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HomeMy WebLinkAbout1975-11-25 Regular MeetingMINUTES OF OFFICIAL ACTIONS OF COUNCIL -NOVEMBER 25, 1975 7:30 P.M. The cost of publishing the following proceedings and claims is $ Cumulativecostto date during this calendar year for said publication is $ The Iowa City .City Council met in Regular Session on the 25th`day 'of November, 1975, in the Council Chambers at the Civic Center. Present:- Brandt, Czarnecki, Davidsen, deProsse, Neuhauser. Absent: none. Mayor Czarnecki pre- siding. It was moved by deProsse and seconded by Davidsen to consider the amount read thus far to be a full reading and to ,approve the minutes of the Official Actions of ,the Council meeting of November 11, 1975, subject to correction. Motion carried, unanimously. It was moved by Neuhauser and seconded by Davidsen that the minutes of the meetings of Parks and.Recreation Commission, 11/12/75;- Housing :Commission,- 11/5/75; -Design Review Committee, 11/12/75 and Airport Commission, 10/23/75, be 'received and filed. Motion carried,', unanimously. It was moved by deProsse and seconded by-Davidsen to approve the Mayor's appointment of- Leonard -'Brandrup, 922 - Kirkwood Avenue, to the 'unexpired ;term on -the Riverfront Com- mission, expiring December 1, 1977. Motion carried, unanimously. It was moved by Brandt and seconded by deProsse that the request from Transit Superintendent to operate Saturday bus schedules on the day after Thanksgiving and the day after Christmas with the exception of Rochester -Mall route, be granted. Motion carried, unanimously. City Manager Berlin announced the appointment of Pat Stra- bala as Director of Finance, noting he hasthe knowledge, 'philo- sophical understanding and experience necessary to serve the City well as the Director -of -Finance. Councilman Brandt com- plimented the City Manager on the choice. MayorCzarneckiproclaimed December 2nd as National Wo- men's Agenda Day.: It was moved by Davidsen and seconded by Neuhauser that r Ordinance No. 75-2789, recorded in Ordinance Book 9, pages 68-69, Amending the Municipal Code by Establishing the Angle of`Intersection Between the Side Lines of Lots and Straight Page 2 Official Actions of Council - _: :November 25, 1975 Lines and by Repealing -Section 9.50.5A.4j of the Subdivision Code be passed and adopted at this time. -Roll call: Ayes: Brandt, Czarnecki,.Davidsen, deProsse,'Neuhauser. Nays: none. Absent: none. Ordinance. adopted, 5/0. It was moved by Davidsen 'and -seconded by Neuhauser.that - Ordinance No. 75-2788, recorded in Ordinance Book 9, pages 65-67, Amending the Municipal Code by Establishing -Provisions for Non -Conforming Uses and by, Repealing=Sections 8.10.3.56, 8.10.5C, 8.10.5D, 8.10.21B, and 8.10.24C of Said Chapter be pa -sed and adopted at'this time. Roll call: Ayes:'Czarnecki, Davidsen, deProsse, Neuhauser, Brandt. Nays: none. Absent: none. -Ordinance adopted, 5/0. It was moved by Neuhauser and seconded by Davidsenthat Ordinance No. 75-2790, recorded in Ordinance Book 9, pages 70-77, Regulating Storage, Collection, etc., and Disposal of Solid Waste be passed and adopted at this time. Roll call:. Ayes:- Davidsen, deProsse, Neuhauser, Czarnecki.- Nays Brandt. Absent: none. Ordinance adopted, 4/1. It was moved by deProsse andsecondedby Neuhauser to - adopt Resolution No. -75-413, recorded inResolutionBook 33, page 153, Authorizing the Mayor -to'Enter into Contract with Powers -Willis and Associates for the Ralston Creek Watershed - Management Plan. Roll call: Ayes: Davidsen, deProsse, Neu- hauser. Nays: Brandt. Abstain: Czarnecki.Resolution adopted, 3/1. It was moved by deProsse and seconded by Neuhauser to adopt Resolution No. 75-414, recorded in -Resolution Book 33, page -154, Authorizing City Manager to Enter into a Lease to Rent a Building at the 4H Grounds_ for storage of equipment, covering a -period of 7 monthsata-crate of $300 per month for- 7,500 square feet of storage. Roll call: Neuhauser, Czar- necki', Davidsen, deProsse. Nays: none. Abstain: Brandt. Resolution adopted, 4/0. It was moved by, deProsse and seconded ,by-Neuhauser to adopt.the,Resolution Authorizing the Closing of a Portion of Madison Street to All Vehicular Traffic Except Emergency Vehicles and Buses for a One -Year Trial Period. Motion de- feated, Brandt voting "aye"; Czarnecki abstaining, deProsse, Davidsen, Neuhauser voting "no", 1/3. It was moved by Davidsen and seconded: by Neuhauser that ---the-Resolution Authorizing Execution of Contract to Purchase Land Located at 526 Reno Street from Mrs.: Roy ;Solnar'for 'parks and recreational purposes be deferred and referred to the City Manager to schedule for discussion at an informal session. Motion adopted, Czarnecki voting "no". Of ficial, Actions of Council Page 3 November 25, 1975 It was moved by deProsse and seconded -by Davi it -415, recorded adopt Resolution No. 75 in Resolution Book 33, page 155; Approving the Joint.Agreement Between Iowa City Library Board of Trustees .and City Council of Iowa City to for Purposes of collective Coordinate Negotiating ProceSureCzarneckiP�Davidseno1deProsse Bargaining. Roll call: Ay Neuhauser, Brandt. Nays: none. Resolution adopted, 5/0. ap- It was moved by deProsse nd sec Official Canvass d by Vfor ethe oIowa prove the Certified Copy received` City Municipal Primary Election of October 21, from Johnson County Commissioner of E2;382;eonRobertDolores VeveraRogers as follows: At Large: John Balmer, - 2,028; Carol deProsse, 2,019; Louis Eichler, 1,899; Edgar Czarnecki, 1,602; L.P. "Pat" Foster, 1,413; Esther`Atcherson, 1,171; Gene Porter, 1,038; Barbara Bouschlicher, 800; Dale Hoogeveen, 785; John Morrissey, 2; Penny Davidsen, 1. District 288; John C: Mary Neuhauser, 859; Harry Baum, Don Riley, 122. Motion adopted, unanimously. - it was moved by deProsse and seconded`by Davidsen_to ap Iowa - prove the Certified Copy of the Offical Canvass for the Iowa City Municipal Election of November'4,'mer,.4a514o1Robert At Large: Carol deProsse, 4,89o; --john ;Balmer, , Vevera,'4,370; L.P. "Pat" Foster, 4,032; Louis -Eichler, 3,881: Edgar'Czarnecki, 3,362; Esther Atcherson,;3,103; Gene Porter 2,198. District A: David Perret, 3,935;- David Clark, 3,583. 7. District District B: Max Selzer, 3,959; Warren B1744. 3'Motion adopted, C: Mary Neuhauser, 4,710; Harry Baum, 2, unanimously. It was moved by Brandt and seconded by Neuhauserthat uestinthe hnson County Arts Council requesting letter from Iowa City-Jo permission to continue to display sculpture on the street n downtownIowaCity be received and filed and right-of-way i ' approved subject to waiver of liability and other legal impli- cations. Motion adopted, unanimously. It was moved by deProsse and seconded by:Ner then the letter from Frantz Construction Company, requesting _ 23-79 from Council to act on their request rezgRIA•toProspect andAR2, tion, Part 3, -part of Section 23 79-6, put on the agenda be received and filed and the Ordinance be p Brandt next week for_ first consideration. Motion adopted, 4/1, voting no. It was moved by deProsse and seconded by Neuhauser to ap- rove the Ptition for Suspension of Taxes for Mildred Jenni pro ngs, eRiver. Motion adopted, unanimously.- officialActions of Council_ Page 4 November 25, 1975 auser that It was moved by deProsse and seconded by Neuh the letter from Linda Stevenson regarding the closing of Madison Street-be-received and filed and made part of the Madison Street closing public hearing. Motion adopted," unani- mously.-- it was moved by Brandt and seconded by Neuhauser to adopt page Resolution No. 75-416, recuor Licensed in sApplicatolution ionkfor�BMF, 156, approving Class C,Liq License e3 Iowa Avenue.: Roll call: Inc. lba/C.O.D. Steam Laundry, Ayes: David sen,;deProsse,_Neuhauser, Brandt, Czarnecki'. Nays' none. Resolution adopted, 5/0. Rev. Robert Welsh, 2526 Mayfield Road, appeared concerning the memo from Director of Public Works Dick Plastino on snow change the:existing removal on Washington Street-sidewalks. .After discussion, it was the consensus of the ovalCounwhich now to reqires the re- ordinance regarding snow removal ownersq moval of snow by the abutting property It was moved by deProsse and seconded y Davidsen unani.-noto adjourn the meeting, 9:10 P.M. Motion adop -_ complete description of activities A more detailed and comp of Council is available in City Clerk's office.' Mayo bGc / Abbie Stolfus City Clerk COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES - NOVEMBER 251 1975 _ 7:30 P.M. The Iowa City City Council met in Regular Session on the 25th day of November, 1975, in the Council Chambers at the Civic Center. Present: Brandt, Czarnecki, Davidsen, deProsse,`Neuhauser. Absent: none. Mayor Czarnecki pre- siding. It was moved by deProsse and seconded by Davidsen to considerthe amount read thus far to be.a full reading and to approve the minutes of ,the official Actions of the Council meeting of November 11 1975,, subject to correction. -Motion carried, unanimously. Mayor Czarnecki proclaimed December 2nd as National Women's Agenda Dav David Smithers appeared regarding the Madison Street Clos- ing -presenting several suggestions concerning the closing and pedestrian safety. It was moved by Neuhauser and seconded by Davidsen that the minutes of the meetings of Parks and Recreation Commission 11/12/75;--Housin4 Commission 11/5/75, Design Review committee, 17 48 11/12/75 and Airport Commission 10/23/75. be received and filed. Motion carried, -unanimously. It was moved by deProsse-and seconded by Davidsen to a2= - prove the Mayor's appointment of Leonard Br-andrup,=922 Kirk- wood irk wood Avenue, to the unexpired term on the Riverfront,Commission, expiring December 1, 1977. Motion carried, unanimously. Mayor Czarnecki called attention to the letter inviting_ C9 t the Commonwealth Conference on -December 12th. He.commented on a press release received from John Culver on.- revenue n revenue sharing. Councilwoman Neuhauser noted she had received a request from a citizen to have railings installed on the hills on Brown , 74 q Street and Ronalds Street, commenting that elderly people are 7 having problems getting ,up'and down` these hills, particularly in winter.` City Manager Berlin stated, the feasibility will be investigated. Councilwoman Neuhauseralso inquired about play- ground equipment--being-installed at North Market Square which will come from the City Park. This matter will also be investi- gated. Page 2 Council Activities' November 25, 1975 It was moved by Brandt and seconded -by deProsse that the request from Transit Superintendent to operateSaturday bus schedules on the da after'Thanks ivin and the day after Christmas with -the exception of Rochester -Mall route, be granted. Motion carried, unanimously. City Manager Berlin announced the appointment of Pat Stra- bala as Director of Finance, noting he has the knowledge,"philo- y� sophical understanding.and experience necessary to serve the City well as the Director,of Finance. Councilman Brandt com- plimented the City Manager on the choice.`- - It was moved, by Davidsen and seconded ,by Neuhauser that Ordinance No. 75-2789, recorded in'Ordinance Book 9, pages 68-69, Amending; the Municipal "Code 'by Establishing the Angle of Intersection Between °the 'Side Lines of Lots and Straight Lines and by Repealing Section 9.50.5A.4j of the Subdivision; Code be passed and adopted at this time.'