HomeMy WebLinkAbout1976-01-06 ResolutionResolution Approving Final Subdivision Plat for
Village Green V
RESOLUTION
No. 76_5
WHEREAS, the owner and proprietor, Iowa City Development Company,
has filed with the City Clerk the plat and subdivision of the following described
premises located in Johnson County, Iowa, to -wit:
Commencing at the center of Section 13, T79N,
R6W of the 5th P. M. thence South 33, 0 feet on
the West line of the SE- of said Section 13; thence
East along the South R. 0. W. line of Muscatine
Avenue (American Legion Road) 401.4 feet to an
iron rail marking said R. 0. W,; thence N 89° 36' E,
972.0 feet (along said R.O,'W. being established by
iron rails); thence Southerwesterly along a curve
whose tangent bears S 3° 03'W and is concave
Westerly with a radius of 740. 0 feet a distance of
158.6 feet to a point of reverse curvature; thence
Southerly along* a curve concave Easterly with a
radius of 660. 0 feet a distance of 342.15 feet; thence
S 13° 56' E, 22.5 feet; thence S 7° 04'E
60. 0 feet;
t hence Southwesterly 213. 47 feet on a 2070. 00 foot
radius curve concave Southeasterly with a chord
bearing of S,80° 12'02" W and distance of 213.37 feet
to the point of beginning; thence S63° 28' 34"E, 172,37
feet; thence S 0° 46' 30" W, 345.00 feet; thence S 49-
161 00'' Wy' 130. 00 feet; thence S 790 24' 30++ W 130. 00
feet; thence N 40 47' 00" W, 515. 00 feet; thence
Northeasterly 437. 26 feet on a 2070. 00 foot radius
curve concave Southeasterly, having a chord bearing of
N_71 1 1' 26" E and a chord length of 436. 44 feet to the
Point of beginning. Said tract containing 4.46 acres.
WHEREAS, said property is owned by the above named corporation and
the dedication has been made with the free consent and in accordance with the
desire of t he proprietor.
WHEREAS, said plat and subdivision is found to conform with Chapter
409 of the 1975 Code of Iowa and all other statutory requirements.
WHEREAS, said plat and subdivision was examined by thezoningand
planning commission which recommended that said plat and subdivision be
accepted and approved.
NOW, THEREFORE BE IT RESOLVED by the City Council of Iowa
City, Iowa, that said plat and subdivision located on the above described property
be, and the same is hereby approved, and the dedication of the streets and parks
as by law provided is hereby accepted,
I
STATE OF IOWA )
ss.
COUNTY OF JOHNSON )
On this 5 day ofip-e7uyt,%_1975, before ane, the undersigned,
a Notary Public in and -for said County, in said State, personally appeared
George Nagle and Richard L. McCreedy, to me personally known,- who,
being by me duly sworn, did say that they are the President and Secretary
respectively, of said corporation executing the within and foregoing instrument
to which this is attached, that the seal affixed thereto is the seal of said
corporation; that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and that the said George
Nagle and Richard L. McCreedy as such officers acknowled ed the execution
of said instrument to be the voluntary act andel aeed of sadorporation, by it
and by them voluntarily executed. _
Notaryublic in and for said State
and County
STATE OF IOWA )
ss.
COUNTY OF JOHNSON )
On this �� �G.1.
day of l 1�ti 1976, before me, the undersigned,
a Notary Public in and for said Count
y, in said State, p�/ersonal/l�y-appeared )
%�LUhc: r�. and n=:A Vic c�t�J
City Cleilk and Mayor respectively of said corporation executing thef-within and r
foregoing instrument; that the seal affixed thereto is the seal of said corporation
by authority of its City Council; and that the said City Clerk and Mayor acknowledged
the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for said State and
County.
• WCE(VED JAN aL1976
hnson county'
1 regional planning commission
®=d dePOSSO
!owa 52240 (319)351-8556 ro::ert hngerbe,9 ,221/2 south tlubuqu^ street, Iowa cdy, ,
December 31, 1975
Iowa City Mayor and Members of the
City Council
Civic Center
Iowa City, Iowa 52240
RE: -Appointment of New Representatives to the Regional Planning-
Commission
Dear Mayor and Members of the Council:
According to the adopted Article VI of the Articles of Agreement_
(Attachment),
.Iowa City holds nine positions on the Johnson County
Regional Planning Commission.
As of January 1976, appointments from Iowa City need to be made to
fill five representative positions. The Articles ,of Agreement state
that a member governmentmust have at least one and--no-more than
75% of its representatives designated an elected official(s) or
person(s) directly responsible ;to elected officials. For Iowa City,
therefore, no more than six of :its Aine;representatives may be
designated elected/responsible' to elected officialPersons pre.:-
viously serving as representatives may be reappointed aslongas
lected-to-citizen is maintained.
the 750 or less formula of e
Please forward the five appointed representatives' names, addresses,
and designation (citizen/elected or responsible to elected) to the
Commission office. Thank you for your assistance._
Sincerely,
Barry Hokanson
Acting Director
ATTACHMENTS: Article VI, ARTICLES OF AGREEMENT
Representation Chart
1 „
RESOLUTION NO. 76-4
-- RESOLUTION AUTHORIZING EXECUTION: OF MASTER SECTION 8 ANNUAL
CONTRIBUTIONS CONTRACT, THIRD AMENDATORY TO ANNUAL CONTRIBU-
.TIONS CONTRACT FOR SECTION 23 LEASING OF PRIVATE ACCOMMODA-
TIONS, ANDGENERALDEPOSITARY-AGREEMENT. -
WHEREAS, the Council of the City of Iowa:City;Towa, (herein called the +
"Local Authority") Proposes (1) to enter into:.a contract (herein Called the
"Master Section 8 Annual Contributions Contract") with the United States=of-
America,.(herein_ called _the ---"Government"); (2) -. amend annual contributio
'contract #C-765, Project #IA -22-1; and (3) to ns
enter into an agreement (herein
called the "General Depositary Agreement") with the Hawkeye State .Bank of
Iowa City, -Iowa, (which is'amember of. the Federal Deposit .insurance -corporation _
and is herein called the "Bank"); all with respect
-to any "Project"i as defined
in the Master Section 8 Annual Contributions Contract and which at any time now
or hereafter is incorporated under the terms of such Contract,
BE IT RESOLVED BY THE LOCAL AUTHORITY, AS. FOLLOWS:
---SecL-ion 1..' The ::Master Section 8-- Annual Contributions Contract in substantially
the -form of contract hereto attached and marked "Exhibit A' is hereby approved and
accepted both as to form and substance and the -Mayor isherebyauthorized'and
directed to execute said Contract in two copies onbehalfof the Local Authority,
and the City .Clerk .is hereby authorized anddirected..to impress and -attest -the
Official seal of the:LocalAuthority..on eachsuch counterpart: and to forward said
executed counterparts, or any of them, to the Government together with such -other
documents evidencing the approval and authorizing the execuas may be
required by the Government. tionthereof
Section 2. The Third Amendatory to Annual Contributi
23 Leasing of Private,Accommodations in substantially ons _Contract for Section
the form of contract hereto
attached and marked "Exhibit B" is ,hereby approved and accepted both as to -form
and substance and the Mayor is hereby authorized and directed_to-execute said
Contract in two copies on behalf Of the Local Authority, and` -the City Clerk 1s__
.
