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment and the taking of "official action" toward the issuance of the Bonds by the City, acquired or commenced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to contain other provisions required by law and such other provi- sions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before July 31, 1981 (or such other date ! as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually accep- table terms for the Bonds and of the sale and delivery thereof, r i ! -3- MICROFILMED BY N JORM MICR+LAB iS CEDAR RAPIDS • DES MOINES i and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b). Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or Preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 26th day of February, 1980. City of Iowa City, Iowa (Seal of City) �� h Balmer, Mayor Attest: _�&,,h,l 6 - . Abbie StolEus, Ci Clerk E. B. & A. C. Whiting Company (Seal of Company).0 tcu xx.x � AlexandGuye� ePresident y7 Philip/li. Iioff, a cr�tary -A- MICROFILMED BY JORM MICR+LAB ?� CEDAR RAPIDS • DES MOINES i `I and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b). Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or Preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 26th day of February, 1980. City of Iowa City, Iowa (Seal of City) �� h Balmer, Mayor Attest: _�&,,h,l 6 - . Abbie StolEus, Ci Clerk E. B. & A. C. Whiting Company (Seal of Company).0 tcu xx.x � AlexandGuye� ePresident y7 Philip/li. Iioff, a cr�tary -A- MICROFILMED BY JORM MICR+LAB ?� CEDAR RAPIDS • DES MOINES i 9 Iowa City, Iowa, February 26, 1980. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at I I y 7:30 o'clock P.M., in open regular session, pursuant to law and F the rules of said Council. The meeting was called to order by ,john Balmer, Mayor, presiding, and on roll call the following Council Members were present: Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None -1- T�P MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 ■ (Other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on and to authorize the signing of a Memorandum of Agreement relating to the proposal to issue not to exceed $2,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (E. B. G A. C. Whiting Company Project), pursuant to the provisions of Chapter 919, Code of Iowa, for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping an industrial development project located within said City, consisting of the acquisition of land and construction, improving and equiping thereon of a facility suitable for use in the manufacturing and processing of thermoplastic monofilaments. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to E. B. & A. C. Whiting Company, with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of -said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) None -2- �/6 MICROFILMED BY JORM MICR+LAB ._{ CEDAR RAPIDS • DES MOINES a 1 After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against r the proposal to issue the Bonds, Council Member Neuhauser proposed the following Resolution and moved its adoption. Council Member Vevera seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: i AYES: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES J I 9I� 1` .. The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES N J N CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on February 26, 1980, holding a public hearing and approving the issuance of not to exceed $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) of the City of Iowa City, Iowa and authorizing the execution of. a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this 26th day. of February, 1980. (SEAL) Abbie Stolfus, Ciby Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. � Notary Public n and for the (SEAL) State of Iowa ma MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M l I I �1 I CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on February 26, 1980, holding a public hearing and approving the issuance of not to exceed $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) of the City of Iowa City, Iowa and authorizing the execution of. a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this 26th day. of February, 1980. (SEAL) Abbie Stolfus, Ciby Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. � Notary Public n and for the (SEAL) State of Iowa ma MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M l I (This Notice to be'Posted) NOTICE. AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: February 26, 1900 Time of Meeting: 7:30 P.N. I g Place of Meeting: Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Relating to the Public Hearing and Approving Proceeding With The Issuance and Sale of Not To Exceed $2,000,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (E. B. & A. C. Whiting Company Project) of the City Of Iowa City, Iowa and authorizing the execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional 4 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- scant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body, t. i - Abble Stolfus, Clerk ~off the City of Iowa City, Iowa A `: Panted: 2/25/00 9:15 n.m, i 3 Removed::R/a7,Fd �' fS il.fj..i,! -9- i MICROFILMED BY ,I JORM MICR+LAB CEDAR RAPIDS • DES MOINES I , . i 0 NOTICE OF PROPOSED TAXICAB FARE CHANGE TO ALL RESIDENTS OF THE CITY OF IOWA CITY, IOWA AND TO OTHER PERSONS INTERESTED: The Hawkeye Cab Company has submitted to the City council of the City of Iowa City, following proposed schedule of fares anIowa, the d charges for taxicab services: FIRST MILE $1.75 EACH ADDL. � MI. .60 EACH ADDL. PASS. 25 PER/H. WAITING TIME 10.80 DELIVERIES Mileage + .25 C.R. AIRPORT 19.20 PER STOP .50 GAME RATES: I.C. AIRPORT TO GAME 2.00/Person DOWNTOWN TO GAME 1.00/Person 15% Discount for Senior Citizens A public hearing on this proposal will be held on February 26, 1980, at 7:30 P.M. Said meeting is to be held at the Council Chambers in the Civic Center in said City. The proposal is submitted for City Council's determination of reasonableness. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said proposal or any part thereof. This notice is given by order of the City 1 Council of the City of Iowa City, Iowa. , CITY CLERK CITY OF IOWA CITY, IOWA MICROFILMED BY JORM MICRI�LAS CEDAR RAPIDS • US MOINES 4 r CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA C IIY IOWA 52240 (319) 354.18 NEWS RELEASE PUBLIC MEETING SUBJECT: AMTRAK Rail Service Contact Person: Dale E. Rolling Assistant City Manager 354-1800, Ext. 203 February 26, 1980 The City of Iowa City, at the request of State Representative Jean Lloyd -Jones, will sponsor a public meeting on February 29, 1980, at 2:00 i P.M. in Bre Council Chambers of the Civic Center, for the purpose of providing information and receiving citizen input regarding the current Proposal to initiate AMTRAK rail passenger service on the present Rock Island Railroad route. FIs. Lloyd -Janes will attend this meeting along viith staff persons from the Iowa Department of Transportation who will provide more specific Information. All interested persons are invited to participate. -0- FROI•I: Administrative Offices II �a0 s I MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES !i l I r CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA C IIY IOWA 52240 (319) 354.18 NEWS RELEASE PUBLIC MEETING SUBJECT: AMTRAK Rail Service Contact Person: Dale E. Rolling Assistant City Manager 354-1800, Ext. 203 February 26, 1980 The City of Iowa City, at the request of State Representative Jean Lloyd -Jones, will sponsor a public meeting on February 29, 1980, at 2:00 i P.M. in Bre Council Chambers of the Civic Center, for the purpose of providing information and receiving citizen input regarding the current Proposal to initiate AMTRAK rail passenger service on the present Rock Island Railroad route. FIs. Lloyd -Janes will attend this meeting along viith staff persons from the Iowa Department of Transportation who will provide more specific Information. All interested persons are invited to participate. -0- FROI•I: Administrative Offices II �a0 s I MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES !i l e Public Notice is hereby given that a public hearing will be held by the City Council on February 26, 1980, at 7:30 P.M. in the Council Chambers of City Hall on a proposed Resolution Declaring that public con- venience and necessity require the proposed taxicab service applied for by The Super Can Company and the Yellow Checker Cab Company within the City of Iowa City, Iowa. At said time and place, last above mentioned, any interested persons may appear and file objections thereto. Dated this 25th day of January, 1980. ABBIE STOLFUS, CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 4;3 h U RESOLUTION NO. 80-64 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, WHEREAS, Super Cab Company and Yellow Checker Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 26thday of February _. on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to Super Cab Company and Yellow Checker Cab Company _ for the operation of-_ 10 taxi cabs. respectively. HOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the, City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to Super Cab Company and Yellow Checker Cab Company for l0 taxi -cabs, pending applicantTompliance with all Prov of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. Yellow Checker Super Cab I.C. License 10 11 12 13 14 15 16 17 18 19 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES VIN 1663905220567 IN69R3J202192 IL69V6J236-449 IL69-114J109552 IL69-V6J236-425 386699MI93330 1664515237818 IL69R4J173352 IL69H3J196010 I1,69113T144342 I i y� I ri -2- It was moved byyevera and seconded by Erdahi that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x rdahI x —__Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 26th day of February 1980 ATTEST:—aL / CITY CLERK MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES MAYOR Received d Approved By The Legal Department ..yam C t i i -- i I l IF l I n RESOLUTION NO. 80-65 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, WHEREAS, A Better Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 26thday of February 1980, on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to A Better Cab Company for the operation of 7 taxi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IO14A CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to A Better Cab Company Tur I caxi-cans, penaing applicant's compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. I.C. License 1 2 3 4 5 6 7 VIN 265611538362 1L69HSJ112552 2Z62N538362 3N69T3M252898 4P63H156859 3G65H149744 MICROFILMED BY JORM MICR(�)LAS 3 CEDAR RAPIDS • DES MOINES r -2- It was moved by Neuhauser and seconded by Vevera that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x _Erdahl x ---lynch x Neuhauser a Perret x Roberts x Vevera Passed and approved this 26th day of February 1980 ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Received & Approved By The Legal Department y� W _9 r i' 'i _9 r CITY OF IOWA CITY sCIVIC CENTER 410 E. WASHINGTON ST IOWA ary IOWA 52240 (319) 354.180D RECEIVED February 22, 1980 (.-!3221980 �� 111, ' �� ✓ LEGAL DEPARTMENT� � � � V Dear Several questions have been raised regarding insurance for each taxicab. All taxicabs certified will need to be insured, The legal department has advised us that because of the problems we have encountered,;we should see the original policy. This will enable us to establish that every vehicle driven is insured under that policy, and that the liability coverage for each incident meets our requirements. Ask your insurance agenrfor a copy of the original policy which can be submitted for inclusion in our files, or we will need to xerox the policy, and there is a charge for copies. Also be sure that your agent attaches the endorse- ment regarding the 10 -day notice of cancellation to your policy. The Iowa City license period is from March 1st to the last day of February next year following, and your insurance should cover this period which is the life of the certificate. Yours very truly, Abbie Stolfus, CMC City Clerk �yay MICROFILMED BY JORM MICR+LAB i CEDAR RAPIDS • DES MOINES A a I l 1 RESOLUTION NO. 80-66 A RESOLUTION SETTING FARES FOR THE IOWA CITY TRANSIT SYSTEM WHEREAS, it is necessary to provide for the cost of operating a transit service. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Iowa City, that fares for transit services be established as follows: i Monthly pass $12.00 Basic fare 354 Saturday fare 254 School and special activities 254 The Elderly and handicapped who meet the guidelines established by the City Council shall ride free between 9 a.m. and 3 p.m. and after 6:30 p.m. Monday through Friday and all day Saturday. It was moved by Neuhauser and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this6th day of February , 19 60 . Mayor ATTEST: city C erk Received & Approved By The Legal Deparimenr y� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 1 r t t t RESOLUTION NO. 80-66 A RESOLUTION SETTING FARES FOR THE IOWA CITY TRANSIT SYSTEM WHEREAS, it is necessary to provide for the cost of operating a transit service. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Iowa City, that fares for transit services be established as follows: i Monthly pass $12.00 Basic fare 354 Saturday fare 254 School and special activities 254 The Elderly and handicapped who meet the guidelines established by the City Council shall ride free between 9 a.m. and 3 p.m. and after 6:30 p.m. Monday through Friday and all day Saturday. It was moved by Neuhauser and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this6th day of February , 19 60 . Mayor ATTEST: city C erk Received & Approved By The Legal Deparimenr y� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i r I RESOLUTION NO. X I RESOLUTION DIRECTING THE CITY CLERK TO CERTIFY TO COUNTY AUDITOR 1N AD IONAL TAX FOR THE OPERATION AND MAINTENANCE OF THE MUN PAL TRANS SYSTEM AND FOR THE CREATION OFA RESERVED FUND FOR THE S TEM. WHEREA the cost of operation and maintenance of municipal ! transit syste as recently greatly increased, and E ? WHEREAS, Sect on 364.12[10] of the Code of Iow 1979 provides that an additional tax f6r the operation and main nance of a municipal transit system, and for\ he creation of a res ved fund for the system, 6 in an amount not to excee fifty-four center $1000 of assessed value each year, when the revenue rom the trTrransit system are insufficient for such program, may be levied. NOW THEREFORE BE IT ENA D B HE CITY COUNCIL OF THE CITY OF IOWA CITY that the City Cl r be direct to certify an additional tax -- of ten cents per $1000 assessed value the County Auditor on or before March 15, 1980 s provided by Section 2 of the Code of Iowa. It was moved b and seconded by that the resolut' as read be adopted, and upon roll call t re were: AYES: NAYS: ABSENT: Balmer Erdahl T Lynch Neuhauser �L Perret Roberts Vevera Passed and approved thisday of 1980. 1. MAYOR ATTEST: CITY CLERK Recoived & A pprovod By The Legal Doparimanf 2-to-s'o FlC'� i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES $96,600.00 Parcel #5: "The west 65 feet (west k) of Lots 19, 20, 21, and 22 of Whites Subdivision of Outlot #4, County Seat Addition, Iowa City, Johnson County, Iowa"; and "The east half of Lots 19, 20, 21, and 22 in White's Subdivision of Outlot 4, in the County Seat of Johnson i a �l 7 MICROFILMED BY DORM MIC R+L A B "i CEDAR RAPIDS • DES MOINES M RESOLUTION NO. 80-67 RESOLUTION ESTABLISHING JUST COMPENSATION FOR REAL PROPERTY ACQUISITION FOR PHASE I OF THE LOWER RALSTON CREEK SMALL CITIES PROJECT (CDBG NO. B -79 -DN -19-0048). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcels to be acquired for Phase I of said project; NOW, THEREFORE, BE IT RESOLVED. BY TH- CITY COUNCIL OF IOWA CITY, IOWA: , 1. That the following amounts are hereby determined to be Just Compensation _ N for the purpose of acquisition of the following real property: v $40,400.00 Parcel ."North 50 feet of the West 80 feet on Lot 1 in -Block-20, in that, part of - Iowa City, -Iowa; laid off by 'the Commissioners of Johnson County, Iowa; as the County Seat of Johnson County, Iowa, according to the recorded plat thereof." a $17,200.00 Parcel #2: "All that part of Lot 4 in Block 28, County Seat Addition to Iowa City, Iowa, lying west of the channel of Ralston Creek." $74,500.00 Parcel #3: "Lots 1 and 2 in Block 28, County F Seat Addition to Iowa City, Iowa"; and severance damages to: "Lot 7 except the South 8 feet thereof and all of Lot 8 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of Johnson County, Iowa." I $ 60,000.00 Parcel #4: "Lots 31 and 32 in White's Subdivision of Outlot 4, County Seat Addition to Iowa City, Iowa, according to the plat of said subdivision recorded in Book 13, page 272, Deed Records of Johnson County, Iowa." $96,600.00 Parcel #5: "The west 65 feet (west k) of Lots 19, 20, 21, and 22 of Whites Subdivision of Outlot #4, County Seat Addition, Iowa City, Johnson County, Iowa"; and "The east half of Lots 19, 20, 21, and 22 in White's Subdivision of Outlot 4, in the County Seat of Johnson i a �l 7 MICROFILMED BY DORM MIC R+L A B "i CEDAR RAPIDS • DES MOINES M A Resolution No. 80-67 Page 2 County, Iowa, according to the plat thereof recorded in Book 13, page 272, Deed Records of Johnson County, Iowa." $ 35,100.00 Parcel #6: "Lots 29 and 30 in White's Subdivision of Outlot 4, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof, except that portion thereof which lies east of the centerline of the creek running in a southwesterly direction through the east end of said lots." $ 21,900.00 Parcel #7: That part of Lot Three (3), Block Twenty-eight 28), lying west of the channel of Ralston Creek as it now runs in that part of Iowa City, Johnson County, Iowa." 2. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcels in accordance with the real property acquisition regulations of the Department of Housing and Urban Development. 3. That the City Manager, acting as Executive Officer of all Housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcels. It was moved by Neuhauser and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X —Neu hauser x Perret x Roberts X Vevera Passed and approved this 26thday of February 1980. YOR ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDARRAPIDS DES MOINES r' RGcaived 8: Approved By The Legal Depa IIP M y a� II i 1 Resolution No. 80-67 Page 2 County, Iowa, according to the plat thereof recorded in Book 13, page 272, Deed Records of Johnson County, Iowa." $ 35,100.00 Parcel #6: "Lots 29 and 30 in White's Subdivision of Outlot 4, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof, except that portion thereof which lies east of the centerline of the creek running in a southwesterly direction through the east end of said lots." $ 21,900.00 Parcel #7: That part of Lot Three (3), Block Twenty-eight 28), lying west of the channel of Ralston Creek as it now runs in that part of Iowa City, Johnson County, Iowa." 2. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcels in accordance with the real property acquisition regulations of the Department of Housing and Urban Development. 3. That the City Manager, acting as Executive Officer of all Housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcels. It was moved by Neuhauser and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X —Neu hauser x Perret x Roberts X Vevera Passed and approved this 26thday of February 1980. YOR ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDARRAPIDS DES MOINES r' RGcaived 8: Approved By The Legal Depa IIP M y a� \� City of Iowa Cin MEMORANDUM Date: February 22, 1980 To: City Council and City Manager From: it James A. Hencin, CDBG Program Coordinator r Re: Small Cities Project - Property Acquisition - Phase I ;F Apprasials have been completed and reviewed for Phase I acquisition j for the Small Cities Project. The seven parcels have been appraised for a total value of $345,700. Federal regulations require that the City establish "just compensation" based on, and not less than, the valuation determined by the review appraisal. The values established by the resolution are equal to the respective review appraisals. 9 Following the approval of this resolution the CDBG staff will proceed with purchase offers and negotiations for the purchase of the subject parcels. Required relocation assistance- will be coordinated with the j 5: acquisition of these parcels. bdw/sp ---- I 1 P 1 1 1 I i i I MICROFILMED BY JORM MIC R;LAB 't CEDAR RAPIDS •DES MOINES 1'4 i i PROPERTIES TO BE ACQUIRED (Phase I of Small Cities Project Acquisitions) PARCEL i ADDRESS OWNER 1 506 South Linn Street Kathleen Cochran Boggs j f 2 222 East Benton Street Philip C. Cary 1 3 800 South Dubuque Street James K. Fisher 4 926 South Dubuque Street Inez Foster 5 219, 21911 & 223 East Benton Ronald F. Johnson 6 930 South Dubuque Street Clark E. & Mabel E. Jones 1 7 222P, East Benton Street Raymond G. Lothridge yah MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i i f a I r`. RESOLUTION NO. 80-68 RESOLUTION APPROVING SETTLEMENT OF FREEWAY 518 LITIGATION WHEREAS, the City of Iowa City is presently engaged in litigation with the Iowa Department of Transportation concerning the alignment of Freeway 518, and, WHEREAS, the City of Iowa City desires to settle this litigation, and, WHEREAS, the City has negotiated a proposed stipulation of settlement concerning outstanding issues between the City and the Iowa Department of Transportation, which stipulation is attached, and, WHEREAS, the City has also negotiated with West Side Co., an Iowa partnership, concerning payment for construction of Mormon Trek Road Bypass in the vicinity of the Freeway 518 -Highway 1 interchange, which negotiations have led to a proposed agreement between the City and West Side Co., which agreement is attached. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the attached stipulation of settlement between the City of Iowa City and the Iowa Department of Transportation be and the same is hereby approved, and upon execution by the parties, the City's special counsel is directed to file a dismissal with prejudice of the pending litigation as called for by said agreement. 2. The attached, proposed agreement between the City and West Side Co. is hereby approved. 3. The Mayor and City Clerk are hereby authorized and directed to execute both agreements on behalf of the City. 4. The City Council formally states as a part of this resolution that the approval of the agreement between the City and West Side Co. shall be deemed to create no additional legal rights with respect to the commercial developments of land owned by West Side Co. It was moved by Vevera and seconded by Roberta that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: a Balmer _ x Erdahl x Lynch x Neuhauser X Perret x Roberts x Vevera Passed and approved this 26thday of February 1980. i ATTEST: 7 �4 L� �prQ A 0 � CITY CLERK ko civr.J R A-! By The Ley.; :J p�rirno. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES y o-9 i The Iowa City Council February 19, 1980 Page 2 creates no legal obligation on the part of the City and I will be so advising West Side Co. West Side Co. does understand this and is nevertheless prepared to enter into the attached agreement with the City in order to facilitate construction of the freeway and the Mormon Trek Bypass. Please review the enclosed agreements. It is my intention to have a resolution on your next agenda approving both agreements. Therefore, I wanted to get these documents out to you as soon as possible. Very truly yours, onHaek Cit Attorney bdw2/11-12 Enclosures M MICROFILMED BY JORM MICRf�LAB CEDAR RAPIDS • DES HDINES i i The Iowa City Council February 19, 1980 Page 2 creates no legal obligation on the part of the City and I will be so advising West Side Co. West Side Co. does understand this and is nevertheless prepared to enter into the attached agreement with the City in order to facilitate construction of the freeway and the Mormon Trek Bypass. Please review the enclosed agreements. It is my intention to have a resolution on your next agenda approving both agreements. Therefore, I wanted to get these documents out to you as soon as possible. Very truly yours, onHaek Cit Attorney bdw2/11-12 Enclosures M MICROFILMED BY JORM MICRf�LAB CEDAR RAPIDS • DES HDINES CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180 February 19, 1980 The Iowa City Council Iowa City Civic Center c Iowa City, Iowa 52240 F Re: Freeway 518 Mayor and Councilmembers: I am very pleased to be able to report to you that in conjunction with the work of the City Manager and Public Works Director, I have been able to negotiate a tentative settlement of the outstanding differences between the City of Iowa City and the Iowa Department of Transportation. These negotiations as you know have been protracted and difficult. They have involved not only the City of Iowa City and the Iowa Department of Transportation, but also Johnson County and certain private interests affected by the freeway. Attached are copies of a proposed stipulation of settlement between the City of Iowa City and the Iowa Department of Transportation which is intended to resolve all outstanding differences between the City and IDOT concerning this freeway. Further, attached is a proposed stipulation between West Side Co., a partnership, and the City of Iowa City concerning the construction of the Mormon Trek Road Bypass. This agreement has already been signed by Mr. Earl Yoder on behalf of the partnership and awaits City Council approval. The essential terms of the agreement between West Side Co. and the City provides that West Side will pay to the City, which in turn will pay to the State, the estimated additional cost of $90,000 to construct Mormon Trek Bypass to the City's requirements. The willingness of West Side Co. to fund the additional cost of the bypass road was the final "key" necessary to settle the very serious differences between Johnson County and the City concerning the location of Mormon Trek Bypass. I have been advised by West Side Co. that they are interested in commercial development of the property they own in the vicinity of the Freeway 518 -Highway 1 interchange. I anticipate that they will be requesting approval of such development from the County and in the future probably the City. I have advised West Side Co. and will do so by letter again that the City cannot contract for zoning or for any such approvals. Accordingly, the funds must be received from them with the clear understanding that the receipt of such funds 51o29 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I V r IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, Plaintiff, IOWA DEPARTMENT OF TRANSPORTATION, Defendant, IOWA CITY CHAMBER OF COMMERCE, ROBERT N. DOWNER, DONALD STRUB, DONALD HERBERT, RUSSELL MISHAK, THOMAS HOOGERWERF, MARVIN HARTWIG, JOHNSON COUNTY, IOWA, CITY OF HILLS AND CITY OF RIVERSIDE, Intervenors. IJO. 45014 STIPULATION OF SETTLEMENT COMES NOW, the above -captioned parties, the Iowa Department of 'Transportation (DOT), City of Iowa City (City) and Johnson County (County), and by way of compromise settlement agree as follows: 1. All parties hereto agree and consent to the construction of: Arterial Highway 518, sometimes referred to as Freeway 518, extending between Interstate 00'and Primary Highway Iowa 1 in Johnson County along the location identified in the Final Environmental Statement dated May, 1977, and signed for the Federal Highway Administration Regional Administrator on November 28, 1977, pertaining to Project Numbers F-518-3 and F-518-4. All parties agree and consent to allowing the DOT to immediately commence all activities to complete this highway project.' 