`Roll `call: Ayes: Brandt; Czarnecki, Davidsen, deProsse, Neuhauser. Nays: none. Absent: none. Ordinance adopted, 5/0. It was moved by Davidsen and seconded by Neuhauser that Ordinance No. 75 -2788, -recorded in Ordinance Book 9, pages 65-67, Amending the Municipal Code by Establishing Provisions for Non -Conforming Use and by Repealing:Sections 8.10.3.56, /r' /- 8.10.5C, 8.10.5D 8.10.21B, and 8.10.24C of Said Chapter be passed " and `adopted at this time. Roll call: Ayes:, Czarnecki, David - sen, deProsse, -Neuhauser, ;Brandt. Nays: =none. Absent: none. Ordinance adopted, 5/0. It was moved by Neuhauser and seconded by Davidsen that - -Ordinance No. 75-2790, recorded in Ordinance Book 9,pages 70-77, �J Regulating -Storage, Collection, etc., and Disposal of Solid Waste_��%�d_ be passed and adopted at this time. Roll call: Ayes: Davidsen, deProsse Neuhauser, Czarnecki. Nays: '`Brandt. Absent: none. Ordinance adopted, 4/1. It was moved by deProsse and seconded by Neuhauser to adopt ---Resolution No. 75-413,_recorded-in-Resolution Book. 33, page 153, $uthorizing the Mayor to Enter' into Contract with Powers -Willis and Associates for the -Ralston Creek Watershed Management Plan. Roll call: Ayes: Davidsen, deProsse, Neuhauser. Nays: Brandt. . `- Abstain: Czarnecki. Resolution adopted,' -3/1.- Rev. Robert ' F: Welsh, Councilman -elect L. P. "Pat"_ Foster,_ Director of Public Works Dick Plastino, and Roxanne Haldeman -were present for dis- cussion. Mr. Foster asked the present Council to not act on _ ': this resolution. _ Council Activities 1975 Page 3 _ November 25. It was moved by deProsse and seconded.by Neuhauser to ado t Resolution No. 75-414, recorded in Resolution Book 33 page 154,"Authorizin Cit Mana er to Enter into a Lease to er- month y Rent a Builderiod ofh7 monthsuatSafratetofa$300fpe ui ment ••' covering a P 4 Neuhauser, uare feet of stora e. Rollcall: Abstain: Brandt. __. for 7,500:s4 deProsse: Nays Czarnecki, Davidssen,4/0. i.y Resolution adopted,Neuhauser to It was moved by deProsse and seconded by -, the Closin of a Portion o ^/ adopt theResolutionAuthorizin io defeated Madison Street-to-All Vehicular'Traf1iPeTxoa.t Emer enc Ve- }„ dnd B11seG fo'" a One-Yeas----- aining,deProsse, Davidsen, Brandtvoting'aye"i. , Czarnecki abst Neuhauser voting "no", 1/3- It was moved by Davidsen and seconded by Neuhauser that the o Solnar for arks. s luti n Autho izin Execution ofSContract to Purchase 2 and recreational'. ur oses be deferred and referred es the Ci rt a d recrea schedule for discusslonnaat•an informal session. Motion adopted, Czarnecki voting " It was moved by deProsse and seconded on Davidsen pa ado t Resolution No. 75-415 recorded in Resolution Book.33, page: 155, to Coordinate Ne Roll A rovin the`Joint A reement Between Iowa Cit Librar Board of Trustees-and Cit Council of Iowa Cit Neuhauser, Brandt. iatin Procedures for Pur oses of aeProsse`,e Bar user, call: Ayes: Czarnecki, Davidsen, Nays: none. Resolution adopted, 5/0. G 1 It was moved by deProsse and seconded by;Davidsen to apProVe of the Official Canvass for the Iowa Cit the Certified Co Dolores Rogers as Munici a1 Primar Election of October 21 1975 received from Johnson County_Commissioner of EleZt3825�Robert-Vevera, 2,028; follows: At Large:- John Balmer,_- 1,899; Edgar Czarnecki, Carol deProsse, 2,019: Louis Eichler, 1,171; .Gene L.P."Pat" Foster, 1,413;, Esther Atcherson' 785; 1,602; Barbara Bouschlicher, 800; Dale Hoogeveen,Neu- porter, 1,038: 2 penny Davidsen, 1. "District Cc Nary 112. John Morrissey, 288; John.•Gordon, 195; Don Riley, hauser, 859; Harry Baum, Motion adopted, unanimously. It,was move d by deProsse and seconded by Davidsen to aptrOVe the the Certifiewa Cit d Co of the Official Canvaas follows: I�At Large: 4,514;`Robert Veve:a,-,4,370; Munici al Election of;Nove JohnbBalmer .4? $',885; Edgar Czarnecki, Carol.deProsse, 4,890, L.P. "Pat" Foster, 4,032: Louis Eichler, 2,198. District A: 3,362; Esther Atcherson, 3,103; Gene Porter, Page 4 Council Activities November 25,_1975 -- David Perret, 3,935; David Clark, 3,583. District B: Max Selzer, 3,959; Warren Block,_ 3,057.'- District C: Mary Neu- hauser, 4,710; Harry Baum, 2,744.`'Motion'adopted, unanimously. It was moved by Brandt and seconded by Neuhauser that the letter from Iowa City-Johnson County Arts Council requesting permission to-continue to display sculpture on the street right-of-way in downtown Iowa City be received and filed and approved-subject to waiver of`liability 'and other legal impli- cations. Motion adopted, unanimously. It was moved by deProsse and seconded by Neuhauser that the letter from FrantzConstruction Company, requesting the Council to act on their request for rezoning Mt. ^ Prospect Addi- tion, Part 3; part of Section 23-79-6. from R1A to R1B and R2,- / 7� be received and filed and the ordinance be put on the agenda next week for ,first consideration. Motion adopted, 4/1, Brandt voting no. It was moved by deProsse and seconded-by Neuhauser to-ap- prove the Petition for Suspension of Taxes for Mildred Jennings, 815 River. Motion adopted, unanimously. It was moved by deProsse and seconded` by Neuhauser that the 'letter from Linda Stevenson regarding the closing of Madison Street be received and filed and made part of the Madison Street closing public hearing.' Motion adopted, unanimously. l7.y Attorney Joe Johnston representing C.-O.-D.-Steam Laundry was present regarding the liquor permit for that establishment which was deferred on November 18th.`- Rev.-Welsh,-2526 Mayfield Road, was also present After discussion, it was moved by Brandt and seconded by Neuhauser to--adopt'Resolution No. 75-416F recorded in-Resolution -Book 33, page;156,.approving Class C / 7C Q -Liquor License Application for BMF, Inc. dba/C.O.D. Steam Laun- _ dry, 211-213 Iowa Avenue. Roll Call: Ayes:-Davidsen, deProsse, Neuhauser, Brandt,.Czarnecki. ;Nays: none. _Resolution adopted, 5/0. David Smithers and John Kammermeyer appeared with suggestions concerning traffic on Madison Street. The Mayor` suggested that the Staff bring up these suggestions at the joint` discussions with the University. Rev. Robert Welsh.- 2526 Mayfi&ld Road, appeared concerning the memo from Director of Public Works Dick Plastino on snow 7��-: removal on Washington' Street.sidewalks.. After discussion,.it was the consensus of the Council 'not 'to change the existing ordinance regarding snow removal which now requires the removal of snow by the abutting property owners. 0-ity 0- w f loa,Cet M AN MFMW nLi AN An=nnORANDUM. DATE' November 21, 1975 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memo to City Council from City Managerr-regarding collective bargaining. Memo to City Council from City Manager regarding Madison Street. Memo to City Council from City Manager regarding public hearing. Memo to City Council and City Manager from Julie Zelenka -regarding status of Iowa City Bicentennial Projects. Memo to City Council and City Manager from Director of Public Works regarding Scott Boulevard. Copy of letter.to Ms. Dorothy Douglass, Transit Advisory Committee, from the City Manager. Minutes of Staff Meeting, November 19, 1975. Agenda of Staff Meeting of November 19, 1975. Minutes of City -University Staff Meeting of October 24, 1975. Notices of vancancies on the Board of Examiners of Plumbers and the Parks and Recreation Commission. Article "Controlling the Uses of Land." • �.. _ ..1, �' /'� _ i l_ � .. . ^ :, � �. r. 1 , � f: _..__ - _ __ � �.. •__ � v .._. !(_�.`-� -. . _ "_ i ��- -..-. �a�• _ .: _ � �, � � �' _ i r. -... r _ y .� r.. _ Agenda • Regular Council Meeting -- November _5,-;1975 Page 3 Item No. 7 - CONSIDER AN ORUINANCii TO M11T1D 1111- h1lINICIPA (X)Dli 01 Illli CITY OF I(MA CITY I III: IN�5A, BLOTSrAND'S"rRAICjrl'SIIING � SfRII I' LINI'.S! ANGLE OF IAM)1 BYIRNPIIAI N(' SIiCTIOJ 9.50.5A.4j 0I' TI Qi SUBDIVISION CODE (third consideration). 7�:�� Comment: A public hearing was held November 4, 1975. The Planning and Zoning - Commission recommended by_a 4 to 0 vote adoption °le oftef an rsection amend the Subdivision Code _by establishing the angle btSection19n50.5A.5jes of tofatheesubdivisiontraight eCodet elne►Vhanlc the repealing resentl requires that lot lines to street lines - Subdivision Code p Y ro osed ordinance intersect approximately at right an hey intersect at an angles, thgplebetween 80 and 100 would require that tat lot degrees_ The Subdivision Code -presently,statC5right angles. The 11 merely intersect with streets at "app les to mean angles proposed ordinance" defines approximate right ang between 80 and 100 degrees Action T f ORDINANCE 1'0 M4 NU (I' ESTABLISHING 8.10 01' 11f1i hil1NICTPAI, CODE • Item No. 8 - CONSIDER AN IOWA, I ESTABLISHING PROVISIONS FOR .. OF TIS CITY OF INA CITY, 5.10.5C, NONCONFORMING USE AND BY REPEALING D CHAPTER8•third56onsideration). 8.10.5D, 8.10.21B AND 8.10.24C OF SAID CHAPTER -�3—-1975. The Planning and Comment: A public hearing was held November 4, Zoning Commission recommended by a 4 to 0 vote adopProvisions for ordinance to amend the ZoninCoe bySest blis8110.3.56, 8.10. SC, non -conforming uses and 10repealing 8.10.51), 8.10.21B and 8:10.24C of said 1) toeeliminatelseveralnt aspects of the ,proposed ordinance are ( ) existing conflicts in wording within the Code, and (2) el allow a building occupied by a non -conforming use to on remodeled and/ Or or converted_to-another non -conforming i he the height, yard ng ynahough the building may be in noncomp lianto Staff Report dated area regulations of the Code. Refer for an explanation oftheintent of the proposed August -14, 1975, ce was amended at regular Council' meeting of ordinance. Ordinan November 11, 197S. e. �•� , �J Action: 4 J , �` ./`.. _ ._ ,_- ___ ,- -- e ._ _ ., / � , __ � _�� -• - _ - � g - - , ... .� a i r .i. ,r .'.., - / J - . ., .: � _ t. � .- .. _ _ .. — v' - � .. J .i r �. ////'''' ,! _. ;. .-. i, ,, f J. _. _ _. --- .._ � ._ J .../ r { _ J _ _ /r._ i' _ ' .... r � -. --_ � ( /' _ ,- ! x - .. _ r • � , /L-sf �f L yam _ J'L�, � � r _. � � J -`- .. _ t __. moo_ - _ _ _ __ _ - _ ,= .- �, , - .___, . _: _ r .' _. „_. -� -� �.. � i � _. r , /1L �.�Z f/ 4'X f 'i�L..i-f r "L- � 'l„{+<� _ � L� - / ! I t r ',* f iJ. s• � `f !.// ___. .. .— r Y"l-_ _zJ _ i r � v-_ _ .. _. .- ... Agenda • Regular Council Meeting November 25, 1975 _ Page 4 COLLECTION, TRANSPORTATION, CONSIDER AN ORDINANCE `REGULATING STORAGE, Item No_ ,9 DISPOSAL OF SOLID WASTE; PROVIDING FOR COLLECTION PROCESSING AND ESTABLISHING A=PERDfIT,SYSTII PRO - AND D]SPOSAL'OF_SOLID WASTE; SPORTING, - 0? 7170 PERSONS ENGAGED IN THE BUSINESS OF COLLECTING, I -OR CESSING OR DISPOSING OF SOLID WASTE; PROVIPRIDING IIIIARINGPPROCE OF NONCONFORMING SOLID WASTE CONTAINERS; -PROVIDING A D PROVIDING FOR TIIE DDIRECTOR'SSRULE MAKIOF NGCAMORI'IYE;VIOLATIONS; PROV AND 2291 AND ORDINANCE`NO.''228G.2 (SECTIONS PENALTY- FOR VIOLATION OF TILE PROVISIONS OF THIS ORDINANCE; I REPEALING ORDINANCE'I MUNICIPAL CODE) (third consideration). 3.42.1 THROUGH 3.42:5, M<JN - trans ortation and c collection, P major rovisionsofthe ordinance Comment: This ordinance regulates storage, includ- disposal of solidwaste. residetial solid waste up-to,and - provide for pickup _ of ,all r draft of this ordinance stated ten con- ing afour-plcx• icked up from residential units larger than a tainers would be p -]5 is felt to -four-plex upon request; however, present a better- s conducted on October balance point based on actual field survey will be 8, 1,975• The ordinance also states that weekly phot e and 18 inches in diameter.' Brush piles larger provided for allbrush and limbs tied in bundles not exceeding 48 inches long refuse picked up on a first - than this will be treated as bulky provides come, first-served req, waste haulersroperat n9 within the for licensing limits. Iowa Action: City city 1 ~' a_. r , v INTliR INTO CONTRACT WITH Item No. 10 - CONSIDER RESOLUTION AUTHORIZINGMAYOR-TO CREEK WATERSI�D MANAGE- POWERS-WILLIS F, ASSOCIATES FOR THF h1GNT PIAN. - --- - Ji- P J 3 of November 18, 1975. This item was deferred ' Council work be performed, the time Comment: and other general Thcontract, outlines amount and of' -completion, -the-amount and method price payment contract.tern�s. Total negotiated price of the contract is S80,000 and time of completion is 18 months. �. Action: �J r, , -►l e „� e, ✓ r x 7 �-vS h A j • J` - ""'� :-1, r.t. . ,# � ,..