hereby authorized and directed to impress and attest the official seal of the
Local Authority on each such counterpart and to forward said executed counterparts
or any of them, to the`Government together with such other documents evidencing
the approval and authorizing the execution thereof as may be required by the.
Government. - - -
Section 3. A General Depositary Agreement, a copy of which is attached to this..
Resolution as Exhibit C and by this reference -made apart hereof, has bached-to thi
and is Presently in effect with the Bank.
ed
Section 4. Whenever the following terms, or any of them,.: are used in this
Resolution, the same, unless .the context shall indicate another or-different_mean-
ing or intent, shall be construed, and are intended to have meanings as follows:
_(1) The term "Resolution" shall mean this.. Resolution.,
(2) All other terms used in the Resolution and which are defined in
the Master Section 8. Annual Contributions Contract shall have `
the respective meanings ascribed thereto in the Master Section .8 ,
Annual Contributions Contract.
Section 5. This Resolution shall take effect immediately upon publication.
It was moved by
that the Resolution Perret
as reted and aPr
and seconded by
ad be ado deosse
- --- - adopted, upon roll there we
er
AYES: NAYS: ABSENT:Ra lmer
- -
X
X - deProsse _ -
X Foster -
,X
Neultauser
_
X Perret
X Selzer
Vevera
Passed .and approved this 6th day of January
197 6
-
-
ATTESTp_ , i MAYO
J;
THUD-52520B •
' Pap,e 2 of `-3 Pages
1.4 Annual Contributions:
(a) Notwithstanding any other provisions of this ACC (other than paragraph (c)
of this Section) or any provisions of any other contract between the Government and the.
PHA, the Government shall not be obligated_ to make any Annual Contribution or`,'wkj,other
< payment with respect to any Fiscal Year in excess of $ 283.404. per year for
all Project Expenditures in respect to the Project;,Provided, however,, that this amount shall
be reduced commensurately with any reduction in'the `number of units or 'changes in unit•
size under any provision of this ACC.
(b) Subject to the maximum dollar limitation in paragraph (a) of this Section,
the Government shall pay for each Fiscal Year an Annual Contribution to the PHA in respect
to the Project in an amount equal to the sum of the following (subject to reduction .by .the
amount of;,any<Project Receipts other than Annual Contributions, which Receipts, shall be
available for ProjectExpenditures):
(1) The amount of housing assistance payments payable during the Fiscal
Year (See Section 1.5) by the PHA pursuant to the Contract, as authorized in Section 3.2.
(2) The allowance, in the amount approved by the Government, for preliminary
costs of administration:
(3) The allowance, in the amount approved by the Government, for regular
costs of Administration, including costs of Government -required audits' -of Owners and -.the PHA'.
(c) (1) A project account will be established and maintained by the Government,
as ,a specifically identified and segregated.account, in an amount as determined by the
Government consistent with its responsibilities under section 8 (c) (6) of the Act.,Jo the
extent funds are available in said account, the Annual Contribution' for any.Fiscal`Year
may exceed the maximum amount stated in paragraph (a -):of this'Section by such amount,-.
if any, as mayd
be required increases reflected in the estimates of required Annual
Contribution' applicable to such Fiscal Year: as approved by the: Government in accordance
with Section 2.11, below.
(2) The Government will take such additional steps authorized by section
8 (c) (6) of the Act as may be necessary to assure availability of funds to cover increases
in housing assistance payments on a timely -basis as a'`result.of increases in Contract
Rents or decreases in Family Incomes.
(d) The Government will make periodic payments on account of each Annual Contribution:
upon requisition therefor by the PHA in the form prescribed by the Government: Each
requisition shall include certifications by the PHA that housing assistance payments':have
been or will be 'made only:
(1) In accordance with the provisions of the Contracts.
(2) With respect to units which the PHA has inspected or caused to be':
inspected,_ pursuant to Section 2.4 of Part II of this'ACC, within one -(1) year prior'to
the making of such housing assistance payments.
(e) Following the end. of each Fiscal Year, the PRA shall promptly pay to the
Government, unless other disposition is approved by the Government, the amount, if any
by which the total amount of the periodic payments during the Fiscal Year exceeds -the
total -amount of :the Annual Contribution payable for such Fiscal Year in accordance
with this -Section.''
1.5 Fiscal Year. The Fiscal Year for the Project shall be the Fiscal Year
establishedbySection 0.3 of this ACC; Provided,however, that the first Fiscal.Year
for the Project shall be the period beginning with the effective date of this ACC Part
I and ending on the last day of said established Fiscal Year; which is not less than 12
months after such effective date. If the first Fiscal Year, exceeds 12 months, the maximum
Annual Contribution in Section 1.4 (a) may be adjusted by the addition of the pro rata
amount applicable to the, period of operation.in excess'. of 12 months.
1.6 Periodic Adjustment of Contract Rents. Each Contract may provide for periodic,
adjustments in the Contract Rents chargeable by.the 0 -,,Mer and commensurate increases in
amounts of housing assistance payments in accordance with applicable Government
regulations.
MASTER SECTION
8 W.WAL CONTRIBUTIONS
CONTRACT'
ATTACHMENT A
ACC Contract
Number Date
ACC List Number
Date Project Type
KC -9033
KC -76-048
Existing.
HUD4182o d
.Page 1'of 10. Pages •
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELORAENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
Terms and Conditions Constituting Part II of an
Annual Contributions Contract Between
PHA and the United States of America 2
NEW CONSTRUCTION,.SUBSTANTIAL REHABILITATION, EXISTING HOUSING
Master Section 8 ACC Number- RC -9033
2.1 DEFINITIONS
(a) "Families" means Lower -Income Families (including "Very Low -Income Families")
and includes Families consisting of a single, person in the case of'Elderly'-Families
and Displaced Families-' and includes the remaining member of,a =tenant family.