2. All parties hereto agree and consent to the construction i of: said Arterial Iiighway 518 in accordance with the Iowa Department of Transportation const•rucL•ion/design plans with the following modifications and clarifications: (a) The Del:)ar.tment of: Transportation will construct re- located Mormon Trek Road along the location shown by the con- j S[AA1cLiun/cius.ign I,.Lvis as an ur.bn'n rection having a 3.1 foot wide j i 1 .. MIL nun encu oi JORM MICR+LAB CEDAR RAPIDS • DES MOINES i. _2_ paved road with curbs, gutter intakes, and storm sewer outlets; these outlets will be into the open common ditch between Mormon j Trek (toad and Arterial highway 518. Johnson County consents and agrees to said construction. However, the City will reimburse i the DOT the additional cost of constructing such a 31 foot urban Paved road as compared to a 24 foot rural section of road as originally planned and designed by the DOT. The additional cost is determined to be $90,000. The City, within 30 days of executing this Stipulation of Settlement-, will provide the DOT with said $90,000 sum of money. If the construction of said 1 �elocat-ed Mormon Trek Road is not begun within 5 years of the 1 �o \ date of this Stipulation of Settlement, the DOT will return said $90,000 sum of money with interest at an annual rate of 7 percent. (b) as^he Department of Transportation in accordance with DOT construction/design plan sheets Nos. 27 and 30 will construct lights at the interchanges of the new Arterial Highway 510 with Melrose Avenue and with Primary Highway Iowa 1. Notwithstanding the provisions of 9313.4(4), 1979 Code of Iowa, the City will maintain and pay all future energy costs of the lights located at the interchange of Arterial. Highway 510 and Melrose Avenue. If the City should annex into its corporate boundaries the interchange of Primary Highway Iowa'l and Arterial Highway 518, or a portion thereof, the City at that time will assume the responsibility for maintenance and energy of said lights at the. interchange. (c) In reference to the frontage road to be constructed from Melrose Avenue extending northwesterly to a connection with the. existing county road, the surface%of said frontage road will be granular except for the portion between Melrose Avenue and Camp Cardinal Road which will he seal coated. (d) That portion of: hlolrosc Avenue Which will be y rccon:;tructc(1 for approrimaLel111(ttand went of the inLe).7change respectively, will. be reconsL•ruct-ed with JORM MICR4�LAB CEDAR RAPIDS • DES MOINES u -3- a grassed median consistont with the existing median on Melrose Avenue. (e) The Department- of Transportation will also provide - plantings along the relocated Mormon Trek, Road in accordance with the construction/design plan sheet number 7. 3. The Department• of Transportation will provide Johnson County a state warrant in the amount of $100,000, which the County will expend on the cost of providing a sewage system for the county home. The County will hold the Department of Transportation harmless from any and all further responsibility in providing a sewage system for said county home. It is expressly understood that any evaluation of just compensation for future right-of-way acquisition from the County for this project• will not include any damages relating to the sewage system for the county home. 4. Local traffic shall be maintained by the DOT across this Project during the construction period. 5. The County shall be responsible for providing to the DOT without cost all right--of-way which involves existing.county . roads needed for this Arterial Highway 518 project. G. The City shall be responsible for providing, without cost to the DOT all right-of-way needed for this Arterial highway 51H project which involves: (a) dedicated streets or alloys and (b) other City -owned lands subject to the condition that the DOT shall reimburse the City for the value of improvements situated on such other City -owned lands. 7. in connection with this Project all real estate and rights to real estate necessary for right of way in the construction, relocation or reconstruction of: puh.li.c roads which are or which will be under the respective jurisdiction of either the City or County, including access or frontage roads if any, may be acquired by the DOT, for and in the name of: either. the City or County depending on whether it is locatod within the City or County. The City or County shall receive title f:r.om the contract• seller and the City or. County docs: hereby agree to accept title thereto. Where acquired by condemnation a :angle -4 - joint condemnation proceeding shall be instituted by the DOT, with either the City or County to acquire real estate and/or rights in real estate. 0. Subject to the approval of and without expense to the DOT, the City and County agree to perform (or cause to be performed), all relocations, alterations, adjustments or removals Of utility facilities, including but not- limited to power, telephone and telegraph lines, natural gas pipelines, water mai ns and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street-, alley or road and which will interfere with construction of the Project, all in accordance with the Utility Accommodation Policy of the DOT. 9. All storm sewers constructed by the DOT as a part of said Project shall become the property of either the City or County, (depending upon whether they are located within the City or County) which shall be responsible for their maintenance and operations. They shall not make any connection to said storm sewers without prior written approval of the DOT. They shall take all appropriate measures to prevent use of such storm sewers as a sanitary sewer. 10. Upon completion of the project the City and County shall each receive title to and assume full responsibility for that portion of relocated Mormon Trek Road and the frontage road from Melrose Avenue connecting to the existing county road within the City or. County respectively. 11. Upon completion of this project the City sha.l.l assume full maintenance responsibility fdr that portion of Melrose Avenue which will be within its new Arterial Highway 510 interchange. At that time the City Will also be responsible for a17. future maintenance of Rohret ]toad. The DOT shall be responsible for the structural maintenance of said grade separation structure at Rohret Road, including repairs to the f-l.00r, railing and painting. DORM MICR+LAB CEDAR RAPIDS - DES MOINES h L/14 9 -5- 12. It is further agreed by the DOT that the Primary Highway Iowa 1 -US G -US 218 intersection and Iowa Primary highway Project- from the new Arterial Highway 518 to said Iowa 1 -US 6 -US 218 intersection will be completed during the same construction seasons as the Arterial Highway 518 project. The DOT further agrees to the development of the Denton -Riverside project on a 50-50 basis with the City during the above -identified construction period. 13. The County will promptly execute and deliver to the DOT Agreement No. CR -90 previously offered to the County covering construction of Arterial Highway 518 between the south line of Johnson County and Interstate 80. All provisions of said Agreement id o. CR -90 shall be incorporated as a part of this Stipulation of Settlement. 19. Upon execution of this Stipulation of Settlement the Plaintiff, City of Iowa City, shall dismiss with prejudice the above -captioned lawsuit, and further agrees and covenants not to bring suit which would challenge, oppose or delay the construction of Arterial Highway 518 in Johnson County. 15. This Stipulation of Settlement will be filed with the Clerk of Court as a part of this action. The City and the DOT will each pay 50 percent of the court costs of this action. Dated this day of 1900. On Behalf of City of Iowa City, Iowa: On Behalf of Iowa DOT: � I � Robert Riglar, Chairman John Balmer, mayor John Hayek, City Attorney MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Ro3crt W. Goodwin General Counsel Iowa Department: of: Transportation i -G- On Behalf of Johnson County, Iowa: Harold Donnelly, Board o£ Supervisors J. Patric; WIIILe, Assistant County Attorney On Behalf of the Chambers of Commerce of Iowa City, Hills, and Riverside and the members thereof: Jay Itonohan, Attorney 0 0 fi CEDAR RAPIDS • DES MOINES - I r !i I ^1 AGREEMENT This Agreement is entered into this day of February, 1980, between West Side Co., an Iowa partnership, consisting of Earl M. Yoder, George Nagle, Edward W. Thomas, and Charles A. Barker, all of Johnson County, Iowa, hereinafter referrer] to as West Side, and the City of Iowa City, a municipal cor- poration, hereinafter referred to as the City, and WHEREAS, West Side owns approximately 37 acres of land located in the SW 1/4 of the NE 1/4 of Sec. 20, Township 79 North, Range 6 West of the 5th P.M. lying north of Iowa Highway One, at its intersection with proposed Freeway 518, and, WHEREAS, the City, the Iowa Department of Transportation, and Johnson County, are presently involved in litigation in Johnson County concerning Freeway 518 and have been unable to agree upon a mutually acceptable solution to the problems involved or to the problem .of Mormon Trek Road as related to the Freeway, and, WHEREAS, West Side is interested in seeing this litigation terminated, outstanding differences settled, Freeway 518 constructed, and Mormon Trek Road changed to connect with Highway One via a bypass to be constructed east of 518 and in connection with an at the same time as construction of 518, all as shown and included in the present and existing plans of the Iowa Department of Transportation for Freeway 518 and the Mormon Trek Bypass, and, WHEREAS, one of the areas of difference between the City and the Iowa Department of Transportation has been the design specifications of the Mormon Trek Bypass, the City requesting that the construction of said bypass be to a width of 31 feet with curb, gutter, and appropriate drainage, and the Department PM of Transportation, how,, ;, not being willing to pay the cost of constructing sa;. bypass to design specifications greater than 24 feet, with the additional cost of construction to city specifications being estimated to be $90,000.00. NOW, THEREFORE, it is agreed between West Side and City as follows: 1. That in order to enable the parties to settle their differences, dismiss the suit, proceed with the construction of 518 as presently designed and to facilitate building of the Mormon Trek bypass to the specifications required by the City, West Side is willing to pay to the City the estimated additional construction cost of $90,000.00 in connection with construction of Mormon Trek Bypass to City specifications on the understanding that the City will in turn pay that sum to the Iowa Department of Transportation so that they can construct the bypass road to the specifications required by the City at the same time as 518 is built and as a part of the same project. 2. It is agreed by West Side that the sum of $90,000.00 will be paid to the City within 25 days from the'date the City and the Department of Transportation execute a settlement memoradnum or stipulation settling their outstanding dif- ferences and dismiss the now pending lawsuit between the parties in Johnson County District Court. 3. The City, for its part, agrees upon receipt of the above mentioned sum to transmit the same to the State Depart- ment of Transportation pursuant to a written settlement agreement, which agreement will generally provide that the State will construct the Mormon Trek Bypass along its presently .planned route in conjunction with its construction of Freeway 518, said construction to be completed within five years from 0 CEDAR RAPIDS 1 DES MOINES - 3 - the date of the settlement memorandum executed by the City and the Department of Transportation. A. It is agreed between the City and West Side that the settlement agreement between the City and the Iowa Depart- ment of Transportation will provide that in the event a contract for the construction of the bypass road is not let within five years from the date of execution of the City -State settlement agreement or dismissal of the suit, whichever is earliest, the $90,000.00 sum paid to the State shall be returned to the City with interest from the date of original payment at the legal rate applicable during the period and the City agrees that in the event said contract is not let and the $90,000.00 sum is returned to the City, the City will in its turn refund the same along with the above interest received to West Side. City further agrees to use its best efforst to obtain the return of this sum in the event the bypass is not constructed as called for in the settlement agreement. 