__f c...i� `.-•�•_ '.= �'4..; i Vii_ r . ted; Y i i ", L / ' '�-�.� " �/� __ i.__Y __1 i __`^ �'J'n A-2 a ._G �.G � �'f--f t -t 4 �; ,. G��� ,•.%r h a { _`G_ .- :-.. ,. C.f,;a r ..eta_! �•.`.-r✓-_.�. _. A t / l' r • Agenda Regular Council Meeting November 25, 1975 Page 5 Item No. 1I - CONSIDER RI:SOLUPfON AUITIORIZING CITY MANAGER TO INFER INTO A LEASE TO R1 iN1' A 11111 II)1 NG AT THE 411 GROUNDS. _ -- , Comment: This item was deferred from Council meeting of November 18, 1975. - - 1n order to provide more undercover storage with electrical- plug- - ins at the Service Building, it is necessary to remove several - pieces of equipment from covered storage.- Rather than store this equipment outdoors with resulting damage _due to weather elements, it is recommended that the City enter into a lease for six months - at a rate of $300 per month for 7,500 square feet of -storage -at ` -the 411 Grounds: This is an extremely favorable rental -rate and it is recommended that this resolution be adopted. Space is not - available at the County Highway garage. - Action: fb o- I )A -"—� a., ( Q t.?i .r �• ✓�.<: lJ r n �1-/T_t.. , 11 Item No. 12 - Item CONSIDFR RESOLUTION AUTHORIZING THE CLOSING OF A PORTION OF MADISON STREET TO ALL VEHICULAR TRAFFIC EXCEPT EMERGENCY VEHICLES AND BUSES • FOR A ONE-YEAR TRIAL PERIOD. Comment: This, item was deferred from Council meeting of November 18, 1975. The University of Iowa has asked that Madison Street between Iowa Avenue and Washington be closed for a one-year period to all vehicles except buses and emergency vehicles. The Planning & Zoning Commission reviewed this matter on'M:n•ch 27, 1975, and their recommendations -- have been sent to Council. A brief report from=Public Works was sent to Council on October 17. A public hearing was held November 11. Action: / , l���fl/, ! LL�{ - � ;--' : , . &.1;' c.'r'�hcc. 'q Item No. 13 - CONSIDER RESOLUTION AUTHORIZING EXECUTION OF CONTRACT TO PURCHASE LAND LOCATED AT 526 RENO STREET FROM MRS. ROY SOLNAR. Comment: At the July 9, 1975, meeting of the Parks and Recreation Commission, it was voted to purchase this property for parks ''and recreational purposes._ This property is located in the Woods Addition South of Church Street on Reno Street, just north of Reno Park. The pur- chase of this lot, which is 40 feet wide by 150 feet long, would - - extend Reno Park north. A real estate ;appraisal rby:Larry -Waters ' states the value of the property at $1;700. Mrs. Solnar has agreed to this figure. The City has agreed to pay an additional $75 for • the cost of the abstract and to _raze an old building for Mrs. Solnar which is adjacent to the proposed property. It :is recommended that the $1,775 for this property be paid out of the left -over Oak Grote development fund. - -_ Action: '_�_.i P ...� {t "I rc • n s G ^� _ _ ,_ _.. ...,. _.. i i! I'� f _ ,.. -- .. -- _ ._ ... -- ._ << f..; __ .,,, -, / } � �i .yam �.. f r � /////j Y ti _ t.. .. - [... - . •Agenda Regular Count iI Wet ing Novem])er'IS-, 1975 _ Page (i Itcm No. 14 -, CONSIDER RESOLUTION APPROVING .'17B: JOINT AGREEMENT B1 WEEN IOWA CITY LIBRARY BOARD OF TRUSTEES AND CITY COUNCIL OF IOWA CITY ry�_ TO, COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. Comment: This agreement has been approved by the Library Board. - The Library Director and the City Manager have discussed this matter and they agree this is the procedure to follow. --Action: Item No. 15 - CONSIDER MUTION TO APPROVE' CERTIFIED COPY OF THE OFFICIAL CANVASS FOR THE IOWA CITY MUNICIPAL PRIMARY ELECT'ION OF .00 OBER 21, 1975, RECEIVED FROM COMMISSIONER OF ELECTIONS, DOLORES ROGERS. Comment: Results of this primary election are as follows: John Balmer 2,382;Robert Vevera - 2,028; Carol deProsse - 2,019; Louis Eichler - 1,899; Edgar, Czarnecki - 1,602; L. P. "Pat" Foster - 1,413; Esther • Atcherson - 1,171; Gene Porter - 1,038; Barbara Bouschlicher - 800; Dale Hoogeveen - 785; John Morrissey - 2; and Penny Davidsen - 1. _ Action: Item No. 16 - CONSIDER MOTION TO APPROVE CERTIFIED COPY OF THE OFFICIAL CANVASS FOR THE IOWA CITY MUNICIPAL ELECTION OF NOVEMBER`' 4,'197S. Comment: Results of this municipal election are as follows: At large Carol deProsse, 4,890; John Balmer, 4,514; Robert Vevera, 4,370; L. P. "Pat'Foster, 4.1032; Louis Eichler,' 3,881; Edgar Czarnecki,` 3,362; Esther Atcherson, 3,103; Gene Porter, 2,198. District A David Perret, 3,935; David Clark, =3,583.-'District B - Max Selzer, 3,959; Warren Block, 3,057. District C'='Mary.Neuhauser, 4,71.0; Harry Baum, 2,744. Action: DX d _e Agenda - • Regular Council Meeting November 25, 1975 Page 7 - Item No. 17 - CORRI';PONDENCI' TO 1111' C11Y COUNCIL a. Letter from Iowa City -.Johnson County Arts Council requesting r permission tocontinueto display sculpture on the streets 0 -/ of downtown Iowa City. n-11. w Action: . a — J— b• Letter from Frantz Construction Company, Inc., requesting the Council to act on their request for rezon inMt. Prrosppecct Addition Part 3, part of Section 23-79L6, and R-2. ! ^1 1 4•F'�../ moi ,rr.•.,. Z. ( �j`4- Action: c, Consider motion to approve Petition for Suspension of Taxes for Mildred .Jennings, 815 River. Taxes have been suspended in 1973 and 1974. 14 Action: E - Item No. 18 - ISSUANCE OF PERMITS. a. Consider resolution approving Class C'.liquor license application for BMF, Inc., doing City, at wa.the C ThisOitemteam was defer ed from 213 Iowa Avenue, ry, 211 - Iowa _City, 1975. City Council, meeting of November 18, Action: fr , rl1 �f. ��� � 't r ,.Uv;•. �, `t i�� .� `t' �l.,r„ .f -r -- � i•_': 13.1 -. ',. �_: RcIalar Colmcil Wet ing - November 25, 1975 Page 3 Item No. 19 - PUBLIC DISCUSSION., �b-rc/llo— `--avaKp o-1 6Jsayt,c� l-eJ Ule�alrr� C � DYd•• l o-vxe-�� c(/rwc� C(�c( Ole Vlole�tv+t.�. rll<�-�1 1Jr o.,. 6oaIZs he ekFa-fcecl :- Item No. 20 - ADJCUME NT ., rix bo rs to0 . Jose b����p�s Q�PP..,+-a►��.�.yp�,(o.rr�.a n:.,1�FF�� ro�k/a�js. 1QWtijPO �auJ-rP 0�.. !/i1P✓. D,s.tl, ,w-t"� 1l��, 07• w�a PJ lY1 rS rkf 1 F DIV r-- : ---, v h lrL - Y�c i� r Ll /s C K i. 4-« � rra v 1 C (W — ✓ ttL/J vets k - d MINUTES OF OFFICIAL ACTIOPNS OF COUNCIL November ll, 1975 7:30 P.M. - The cost of publishing the _following proceedings and claims is $ Cumulative cost to date during .this calendar year or said publication is-$ The Iowa city city Council met in Regular Session on. the 11th day of November, 1975, at 7:30 P.M. in, the Council - Chambers at the Civic Center.Present:--Brandt,,Czarneckir ` Davidsen, deProsser Neuhauser. .Absent: none. Mayor Czarnecki presiding. It was moved by_deProsse and seconded by Davidsen to consider the amount read thus far to be a full reading and, to approve the minutes of the -Official Actions of the ,Council meeting of October 28, 1975, subject to correction. Motion' carried, unanimously. - Mayor Czarnecki proclaimed November 17 - 22 as Teacher. Appreciation Week. It was moved by Neuhauser and seconded by_deProsse that the minutes'of the meetings of Design -Review Committee, 10/29/75; the mi utesLibrLry,,10/23/75; Housing Commission, 10/2/75, and /75;;and Planning and Zoning Commis Special Meeting of 10/28 sion'speci.al meeting of 10/28/75 be received and filed. Mo- =- --'-- tion carried, unanimously. Public Hearing on the temporary vacation of Madison Street from Washington Street to Iowa Avenue as requested by the Uni- versity,of Iowa was held..-Richard-Plastino, Public Works Director, summarized the memo from their' department which stated that the vacation was basically unacceptable. 'Several person appeared, ,both for and against the; vacation - It ved by Davidsen and seconded by deProsse that all correspondence be received and x' filed and made part of the public hearing. Motion carried unani- mously. The Mayor declared and hearing closed,'and announced a five-minute recess. Mayor Czarnecki called attention to the appointment to the Nominating Committee to select nominees -for the:Chairperson andl Vice-Chairperson'of the Johnson County Regional Planning Commis - It was moved by deProsse nd. seconded by Neu - Sion cn.�a .� • _ _ ..: hauser to appoint Dorothy Douglass to the Nominating Committee. Motion carried, unanimously. _ It was moved by Neuhauser and seconded by deProsse to ap- ary for September, 1975. Motion carried, prove the Financial Summ unanimously. , ndt and seconded by Davidsentoapprove It was moved by Bra the Grant Application to.the'Iowa Arts Council in the amount of $1,500. .Motion carried, unanimously. City Manager Berlin announced the date of December 19th, as the date the city employees will have a Christmas party, at id that he ehe new and present their own expense, and sa Councilmembers would be,:able to participate.. It was _moved _by Davidsen and seconded by Brandt that the --75-2789, Amending the Municipal -Code by proposed Ordinance No. Establishing the 'Angle of Intersection between the 'side lines o£ lots and straight'street lines and by'repealingSection , 9.50.5A.4j'of the Subdiv. Code be considered and given first vote for passage." Motion carried,:nnanimously. Roll call vote on passage: Ayes: Brandt, Czarnecki, Davidsen, deProsse, Neu- hauser. Nays: none. Absent: none. Community Development Director -Dennis Rraft explained pro changes to the Ordinance No. 75-2788, Amending Chapter 8.10 of the Municipal Code by-establishing'provisions 8for non conforming uses'and by repealing sections 8.10.3.56, B.10.SD 8.10.21B and 8.10.24C of said chapter. It was moved by Davidsen and seconded by Neuhauser that the ordinance be amended as suggested. Motion carried; unanimously. It was econded by deProsse the ordinance b moved by Davidsen and se vote passage. Motion carried, unanimously. given first ' Rolf :call vote on passage:_ Ayes:_;Czarnecki, Davidsen, deProsse,' Neuhauser, Brandt. Nays: none. Absent: none. It was moved by deProsse and seconded by Davidsen that proposed Ordinance No. 75-2790,' Regulating Storage, Collection, Processing and Disposal of Solid waste, etc., Transportation, be considered and given first vote for passage. Motion carried, unanimously. Roll call -vote .on passage:' Ayes6 Davidsen, -t, Czarnecki. Nays: none. Absent:. deProsse, Neuhauser, Brand none. it was moved by Davidsen and seconded by Neuhauser to adopt Resolution No. 74-379s, recorded In Resolution Book No. 33, page 137, Authorizing Execution of IContract Regarding Agreement to Sell House Located at 7 West Burlington to Max Yocum. Roll call: Ayes: deProsse, Neuhauser, Brandt, Czar- necki, Davidsen. Nays: -none. Motion carried, Resolution adopted. It was moved by deProsse and seconded by Davidsen.to adopt Resolution No.-75-400, recorded in Resolution Book 33, page 138, Authorizing Execution of ContractRegarding 'Agreement-to Sell House Located at 120 East Court Street, to Damian Pieper. Roll 'call: Ayes: Neuhauser, Brandt, Czarnecki, Davidsen, deProsse Nays: _ none.'-Motion carried, resolution adopted. It was moved by deProsse and seconded,by Neuhauser to adopt Resolution No. 75-401, recorded in Resolution Book 33, page 139, Authorizing Execution of Contract Regarding Agreement to Sell House Located at 12 West Court Street to Max/Yocum. R011 call: -Ayes: Brandt, Czarnecki, Davidsen, deProsse, Neuhauser. Nays: none. Motion carried,` Resolution adopted. It was moved by Neuhauser and seconded by deProsse to adopt Resolution No. 75-402, recorded in Resolution Book 33, pages 140-142,; to Discharge Lien for Special Paving Assessments against property .owned by Max, Yocum to be- purchased -by_Mr. and Mrs. Perkins. Roll call: -Ayes: Czarnecki, Davidsen, deProsse, Neuhauser.