(b) "Elderly Families" means Families whose heads (or their spouses),"or whose sole
members are persons who are at least 62 years of age or are under a -disability
as defined in section 223 of the Social -Security Act or in'section'102 (5):of the
Developmental Disabilities Services and Facilities Construction Amendments'of 1470,.
or are handicapped. The term Elderly Families includes two or more elderly,
disabled,; or handicapped_individuals=living together or one or more _such`individuals
living together with another person who is determined under regulations of the
Secretary of Housing and Urban Development ("Secretary") to be a person essential
to their care or well being.
(c) "Displaced Families" means Families displaced by governmental action, or Families.
whose dwellings have been extensively damaged or destroyed as a result of a disaster
declared or otherwise formally-recognized'pursuant to Federal disaster relief lairs.
(d) "Lower -Income Families" means Families whose Incomes do not exceed -.80 per, cent of
the median Income for the area as determined `by the` Secretary' with adjustments
for smaller and larger families, except that the Secretary may establish Income
- limits high or lower than 80 percent of the median. for the area on:the basis of his
' findings that such variations are necessary because of prevailing levels of ,
construction costs, unusually high or low family Incomes, or, other factors.,
(e) "Very Low -Income Families" means Families whose Incomes do not exceed 50 percent of
r:
the median Income for -the area, as determined by the Secretary with adjustments
for smaller and larger families.
(f) "Income" means income for all sources of each member of the household, as determined
in accordance with criteria prescribed by. the Secretary. `
(g) "Owner" means the person or entity, including a cooperative, with which the Agreement
and Contract are entered into.
(h) "Rent" or "rental" mean, with respect to members of.a cooperative, the charges
under the occupancy agreements between such members and the cooperative.
(i) "Project Receipts" with respect to each Project means the Annual Contributions
- payable hereunder and all other receipts under this ACC, i£;,any,_aceruing_-
_to the..
PHA from, :out of, or in connection with such Project.
(j) "Project Expenditures" withrespectto each -Project 'means all costs allowable
underSection1.4 (b), Part I of this -ACC;: - with respect to: such project. -
(k) "Substantial Default" means the occurrence of any of the events listed in Section 2.'16.-
2.2. LOWER-INCO14 HOUSING USE; COMPLIANCE WITH ACT AND REGULATIONS.
The PHA shall use the Annual Contribution -solely for the.purpose=of providing Decent,
Safe, and Sanitary dwellings for Families -incompliance'5with all a applicable
_ pp :provisions
of the'Act"and all -regulations issued pursuant thereto.
HUD-52520 • •
Page 2 of 10 Pages
2.3. ELIGIBILITY AND AMOUNT OF HOUSING ASSISTANCE PAYMENTS.
(a) The PHA shall comply with the Income limits established by the Government, and -
with `the `requirements of the Governmentpursuant to section 8 (c) (7) of the
Act that at least 30 percent of the Families assisted in all its Projects under
its Master Section 8 ACC shall be Very Low-Income Families.
(b) The PHAshallcomply or assure compliance with the schedules and criteria estab-
lished by the Government with respect to the amounts of housing assistance payments
made on behalf of Families.
(c) The PHA shall make or cause to be made periodic re-examinations of the Income, com-
position, and extent of exceptional' medical or other unusual expenses of Families
for whom housing assistance payments are being made for the purpose of confirming
or adjusting-in accordance with the applicable:schedules`established-by the:''Govern--
ment,;the amount: of went payable by the Family and the amount of housing assistance
payment.
(d) The PHA 'shall determine, as part of its annual inspection and at such other times
as it deems appropriate, whether an adjustment is required in the-Allowance for
Utilities and Other Services applicable to the dwelling unit on grounds of.changes -_
_-of-general applicability. If the PHA determines that an..adjustment should be made,_;
the PHA shall prescribe the amount of the, adjustment and notify the Owner
accordingly, and the PHA shall cause the Owner to make a corresponding adjustment in
the amount of rent to be paid by the affected Family and the amount of housing
assistance payment.
- (e) Prior to the approval of eligibility of a Family by the PHA or the Owner, as, the
case may be, and thereafter on the date established for each reexamination-of-the
status of such Family,; the PHA or the Owner, as the ':case maybe, shall review or
cause tobereviewed a written application, signed by a responsible+member `of such
Family, which application shall set forth all data and information necessary for
a determination of the amount, if any,.of•housing;assistance`payment `which can
be made with respect to the Family.
2.4." INSPECTIONS.
(a) The PHA shall require as a condition for the making of housing assistance-payments,
that the Owner maintain the assisted dwelling units and related facilities in
Decent, Safe, and Sanitary condition.
(b) The PHA shall inspect or cause to be inspected dwelling units and related facilities
prior to commencement of occupancy by Families, andthereafter at,'least.annually,
ade uate.to assure that Decent Safe and Sanitary housing q , ry ng accomodations are being
provided and that the agreed-to.services are being furnished:
2.5. NONDISCRIMINATION IN HOUSING.
(a) The PHA shall comply vdth all requirements imposed by Title VI of the Civil,Rights
Act of 1964, Public Law 88-352, 78 Stat. 241; the regulations of the Department
of Housirg`and Urban Development issued thereunder,24 CFR,`-Subtitle A.-Part-1,-.-
Section
,'Part 1,Section 1.1. et seq.;'the requirements of said Department pursuant ;to sai&..regulatiom
and Executive Order 11063, to the end that) in accordance with that Act and;the
regulations and requirements' of said Department, thereunder,_; and said Executive
Order, no person.in the United States shall, on the ground of- race,`;color,."creed,
religion, or national 'origin, `be excluded from participation in,-or.be denied
the benefits of, the Housing Assistance Payments Program-:or be otherwise subjected
to discrimination. The PHA shall, by; contractual requirement, covenant,,or,other,
binding' commitment- assure the same compliance on the part of any_
subgrantee,
contractor, subcontractor, transferee, successor'in interest, or,`other:partici-
pant in the program or activity, such commitment to include the following clause:
"This provision is included pursuant to the regulations of the'Department of
Housing and Urban Development, 24 CFR,.Subtitle A,, Part 1, Section 1:1 et
seq.;-issued under Title VI of the said Civil Rights Act of'1964,,and-the
requirements of said Department pursuant to ,said regulations; and the; ob-
ligation of the (contractor or other) to comply therewith inures to the
.iiUD-5220 � • -
Page 3 o 10 Pages •
benefit of the United States, the said Department, and the PHA,. any of which
shall be entitled to invoke any remedies available by law to redress:'any.,
breach thereof or to compel compliance therewith by the (contractor a other).°
(b) The PHA shall incorporate or cause to be incorporated into all Housing. Assistance
Payments Contracts a provision requiring compliance with all requirements imposed
by Title VIII of the Civil Rights -Act -of 1968, and any rules and regulations issued
Pursuant thereto.