5. This agreement is contingent upon the City and the Iowa Department of Transportation in fact entering into a legally binding settlement agreement as above contemplated and a dismissal being filed of the existing lawsuit between the State and the City and both parties agreeing to proceed as expeditiously as possible with the construction of 518 and the Mormon Trek Bypass. 6. It is agreed by City, and City will so agree with the Iowa Department of Transportation, that if at any time following payment of the amount set out herein, the Iowa Department of Transportation permanently abandons its plan to build 518 at its intersection with Highway One as presently located, at that time said $90,000.00 together with interest D y < u CEDAR RAPIDS DES MOINES S' t - 3 - the date of the settlement memorandum executed by the City and the Department of Transportation. A. It is agreed between the City and West Side that the settlement agreement between the City and the Iowa Depart- ment of Transportation will provide that in the event a contract for the construction of the bypass road is not let within five years from the date of execution of the City -State settlement agreement or dismissal of the suit, whichever is earliest, the $90,000.00 sum paid to the State shall be returned to the City with interest from the date of original payment at the legal rate applicable during the period and the City agrees that in the event said contract is not let and the $90,000.00 sum is returned to the City, the City will in its turn refund the same along with the above interest received to West Side. City further agrees to use its best efforst to obtain the return of this sum in the event the bypass is not constructed as called for in the settlement agreement. 5. This agreement is contingent upon the City and the Iowa Department of Transportation in fact entering into a legally binding settlement agreement as above contemplated and a dismissal being filed of the existing lawsuit between the State and the City and both parties agreeing to proceed as expeditiously as possible with the construction of 518 and the Mormon Trek Bypass. 6. It is agreed by City, and City will so agree with the Iowa Department of Transportation, that if at any time following payment of the amount set out herein, the Iowa Department of Transportation permanently abandons its plan to build 518 at its intersection with Highway One as presently located, at that time said $90,000.00 together with interest D y < u CEDAR RAPIDS DES MOINES - 4 - will be returned to West Side. WE By CITY OF IOWA CITY By Mayor ATTEST: City Clerk m i i I is ?i AGREEMENT This Agreement is entered into this 26th day of February, 1960, between West Side Co., an Iowa partnership, consisting of Earl M. Yoder, George Nagle, Edward W. Thomas, and Charles A. Barker, all of Johnson County, Iowa, hereinafter referred to as West Side,.,and the City of Iowa City, a municipal cor- poration, hereinafter referred to as the City, and WHEREAS, West Side owns approximately 37 acres of land located in the SW 1/4 of the NE 1/4 of Sec. 20, Township 79 North, Range 6 West of the 5th P.M. lying north of Iowa Highway One, at its intersection with proposed Freeway 518, and, WHEREAS, the City, the Iowa Department of Transportation, and Johnson County, are presently involved in litigation in Johnson County concerning Freeway 518 and have been unable to agree upon a mutually acceptable solution to the problems involved or to the problem of Mormon Trek Road as related to the Freeway, and, WHEREAS, West Side is interested in seeing this litigation terminated, outstanding differences settled, Freeway 518 constructed, and Mormon Trek Road changed to connect with Highway One via a bypass to be constructed east of 518 and in connection with an at the same time as construction of 518, all as shown and included in the present and existing plans of the Iowa Department of Transportation for Freeway 518 and the Mormon Trek Bypass, and, WHEREAS, one of the areas of difference between the City and the Iowa Department of Transportation has been the design specifications of the Mormon Trek Bypass, the City requesting that the construction of said bypass be to a width of 31 feet with curb, gutter, and appropriate drainage, and the Department d ILI'ILV YI ' JORM MIC R�LAB CEDAR RAPIDS •DES MOINES :1 M of Transportation, however, not being willing to pay the cost of constructing said bypass to design specifications greater than 24 feet, with the additional cost of construction to city specifications being estimated to be $90,000.00. NOW, THEREFORE, it is agreed between West Side and City as follows: 1. That in order to enable the parties to settle their differences, dismiss the suit, proceed with the construction of 518 as presently designed and to facilitate building of the Mormon Trek bypass to the specifications required by the City, West Side is willing to pay to the City the estimated additional construction cost of $90,000.00 in connection with construction of Mormon Trek Bypass to City specifications on the understanding that the City will in turn pay that sum to the Iowa Department of Transportation so that they can construct the bypass road to the specifications required by the City at the same time as 518 is built and as a part of the same project. 2. It is agreed by West Side that the sum of $90,000.00 will be paid to the City within 25 days from the date the City and the Department of Transportation execute a settlement memoradnum or stipulation settling their outstanding dif- ferences and dismiss the now pending lawsuit between the parties in Johnson County District Court. 3. The City, for its part, agrees upon receipt of the above mentioned sum to transmit the same to the State Depart- ment of Transportation pursuant to a written settlement agreement, which agreement will generally provide that the State will construct the Mormon Trek Bypass along its presently planned route in conjunction with its construction of Freeway 518, said construction to be completed within five years from I CEDAR RAPIDS • DES MOINES - 3 - the date of the settlement memorandum executed by the City and the Department of Transportation. 4. It is agreed between the City and West Side that the settlement agreement between the City and the Iowa Depart- ment of Transportation will provide that in the event a contract for the construction of the bypass road is not let within five years from the date of execution of the City -State settlement agreement or dismissal of the suit, whichever is earliest, the $90,000.00 sum paid to the State shall be returned to the City with interest from the date of original payment at the legal rate applicable during the period and the City agrees that in the event said contract is not let and the $90,000.00 sum is returned to the City, the City will in its turn refund the same along with the above interest received to West Side. City further agrees to use its best efforst to obtain the return of this sum in the event the bypass is not constructed as called for in the settlement agreement. 5. This agreement is contingent upon the City and the Iowa Department of Transportation in fact entering into a legally binding settlement agreement as above contemplated and a dismissal being filed of the existing lawsuit between the State and the City and both parties agreeing to proceed as expeditiously as possible with the construction of 518 and the Mormon Trek Bypass. G. It is agreed by City, and City will so agree with the Iowa Department of Transportation, that if at any time following payment of the amount set out herein, the Iowa Department of Transportation permanently abandons its plan to build 518 at its intersection with Highway One as presently located, at that time said $90,000.00 together with interest ... JORM MICR4?LAB. CEDAR RAPIDS • DES MOINES ■ i 2 V will be returned to West Side. WEST SIDE -CO. C/ I IIy General Partner; CITY OF IOWA CITY -'` Mayor ATTEST: City Clerk l i. I 1 r if ; l i. At t, U` �I will be returned to West Side. WEST SIDE -CO. C/ I IIy General Partner; CITY OF IOWA CITY -'` Mayor ATTEST: City Clerk l i. I 1 r if ; IrI.o CEDAR RAPIDS • DES MOINES 4 1I p I ; --'� IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, ) Plaintiff, ) IOWA DEPARTMENT OF ) TRANSPORTATION ) Defendant, ) IOWA CITY CHAMBER*OF COMMERCE, ... ') ROBERT N. DOWNER, DONALD STRUB, ) DONALD HERBERT, RUSSELL MISHAK, ) THOMAS HOOGERWERF, MARVIN HARTWIG, ) JOHNSON COUNTY, IOWA, CITY OF ) HILLA AND CITY OF RIVERSIDE ) Intervenors, j NO. 45014 STIPULATION OF SETTLEMENT COMES NOW, the above -captioned parties, the Iowa Department of Transportation (DOT), City of Iowa City (City) and Johnson County Ton CEDAR RAPIDS • DESMOINES (County), and by way of compromise settlement agree as follows: 1. All parties hereto agree and consent to the construction of Arterial Highway 518, sometimes referred to as Freeway 518, extending between Interstate 80 and Primary Highway Iowa 1 in Johnson County along the location identified in the Final Environmental Statement dated May, 1977, and signed for the Federal Highway Administration Regional Adminis- trator on November 28, 1977, pertaining to Project Numbers F-518-3 and F- 518-4. All parties agree and consent to allowing the DOT to immediately commence all activities to complete this highway project. 2. All parties hereto agree and consent to the construction of said Arterial Highway 518 in accordance with the Iowa Department of Transportation construction/design plans with the following modifications and clarifications: (a) The Department of Transportation will construct relocated Mormon Trek Road along the location shown by the construction/design plans as an urban section having a 31 foot wide 7" PCC paved road with curbs, 1 gutter intakes, and storm sewer outlets; these outlets will be into the open common ditch between Mormon Trek Road and Arterial Highway 518. Johnson County consents and agrees to said construction. However, the City will reimburse the DOT the additional cost of constructing such a 31 r .e foot urban paved road as compared to a 24 foot rural section of road as c ;I originally planned and designed by the DOT. The additional cost is i determined to be $90,000. The City, within 30 days of executing this Ton CEDAR RAPIDS • DESMOINES -2- Stipulation 2 Stipulation of Settlement, and dismissal of the pending lawsuit, will provide the DOT with said $90,000 sum of money. In the event a contract for the construction of said relocated Mormon Trek Road is not let within 5 years of the date of this Stipulation of Settlement or dismissal of the suit, whichever is earliest, the DOT will return said $90,000 sum of money with interest at the legal rate applicable from the date of original Payment. Further, if DOT permanently abandons its plan to build Freeway V 518 at its intersection with Highway 1 as presently located, at that time said $90,000 together with interest will be returned to the City. (b) The DeDartmant .,f r ------ ., -- cons tructi on/des ign . construction/design plan sheets Nos. 27 and 30 will construct 11ghtsvat the interchanges of the new Arterial Highway 518 with Melrose Avenue and with Primary Highway Iowa 1. Notwithstanding the provisions of 9313.4(4), 1979 Code of Iowa, the City will maintain and pay all future energy costs of the lights located at the interchange of Arterial Highway 518 and Melrose Avenue. If the City should annex into its corporate boundaries the interchange of Primary Highway Iowa 1 and Arterial Highway 518, or a portion thereof, the City at that time will assume the responsibility for maintenance and energy of said lights at the interchange. All light poles to be maintained by the City shall be a maximum of 30 feet in height. (c) In reference to the frontage road to be constructed from Melrose Avenue extending northwesterly to a connection with the existing county road, the surface of said frontage road will be granular except for the portion between Melrose Avenue and Camp Cardinal Road which will be seal coated. (d) That portion of Melrose Avenue which will be reconstructed for approximately 1,100 and 1,200 feet east and west of the interchange respectively, will be reconstructed with a raised, curbed grassed median consistent with the existing median on Melrose Avenue. (e) The Department of Transportation will also provide plantings along the relocated Mormon Trek Road in accordance with the construction/design plan sheet number 7. 3. The Department of Transportation will provide Johnson County a o state warrant in the amount of $100,000, which the County will expend on the cost of providing a sewage system for the county home. The County Will hold the Department of Transportation harmless from any and all i! further responsibility in providing a sewage system for said county home. e e V y ICEDAR RAPIDS • DES MOINES I � 11-11 -3- It is expressly understood that any evaluation of just compensation for future right-of-way acquisition from the County for this project will not include any damages relating to the sewage system for the county home. (a) DOT will install 9 26" conduit under the freeway at a location to be determined by the City to facilitate construction of a sewer line west of the freeway in the vicinity of the county home. 4. Local traffic shall be maintained by the DOT across this Project during the construction period. 