- Nays: none. Motion carried, Resolution adopted. It was moved by deProsse and seconded; by Neuhauser to adopt Resolution No. 75-403, recorded in Resolution Book 33, page.;143, Accepting 'Work on the Washington Street Improvement Project done by Metro Pavers, Inc. Roll call: Ayes; Davidsen, "deProsse,-Neuhauser, Brandt, Czarnecki. Nays: none. Motion carried, Resolution adopted. It was moved by Neuhauser and seconded by Brandt 'toaaddo14t4' -Resolution No. 75-404, recorded in-Resolution Book 33, p g e for AuthorizingtheCity.Manager.as Designated all: I Ayes: deProsse, - - Purposes of Collective Bargaining. `;' RolTal'n ne. Motion Neuhauser, Brandt, Czarnecki, -Davidsen.Nays: carried, Resolution adopted. It was moved by deProsse and.seconded by Neuhauser oa145t Resolution No. 75-405, recorded in Resolution Book 33, page Resolution to Enter Into Stipulation with Local 6101 Iowa essional Firefighters. Roll call: City Association of Prof Ayes: Neuhauser,-Brandt,Czarnecki,- Davidsen, deProsse. Nays: none. Motion carried, Resolution adopted. It was moved by Davidsen and seconded -by Neuhauser that the letter from Charles C. Schauberger,,237`BoAire Trailer Court, n regarding flood control of Ralston Creek be received and filed and placed in the Ralston_ Creek folder. Motioncarried, unani- mously.' - It was moved by Brandt and seconded by deProsse that the letter from James Colbert,_V.P.-Administration,_ Iowa -Illinois Gas and Electric Company, Davenport,,: Iowa,`regarding notice of changes -to -gas tariffs be receive and filed and referred to the City°Manager and City Attorney. Motion,carried, unanimously.- It was moved by deProsse and seconded by Neuhauser that the letter to Mayor Czarnecki from Robert=Hilgenberg,-Johnson County Regional Planning Commission, regarding', an appointment _to the Nominating Committee to select nominees for Chairperson and -Vice-Chairperson "of the Commission be received and filed. Motion carried, unanimously; action -taken earlier insmeeting. Mayor Czarnecki announced `receipt -of a letter from the Highway Division` to. the Iowa Department of Transportation with the inclusion of the final Environmental -Impact Statement for the proposed Iowa Highway No..l,:improvement project which ex- tends from x-tends-from west of the interchange with proposed Freeway 518' easterly to east of the intersection with U.S.:6 and U.S. 218 in Johnson County. It was moved by deProsse and seconded by David - sen that the letter and statement be received and filed. Motion carried, unanimously. It was moved'by`Davidsen and seconded by deProsse: to adopt the following permit`resolutions=recorded in Resolution Book -33: Approving Class C Beer Permit Application for Dividend Bonded Gas, 302 South Dubuque, Res. 75-406, page 146. Approving Class C Liquor License Application for First Avenue Lounge -,dba/the Annex, ,819 -1st -Avenue, Res.:75-407, page 147. Approving Refund -on Cigarette' Perm it for Canteen Food Vending'dba/U of I Athletic Golf Course, Res. 75-408, Page 148. Roll call: Ayes: Neuhauser, Brandty Czarnecki, Davidsen, deProsse. Nays: none. Motion carried, Resolutions adopted. It was moved by Brandt and seconded by Neuhauser to adjourn the meeting. Motion carried, unanimously, 11:00 P.M. A more detailed and complete description of activities of Council available in City Clerk's�i e. May _ City .,Clerk ./ Council Activities Page 2 November 11, 1975 • and the other from Oscar Hajos who offered temporary solutions: _ a opposing the vacation were John Kammer appearing persons appearing Meyer, 2 Woolf Ave. Ct.;'Karl Kammermeyer,.-116 Ferson Ave.; eyeri oxford,2Woorepresenting the-Taxicab-Companies;'"Herbert Gartzke, Ralph606 Second Ave.; Jack Cunningham, 107=Lowell; Lou Eichler, 1302 Carroll. Those favoring the vacation were: David Goodwin, w representing the Citizens for Environmental:Action.536 Hawkeye sented documentation; Evan Thomas;"David Smither127 Slater Hall, Drive, presenting documentation; Larry Kutcher, President of Residence'Houses; Dan Rogers," 222 Iowa -Ave., re-. porting for Student Senate, Norm Coleman, 7q=esentingethe lUniBi11 Shanhouse,iDick Gibson,, and Ray Mossmaement; hone call, Henry versity of- Iowa, ,'and presenting a statement; by p Black; 422 Br )wing: Several of the persons previously'1Woodd had suggestions and alternatives, as did .the following• Y Stodden,=411 Hillcrest; Ken Dueker,:3317 Shamrock -Drive; Debra Cagan, 1030 East Court; ;,Robert Vevera, 2839 Friendship; chard Blum,'anning and'Zoning representing the PlCommission; Max Yocum, 40 Ventura;''Jim Walters; Linda Fisher, 941 Van Buren; John Gordon; Robert Welsh; 2526 Mayfield Road. It was moved by Davidsen and -'seconded by< eProsse that all-correspondence hearingnceMb�ionccarriednunani- filed and made part of the p_ mously. The Mayor declared and hearing closed, and announced'a • 'five-minute recess. Mayor Czarnecki called attention to the appointment to the on and Nominating committee to select"`nominees foional:Planningr the sCommis- Vice-Chairperson of the Johnson County Reg _ It Sion;_(item -20oint DorothymDouglassoved by atorthe Nominating Committee. hauser to app eriod Motion carried, unanimously. He also started the 30 day p t of next for: advertising for the'ards expirimi before Boardhe sof Adjustment, year on the. following Boards and Commission: 1; -Board of Appeals, 1; ,Board of Examiners of Plumbers, 1;, Human Relations Commission, 3; and:Parks:and Recreation Commission, 3. The Mayor called attention to the Housing and Community nsored by the National Association Development Conference spo of Housing and. Redevelopment Officials of Iowa to be held on November 13-14 at the Iowasportation State University Campus in Ames, and n to emb Department of Trasportatiomeeting in Des Moines on- November,l4th, and Better Communities meeting on the 13th for Better Communities Award determination. ;.He explained action '->Arts Council committee meeting concerning the County and City and the Arts"Counci relationship between the l taken atthe , possibly_a'9 member steering committee of;which-,our City mem- bers could be the City`Manager and one Councilperpositionsto eofea the City Spirit Grant. Use of CETA'funds'for the p . Secretary and a.full time Project Director would be our contri. he grant. butory match for t Page 4 Council Activities November ll, 1975 .moved by Davidsen and seconded by deProsse-the ordinance be given first vote for passage. Motion carried, unanimously. Roll.call vote on `passage: Ayes: Czarnecki, Davidsen, deProsse, Neuhauser,; Brandt. Nays: none. Absent: r' -none. -_ It was moved by deProsse and seconded by Davidsen that proposed Ordinance No. .75-2790, Regulating' -Storage, Collection, Transportation, Processing and 'Disposal of Solid Waste, etc., be -considered and given first vote for passage. Motion carried, unanimously.- Roll call vote on passage: Ayes: Davidsen, _.:deProsse--Neuhauser, Brandt, Czarnecki. Niys:l none. Absent: none. It was moved by Davidsen and seconded by Neuhauser to -adopt-Resolution No. 74-379, recorded in Resolution Book No. 33,ipage '137, Authorizing Execution of Contract Regarding Agreement to Sell -House Located at 7 West Burlington to Max Yocum. -Roll-call: Ayes: deProsse, Neuhauser,- Brandt, :Czar- necki, Davidsen. Nays: none. --'Motion carried, Resolution adopted. - It was moved by deProsse and seconded by Davidsen to adopt Resolution :No. 75 -400, --recorded in Resolution Book 33, page -Agreement • " 138, Authorizing Execution of Contract Regarding to Sell House Located at 120 East Court Street, to<"Damian Pieper.' Roll call: Ayes:"" Neuhauser,Brandt, Czarnecki, Davidsen, deProsse. Nays: none. Motion carried, resolution adopted. It was moved.by deProsse and seconded by Neuhauser to 3, adopt; Resolution No. 75-401, recorded in Resolution Book 33,- page 139,:Authorizing Execution of Contract: -Regarding Agreement page to Sell House Located at; 12 West Court.Street to Max Yocum. Roll calla Ayes: Brandt, Czarnecki, Davidsen,"deProsse, -Neuhauser. Nays: none. -Motion carried,:, -Resolution adopted. It was moved by Neuhauser and seconde& by deProsse to adopt'Resolution No. 75-402, recorded in Resolution Book 33, -pages;'140-142, to Discharge Lien for Special -Paving Assessments against property owned-by:.Max Yocum to be ;purchased by -Mr. and Mrs. Perkins., Roll `call:' Ayes: :Czarnecki, ",Davidsen,;deProsse, Neuhauser.=: Nays:' none. =Motion-carried,_Resolution:adopted. It was moved "by deProsse and seconded by Neuhauser to adopt` Resolution No. 75 -403, -recorded in`Resolution -Book 33, - page 143,, Accepting -Work on the Washington Street Improvement:: - Project done by Metro Pavers, Inc. Roll call: Ayes: 'Davidsen, deProsse,-Neuhauser, Brandt,` Czarnecki. :Nays: none. 'Motion carried, Resolution adopted. Robert,Welsh, 2526 Mayfield Road, • questioned placement of- lights =in the bikepaths. iDirector of Public Works Dick Plastino explained. Page 6 - Council Activities November 11, 1975, Approving Refund on Cigarette Permit for Canteen Food Vending -dba/U`of I Athletic Golf Course, Res. 75-408, page 148. Roll call:- Ayes:Neuhauser, Brandt, Czarnecki,iDavidsen, deProsse. Nays: --none. Motion carried, Resolutions adopted: Damian Pieper, purchaser of one of the Urban Renewal Demolition houses, appeared concerning procedures. -He-was directed to discuss the problem with the -City _Attorney. - Robert Welsh, 2526 Mayfield Road,suggested several policy changes concerning traffic and maintenance in the _new -Washington . Street area: The City Manager stated'that.these -items were being considered and recommendations-would=be>-coming--to-Council soon: - -; It was moved by Brandt and seconded by Neuhauser to adjourn the meeting: Motion carried, unanimously,` ll:00`P.M. - Mayor City Clerk J L • MINUTES IOWA CITY PARK -AND RECREATION COMMISSION RECREATION CENTER ROOM B NOVEMBER 12, 1975 Thomas Cilek Virginia Hebert MEMBERS PRESENT: Robert Kelley Mary Mascher James Sangster Flo Stockman June Davis MEMBER: - Robin Powell Ellen Flowers STAFFS Billie Hauber - --- - - --Robert Lee - Dennis Showalter See Attached List GUESTS; SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: et in Regular Session on The Iowa City Park and Recreation Commission m • November 12, 1975, with Chairperson Cilek presiding. 1975, the • *_Mascher moved and Hebert seconded Uthat nanimoue minutes of the October 8, meeting be approved as written. resented a petition'to Commission at Oak Grove Park. They indicated that Barbara-Nickniah and Patricia McGee t house or-restrooms _ requesting an area for ice skating who use they didn't feel additionaarkaislclose toties cthe ehomes of the people the o use were necessary since the p area were discussed: (1) it. Two sites for a possible skating --ball court; and (2)_a dirt area. Showalter indicated'eith-hat the request would be considered, but ;that ,he was not hopeful that either of the two proposed areas could be used for skating. _ skating areas, Showalter indicated that thark cthat Concerning existing arking lot to correct problems ossibly - ting to seal the Mercer Park p area could p is attemp year. He indicated that a skating Park would occurred there last y onds in CityPark the be established at willow creek alterpark willareporttfurther on skating be used for skating. December meeting. 