(c) The PHA shall not, on account of creed or sex, discriminate in the sale, leasing,
rental, or other disposition of housing or related' facilities (including -..land)
included in any Project or in the use or occupancy, thereof , nor,deny to airy Family
the opportunity to apply for such housing; nor deny ao az�y eligideny.. licant the
opportunity to lease or rent any dwelling in any such housing suitable to -its
needs. No person shall automatically be excluded from participation in or be denied `
the benefits of the Housing Assistance Payments Program because of ,'membership in-_-
- a class such as unmarried mothers, recipients of public assistance, etc.
2.6. EQUAL E2A'LOyW_NT OPPORTUNITY.
(a) The PHA shall not discriminate against any employee or applicant for employment
because of race, color, creed, religion, sex, or national origin. The
PHA shall take affirmative action to ensure that applicants are employed,'and that
employees are treated during employment, without regard to'race, color, creed,
religion, sex, or national origin. -Such action shall include, but_ -not be'limited:
to the following: 'employment, upgrading, demotion,.,or_transfer; ;recruitment or
recruitment advertising; layoff or'termination; rates of pay or 'other forms of
compensation; and selection for training,, including, apprenticeship'.
(b)'(1) The PHA shall incorporate or cause to be incorporated into ashy contract For
construction work, or modification thereof, as defined in the regulations'-of.the
Secretary of Labor at'41,CFR, Chapter 60, which is to be,performed-pursuant to
this contract, the following.Equal Opportunity clause:
"EQUAL EMPLOYMENT OPPORTUNITY
During the performance of ,this contract, the contractor agrees as` -follows:
(A) The contractor will not discriminate against any employee or applicant
for employment because of race, color,_ religion, creed,,,sex, or national
origin. The contractor will take affirmative` action to_ensure lthat ,applicants
are employed,'and-that employees are treated' during .employment,'without
regard to their race, color,_ religion, creed,_ -sex, or national°origin.- Such
action shall include, but notbe limited to, the following: employment;',upgrading,V
demotion, or transfer; recruitment or recruitment advertising;
*layoff or ter-
minationj rates of pay or other forms of -compensation and selection for
training, including apprenticeship. The contractor agrees to post in con-
spicuous places, available to employees and -applicants for employment, '
notices to be provided by -the PHA setting forth the provisions of this -Equal
Opportunity clause:
(B) The contractor will in all solicitations or, advertisements for employees
placed by ,or on behalf of, the contractor, statethata11--qualified'.applicants
will receive consideration for employment without regard. to race, color,
religion, creed, sex,;or national origin.
(C) The contractor will send to each labor union or representative of wrorkers
with which he has a.collective.bargaining ;agreement or,'other-contractior
understanding, a'notice to be provided by the PHA advising the.said_labor
union or workers' representative the contractor's commitments'undeIr this
Section, and shall post copies of the 'notice inconspicuous places available
to employees and applicants for employment.
(D):The contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of the rules, regulations, and 'relevant
orders of the Secretary of Labor.
I y "
HUD -52520C
Page 4 of 10 Pages
(E) The contractor will furnish all information and reports required.by
Executive Order No. 11246of September 24, 1965, and by rules,'regulations,
and orders of the Secretary ,of Labor; or pureuantrthereto,.and will permit
access to his books, records, -_and accounts by the Government and the Secretary
of Labor for purposes of investigation to ascertain compliance with such.
rules, regulations, and orders.
(F) In,the event of the contractor's noncompliance with the Equal Opportunity
clause of this contractor --with any of .the said rules regulations, or orders, ?
this contract may be cancelled, terminated, or.suspended inwhole or -in part';
and the contractor may be declared ineligible for further contracts=in accordant
with procedures- authorized in Executive Order _No. 11246 of September `24,`1965
and such: other sanctions may be imposed and remedies invoked as provided in -
Executive Order No. 11246 of September -24, 1965, or by rule, regulation, or :-
order of the Secretary of Labor or as otherwise provided by law.
(G) The contractor will include the portion of the sentence immediately.
preceding Paragraph (A) and the provisions of Paragraphs (A).through (G)
in every subcontract or purchase order unless exempted by ;the rules.,`regula-
tions, or
egula-tions,-or orders of the Secretary, of Labor issued pursuanttosection 204
of. Executive Order No. 11246 of September 24,`1965, so;that such provisions
- - will be binding upon each: subcontractor or vendor. The contractor will take
suclL action with -respect to -any subcontractor or'_purchase -order as :the ,
Government may direct as a means of enforcing <. such:provisions-including
sanctions for noncompliance;, Provided,'.hovrever, that -in the:event a contractor
becomes involved in, or is threatened with, -litigation with a subcontractor.
or vendor as a result of such direction by the Government,_ the contractor
may request the United States to enter'.into such litigation to protect the
interests of the United States."
(2) The PHA agrees that it will assist and cooperate actively with the Government
and the Secretary of Labor in obtaining the compliance of -contractors and sub-
contractors.with"-the Equal:, Opportunity clause and the rules,:regulationsand
2elevant'orders 'of the Secretary of Labor,'!that it will furnish -the Government
and-the°Secretary,of Labor, such -information as they may require for the-
- supervision of such compliance, and that it will otherwise assist the Government
in the discharge of the Government's primary responsibility -for, securing com-
pliance.
(3) The PHA further agrees that it will refrain from entering into arty contract-
or contract modification subject to Executive`0rder No. -11246 of: September 24,
1965, with a contractor debarred from, or who has not demonstrated eligibility for,,,
Governmentcontracts and Federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for :violation'
of the Equal Opportunity clause as may be imposed upon contractors and sub=
contractors `by`the Government of the Secretary ;of Labor pursuant to Part'II,
Subpart D- of the Executive Order.
2.7. TRAINING, EMPLMENT,`AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOwER'INCOME
PERSONS.