5. The County shall be responsible for providing to the DOT without cost all right-of-way which involves existing county roads needed for this Arterial Highway 518 project. 6. The City shall be responsible for providing, without cost to the DOT all right-of-way needed for this Arterial Highway 518 project which involves dedicated streets or alleys. 7. In connection with this Project all real estate and rights to real estate necessary for right-of-way in the construction, relocation or reconstruction of public roads which are or which will be under the respective jurisdiction of either the City or County, including access or frontage roads if any, may be acquired by the DOT, for and in the name of either the City or County depending on whether it is located within the City or County. The City or County shall receive fee title from the contract seller and the City or County does hereby agree to accept title thereto. Where acquired by condemnation a single joint comdemnation proceeding shall be instituted by the DOT with either the City or County to acquire real estate and/or rights in real estate. 8. Subject to the approval of and without expense to the DOT, the City and County agree to use their best efforts to perform (or caused to be performed), all relocations, alterations, adjustments or removals of utility facilities, including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limiLts of an established street, alley or road and which will interfere with construction of the Project, all in accordance witA the Utility Accommodation Policy of the DOT. JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i 4 M -4- 9. All storm sewers on Mormon Trek constructed by the DOT as a part of said Project shall become the property of either the City or County, (depending upon whether they are located within the City or County) which shall be responsible for their maintenance and operations. 10. Upon completion of the project the City and County shall each receive title to and assume full responsibility for that portion of relocated Mormon Trek Road and the frontage road from Melrose Avenue connecting to the existing county road within the City or County respec- tively. 11. Upon completion of this project the City shall assume full maintenance responsibility for that portion of Melrose Avenue which will be within its new Arterial Highway 518 interchange. At that time the City will also be responsible for all future maintenance of Rohret Road. The DOT shall be responsible for the structural maintenance of said grade separation structure at Rohret Road, including repairs to the floor, railing and painting. 12. It is further agreed by the DOT that the Primary Highway Iowa 1 - US 6 -US 218 intersection and Iowa Primary Highway Project from the new Arterial Highway 518 to said Iowa 1 -US 6 -US 218 intersection and north through the Benton Street intersection will be completed during the same construction seasons as the Arterial Highway 518 project. The DOT further agrees to the development of the Benton -Riverside project on a 50-50 basis with the City during the above -identified construction period. 13. The County will promptly execute and deliver to the DOT Agreement No. CR -90 previously offered to the County covering construction of Arterial Highway 518 between the south line of Johnson County and Interstate 80. All provisions of said Agreement No. CR -90 shall be incorporated as a part of this Stipulation of Settlement. 14. Upon execution of this Stipulation of Settlement the Plaintiff, City of Iowa City, shall dismiss with prejudice the above -captioned lawsuit. The City further agrees and covenants not to bring suit other than for failure to comply with their stipulating settlement or other agreements referred to herein, which would challenge, oppose or delay the construction of Arterial Highway 518 in Johnson County. 15. This Stipulation of Settlement will be filed with the Clerk of Court as a part of this action. The City and the DOT will each pay 50 percent of the court costs of this action. JORM MICR4?LAtl CEDAR RAPIDS • DES MOINES I 1 ■ i 1 I d M -4- 9. All storm sewers on Mormon Trek constructed by the DOT as a part of said Project shall become the property of either the City or County, (depending upon whether they are located within the City or County) which shall be responsible for their maintenance and operations. 10. Upon completion of the project the City and County shall each receive title to and assume full responsibility for that portion of relocated Mormon Trek Road and the frontage road from Melrose Avenue connecting to the existing county road within the City or County respec- tively. 11. Upon completion of this project the City shall assume full maintenance responsibility for that portion of Melrose Avenue which will be within its new Arterial Highway 518 interchange. At that time the City will also be responsible for all future maintenance of Rohret Road. The DOT shall be responsible for the structural maintenance of said grade separation structure at Rohret Road, including repairs to the floor, railing and painting. 12. It is further agreed by the DOT that the Primary Highway Iowa 1 - US 6 -US 218 intersection and Iowa Primary Highway Project from the new Arterial Highway 518 to said Iowa 1 -US 6 -US 218 intersection and north through the Benton Street intersection will be completed during the same construction seasons as the Arterial Highway 518 project. The DOT further agrees to the development of the Benton -Riverside project on a 50-50 basis with the City during the above -identified construction period. 13. The County will promptly execute and deliver to the DOT Agreement No. CR -90 previously offered to the County covering construction of Arterial Highway 518 between the south line of Johnson County and Interstate 80. All provisions of said Agreement No. CR -90 shall be incorporated as a part of this Stipulation of Settlement. 14. Upon execution of this Stipulation of Settlement the Plaintiff, City of Iowa City, shall dismiss with prejudice the above -captioned lawsuit. The City further agrees and covenants not to bring suit other than for failure to comply with their stipulating settlement or other agreements referred to herein, which would challenge, oppose or delay the construction of Arterial Highway 518 in Johnson County. 15. This Stipulation of Settlement will be filed with the Clerk of Court as a part of this action. The City and the DOT will each pay 50 percent of the court costs of this action. JORM MICR4?LAtl CEDAR RAPIDS • DES MOINES I 1 ■ -5- �1 Dated this 26th day of February , 1980. On Behalf of City of Iowa City, Iowa: On Behalf of Iowa DOT: hn Balmer Ma or Robert R gler, Chairman John Hayek, City Attorney David A. Elderkin, Special Counsel for the City On Behalf of Johnson County, Iowa: Harold Donnelly, Board of Supervisors Robert W. Goodwin, General Counsel Iowa Department of Transportation J. Patrick White, Assistant County Attorney On Behalf of the Chambers of Commerce of Iowa City, Hills, and Riverside and the members thereof: Jay Honohan, Attorney D CEDAR RAPIDS • DES MOINES I i j i i f rr ; I. AGREEMENTS/CONTRACTS Attached are unexecuted copies of .,2 -Zlo as signed by the Mayor. After //their execution by the second party, please route 2) gvkl 3) �ua 4) 5) is to be responsible for completion of this procedure. After receipt of originally signed document from you, a xerox copy will be returned to your office. Abbie Stolfus, CMC City Clerk ^0hA �9 rC4u�`� ; G, Grl� G ., .....i _... .... _..-. _..i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i L. ., .....i _... .... _..-. _..i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES �LfiL�Y RESOLUTION N0. g269 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1980, THROUGH JUNE 30, 1981, AND AN AGREEMENT AMENDING THE COST OF LIVING ALLOWANCE OF THE 1979-80 COLLECTIVE BARGAINING AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter the City) City Association of Professional Fire Fighters, IAFF, AFL-CIOthe Iowa 6' 0610, (hereinafter the Union),through their designated bargaining representatives, have negotiated a tentative collective bargaining t agreement to be effective July 1, 1980 trough June.30, 1981' a copy.of h which Agreement is attached to this Resolution as "Exhibit A" and by this r reference made a part hereof, and . i WHEREAS, the City and the Union, through their designated bargaining I a representatives, have negotiated an agreement amending the cost of living allowance of the current collective bargaining agreement in effect between the parties as a part of the negotiated settlement, and WHEREAS, the City desires to approve the Agreement, finding that it will Promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced agreements between the City and the Uni hereby approved by the City, on are Z• The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the agreements. It was moved by Neuhnuser and seconded b resolution as read be ae ted, and upon roll call there— that the AYES: NAYS: ABSENT: i X Balmer x Erdahl d Lynch i -- Neuhauser I X Perret Roberts — x Vevera Passed and approved this 26th day of February 1980. ATTEST: ( .I, r -u / 14 CITY CLERK i, By Tlw L:ga: U. Y30 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES I u r "EXHIBIT A" AGREEMENT The City of Iowa City, Iowa (Employer) and the Iowa City Association of Professional Fire Fighters IAFF, AFL-CIO, Local #610 (Union) mutually agree to amend the terms of Article XXVIII (Other Compensation) of their 1979-80 collective bargaining agreement in the following manner: 1. The 1979-80 cost of living adjustment provisions of Section 1 [(a) through (f)] of Article XXVIII shall not be complied with and shall be null and void in their entirety. 2. The Employer shall provide a cost of living adjustment to bargaining unit personnel represented by the Union as follows: a. Two weeks after both the Union and the City execute the 1980-81 collective bargaining agreement, employees shall receive a one-time cash payment equal to 2% (two percent) of their then current annual base salary. This payment shall not be included in computing any employee's future salary levels. b. Effective July 1, 1980, employees shall receive an upward adjustment in their annual base salaries of 2% (two percent). This percent amount shall first be added to the percent amount negotiated by the parties for the 1980-81 salary increase (9%); the sum of which (11%) shall be used to determine the 1980-81 base salary amounts. The parties agree to waive any and all claims to any payment which may be raised in any forum concerning Article XXVIII Section 1 (a) through (f) of their 1979-80 collective bargaining agreement in exchange for the provisions of this agreement. FOR THE EMPLOYER: FOR THE UNION: MAYOR / ATTEST: 11 I,11 CITY CLERK DATE eg�l ce//cliff✓ COUSL 141CROFIL14ED BY JORM MICR+LAB CEDAR RAPIDS • DES TWINES 1 t Re,S%6Q? t % CGA( (60 20:A / a tA� Selccewur� tocol 70 COUNSEL q,3o I� CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND i IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS i IAFF, AFL-CIO, LOCAL 8610 I i i j i i L JULY 1, 1980 i TO JUNE 30, 1981 i I ' MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES g 0 TABLE OF CONTENTS j - ARTICLE I PAGE I Preamble ... . Article I -- , Recognition Article 1 , II -- ... Management Rights 2 I . Article III . . - No Strike - No Lockout . . . . 2 Article IV -- . . . . Dues Check Off . ' ' ' ' ' 3 Article V -- Hours of Work . . . . . . ' ' ' ' ' 3 Article VI -- Overtime . . . . . . • ' ' ' ' ' ' 3 Article VII -- Special Leave . . . . ' ' ' ' ' ' 4 Article VIII -- Holidays 5 I Article IX -- Sick Leave . . . . 7 Article X -- Vacations8 Article XI -- . . . ' Union Activities • ' • 9 Aritcle XII -- . Uniforms and Equipment 10 Article XIII -- Insurance ' ' ' ' . ' • • • 10 Article XIV -- Duty Outside the City . ' ' ' ' ' 11 Article XV -- Training Programs 11 Article XVI -- . . . ' Bulletin Boards . . , ' ' ' 11 Article XVII . . -- Personnel Transactions . . . . 12 12 Article XVIII -- Discipline . ' ' ' ' ' Article XIX -- Transfer Procedures 12 Article XX -- Supplemental Employment 13 Article XXI -- Safety . 13 Article XXII -- . . . • ' ' ' Grievance Procedure ' • • 13 Article XXIII , -- General Conditions ' ' ' ' . • • 14 Article XXIV -- Waiver ' ' ' ' ' • • • • • 16 Article XXV -- . Savings Clause . . . . . . • ' ' ' ' 17 Article XXVI -- Duration . . . . • • • ' ' • • • • 17, Article XXVII -- Wages 18 Article XXVIII -- Other Compensation 18 ...... 18 i �I I I i -- y30 I MICROFILMED BY ^- JORM MICR+LAB CEDAR RAPIDS • DES MOINES I I !'1 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: i � f i; I i I I !'1 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: i � f I i 73o MICROFILMED BY DORM MICR+LAB n CEDAR RAPIDS • DES MOINES _ r 2 ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all i permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public k Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. kThe City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause.. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. i g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. 1 i. To take such actions as may be necessary to carry out its mission. J. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. 430 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 3+ ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while k acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the .Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes ar swing out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that c City in a deductions the dues ettersigned by the President nand lnotarized. Authorization ufortcheck off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section I. The normal work week will average fifty-six (56) hours, but nc employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty- four (24) hour shifts, except such members as assigned to other special shifts 13 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 4 by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2.Temporary variations in and off may be made upon twenty-four required to change schedules in an weather. shift assignment or changes in days on (24) hours notice. No prior notice is emergency or in the case of inclement Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battalion Chiefs of the 'respective shifts -24 hours in advance except in the case of emergency when shorter periods of notice are required. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. C. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place within the fiscal year, upon termination, or by such time as required by the law, whichever comes first. d. The substitution may not impose any additional costs on the Employer, and in the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4.Staffin . The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5.Pay outside of classification. If an acting temporary appointment out of rank is made in writing by the Fire Chief for a period which exceeds 20 calendar days, the employee so appointed will be paid at the beginning pay rate, or beginning rate plus one step, when necessary to increase the salary in the acting appointment, of the rank in which he/she is acting on the first full shift on the 20th day. Such adjustments will be retroactive to the original date of appointment should the appointment go beyond 20 days. In making such appointments, the Fire Chief will look first to persons from the shift who are on the promotional list with the highest standing. If a person's name from the effected shift does not appear on the promotional list, the Fire Chief will then go to the most senior person on the shift. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in q30 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ■_1 5 charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary in the following circumstances only: a. Where overtime assignments are made over 72 (seventy-two) hours in advance; b. The right to refuse an overtime assignment shall be limited to the first 3 (three) employees asked; thereafter overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1�) times the current base hourly rate of the employee.or by compensatory time off at the rate of one and one-half' (1k) hours of each- hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work—inn an emergency situation without prior notice will be paid for a minimum of two and one-half (2 1/2) hours. If the emergency call-in takes more than two and one-half (2 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six 6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E. g., If a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. Upon application the City may grant a leave of absence with pay 1n the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES L/ 3a P %"1 b. the City's medical advisor determines that time off work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical i advisor. G If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to G sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is { reimbursed by the Fire Pension Board for days when an employee is using sick s leave for on-the-job injury, the City will return to the employee such sick leave. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or immediate supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; C. must pay premium for coverage under the group life insurance plan If coverage is desired; d, shall not receive any other accruals or job benefits during the period of absence; e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. 41 / h MICROFILMED BY ^- JORM MICR+LAEI CEDAR RAPIDS • DES MOVIES ■ 7 i The Fire Chief may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Dutv. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire supression activities. In the event that the employee is not excused the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent i on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay i when required to be absent from work for. the purpose of testifying in court in response to legal summons and -the City.shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. _Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Votin Time. An employee shall be permitted to vote during the work day in any nat onal, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify,the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the -Toov i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 8 supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. j For the purpose.of this Article, a holiday for continuous shift employees begins at 7:00 A.M. 'on 'the day of thq holiday and continues for a period of f twenty-four (24) hours thereafter. 4 Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon resignation or retirement, the City shall pay for one-half (1/2) of i the accumulated sick leave on the basis of the employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon resignation or retirement. Section 2. Use of Sick Leave. i a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I. i I . 8 supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. j For the purpose.of this Article, a holiday for continuous shift employees begins at 7:00 A.M. 'on 'the day of thq holiday and continues for a period of f twenty-four (24) hours thereafter. 4 Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon resignation or retirement, the City shall pay for one-half (1/2) of i the accumulated sick leave on the basis of the employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon resignation or retirement. Section 2. Use of Sick Leave. i a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 9 n b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. A permanent employee is entitled to an additional twelve (12) hours of sick leave for each six (6) months of continuous employment without use of sick leave. For purposes of this Section, continuous employment includes paid leaves and excludes leave without pay or disability leave. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service 0-5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years more than 20 years Hours Per Month 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours (11 shifts/yr) Hours Per Year 144 192 216 240 264 The maximum number of hours eligible for carry over after July 1 of any year shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) MICROFILMED BY DORM MIC R+LAB CEDAR RAPIDS • DES MOINES 10 Between January 1 and May 15 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following In order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3.moment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment or not more that two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the All -Purpose Room for i union meetings for three 3 hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend. Section 2. Documents. Documents belonging to the Union may be stored at the Central station n the same manner in which they are currently stored. i Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. _Neeotiati�ons. In the event that the parties to this contract determine that future— negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 430 ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap Spring/Fall jacket Blouse Belt Necktie Fire Fighting helmet 3 summer shirts Turn out coat 3 winter shirts Bunker pants 3 dress pants Day boots Work gloves and mitts Night•boots Winter coat 1 pspir work shoes 3 work pants Department patches/badges i Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specifications as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will reimburse the employees a maximum of $50.00 annually toward cost of cleaning uniforms which require dry cleaning. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. E.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a I 1 i I � I ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap Spring/Fall jacket Blouse Belt Necktie Fire Fighting helmet 3 summer shirts Turn out coat 3 winter shirts Bunker pants 3 dress pants Day boots Work gloves and mitts Night•boots Winter coat 1 pspir work shoes 3 work pants Department patches/badges i Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specifications as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will reimburse the employees a maximum of $50.00 annually toward cost of cleaning uniforms which require dry cleaning. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. E.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a 12 c ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the. Union agree to support and administer the Apprentice Program (Department of Labor) currently. in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to Post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, Performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations i Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employees file once per year on or about July 1. Materials removed will be placed in an inactive file. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. IICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES y3o 13 ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of disc Aline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the 1977 Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice'of the fasts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning 2. Written reprimand or warning 3. Loss of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make— r tten application to the Fire Chief, The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the member, and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. 'Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 14 1 satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The..City and the Union recognize the importance of the personal safety of individual employees* on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities, Section in rovided to employees who engageiodnc hazardous work afeEmploy esty matterswillwill havep access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4.Safety Committee A safety committee composed of representatives of the and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: a. Conducting safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this i Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. y2^ MICROFILMED BY JORM MICR+LAB j', CEDAR RAPIDS • DES MOINES 15,' Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this Contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However,: if, the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant -by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the Grievance is not resolved by Step 2, the Grievant may, within seven (7) calendar days following completion of Step 2, present 'i three (3) written copies of the grievance as follows: 1 a, one (1) copy to the Grievance Committee b. one (1) copy to the Union C. one (1) copy to the City The written grievance shall contain a statement from the Grievant of the specific circumstances leading to the grievance and section(s) of this agreement grieved and will specify the relief or remedy desired. It shall be signed by the Grievant. The Grievance Committee will within seven (7) calendar days following receipt of grievance meet to act upon the y3� MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES 16 grievance. The Grievance Committee will within seven (7) calendar days after meeting adjust the grievance or reject the grievance in writing. The Grievance Committee will deliver their written decision as follows: a. one (1) copy to the Grievant b. one (1) copy to the Union C. one (1) copy to the City In the event that no decision is received from the Grievance Committee within fourteen (14) calendar days after receipt of the grievance, the grievant shall proceed to arbitration. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be 'submitted to a third party for arbitration. A 1 request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the Grievance Committee report at Step 3. Copies of any such request by an employee will be furnished to the City and the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Iowa Public Employment Relations Board to provide a panel of five (5) propective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. ! The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by, the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. MICRDFILMED aY JORM MIC R�LAEI CEDAR RAPIDS • DES MOINES v !"1 The function of the Grievance Committee will be as follows: a. To resolve grievances as provided in Step 3. b. To meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this Contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union 'agree they will not act to discriminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. Section 3.Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $5.00 per month for members of the bargaining unit during the life of this Contract. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Suver. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of thisContract shall be conducted by authorized representatives of the Union, �vprBpcPRatfoefe�BIWtieiSi��]] fieddhecwePjh019 parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties.. This Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS - DES MOINES y,3p ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, i Section or portion thereof declared null and void in the decision and the Iremainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City ' they shall give notice.to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1980, and June 30, 1981, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extention thereof. ARTICLE XXVII WAGES Section 1. Beginning July 1, 1980, the base pay of each step for the Iowa City Fire Department Fire Fighters, Lieutenants and Captains will be increased by a total of eleven (11) percent (two (2) percent allocated to buy-out of 1979- 80 cost of living potential liability and nine (9) percent allocated to general salary increase for 1980-81). ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two (2) percent of an employee's base salary for " the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1980. i C. Cost of living computations will be made quarterly to determine the percent difference between the CPI-W for the base index month (May, 1980) and for August, 1980-November, 19°O-February, 1981-May, 1981. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it y� MICROFILMED BY J ORM MIC R+LAB CEDAR RAPIDS • DES MOINES 1 19 is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two (2) percent of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made For the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, compensation of this Agreement. Section 2. Longevity Pay. 8 payment will be made to permanent full time employees as of December 1, 1980, to reflect years of service with the City according to the following schedule: Length of Service on December 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275.00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. In addition, a payment of $400 will be made to each permanent full time bargaining unit employee as of December 1, 1980. In the event that an employee terminates for any reason after December 1, 1980, Ire/she will reimburse the City front this payment on a prorated basis (monthly segments). For example, an employee who retires an January 1, 1981, will return $200 of the December 1 payment. CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL r / FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY- ` . MAYOR —9'Qr.raero �oaa4 foto BY: �.. K9G:w BY: cbiJNSEL s<C�cEw� "c-4 (4 140 ATTEST: ,,(L Lr- t CITY CLERK DATE: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES FROM THE DESK OF DALE HELLING Dare: To: MICROFILMED BY - JORM MICR+LAB CEDAR RAPIDS • DES MOINES H --IN RESOLUTION NO. RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1980, THROUGH JUNE 30, 1981, AND AN AGREEMENT AMENDING THE COST OF LIVING ALLOWANCE OF THE 1979-80 COLLECTIVE BARGAINING AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1980 through June 30, 1981, a copy of which Agreement is attached to this Resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the City and the Union, through their designated bargaining representatives, have negotiated an agreement amending the cost of living allowance of the current collective bargaining agreement in effect between the parties as a part of the negotiated settlement, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1: The above -referenced agreements between the City and the Union are hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the agreements. It was moved by and seconded by that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this _day of ATTEST: CITY CLERK Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera (MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MAYOR , 1980. By 7110 lxgil: "l, y3/ ; I AGREEMENT The City of Iowa City, Iowa (Employer) and the Iowa City Association of Professional Fire Fighters IAFF, AFL-CIO, Local #610 (Union) mutually agree to amend the terms of Article XXVIII (Other Compensation) of their 1979-80 collective bargaining agreement in the following manner: 1. The 1979-80 cost of living adjustment provisions of Section 1 [(a) through (f)] of Article XXVIII shall not be complied with and shall be null and void in their entirety. 2. The Employer shall provide a cost of living adjustment to bargaining unit personnel represented by the Union as follows: a. Two weeks after both the Union and the City execute the 1980-81 collective bargaining agreement, employees shall receive a one-time cash payment equal to 2% (two percent) of their then current annual base salary. This payment shall not be included in computing any employee's future salary levels. b. Effective July 1, 1980, employees shall receive an upward adjustment in their annual base salaries of 2% (two percent). This percent amount shall first be added to the percent amount negotiated by the parties for the 1980-81 salary increase (9%); the sum of which (11%) shall be used to determine the 1980-81 base salary amounts. The parties agree to waive any and all claims to any payment which may be raised in any forum concerning Article XXVIII Section 1 (a) through (f) of their 1979-80 collective bargaining agreement in exchange for the provisions of this agreement. FOR THE EMPLOYER: FOR THE UNION: DATE COUNSEL MICROFILMED BY JORM MICR+LAB i CEDAR RAPIDS - DES MOINES DATE COUNSEL I y3/ CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 r 3� 1 JULY 1, 1980 TO JUNE 30, 1981 a y3/ � MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS •DES MOINES i� r i. i y3/ � MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS •DES MOINES i� r TABLE OF CONTENTS ARTICLE Preamble . . . . . . . . . . . . . . . . . . . . . . . . . Article I -- Recognition . . . . . . . . . . . . . . . Article II -- Management Rights . . . . . . . . . . . . . Article III - No Strike - No Lockout . . . . . . . . . . . Article IV -- Dues Check Off . . . . . . . . . . . . . . . Article V -- Hours of Work . . . . . . . . . . . . . . . . Article VI -- Overtime . . . . . . . . . . . . . . . . . . Article VII -- Special Leave . . . . . . . . . . . . Article VIII -- Holidays . . . . . . . . . . . . . . . . Article IX -- Sick Leave . . . . . . . . . . . . . . . . . Article X -- Vacations . . . . . . . . . . . . . . . Article XI -- Union Activities . . . . . . . . . . . . Aritcle XII -- Uniforms and Equipment . . . . . . . . . . Article XIII -- Insurance . . . . . . . . . . . Article XIV -- Duty Outside the City . . . . . . . . . Article XV -- Training Programs . . . . . . . . . . . . Article XVI -- Bulletin Boards . . . . . . . . . . . . Article XVII -- Personnel Transactions . . . . . . . . . . Article XVIII -- Discipline. . . . . . . . . . . . . Article XIX -- Transfer Procedures . . . . . . . . . . Article XX -- Supplemental Employment . . . . . . . . . . Article XXI -- Safety . . . . . . . . . . . . . . . . Article XXII -- Grievance Procedure . . . . . . . . . . . Article XXIII -- General Conditions . . . . . . . . . . . Article XXIV -- Waiver . . . . . . . . . . . . . . . . . . Article XXV -- Savings Clause . . . . . . . . . . . . . . Article XXVI -- Duration . . . . . . . . . . . . . . . . . Article XXVII -- Wages . . . . . . . . . . . . . . . Article XXVIII -- Other Compensation . . . . . . . . . . . MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES PAGE 1 2 2 3 3 3 4 5 7 8 9 10 10 11 11 11 12 12 12 13 13 13 14 16 17 17 18 18 18 I I 1 TABLE OF CONTENTS ARTICLE Preamble . . . . . . . . . . . . . . . . . . . . . . . . . Article I -- Recognition . . . . . . . . . . . . . . . Article II -- Management Rights . . . . . . . . . . . . . Article III - No Strike - No Lockout . . . . . . . . . . . Article IV -- Dues Check Off . . . . . . . . . . . . . . . Article V -- Hours of Work . . . . . . . . . . . . . . . . Article VI -- Overtime . . . . . . . . . . . . . . . . . . Article VII -- Special Leave . . . . . . . . . . . . Article VIII -- Holidays . . . . . . . . . . . . . . . . Article IX -- Sick Leave . . . . . . . . . . . . . . . . . Article X -- Vacations . . . . . . . . . . . . . . . Article XI -- Union Activities . . . . . . . . . . . . Aritcle XII -- Uniforms and Equipment . . . . . . . . . . Article XIII -- Insurance . . . . . . . . . . . Article XIV -- Duty Outside the City . . . . . . . . . Article XV -- Training Programs . . . . . . . . . . . . Article XVI -- Bulletin Boards . . . . . . . . . . . . Article XVII -- Personnel Transactions . . . . . . . . . . Article XVIII -- Discipline. . . . . . . . . . . . . Article XIX -- Transfer Procedures . . . . . . . . . . Article XX -- Supplemental Employment . . . . . . . . . . Article XXI -- Safety . . . . . . . . . . . . . . . . Article XXII -- Grievance Procedure . . . . . . . . . . . Article XXIII -- General Conditions . . . . . . . . . . . Article XXIV -- Waiver . . . . . . . . . . . . . . . . . . Article XXV -- Savings Clause . . . . . . . . . . . . . . Article XXVI -- Duration . . . . . . . . . . . . . . . . . Article XXVII -- Wages . . . . . . . . . . . . . . . Article XXVIII -- Other Compensation . . . . . . . . . . . MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES PAGE 1 2 2 3 3 3 4 5 7 8 9 10 10 11 11 11 12 12 12 13 13 13 14 16 17 17 18 18 18 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES l i;. i M t .F t , 1 f i PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES y 31 l i;. i y 31 M F 1 2 ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other t administrative variations of the present department organization. !' The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose Of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers; and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: • a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, Performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, ons are to beuiment, ad assignment of conductedninclud g but notrlimitedesonnelbtowthehichright p oits r contract and subcontract work. i i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES y3� 3 ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes ar 5ng out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section l.The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty- four (24) hour shifts, except such members as assigned to other special shifts MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 4 y31 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2.Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battalion i; Chiefs of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. b. The Fire Chief and Battalion Chief will approve or deny the request, Ybut permission to trade will not be denied without reason. o� C. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place within the fiscal year, upon termination, or by such time as required by the law, whichever comes - first. H d. The substitution may not impose any additional costs on the Employer, and in the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. e Section 4.Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5.Payoutside of classification. If an acting temporary u appointment out of rank is made in writing by the Fire Chief for a period which exceeds 20 calendar days, the employee so appointed will be paid at the beginning pay rate, or beginning rate plus one step, when necessary to increase the salary in the acting appointment, of the rank in which he/she is acting on the first full shift on the 20th day. Such adjustments will be retroactive to the original date of appointment should the appointment go beyond 20 days. In i making such appointments, the Fire Chief will look first to persons from the 4 shift who are on the promotional list with the highest standing. If a person's name from the effected shift does not appear on the promotional list, the Fire Chief will then go to the most senior person on the shift. fe /y` Hiro 4 Section 6. Excused Tardiness. Employees shall be allowed two (2) penalty - / free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. / ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is ` required to work at the end of twenty-four (24) hour shift or who is called back ` to work for fire department activities. Prior authorization from the Officer in y31 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES -� 5 charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary in the following circumstances only: a. Where overtime assignments are made over 72 (seventy-two) hours in advance; b. The right to refuse an overtime assignment shall be limited to the first 3 (three) employees asked; thereafter overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1�) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1's) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2 1/2) hours. If the emergency call-in takes more than two and one-half (2 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., If a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 6 !`1 b. the City's medical advisor determines that time off work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to F sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using sick leave for on-the-job injury, the City will return to the employee such sick y leave. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or immediate supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; C. must pay premium for coverage under the group life insurance plan if coverage is desired; d. shall not receive any other accruals or job benefits during the period of absence; e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 7 The Fire Chief may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire supression activities. In the event that the employee is not excused the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. VotingTime. An employee shall be permitted to vote during the work day in any naional, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section B. P�reynancyLea�ve. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES y31 _ 8 supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion •'� Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees �{ begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. ' Section 4. Part-time employees will receive holiday pay on a pro rata basis Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon resignation or retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon resignation or retirement. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for f doctor's appointments or other health maintenance needs. i i MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 b• In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother tfather, mother-in-law, father-in-law, brother, sister, or, heniimmediate householdas s Ofnthetemrloeeetuives t or members of forty-eight (48) hours per occurrenceY P to a maximum of Section 3. Notifications soon as reasonably'— An employee shall notify his/her supervisor as y possible of any sickness or illness which will cause him/her ti to miss work and, unless such notification is given within one the beginning of the work da ) hour after Wil l be charged to other accumulated leave or to leave of absencelwithout pay. y, the absence will not be charged to sick leave, but Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her s supervisor before leaving the area. required duties as a result of illnessAmustPleave the work ee who is narea and charge the time to sick leave or other accumulated leave le to Perform any or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section5. A permanent employee is entitled to an additional twelve (12) Of hours Of lea k e Forf or each s x (6) months o continuous employment without use Paid leaves and excludes leave without pay or disability leave.Ployment includes ARTICLE X VACS Section 1. Accumulation Vacations according tothe ung schedule: Length of Service 0-5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years more than 20 years shall be earned and accumulated by Hours_ Per r= 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours (11 shifts/yr) HoursPer year 144 192 216 240 264 hours eligible The maximum number of for carry over after Jul year shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis y 1 of any subject to the Fire Chief's provided reasonable notice is approval which shall not be withheld without reason.iven in advance d Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a periodof six (6) continuous months. completion of proobation.) (This may occur prior to the 141CROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ' 1 10 1 141CROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 May 15 each battalion will schedule vacations using Between January and the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. 4 Employees will indicate their first choice in the order of seniority within has expressed a first choice, k the department. When the least senior person indicate a second choice, with others following the most senior person may in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will Battalion Chief and the Union G be considered to have forfeited a turn. The for choice of vacations. ' representative will monitor the procedure Y Section 3. Payment of Accumulation. Upon resignation or retirement after is eligible for payment or not six (6) months of continuous service, an employee (288) hours of accumulated vacation leave a more that two hundred eighty-eight f the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings• The Union may se the All -Purpose Room for often than once per month. union meetings for three (3) hours not more the Battalion Chief's permission and such Employees on duty may attend with for fire calls. Such meetings will be held at times in employees must be available do interfere with Fire Department activities. No one on duty when they not outlying stations may attend. Section 2. Documents. Documents belonging to the Union may be stored at stored. the Central station in the same manner in which they are currently Section 3. State Convention. Two bargaining unit members from different meeting of Iowa shifts may have up to two shifts off duty to attend the annual Professional Fire Fighters Convention. The Union i State Association of to-the designate in writing who will attend the convention ten (10) days prior under this Section date of the convention. Al 1. arrangements for taking time off i will be cleared with the Chief. 4 Section 4. State Officers. State Officers shall be given up to two 2 the Iowa Association of shifts off duty to attend the annual meeting of Convention. The Union shall provide a qualified Professional Firefighters to by the Chief, to work for the State Officer. The City replacement, agreed held liable for payment of wages or time off due to the replacement. shall not be Section 5. Negotiations. In the event that the parties to this contract more than one (1) member determine that future negotiations are appropriate, not while on duty without loss of of the bargaining unit may attend the negotiations for emergency calls during the compensation. The member will remain available i i I negotiation period. 141CROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap Spring/Fall jacket Blouse Belt Necktie Fire Fighting helmet 3 summer shirts Turn out coat 3 winter shirts Bunker pants 3 dress pants Day boots Work gloves and mitts Night boots Winter coat 1 pair work shoes 3 work pants Department patches/badges Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specifications as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will reimburse the employees a maximum of $50.00 annually toward cost of cleaning uniforms which require dry cleaning. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. E.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES X31 V I 12 ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is .of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the Union agree to support and administer the Apprentice Program (Department of Labor) currently in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Materials removed will be placed in an inactive file. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 931 1, f 13 ARTICLE XVIII DISCIPLINE a Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the u parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the 1977 Code of Iowa. Disciplinary actions against employees will be taken for just Employees F cause. shall elect to pursue appeals of disciplinary h the tAgreement. Civil Service Commission or through the grievace procedure in this The City agrees to impose discipline no later than thirty days from the date it has clear notice of the facts constituting an infraction. ion t. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning 2. Written reprimand or warning 3. Loss of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge n Section 3. Serious violations may be dealt with by any of the above disciplinary measures the on first or subsequent offenses. I ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the member, and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours the of employee or with the .............. Ufa MICROFILMED BY JORM MICR#LA6 CEDAR RAPIDS • DES MOINES H h 14 satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Safety Committee. A safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: a. Conducting safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring. of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward -results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any d spute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. X31 MICROFILMED BY JORM MICR+LAE3 CEDAR RAPIDS • DES MOINES i 15 Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this Contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other options) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step I. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative + within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant 'shall proceed to Step 3. Step 3. If the Grievance is not resolved by Step 2, the Grievant may, within seven (7) calendar days following completion of Step 2, present three (3) written copies of the grievance as follows: a. one (1) copy to the Grievance Committee b. one (1) copy to the Union C. one (1) copy to the City The written grievance shall contain a statement from the Grievant of the specific circumstances leading to the grievance and section(s) of this agreement grieved and will specify the relief or remedy desired. It shall be signed by the Grievant. The Grievance Committee will within seven (7) calendar days following receipt of grievance meet to act upon the 4/31 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 16 grievance. The Grievance Committee will within seven (7) calendar days after meeting adjust the grievance or reject the grievance in writing. The Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. 70 M=DES JOR CEDAR Grievance Committee will deliver their written decision as follows: a. one (1) copy to the Grievant b. one (1) copy to the Union C. one (1) copy to the City In the event that no decision is received from the Grievance Committee !' within fourteen (14) calendar days after receipt of the grievance, the grievant shall proceed to arbitration. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within F seven (7) calendar days following receipt of the Grievance Committee report at Step 3. Copies of any such request by an employee will be furnished to the City 6 and the Union. y The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Iowa Public Employment Relations Board to provide a panel of five (5) propective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the 7 terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to ( the public and evidence' taken shall not be revealed to any third party until E such time as the decision of the arbitrator is made unless parties agree t otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. 70 M=DES JOR CEDAR r-. 17 The function of the Grievance Committee will be as follows: a. To resolve grievances as provided in Step 3. b. To meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this Contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. Section 3.Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $5.00 per month for members of the bargaining unit during the life of this Contract. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. This Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES y3l r. 18 ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the i remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. i If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI j DURATION 58� 19 This Contract shall be in effect betwee Jul 1, a9Z9 and June 30, -1-988- and shall continue from year to year thereafter unless written no Ice o c ange -..-- " or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extention thereof. ARTICLE XXVII WAGES Section 1. Beginning July 1, 1980, the base pay of each step for the Iowa City Fire Department Fire Fighters, Lieutenants and Captains will be increased by a total of eleven (11) percent (two (2) percent allocated to buy-out of 1979- 80 cost of living potential liability and nine (9) percent allocated to general salary increase for 1980-81). ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two (2) percent of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer _ Price Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1980. C. Cost of living computations will be made quarterly to determine the 1 percent difference between the CPI-W for the base index month (May, 1980) and for August, 1980-November, 1980-February, 1981-May, 1981. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 19 is determined that the cost of living has Increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two (2) percent of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. ry rp Section 2. A payment will be made to permanent full time employees as o December 1, 19 9 to reflect years of service with the City according to the o wing sc e u e: Length of Service on December 1 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275.00 I 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. In addition, a payment of $400 will be made to each permanent full time bargaining unit employee as of December 1, 1980. In the event that an employee terminates for any reason after December 1, 1980, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an 1 employee who retires on January 1, 1981, will return 4160- of the December 1 payment. 020 0 CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY: BY: i i BY: BY: ATTEST: CITY CLERK DATE: MICROFILMED BY JORM MICR+LAB t CEDAR RAPIDS • DES MOINES