10:30 to 11:00 a.m. on Saturdays, during Piayday Chairperson Cilek announced that Commissions recommendation to establish a free swim Period from_ _- rd'unanimously by Council* was apP.oveud es for the • Cilek reported that he, Mascher, and Stockman had been �g He also briefly Halloween Parade sponsored by, the Recreation Division. • discussed the November l field trip to Waterloo. Minutes Park and Recreation Commission Page 2_ November 12, 1975 e Mrk IV two Showalter announced ahatHeSBRsowaskedill eexpanded t Commissiontoiconsiderrhaving facilities in January. than one eight-week session. _six-week sessions in the spring rather ed until the December meeting. wae,deferr_ Further discussion He also reported that the Park Division had acquired the -additional The Park will responsibility of cleaning up the `downtown area. .crew duties in that area. - also have additional snow remova L Commission discussed ideas from Marilyn Levin, RecreationStaff, about be`improved-for greater use as how the old bear pens in City Park could Showalter indicated twhichlitemsat al he felt a stage (see attached` comments). exception of permanent benches, could be done with the was a consensus due to the flooding -problem. were not feasible Staff should proceed with the improvements. that carnival had been held on November 1 as Lee indicated that a_successful (Special Populations InvolvementNovemberogrrml5,t a kickoff to the S.P.I. be held.on Saturday, announced that an open house would for people who are interestedin the the Recreation Center 18,will begin operation on Tuesday, NovemS,P.I.; will formally Tuesday through Saturday of each week. have activities on • that a resolution authorizing -the purchase of the Showalter announced to Council on Tuesday, November 18. Solnar property would go The Five Year Preliminary Park and Recreation Plan, 1976-1980, that he bypurpose of ' Gene Chubb was discussed with Showalter explainingfor ds to remain the report had been to allowtheCity _eligibl- j w0ill cnomment Des Moines', BOR office,_ The report will be filed in the it might find. -: on any deficiencies * moved and Hebert seconded that, on page under Proposed Following discussion, Kelley 1976.-1980, the Preliminary Park-.and_Recreation Plan, - V be inserted regarding con of Parks I A, South River Corridor, a new Item current Item V with its four struction'of an arboretum and that the Item VI. Unanimous. subdivisions be renumbered ' Area South of Willow Creek Park, wasdiscussed withShowalter ItemI B, almost entirely indicating that the area is almfloodplain and seconded Item * has limited potential. Kelley moved the arkson page under Proposed Parks on'pag Park, ProposHeberted Area South of Willow Creek Plan be stricken. Unanimous. ry Hfor at Cattheepresent Item II,A under Proposed ParkertHiiso Regarding not sale indicated that the Woods prop Y • Showalter time. Minutes Park and Recreation Commission Page_3 November 12, 1975 * The -area west of Taft Speedway was discussed and Stockman moved and Mascher ` seconded that Item ,II_B regarding ,the area west of- Taft 'Speedway --on page 17 of the Plan be deleted. Unanimous. The proposed Happy Hollow addition was discussed with Staff indicating _ that the property mentioned is not for sale and will not be for sale in *-the future. " Following discussion, Sangster moved and Kelley_ seconded that Section III, Happy Hollow Addition, be deleted. Unanimous. At this point, it was --suggested-that-C_ommission's 1975 Priority List be - added to the Plan. Following further discussion, Mascher moved and Sangster seconded that acquisition of the 12 acre site located east of and adjacent to Hickory Hill Park be inserted as Item I B under Proposed Parks on page 17 of the Plan. Hebert, Kelley, Mascher, Sangster, and Stockman voted aye and Cilek voted nay. Motion carried. ,Stockman pointed out thatthelanguage at the top of page 16 in the first paragraph ahould be modified to reflect the preceding motion. • * Kelley then moved and Hebert seconded that anew item, I C, be inserted • on page 17 under Proposed Parks, listing the, Shay property west of and adjacent to Hickory Hill Park and north of and adjacent to the Solnar property. Unanimous; The Priority List was discussed with Cilek`stating that perhaps it would be better to light-thetenniscourtsat Mercer Park rather than dight the City Park courts. Concern was also expressed regarding the pro- posed North Market Square tennis courts in view of _opposition to the project in the neighborhood. "It was pointed out by Staff that the Priority List_ was,.subject.to change -and there was a concensus that the list should be reviewed during the budget process. With regard to North Market Square, Showalter indicated that playground equipment from City Park would be installed there`as_soon as ,the new City Parkplayground, is established.' The Zetek property was discussed and concern was expressed regarding the fate of She Zetek house. Staff indicated that they would attempt to find '* a use for the building and don't anticipate tearing it down. Hebert moved and Maschersecondedthat Staff pursue the purchaseof the Zetek property for the purpose of Cemetery expansion. Unanimous. Showalter reported that he had received a Tetter from City Manager Berlin, requesting that Commissionreviewthe Fees and Charges Policy. Devic and Stockman were appointed as a subcommittee and will report back to • Commission on the status of that policy. Minutes Park and Recreation Commission Page 4 November 12,'1975 Showalter stated that he would like to see some philosophicalstatements- and guidelines come out of the subcommittee and Kelley suggested that the subcommittee outline the past history of the current policy. Lee will provide the subcommittee with a copy of -the Sioux City Fees and Charges Proposal for its review. Cilek and Stockman briefly discussed their meeting with Mike Unger regard- ing the City Park play apparatus. Unger completed a playground design as part of the requirements for his practicum under the Recreation Education program at the University of Iowa. They indicated .they were impressed with his plan which locates the play area in the trees north of the maintenance shed. A tour of City Park was -scheduled for Saturday, Decem- ber 13, at 9:00 a.m, for the purpose of looking at the proposed site. The possibility of a joint meeting with the Riverfront Commission for the , purpose of discussing the River Corridor Study was discussed.- Showalter suggested that, rather than have an additional, meeting, perhaps the Park and Recreation Commission could -attend a'Riverfront Commission meeting. Cilek will 'contact Sam Fahr, Chairperson of the Riverfront Commission, regarding this suggestion. • Joan ,Buxton was in attendance for the discussion of putting up school record boards in the Recreation Center pool. Lee indicated he was not in favor of 'installing record boards becaused (1) he did not want to set a precedent for other groups using the Center; (2) he felt the boards would disturb-the=decor of the pool; and (3) -he stressed his feeling that the pool is a public facility. Cilek and Kelley both stated that they felt the decision should be a Staff responsibility. Following * discussion, Stockman moved and Kelley seconded that the Park and Recreation Commission support Staff in its decision not to alter the Recreation Center pool or to allow record boards at this time. Cilek, Kelley, Sangster, and Stockman "voted aye and Hebert and Mascher voted nay. Motion carried. There was a brief discussion of the concept of the mandatory dedication of park land. There was a concensus that Staff should ;pursue the possi- bilities for mandatory dedication. Showalter indicated-that_Staff will report on the zoo in December with - a final report to be scheduled in January. There being no further business, the meeting was adjourned at 10:00 p.m. Respectfully submitted, • Ellen R. Flowers -'Secretary :.. .. - t MINUTES • DESIGN REVIEW COMMITTEE NOVEMBER 12, 1975 -- 4:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM' MEMBERS PRESENT: Alexander, Gutheinz, Hartman, Haupert, Lilly, Louis, Sciberling, Sinek, Summerwill - MEMBERS ABSENT: Esbin, Lafore, Nowysz, Wegman CITY STAFF PRESENT: Alexander, Plastino, Sullivan -'OTHERS PRESENT: Dick Gibson, Joe Clements, and students RECOMMENDATIONS TO THE CITY MANAGER: d University should work together on the portion of 1. The City an - Washington Street from Clinton to Madison. and-Joyce,Summerwill are to meet with 2. Dick Plastino, Bill Nowysz, Neal Berlin to discuss the traffic signals. 3. An electrical outlet should be installed in Dubuque Street Mini - Park. 4. Development of a long-term maintenance program for the Central Business • District. DISCUSSION: A. Dick Gibson, Director, Office of Facilities Planning and Utilization, presented the University's proposal of Washington Street by the Pentacrest The major concerns are: 1) Planters blocking a pedestrian flow on the Corner of Clinton Street. 2) Delineation of 'surface area by function, i.e., brick for pedestrians, concrete for vehicles. 3) Number of light fixtures should be lessened. 4) More coordination of Pentacrest design and Washington Street. The Committee agreed that this did not require immediate action, however, channels of City -University communications_ need to be kept open. B. Traffic Signals Dick Plastino informed the Committee that traffic signals have arrived • and are the same as the previous ones. These will be painted chocolate _Z • brown. Plastino pointed out that at the July 17th meeting (minutes interpreted by the City Staff that attached) this was discussed and " be ordered. The Committee signals shouldfelt existing traffic with Neal should be set up to discuss the ramifications. a meeting C. Paper Stands dsnettc that the Committee not endorse Gillespie's the Joyce and recommended him to paint existing stands and decrease proposal but encourage number. D. Fountain Square ys and Nancy presented the sub -comm ea)eC'Therriteria rh toainterview Committecisready Fountain Square (copy consultants for this area. E. DIiscellaneous suggested Committee members meet with new Council members 1. Joyce and encourage a feeling of support'. heads along Washington Street are different than Chauncey 2, Parking __. Swan because: a) Various shades of battleship gray; b) Automatic heads are larger; s c) Low bid contract requirements; d) Stands are smaller. is December 10, 1975, at 4:00 p.m. in the Community The next meeting Development Conference Room. __ oyc Summerwill • DESIGH REVIEW 00 R12TEE Comments ret letter from Dick Gibson October 7,-1975 Brian Gutheinst I tend to agree with Dick Gibson's concern over the interface of City /university in the Pentaorest area. However. Ida not feel -that gone of the alternates'prsaented by their terests Of the consultant -:are "'appropr_iate sad in the best' suggestions do city of Iowa Oity It sense to me that their suggestions to the city the game thing ,that they are 'afraid ,tuy to them forcing inappropriate design decisions.` It appears that some change of materials at rtofrtho erace is essential due to the .divergent design character two areas. The most appropriate place to do this is atthe street right of way line and I feel;that this can be off ec- tively`accomplished. Specific reaction to some pointe identified follows: 1. Sidewalk surface - The concrete the uoe h' the Penta- crest should not be extended `on,the north side of Washington'Stsest. l cove such as this would`da10ags the visual continuity of the'W40s�nBta�theeas. I do not agree that diagonal_ soaring long periphery has design Implications -for the interior of the Pentacrest. Be* attached sketch for a third alternative. 2. Radial intersections - Thi6-obviously Rho nld be continued is the :University area. It wouldg however. - be totally incongruous in _the tiashington Street area with its`etrong`diagonal/rOctiliaear pattern. The with itshed strongketch provides a suitable alternative here as well. 30 Washington St. vehicle sons - Itreated tonehox the this area needs to be strongly . vehicle ways The major aownent'Is pedestrian cross traffic and the paving should reflect this, If sone designation is necessary. .the richness of the Paving should be downgraded and not brior. This is totally out of character with the -rest of the oonorst• street. It is my -feeling that the vehicle_lane can be effectively identified by other assns (ie - bollard 4. Lighting - Sure does .