(a) The project assisted under this ACC is subject to the requirements of section '3.
of the Housing and Urban Development Act -of 1968, -as --amended, 12 U.S.C.,_1701u,:[;
Section 3`requires that to the greatest extent feasible` opportunities for.,training
and employment be given lower income residents of the Project area and contracts
for work in connection with the Project be awarded to business concerns which are
located in or owned in substantial part ,by persons residing in the area of she
Projects
I
(b) Notwithstanding any other provision of this ACC, the PHA shall carry out. -the
provisions of said section -3 and the regulations issued pursuant thereto by thee
Secretary set forth in 24 CFR, Part 135 (published in'38.Federal Register 29220,
October 23, 1973., and all applicable rules "and orders of thre
e Sectary.'issued',
thereunder prior to the execution of this `ACC.- The requirements of'.said regul-ations
include but are not, limited to development and implementation ofanaffirmative ,
action plan for utilizing business concerns located within or owned in sub-
stantial part by, persons residing in the area, -of the Projeat;'the making o£
a good faith effort, as defined 'by the regulations, tor -provide training;: employment,;
and business opportunities required by section 3; and incorporation of the."section
__
HA6-52520 C •
Page 5 of 1Q Pages
3 clause" specified by Section 135.20 (b) of the regulations in all contracts for
work in connection with the Project.- The PHA 'certifies and agrees that it is
under no contractual or other disability which would"prevent it from com-
plying ;with these requirements.
(c) Compliance with the provisions of section 3, the regulations'set forth in 24.
CFR, Part 135, and all applicable rules and orders of the 'Secretary issued there-
under ;prior .to approval by the Government of the application for this ACC-shall.be
a condition of the Federal financial` assistance provided totheProject, binding.?
upon the PHA, its successors and assigns._ Failure tolfulfill 'these requirements <
shall :subject the PHA, its contractors and subcontractors, its successors, and,:'._,
assigns to the sanction specified by this•ACC?and to such sanctions as are
specified by 24 CFR, -Section 135.135:
(d) The PHA shall incorporate or cause to be incorporated into any contract pursuant to_
this contract such clause or clauses as are required by the Government•for com-
pliance with its regulations issued pursuant to theHousingand Urban Development
'Act, as amended. 'The PHA shall cooperate with the Government'in the 'conducting
of compliance reviews pursuant to said Acts and Regulations.
2.8. COOPERATION IN EQUAL OPPORTUNITY COMPLIANCE REVIEWS.
The PHA shall;cooperate.with the Government in the conducting of compliance reviews
and complaint investigations pursuant to'spplicable civil rights' statutes,
Executive Orders, -and rules and regulations, pursuant thereto.
2.9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT.
The PHA' shall, incorporate or cause to be incorporated; into any contract for 7.
construction or substantial rehabilitation, such clause or clauses as are required
by the Government for compliance with the regulations issued by.the Environmental
Protection Agency pursuant to the Clean Air Act, as amended; the Federal Yater
Pollution Control Act, as amended, and Executive` Order 11738. :The PHA,sha11'
_cooperate with :the Government in the conducting of compliance reviews pursuant,. -
to said Acts and Regulations.
2.10. LABOR STANDARDS.
The PHA shall incorporate or cause to be incorporated' into any contrabt for
construction or substantial rehabilitation of; nine or more dwelling units, such
clauses as are required by; the Government forscompliance with its regulations
issued pursuant to. the Copeland Act, the Davis -Bacon Act, and,the,Contract Work Hours
and. Safety, Standrds Act. The PHA shall cooperate with the Government in the
Conducting of compliance reviews -pursuant 'to said Acts and Regulations.
2,11. ESTIMATES OF REQUIRED ANNUAL CONTRIBUTION.
The PHA shall from time to time submit to the Government estimates of required
annual'eontribtition at such times and in such form as the Governmentmayrequire,
All estimates and
any revisions thereof submitted -under this Rection shall,-,.
be subject to Government approval.
2.12. INSURANCE AND FIDELITY BOND COVERAGE. "
For purposes of protection against hazards arising out of or in connection.with.the
`administrative ;activities -of-the PHAincarrying out the Project, the PHA shall,
'carry ;adequate `(a) comprehensive general liability insurance, (b)._workmen!s;'com-
pensation coverage (statutory or voluntary), ,(c) automobile liability insurance
against property damage and bodily injury (owned and non -owned), and (d) fidelity,
bond coverage of its officers, agents, or employees handling cash or authorized to
sign checks or certify vouchers.
2.13. BOOKS OF ACCOUNT AND RECORDS; REPORTS.
(a) The PHA shall maintain complete and accurate books of account and records, as
may be prescribed from time to time by the Government, in connection with the
Projects, including records which permit ''a speedy and effective audit, and will`
HUD -52520'C • .Y ;
Page 6 of .0 PagesJll
•
among other things fully disclose the amount and the dis
Of the Annual Contributions position by the PHA
and other Project Receipts, if;arlY,
(b) The books of account and. records of the PHA shall be maintained for each
Project as separate and distinct from :all other Projects and undertakings ,
of the PHA except as authorized or approved by the Government':
(c) The PHA shall furnish the Government such financial, operating, and statistical
reports, records, statements, and documents,: at such timesyin form,yand
accompanied by such supporting data, all as may reasonably berequiredfrom
timetotime by the Government.
(d) The Government and the Comptroller General of the United States, or his duly
authorized representatives,shall have full and freeaccess to the`Projects
and to all the books, documents, papers, and records of the PHA to Proj e
pertinent to its operations with respect to financial assistance under .the
Act, including the right to audit, and to make excerpts and transcripts from
such books and records
(e) The PHA shall incorporate or --,cause to be incorporated in all Contracts the
following clauses:
"PHA AND GOVERNMENT ACCESS TO PREMISES AND OWNER'S RECORDS.
"Cl) The Owner shall furnishsuchinformation and reports pertinent to the
Contract as reasonably may be required from:time to time by.the PHA,
and the Government.
11C2) The Owner shall permit the PHA or the Government or any of their duly
authorized representatives, to have access to the premise
the purpose of audit and examis,: and, for,,.:
nation, to have -access to any books,
documents, papers, and, records of the .Owner that are pertinent'
to compliance with this Contract; including the verification -of
information pertinent to the monthly requests,: to the PHA for housing
(f) The PHA sassistance payments."
hall be responsible for engaging and paying the auditor for the
making of audits as`required _by the Government, but the PHA shall be -'com-
pensated under this ACC for the cost of such audits.
2.14._ GENERAL'DEPOSITARY AGREEMENT.
(a) The PHA shall maintain one or more agreements, which are herein collectively
called the "General Depositary Agreement,l' in the form prescribed by the"
Government, with one or more banks (each'of.which shall`be and continue to be
a member of the Federal Deposit Insurance Corporation)., .and
ected as depositary'
by the'PHA. Immediately upon the execution o£ any General Depositary;Ag
the PHAreement,
opies,`shall furnish to the Governmentsuch executed or conformed c
thereof as the Government may require. No such General Depositary.Agreement
shall be terminated except after 30 days notice to the Government.