=66&1011140 a lot o light p Thin should be subjeot to mach change during final design'Jnat as -the rest of -Washington St. was. 5. I agree that the planter onthe-Southwest corner of - Clinton and Washington oreat406 a barrier to pedestrian • aove10ent My roocamendation would-be_to install grates with street trees and-elinb at• th& planter area. This would maintain the needed density of vegetation` in the area and still allow unrestricted pedestrian movement underneath•'; I I October 90, 1975 I Hr. Hike Williams - Williams/Pollock Associates I - Architect■. planners 210 North Hale Wheaton, IL 60187 I Dear Hr. Williams: The City would like to retain the services City of Iowa I land n of your firm forreviewthe dLnc Enclosed isesign of �efcontract the Washington Street Projycouu•are to.bave complete freedom to three tentative design@. s shown or you may three designbe convent and select from the r that yououou� only • - suggest alternate designs one design that y recommend We are requesting; however, an a final choice. If the anclo■ed contract, i■ acceptable,=plee@■ sign it then Big it and end return it to us. ` The City Manager will and ret o s' to you•.: We have stated that the work impossible, I ie return by-Sovhber 12ths hOve+er'if this ie to be COUP November 26th will be an alternate date. I Also enclosed are N -built drawings abowin the configuration trsinal■. etc• If sific of the street and location of lights, information please contact se. I you need any additional Since sly I A p d J. P1aK1no. P.E. Di ctor of Public works - RJp/mjc Encl. - 1 � ; ■ MINUTES OF THE DESIGN REVIEW` COMMITTEE 2:00 p.m. - July 17, 1975 Davis Conference Room MEMBERS PRESENT: Lilly, Nowysz, Esbin, Louis, Wegman, Sinek, Summerwill, Wockenfuss MEMBERS ABSENT: Alexander, Gutheinz,`Haupert, Keyes, Lafore CITY STAFF PRESENT: Plastino, Wolmershauser, OTHERS PRESENT: Mike Williams - Welton Becket, Donna Friedman SUMMARY OF DISCUSSION: - -_ 1. Donna Friedman presented design _concept for temporary kiosk for Dubuque mini -park to store hoses, for Project Green and for informational notices • DRC approved the triangular, diagonal dark wood design for tem- porary -purposes. 2. Welton Becket presented the final lighting design for Washing- ton Street. Roadway lights: Maximum 2' candle, sodium in, recessed fixture. 20' high standard: Lightolier F -1A as in amen- ities booklet: Pedestrian light: 10' foot standard: Cubed 4'headed fixture: each bulb has 75 wattage in smoked bronze acrylic, mercury ,vapor: Tobe u"Ied'in pedes trian orientation areas: benches,-trees,etc. Bollard_ lighting: 2'6" in _planted area: concealed source will throw downward light upon ground cover to.be placed in green areas. All light fixtures will be bronze anodized alumimum'on square untapered standards. Existing light and traffic fixtures in Iowa City to be painted chocolate brown • DRC approved the recommendations of Welton Becket for lighting design and fixtures-by_vote of 8-0. Examples of fixtures to be ' used are ;specified in Amenities Booklet. Adjournment Next meeting is Wednesday,Aug. 13th at 4:00 p.m. -DCDC room. �ity of-lows-CitiV, - MOR ANDY M ME_ _ DATE: November 10, 1975_ Design Review Committee 10: Subcommittee Nancy Seiberling and Fountain Square FROM:uare and Downtown Greenways RE: Statement of Intent for Fountain Sq w concept which incan Provideea oldth Fountain Square, a ne- and new aspects of downtown Iowa Cit tfor our changing stabilizing and harmonizing elementnature urban scone,' At the it can offer a setting for activities of a social, festive or cultural and by its aspect and design truly express its role as the heart and spirit of the city. The pedestrian approaches should be thought of as greenways, planned is part of the total environment of which `Fountain Square is the focal -point. There must be continuityin tareahe esign of landscape and structural elements through this the development of The ollowing criteria should govern f the design for the fountain: 1 The work should be conceived of as toether envital ronment t in which all the elements working g place for participation. through and Z. It should be possible to walk ng watercisate in the water display.; The effect of falling `preferred. g, ,There -should be no hard line of denarcation edestrianbetween environe fountain itself and 'the surrounding p went. q. The fountain should be thought of as an outgrowth of the pedestrian mall and not a 1 event s a separate element in space. _ It is an enviroonmeofesculpturenashare the ich esolid people are as much a p art forms. indi6. It must be made oar materials. ts irgonment and s to lnot ts sanrobject gs because it is a p ointed out that Iowa city has within it. It could be p two local natural water features: the Iowa`P.iver am Ralston Creek. • Design Review Committee November 10, 1975 Page 2 G. The fountain is the focal point of a four-block pedestrian area. Movement from all directions 'will converge on the fountain as the symbolic center ofthedowntown. 7. Its major vertical features should be placed deliberately off-axis to avoid the Renaissance quality of static visual relationships in space.` S. An additional function of Fountain Square will be to serve as a theater for other events, such as happenings, art festivals and exhibitions,, musical activities, and dramatic presentations. Appropriate power-sources should be provided. _ 9. Its general nature should be broader than tall so as to be expressive of the horizontality of the Midwest and the prairieofwhich we are a part. 10. It should be remembered that the water will be off and the pool drained for a period of at least four months during the winter. This area must-still be an 'exciting visual event during those months. Careful attention should be given to the 'quality of solid forms and the treatment of the pool bottom to provide an exciting and changing environ- ment with or without water. /sc • 0?IC OF SENATOR io.T, C. CUi,JERC�?�tnC ?�tTc 5i0UCH UNI, t 5 AiTES BET-.A� 202-224-wKhh WASHINWON, D.C. 20510 _ FOR RE1EASE ?.:4. CCTO� 31, 19'5 DUBUQUE - OCTOBnt 31 -•- Senator John Culver (D -Iowa) tonight called for an extension of revenue sharing for -five or a minimum of three -- years in order "to give lead time to state and local governments for prudent planning of operating budgets and capital investments." Culver, who -spoke at a community neeting here honoring members of voluntary municipal boards and commissions, said that "general revenue sharing is one innovation of government in recent years .that -has -proved its worth as a constructive and cohesive element in our federal -state -local system. "It has permitted local officials who know local needs the best a measure of flexibility sorely needed in governmental decision-making," the Iowa Senator stated. "But if it is to continue to work, it must be extended over along enough period to allow state and local officials -to exercise the foresight that is essential to maximum efficiency.and economy in government." Culver added that "the record shows that, by and large, Iowa has made responsible use of its revenue sharing, funds." Culver continued, "I have seen' documentation of the fact that many constructive, urgently needed projects have been carried out by counties and -municipalities that would have been impossible` without these general revenue sharing funds. "And this," Culver stated, "is true to the central legislative purpose of the revenue.sharina act." -- Culver, said that while he supports extension of general revenue sharing'"' n its presentgeneral form, some problems have arisen that will have to bedealt with by Congress when legislation for extension of the act is considered. It appears that not all areas have as responsible a record in the use of these funds as Iowa does.. "There is evidence that some funds have gone to communities with little need cand :into projects with little social impact. Some modifications of the present program need to be made and doubtless will be made. But the basic fc_-?t of the Mrs: inn 5;?Ouluu: t_.: reserved, and 1 expect it to be,. a!thourh the leg1-t.1.:'ion may experience some heavy sledding before final enactment." Culver said that according to sources in the Congressional committees handling revenue sharing, it would appear that the extension legislation will come up early next year. Nb'NNNNNN r-; ORDINANCE N0. 75-2788 AN ORDINANCE AMENDING CHAPTER 8.10 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY ESTABLISHING PROVISIONS FOR NON -CONFORMING USES AND BY REPEALING SECTIONS 8.10.3.56, 8.10.5C, 8.10.5D, 8.10.21B AND 8.10.24C OF SAID CHAPTER. BE IT ENACTED BY THE CITY, COUNCIL_ OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the Municipal_Code to establish provisions for non -conforming uses. SECTION II. AMENDMENT. The Municipal Code of Iowa City, Iowa, is hereby amended by the following: - L (8.10.3) Definitions. 20a. CONVERSION. Any change in a principal use to another principal use. 55a. NON -CONFORMING BUILDING. A building or portion thereof, existing at the effective date of this Chapter or any amendments thereto; which does not conform to the provisions of this Chapter relative to height, area or yards for the zone in which it is located. 56. NON -CONFORMING USE. Any use that is not permitted within the zone in which it located by reason of the adoption ofthisChapter or subsequent amendments thereto. 70a.- STRUCTURAL ALTERATION. Any change in the configuration of the exterior walls, foundation or the roof of a building which results in an increase in the area, height or volume of the building. 72a.- USE.; The purpose for which land or a_building is intended or for which land or a building is or may be occupied. II: (8.10.5) GENERAL EFFECT OF THIS CHAPTER EXCEPT AS HEREINAFTER PROVIDED: _ C. No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations -for --the zoneinwhich the building is located or as otherwise provided in this Chapter. D. No building shall be erected, converted,enlarged, reconstructed, or structurally altered except in 'conformity with the yard regulations for the zone in which the building is located or as otherwise provided in this Chapter. Page_ 2 • • Ord. No. 75-2788 -2- III., (8.10.21B) NON -CONFORMING USE REGULATIONS. A non -conforming use may be continued and, if there are no structural -alterations, such a use may be converted to a use permitted in the same or higher zone. If it is changed to a use permitted in -a zonehigher than the zone.