(b) The PHA shall except as otherwise provided in this ACC, deposit promptly.with
such bank or banks, under the terms of the General Depositary Agreement, -all
monies constituting the General Fund received pursuant; to this ACC.
(c) (1) The BHA may withdraw monies pursuant to the General Depositary Agreement
only for (1) payments Pursuant.to'the Housing Assistance -Payments Contract
,
and C2) other purposes specifically approved by the. Government .No withdrawals
shall be made except.in accordance with a voucher or vouchers -then on file
in the office of the PHA stating in proper detail the purpose-for which su
withdrawal is made. ch
(.2) If the Government makes a determination, after notice to the PHA giving
it a reasonable_ opportunity to take corrective action, that'the`PHA is: in
_Substantial Default or if the Government determines that the PHA has _made a
fraudulent or willful misrepresentation of any material fact inany of the
D...,.
-HUD-52520 C
Page 7 o£"10
Pages"
documents or data _submitted to the Government pursuant to this ACC or in, any
"document
or data submitted`to the Government as 'a basis-for'ahis ACC or:,as an
inducement to the Government to enter into this ACC, the Government shall have
the right to (1) give notice of such determination to any,. bank or other':de-
osita e
p ry which holds any pursuant to the,
and (2) require such bank or other depositary, on the basis of such notice, .to ;
refuse to permit any withdrawals of such monies;Provided,'however, that -upon
the curing of. such Default the Government shall promptly rescind such
notice and requirement. -
2.15. 1POOLING OF FUNDS UNDER SPECIAL CONDITIONS AND:REVOLVING FUND..
(s)
The PHA m de under the terms of the General Depositary may deposit p p ry Agreemeni; monies -
received or held by the PHA in connection with any other ACC or any administration
contract or lease between the PHA and the Government.
(b)
The PHA may also deposit under the terms of the General':Depositary Agreement
amounts necessary for current expenditures` of any other project or enterprise o£
the PHA, including any project or enterprise in which the Government has.no
financial ;interest; -Provided, however,:that such deposits shall%be lump=sum trans-.-:
fers from the 'depositaries 'of such other projects or -enterprises, -,and. -shall
in no event be deposits of the direct revenues or receipts ofrsuch other
projects or enterprises.
(c)
If the PHA operates other projects or enterp_ises'in which the Government
has no financialinterest, it may,_:fromltime to -time, -withdraw, such
amounts as the Government may approve from monies.on deposit under the, General
Depositary Agreement for deposit: in and disbursement from a revolving`
-fund
provided for the payment of.items chargeable in part to the Projects and'in part
to other projects or enterprises of the -.PRA; Provided, however,_that all'
-
deposits in such revolving fund shall be lump -sum transfers from the depositaries :_
of the related projects or enterprises and 'shall in no event be deposits -of '
the direct revenues or receipts.
(d)
The PHA may establish petty cash or change funds in reasonable amounts,'
from monies on deposit under the General -Depositary Agreement.
(e)
In no event shall the PHA withdraw from any of the funds _pr accounts authorized -
under -this Section 2.15 amounts for the _Projects -or for -arty -other project or
enterprise in excess of the amount then on deposit in respect' thereto. -
2.16. DEFAULTS BY PHA AND/OR OWNER.
(a)
Ri hts'of Owner if PHA Defaults Under Agreement or Contract. (The provisions,
of th s paragraph a shall not apply -to,any Existing.. Housing ProjectC)r
(1) In the•event of failure of the PHA to, comply with the Agreement with `
the Owner, or:if-such _Agreement is held to be:void,-voidable or ultra vires,
or if the power or right of the PHA to enter into such Agreement is_
drawn into ";question in any legal proceeding,`' or if, the PHA:asserts:or
- claims that such Agreement is not binding upon the PHA for ;arty such,_.
reason,: the Government may, after notice to the PHA`giving'it areasonable`
-
opportunity to take corrective action, -determine that the occurren-ce.of
any such. event constitutes I a Substantial Default hereunder. Where,ahe
Government so determines, it may assume the'-PHA's sights and obligations
under such Agreement and carry out the obligations of the PHA under the
Agreement, including the obligation to enter -into the Contract.
(2) In the event of failure of the PHA to;comply ,with the Contract with the Owner,;.
or if such Contract is held to be void, voidable or ultra vires,''or.if
the power or right of the PHA to: enter into such Contract`is drawn d.nto ques-
tion in any legal proceeding, or if the -PHA -asserts orclaims that such
Contract is not binding upon the PRA -for any 'such"reason, the --Government may
after notice to the PHA giving it a_ -reasonable opportunity'to take.correctiv_e
action, determine that the occurrence of such event constitutes:a Sub-
stantial -Default hereunder.. Where the Government so determines, it -`shall
lUse
of this Section 2.15 Ys optional. -
HUD -52520 C
•
Page 8 of 10 Pages
have the right to assume the PHA's rights and obligations under such
Contract, perform the obligations and enforce the rights of the PHA,.and
exercise such other powers as the Government may have to cure the Default;
however whether.or-not the Government elects to proceed inthismanner, the
Government shall, if it determines that the Owner is not in default,-.
continue for thedurationof;such'Contract to pay -Annual Contributions
for the purpose of making housing assistance pgyments with '_respect 'to: .
dwelling units under such Contract.
(3)
All rights and obligations of the PHA assumed by the. Government pursuant to this.',
Section 2.16 (a) will be returned as, constituted at the time of such-,
return (i) when the Government-is*satisfied that all have been
-defaults
cured and that the Project will thereafter be administered in:accor-
,dance with allapplicablerequirements, or (ii) when -the Housing Assistance
Payments Contract is at an end, -whichever occurs sooner.
(4)
The provisions of this Section 2.16 (a) are made with, and for the benefit
of, the Owner, the PHA (where it isthelender and then only,in its..-
ts .capacity
capacityas lender), or_the Owner's other assignees, -if -any, who -will
have been specifically_ approved by the Government prior to such assignment.
If such parties are not in default, they may,`in order to' enforce the per-
formance of these provisions, (i) demand that the Government,` after notice
to the PHA giving it a reasonable opportunity .to takes corrective action,
make a determination whether -a Substantial Default exists under paragraph
(a) (1) or (a) (2) -of this Section, ;(ii) -if -the Government' -determines
that a Substantial Default exists, demand that the Government' take' the
action' authorized in paragraph (a)'(1) or (a);(2) and'(iii),proceed as -
against the Government by suit at law or in equity.
(5)
The provisions of paragraphs (a) (1), (3), and (4) of this Section shall
be included in the Agreement and the provisions of ;paragraphs (a),(2),
(3), and C4) of this Section shall be.included `in the 'Contract.
(b) Rights of Government if PHA Defaults'Under ACC; Agreement,' or'Contract.
(1`)
If the PHA defaults in the observance or performance of the provisions of
Section 2.4; fails to.comply with its''obligations`under any.,duly issued
Certificate of Family, Participation in accordance'wi'th its terms; fails
-
to comply with the requirements of Sections 2.5, 2.6, 2.7, or 2.8;. ,
defaults -in'the performance or observance of -any other term,_ covenant, or ;
condition of this ACC or of any 'term, ycovenant, or condition `of any, :
Contract or Agreement;` fails, in the event of any default by'the Cwner, to
-
'enforce its rights under the Agreement or Contract by way!of action to
achieve compliance to the satisfaction -of -the Government or to terminate the;
Agreement or Contract in whole or in part, as directed by. -the -Government,
or -fails to comply with the applicable provisionsof.the Act and the
regulations issued pursuant thereto; the Government may, -after notice
to the PHAging i .
g it a reasonable opportunity to take corrective
-`determine
-action,
that the occurrence of any, such,event._constitutes a?Substantial
Default hereunder as to the Project. -Upon the occurrence of -a Substantial
-
Default with respect to any Project, the PHA shall, if the Government'so
-
requires, assign to the Government all :of its rights;,and'interests°under
the Agreement or Contract, including any.funds, and the Government shall --
continue to pay ,'Annual :Contributions with, respect to dwelling- units-.covered.by ;:
Housing Assistance Payments Contracts,in accordance -with Ahe terms of this
-ACC
and of such Contracts until reassigned -to the :PHA:
(2)
All rights and obligations of the PHA assumed by the Government pursuant to
-
this Section 2.16 (b)'will 'be returned as;constituted-,at the time of such
return (i) when the Government is satisfied that all defaults have been
-
cured and that the Project will thereafter be' administered in accordance
with all applicable requirements, or (ii) when the Housing.`Assistanoe
Payments Contract is at an end, whichever occurs sooner.,
(c) Rights of PHA and Government if Owner Defaults Under Contract. (New Construction
and
Substantial Rehabilitation Projects.) j
HUD} 52520+ C • •
Page 9 of _lQ Pages
For, New Construction and Substantial Rehabilitation projects, the Contract
shall contain the following provisions:
"a. A default by the Owner under-this'Contract-shall: result if:
11(1) The Owner has violated or failed to comply with any provision of,'
or obligation under, this Contract or of any Lease; or
11(2) The Owner has 'asserted or demonstrated an intention not to perform
some or all of his obligations under this Contract or under lany Lease.
"b. Upon a: determination by the PHA that'a default has occurred, the=PHA shall:
notifythe Owner, with a copy, to the Government, of Cl) the nature. of,
the default, (2) the actions required to be taken and the remedies:-to
be applied on account of the 'default (including actions by the.Ovmer to
cure the default and, where appropriate, abatement of housing assistance
payments in whole or in part and recovery.of overpayments'), and-(3.),t he
time within which the Owner shall respond with'a showing that he has
taken all the actions required of him. If the 0emer fails to respond or
take action to the satisfaction of the -PITA and the Government,. the PHA
shall have the right to terminate this Contract in whole or in part or
totake 'other corrective action to achieve compliance, in itsdiscretion
or-,a46 directed by the Government.
"c. (The provisions of this paragraph e shall apply only if the PFA is the, -
Lender.) ;Notvrithstanding any other provisions of this -Contract,`in the
event the Government determines that the:Owner'is in default of his ob-
ligations under the Contract, the -Government shall have the right, after
notice to the Owner and the -PITA :giving %them a reasonable opportunity to
-take corrective. action, to abate or-.terminate housing assistance-;-payments
- and recover overpayments in'accordance with the terms of-the Contract.
In the event the, Government.takes'any:action under:this Section, the Owner
and ,the PHA' hereby' expressly' agree to recognize"the-rights_; of the ,,Government ,-
to the same extent`as if the action were taken by the PHA. The Government
shall not have the right to terminate the Contract, except'' by proceeding
in accordance with Section 2.16 (b).of the ACC and-paragraph b of this
Section.
(d) Rights of PHA if- Owner 'Defaults Under Contract'(Existing Housing Projects).
For Existing Housing Projects, the Contract shall contain the: following
provisions:
"a. A default by the Owner-under this Contract shall result if: `
"(,) The Owner has violated or failed to comply with any provision of,
or obligation under, this Contract or, of any. Lease; or.
11(2) The-Owner has asserted or demonstrated an intention not to perform:
some or all of his obligations udder this Contractor under;any:Lease.
"b. Upon'a determination by the PHA that a default has: occurred, the PHA shall
notify the Owner, with a'copy to=the Government, of (1) the nature of,the
default, (2) the actions required to be taken and the: remedies'to'be
applied on account of the default (including actions by ,the Owner to cure
the default, and, where appropriate, abatement of housing' assistance
-- payments in whole or in part and recovery. of overpayments), and-(3)-the
time within which the Owner shall respond with a showing; that he has
taken all the actions required of him. If the Owner fails to respond or,
take action to the satisfaction of the PHA and the Government,,. the PHA
shall have the right to terminate this Contract in whole or in part or take
other corrective action to achieve compliance, in its'discretion:or
as directed by the Government.
2.17. REMEDIES NOT EXCLUSIVE AND NON-VIAIVER OF REM-DIES.
The availability of any remedy provided for in this ACC; or in the Contract shall
not preclude the exercise of any other remedy under this ACC or the'Contract'or;
under any provisions of law, nor shall any action taken in the exercise of any
a
• Wroject. No.",IA 22-1
ontract No.'C-7G5
U. S. DEPARTMENT OF HOUSING AND :URBAN -DEVELOP, iE:•-.
LOW -RENT HOUSING
TNIRd1MENDATORY TO ANNUAL CONTRIBUTIONS CONTRACT
FOR SECTION 23 LEASING OF PRIVATE ACCOM.NIODATIO S '
THIS .THIRDAMENDATORY Annual Contributions Contract, made and `ente,C
day of 1975, by and,between the UNITED STATES OF,At•IERICA '
herein called the "Government" , pursuant to the United States Housing Act: of 1937,;(42
U.S.C*.1401,'et sem., which Act as amended is herein called the "Act". and the Department
-of Housing and Urban Development Act (5 U.S.C. 624) as amended, and the LO,J-P.�i1T';(OJSIiIG
-,AGENCY OF THE -CITY OF I01VA CITY, IOWA(hereincalled the "Local Authority")`,14ITNESSETH:
.11HEREAS, the parties hereto entered that.certain'Annual Contributions Contract
-ilo:C-765 dated June 30, 1969(Which, as amended, is herein referred to as the "Existing:-
Contract"); and
WHEREAS the parties desire to further amend the: Existing Contract.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the -
,parties do: agree as follows: "
1. Delete from the Existing Contract Sec. 1.(B) and (D)`in entirety and substitute f:
-in lieuthereof:-the-following:
Sec. 1. Project, Maximum Limitations,' Approvals, Fiscal Year
(B) The Government shall make annual contributions available to the Local
Authority in respect to the Project based on the following:
Estimated Num- Size of Estimated Total Basic Annual. Contri-
ber'of Dwell- Dwelling Development Cost bution,per Dwelling
ing Units Unit Per Dwelling Unit Unit
6 Efficiency_ $15,114 $ :938
74 "1 'Bedroom 18.,216 ''11131
58. 2 Bedroom 22,506 2,028
_ 18 1 Bedroom 26,,730
4 4 Bedroom 32,208 2,556
The Estimated Total Development Cost of Project is $3,353,998:
The Flexible' Formula Annual Contributions Percentage shall be6206o per annum.
The Maximum Annual Contribution Percentage shall be 7.501% per annum:-
- The Maximum Basic Annual Contribution for the Project shall be $208,207
Provided that the total estimated number of dwelling units of all sizes is not
exceeded, the Local Authority may lease any combination of.the various sizes o, di:elling
units but shall not lease more than 125.' of-t`e estimated -number of..dwell ing Units: 'of
any specified size without the prior ,approval _of the. Government. NotwithstandJng'the
number and sizes of dwelling units leased by the Local Authority- the Government shall
"not be oblicated_,to imake Bask Annual Contributions in res;.ec6 to the Project for -any
period in excess of the emount_of Basic.Annual Contributicns'herein 'provided.
(D) The President of the United States, or the Secretary of. -Housing ;and
Urban Development pursuant to delegation of authcrity, has apporoved them.
of this Contract and the undertaking by the Government cf the annual contribu_
tions as herein provided, on HAA List Hos. `HAA. 7190,. KCr71-029, and KC -76-047.
2. Add to Part One of the Existing Contract -the following new provisions: '.
Sec. 11. (A) Clean Air Act and Federal I -later Pollution Control Act
The Local'Authority shall incorporate or cause to be incorporated
into any contract for construction.or substantial rehabilitation,
such clause or clauses as are required by the -Government :for. com-
- pliance with'the regulations -issued -by the Environmental Pro.tec-
tion Agency pursuant to the Clean Air Act, as"amended, the Federal+.
- ---- Water Pollution Control Act,, as amended, and' -Executive Order•
11738. The Local Authority.shall"cooperate with the Government in
the conducting of compliance reviews pursuant -to -said Acts and
Regulations.
(8) Flood Disaster Protection Act
The Local Authority shall incorporate: or cause to be -incorporated
into any contract for new construction or substantial rehabilitation
the following clause (and the LocalAuthority shall itself comply
with such clause when -it is'the owner):
"If the Project is located in an area that has been identified
;.by the Secretary of Housing and'Urban+Development as an: area
having special 'flood hazards and =if the sale of:flood`insur-
ance has been made available under the National.Flood=Insur
ance Act of 1968; the -Owner __agrees that the Project will be
covered, during its anticipated economic or usefullife, by
flood insurance in an amount at least equal to its develop-
- mentla
or project cost (less estimated nd cost)'or to,tthe
maximum limit of coverage made available: with respect ao the
particular type of; property under the NationalrFlood Insurance
Act -of 1968, whichever is less.,-
Sec.
ess."Sec. 12. Local Authority.Contracts with Third Parties and Subcontracts
(A) Clean Air Act and Federal Water -Pollution Control Act
1. The provisions of subparagraph (2) Of this; Section shall not be
applicable if the amount of the contract is $100 000.00'or less.
2. In compliance with regulations issued by the Environmental Pro
tection Agency (EPA), 40'CFR, Part 15, 39`F.R.'11099, pursuant
to the Clean Air Act, as -amended (Air Act), 42 U:S.C.--1857
et'seq., the Federal Water Pollution -Control Act, as amended
. (Water Act), 33 U.S.C. 1251 et seq., Executive Order 11738,
the Contractor agrees that:>
any facility to be utilized.in the•performance of this
contract or any subcontract shall not be 'a facility,
listed -on the EPA List of Violating -Facilities pursuant
to Section 15.20 of said regulations;
he will promptly notify the LHA of the receipt of anv
communicationfromthe EPA indicating that :a facility to
be utilized for the contract is under'conside - tion to
- be listed on ,the EPA List of Violating Facilities;
(iii) ',he will comply with' all the requirements of Section 114
of the Air Act and Section 308 of the Water Act relating
to inspection, monitoring,' entry,.reports,;and informa- '
tion,'as well as all other requirements specified.in
•Section•114 and Section 308 of the Air Act and the -'dater
- - Act, respectively, and all -regulations and guidelines
issued thereunder;: and
(iv) he will include or cause to be. included the. provisions
of paragraph (2)(i) through (iv) of this =Section:l2 in .
every nonexempt subcontract, and that he will take such
action is the Government nt maY ' d't
i
enforcing such provisions. ect as a means of,
� I
RESOLUTION NO. 76-6
,
RESOLUTION TO REFUND CIGARETTE PERMIT
Mike's Riverside Texaco 510 S. -Riverside
WHEREAS, at
in Iowa City, Iowa, has surrendered cigarette permit No. 76-122
expiring
June 30 , 19 76 and requests a refund on the
unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
cigarette
permit No. 76-122
issued to Mike 's:Riverside Texaco
,
be cancelled, and
_ BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
they are hereby
authorized and directed to draw a warrant on the General Fund in
the amount of': -
50.00- $ Mike's Riverside Texaco � payable to
as a refund on cigarette permit No. 76-122.
`
It was moved by Balmer andsecondedby deProsse
that.
the Resolution as read -be adopted, and upon roll call there were:
AYES:AjAYS:BSE
_
Balmer x
deProsse _ x
Foster x
Neuhauser x
Perret x
Selzer
Vevera x -
Passed this 6th day of January 19
76
.r