-in-whichh theexisting use;is_permitted, it _cannot be changed back to a use permitted in a lower zone. If .it ischanged to a conforming use, it cannot be changed back to a non -conforming use. For the purposes of this paragraph the "same zone" means the most restrictive zone in `which `.the -non -conforming use is a permitted use; a "higher zone" means a zone which is more_, restrictive_ than the most restrictive zone in which the non -conforming use is a _ permitted use. IV. (8.10.24C) AREA REGULATIONS. Any building that is in violation of these area regulations may be repaired or remodeled but not recon - structed or structurally altered provided, however, that no further violation of any part of this Chapter or reduction of the area regulations in noncompliance is created. SECTION III. REPEALER. All other Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, as are Sections 8.10.3.56, 8.10.5C, 8.10.5D, 8.10.218 and 8.10.24C of _ the Municipal -Code of _Iowa City. SECTION IV. SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or uncon- stitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall become effective after its final passage, approval and publication as provided by law. It was moved by Davidsen and seconded by Neuhauser that the Ordinance as read be adopted, and upon roll call there were: i ORDINANCE NO. 75-2790\ - • AN ORDINANCE REGULATING STORAGE, COLLECTION,,TRANSPORTATION, PROCESSING AND DISPOSAL OF SOLID WASTE; PROVIDING-FOR COLLECTION - AND DISPOSAL OF SOLID WASTE; ESTABLISHING A PERMITSYSTEM FOR ' PERSONS-ENGAGED'-'IN THE BUSINESS OF.COLLECTING, ':TRANSPORTING, . - PROCESSING OR DISPOSING OF-SOLID WASTE;-PROVIDING FOR""THE DIS-- _... _... POSAL OF NONCONFORMING SOLID WASTE CONTAINERS; PROVIDINGHEARING PROCEDURES FOR CITYDETERMINATIONS OF ORDINANCE OR. RULE:VIOLATIONS; PROVIDING FOR THE DIRECTOR'S RULE MAKING-AUTHORITY;PROVIDINGA - --:-PENALTYFOR VIOLATION OF- THE ..PROVISIONS OF.. THIS =ORDINANCE; -AND -' REPEALING_ ORDINANCE NO. 2291-AND ORDINANCE NO..2286.2_(SECTIONS " 3.42.1 THROUGH 3.42.5, MUNICIPAL. CODE). BE IT ESTABLISHED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The: purpose'of. this ordinance is to provide for the.; health, - safety,'andwelfare of the citizens of .Iowa City by regulating the storage, collection, transportation, processing and disposal of solid, waste, and providing for the collection` and -disposal of solid waste. -- - - SECTION II. DEFINITIONS. For the purposes of this ordinance the following terms shall bedeemed -to havethemeanings indicated below: "Bulky rubbish" means non-putrescible solid wastes consisting of combustible and/or - non-combustiblewaste.materials which are either too large _or:_-too heavy. to be safely and conveniently loaded in solid waste transportation vehicles by solid • waste collectors, with the equipment available. "City" means the City of Iowa City, Iowa. "Collection" means removal of solid waste from its place of storage to the trans- `-:portation vehicle. - - -- _ - "Demolition and construction waste" means waste materials-from the construction or destruction of residential, industrial or commercial structures. "Director" means the City Manager of the City, or his/her authorized representa- tive. "Disposable solid waste container" means disposableplasticor paper sacks with a: capacity of 20 to 35 gallons specifically designed for storage of solid waste. "Dwelling unit" means any room or group of.rooms-located -within a structure, and forming 'a single habitable unit with facilities which are used, or are intended to be used,.for living, sleeping, cooking and eating. "Garbage" means putrescible animal or.vegetable wastes resulting-from the handling', preparation, cooking,` serving, or consumption of food. "Hazardous wastes" mean including but not limited to: pathological wastes, explo- sive wastes, pesticides, pesticide containers, toxic or radioactive materials. • "Multiple housing facility" means a housing facility containing more than one 'dwelling-unit under' one roof. "Occupant" means any person, who alone or jointly or severally with others,' shall be in actual possession of any dwelling unit or of any other improved-real property, either as owner or tenant.__ - Ordinance No. 75-2790 • page 2 "Person" means any individual, corporation, government or governmental_subdivi- sion or agency, business'"trust, estate, trust, partnership or_,association, or any other legal entity. "Processing" means incinerating, composting, baling, shredding, salvaging, COM patting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced. "Refuse" means solid waste.' ials a solid or •Solid waste" means unwanted or discarded arbawaste e, asheserstreetnrefuse, rubbisshh, solid state, including but not limited to g a wastes„ discarded, appliances, agricultural wastes, Yar dead animals ,'animal and and demolition and construction wastes. special wastes, industrial wastes, re Sul (a) commercial solidwaste solid waste- -titutionalornagricultuoperation ralestablishf any commercial, ment, and multiple housing facilities with more than four (4) dwelling units.< the aste ting nt (b) Residential solid waste units,solidwexcludinglmultiplemhousi glfacilities operationand dwelling with more than four (4) dwelling units. "Solid waste container" means a receptacle used by any person to store solid waste during the interval between solid waste collections. • "solid waste disposal" means the process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man. collec- "Solid waste management" means the entire solid waste system of storage, tion,transportation, processing and disposal. ste from the time of its "Storage" means keeping, maintaining or storing solid wa production until the time of its collection. rom the place of collection "Transportation" means the transporting of solid waste f processing facility or solid waste disposal area. or processing to a solid waste "Yard wastes" mean grass clippings, leaves, tree and bush trimmings. SECTION III. SOLID WASTE STORAGE. Section 3.1 - The occupant of every dwelling unit and of every institutional, commercia business, industrial or agricultural establishment producing solid_ all r sufficient demolitiontand construction waste containers for the e to ge of waste shall provide serve each solid waste except bulkyubbish ad such dwelling unit and/or establishment; and to maintain such solid waste containers in good repair. Section 3.2 - The occupant of every dwelling unit and of every institutional, • commercial, agricultural or business establishment shall place all solid tainers waste to be and Collected in maintainrsuch solid waste containers oper solid waste.COnland cthe areaept as tsurrounding thise em herein, a Condition at all times. in a clean, neat and sanitary 75-2790 • • Ordinance No- page 3 o.page"3 Section-3.3 - Residential solid waste-shall be stored i contners shof not • � cellons nor less than 20 gallons in capacity. covered be more. than 35 gfly-tight lid and shall'; be properly leakproof, waterproof, and fitted with a contents thereof. at all times except when depositing waste therein or removing the The containers shall have handles, balls manufacturedor other forresidentiallifting vsolid waste,- The type origir Lally con with shall be of a easy emptying.They shall be of light weight and; sturdy with tapered sides for easy sh plastic containers struction. The weight of any-individual container and contents shall not exceed 75 pounds. -Galvanized metal containers, or rubbebe used.ass, orDisposablesolid waste which do not become brittle e- cold weather, alsoYbe used for storage of residential containers as approved -by-the-Director Director may solid waste. Section 3.4 rCommercial solid waste-shallbe stored in solid waste containers as approvedhe director. .The containers shwast allethereinrorfremoving theproof acont contents be covered at all times except when depositing thereof. Section - Residential solid waste containers shall be stored -upon private property. ranted written permission from the, city to use Commercial solid waste containers shall be stored upon private property unless the owner shall have been g ection public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire insp personnel. Section — Tree and bush limbs less than 4^ " lowd 18diameter indiameter brush shall be • securely tiedin burs. Thetlarger weight ofhany4individualdbundlenshallenot exceed 75ppound s. in storage co -The weight of any individual container the dispersal of wastes. - - constructed and main- Secti�•? Yard wastes shall be stored in containers so tained-as toprevent and exceed 75 pounds. contents shall n of Section 3.8 - Any container that does not-caon�oormats lidSectwasteions 3container 4upon thisordinancest be promptly replaced by an PP If not replaced --- thecontainer-.anditscontents may receipt in notice mu to that effect from the city to the occupant- within seven days after receipt of such notice, be disposed of by the city as waste. If an occupant contests the city's determination determination by'requesting a hearing in that his/her container does not conform to Sections 3.3 or 3.4 of this ordinance, he/she may obtain a hearing on the city's- term shall be made to the Director of writing upon receipt of the notice. The req safter.receipt of the Public works of the City, and shall be made within seven day to notice. Notices for purposes of this section shall be'attaanddshallhsupply ainforma- determined to be in violation, shallobtabed agAlhearinq uponthedetermination may be tion as to how a hearing may be obtained according to the provisioof section Viii. ns SECTION IV. COLLECTION OF SOLID WASTE Section - aste Once Per week, the city shall collect all residential g units. royal of the Director, the City shall provide collection resulting from the operation and maintenance of four (4) or fewer dwelling ion • Upon request, and upon app to a ...z — to multiple housingfacilities of more than lid waste containersnpernpr property area under of fifteen (15) pped separate ownership. Ordinance No. 75-2790 • page 4 waste collected shall, upon being loaded into transportation equip - All solid arty of the collection agency.. - • s are ment, become the pr°P rubbish from premises ue t ifhit doesnotexceedereasonable Bulky ❑ req romulgated Section 4 2 will be collected uP° regulations, to be made and P provided city to be fixed by limitations of weight and bulk eater than four (4) inches in diameter or tree and rubbish. by the director. Tree limbs g and 3.7 bush trimmings not tied in bundles shall be colas described in sections 3.6 d and wastes, laced at the curb or alley,foz Section 4.3 - Tree limbs c Y and wastes created'by commercial tree service - c solid waste containers shall be P not be collected. weekly collection. Tree limbs and Y the clearing of land for constru°tion will or other operations or by i tree limbs, yard wastes, Section 4.4 - AlY solid waste containers. laced ed -at curb for collection shall. solid waste permitted by before the regularly scheduled collection ��• this ordinance to before p m, on the day the same day collection is made', Placed until 5:00 p•the of any not be p possible to the side or back day. containers shall asrneareasfreasonably rP° n and returned t°.a.P ro erty, on the property, the collection of permanent building responsible for transP°rtation vehicle provided the Solid waste collectorsto the be respo 3 5, 3.6 and 3.7 of this Section 4.5 3. 3 r 3.4 , ��— point of collection to the the duties Of the solid waste from the Psections caused as a result of transportation vehicle by or blowing litter transpo -solid waste was stored in compliance -with sect la ed in, the ordinance.AnysPillage.. _ solid waste collector shall be aolleoted and p • the solid waste collector. TRANSPORTATION OF SOLID WASTE clean SECTION V. prevent erated.to P All transportation vehicles shams nta�edtandeopin a safe, Section 5.1 - be constructed, maintained n'of_solid waste shall and shall transpo an integral and sanitary condition, All vehicles used for of solid waste. -, d with covers which shall be fasteners spillage whenever water -tight bodies an d shall be secured be constructed with crate cover of suitable material with the cover to the vehicle an the entire bodies part Ofthevehicle or shall be a sap as an alternative, ` designed to secure all rngssolid waste, °L� sed. the vehicle'is ad with only loading hoppers expo No solid waste shall be trans- shall be enclosed, hoppers. or disposal ported in the loading required for the removal, hauling however, all such - Permits shall rad ng or excavation activities;_con-tructed and Section -n thepublic ed in tight vehicles, trucks or receptacles,111 up° of earth and rock material from g transported ;shall spill material shall be convey maintained so that none of the material being right Of way' Section 5.3 - _Transportation and disposal of demolition and construction wastes VI - shall be accordance with sections V and VI. SOLID WASTE SECTION -VI. DISPOSAL OF facility or.. sited at a processing of state law - Solid wastes shall be deposited with all zecuizements • Sectio roved by the city and come Y disposal area app table classify certain wastes as hazarnner-acceps _ The director may sed of in a manner ons. Section 6.2 special handling and shall be disposed which will req will meet all local, state and federal regulations, to the director and which :15 H96 -ordinance No. page 5 • - SECTION VII. PERMITS. -- - - Section 7.1 No person shall engage in the business of, collecting, transporting, processing or disposing of solid waste within the corporate limits of -the city without first obtaining an annual permit from the city,- provided, however, that this provision shall not be deemed to apply to employees of the holder ofanysuch permit. Section 7.2 - Each applicant for any such permit shall state in his application: (a) the characteristics of solid waste to be collected, transported, processed or disposed; (b) the number of solid waste transportation vehicles to be operated; (c)i the precise location or locations of solid waste disposal facilities to be used; (d) such other information as required by the -director. Section 7.3 If the application and inspection shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public- health ublic health or damage to the environment and inconformity with the laws of the State of Iowa and this -ordinance, the director shall issue the, permit authorized by this ordi- nance. A permit sticker shall be applied to the upper right-hand corner of the rightdoor of all transport -vehicles. ----The permit shall be issued for a period -of -one year, and each applicant shall pay a fee of one dollar ($1.00) for each transporta- tion vehicle to be used. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the reapplication comply with the provisions of this ordinance. Section 7.4 The annual permit may be renewed after inspection and approval of all collectionandtransport vehicles and upon payment of the fee or fees as -desig- nated he if the business has not been modified. Nopermitsauthorized by this • ordinance shall be transferable from person to person. - Section 7.5 - In order to insure compliance with the laws of this state, this ordinance, and _the rules promulgated pursuant` thereto,' the director is authorized to, inspect all phases of solid waste management -within -the city.- No -inspection shall be made in any residential unit unless authorized by the occupant or by due process of law.` inall instances where such inspections reveal violations of this ordinance or rules promulgated• thereto for the storage, collection, transportation, processing or disposal of solid waste, or the laws of the-stateof Iowa, the director ..�shall I issue a notice for each such violation in accordance with section VIII of this ordinance. SECTION VIII. HEARING PROCEDURES. - - - Section 8.1 - If the city determines that any person is in violation of this ordinance, or any rule promulgated pursuant to this ordinance, the city may, withhold' - solid waste management services from that person, may deny orrevoke,any permit applied for or held under section VIZ of this ordinance, or may dispose of a garbage' container that does not conform to sections 3.3 and 3.4 of this ordinance. Notice of any such determination made by the city shall be given in accordance with section 8.2, unless some other section specifies a different form of notice, ? in which case that different form of notice shall be controlling. Section 8.2 - The notice shall a. be in writingr Ordinance No. 75-2790 . • page 6 • the solid waste management ordinance have been found; C. describe the violation(s)_in reference to the applicable provisions - of the ordinance or rules; d. advise that the person determined to be in violation may secure an administrative hearing upon said determination by filing a written request within seven (7) days after service of the notice ,with the - Director of Public Works of the city; e. state that the city's determination will -become a_final order unless an administrative hearing is requested; f. advise what steps can be taken to remedy the violation(s). The notice shall be deemed to be properly served if it is served personally, or if a copy thereof is sent to the person by certified' mail,_ return_ receipt requested,` at his/her last known address. Section 8.3- Anyperson who shall be served a notice in connection _with the enforcement of any provision of this ordinance or rule promulgated pursuant thereto, may request a hearing thereon before the City Manager, or person designated by .him/her [hereinafter: thehearing officer], within seven .(7)'days . after service of the notice. Such hearing shall be held within a reasonable time thereafter. All parties concerned shall be notified in the manner, prescribed in this subsection of the time and place of the hearing, so that all parties have an opportunity to respond - and present evidence and arguments an the issues involved. Following the hearing, the hearing officer may affirm, modify, or reverse the city's determination, and 'issue a`final order in the matter. The hearing officer shall promptly notify all parties of the decision by personal service or certified mail, return receipt requested. Section 8.4 - All of the proceedings of the hearing, including notices and the decision and any order of the hearing officer, shall be entered in the office of the City Clerk as a matter of public record, and kept for at least two (2) years. SECTION IX. - RULES AND- .REGULATIONS. -- The director may make, amend,; revoke and enforce reasonable and necessary rules and regulations, governing, but not limited to: - --(a) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof. (b) Weight and size limitations on bundles of solid waste too large for solid waste containers. (c) Sanitation, maintenance and replacement of solid waste containers. • (d) Schedules and routes for collection and transportation of solid waste by city personnel. (e) Collection points of solid waste containers. - Ordinance No. 75-2790 • • page:.? _ n, processing and disposal -of solidwast (f) Collection, transportatioe. • (q) Disposal facilities and the use thereof. (h) Storage of solid waste in solid waste containers. eceived at disposal facilities. (i) Records of quantity and type of wastes r (j) Handling of special wastes such as toxic wastes, sludges, ashes, s, etc. `. Lure, construction, bulky items, tires, automobiles, oils, greases, etc. (k) Special carry out service for the elderly and handicapped. solid waste resulting from the operation and (1) Collection of residential ling un maintenance ofmorethan four (4) dwel (m) Billing and collection of disposal service charges at the Iowa City Landfill. (n) Hours of operation for the Iowa City Landfill. A copy of any and all rules and regulations under the proall isionsi able hereof reoffsh be be filed in the Offall ice of the City Clerk of the city and ing normal business hours. public inspection dur SECTION X. LIEN FOR SOLID WASTE SERVICES PROVIDED: • makes a final determination that any person has violated a provision promulgated pursuant to this ordinance, it may withhold' o If the city of this ordinance, or any rule solid waste management services from the Pre desiresmises rnothto withholdeservices�for il e violation is corrected. Howeve=ovideif tthehe cservices, and', certify the, reasonable cost public health reasons,„it mayCounty P of these services to the County Auditor,'where lthis cost shall constitute a lien upon the premises served, to be collected in the same manner'as taxes. SECTION XI. PRDHIBITED PRACTICES• solid it shall-.beunlawfulfor any person to: (1) deposit solid waste in any: wn, without the written consent of the owner of such waste container other than his o container (2) interfere in any manner with solid waste collection and transportation equipment, ful performance of their duties. or with solid waste collectors in the law SECTION XII. PENALTIES -lawful Any person viany olating any of the provisions of this ordinance, oordinance, promulgated which have rules or regulations been adopted by. upon conviction, shall be punished by a fine of not less than five ds violation nor more than one hundred dollars ($100.00); provided that each day's violation - thereof shall be a separate offense for the purpose hereof. SECTION XIII. REPEALER ordinance No. 2291 and Ordinance No. 2286.2, (3.42.1 through 3.42.5, Nainicipal •and all other ordinances or parts of ordinances in conflict with this ordinance, CO),de are; hereby repealed. -. _ fit ererK AGREEMENT; This Agreement, made and entered into this 3rd day of December a municipal corporation, hereinafter 1975, by and between the City wers-Willisf Iowa yand Associates referred to as the City re Iowa City, Iowa, hereinafter referred to as the Consultant.,' Now,toes retain it is hereby ag reed by and between the parties hereto that the City does retain and'cmpioy the said Consultant em act for and represent farms and conditions and stipulations, it in all matters involved in the terms of this Agreement. Such contract o employment to he, ,subject to the following to -wit: Consultant shall not commit any of the fol nssubcontractslowing employment practices and agrees ns prohibit -the following practices in any . a)' To discharge from employment or refuse n hire any individual because of their race, color, religion, sex `or national origin. against any individual in terms, Conditions, national privileges color` religion, sex or national b) To discriminate ag .; of employment because of their race, origins 1 - SCOPE OF SERVICES ned in the attached Ralston Creek The'Scope of Services shall be as outliIowa City and the Watershed Management Plan-submitpeoers-Willistando the CiY.OfAssociates/Lindley basons, n ( Creek Coordinating Committee by `-This Scope of Services shall be modified in' the following manner: Inc. La Le 5, Paragraph 2 shall be deleted and shall read as follows: 2. Runoff Control - The Consultant shall prepare a storm water lying idetention ___-� 1, ation to all undeveloped land ly As art ordinance suitable for app re ared analyzing the following watersheds which contribute to water flow through Iowa City. of this ordinance a report shall be p P detention= factors related to storm water or reducing flooding a. Degree of effectiveness in preventing water detention b. Advantages and disadvantages of storm c. Ease of impelementation and maintenance costs d,- Initial construction costs and operation e, Legal basis (to be coordinated witlpCity Attorney) ater detention f, `Public acceptability of storm w P+ae 6 Parara h P - sufficient copies of the final report following 1, Recommended Action Furnish the review draft from.the City receipt of inal written comments On and the Committee.` pagepaoehon K 1, Eaga�l i� - This section shall be amended to read as follows: Throughoutthecourse of the Study the City Attorney will be consulted - and to. watershed water to review and write on pertinent issues with water reg uisition management.- These issues will include laws ,measementeornpr property acq image laws, and intermediate rights and responsibilities, rights, flood damage eand responsibilities. property owner rights and responsibilities. al review will be addressed to the statutory authority and case The leg activities and defining responsibilities law allowing for undertaking define constraints placed to carry them out. It will also attempt to i►i10R 3P.dlyjduals and the public from certain activities. The legal implications of the various financing mefh6ds fof i.ty,s-,I and legal implications solutions will also be coordinated with the City's legal ong staff. Agreement • • Page2 C Page 20 Section D Evaluate Proposed Plan Amend the second paragraph to read as follows: Economic_analysis of proposed solutions will include capital cost, operation and maintenance cost, annual cost and cost -benefit analysis. whetr the All feasible solutions will be reviewed toineterine he vent that a largeolution can be implemented in incremental steps. - expenditure of funds is not possible, solutions should.be presented proach to solving by the Consultant which will allow an incremental ap flooding problems on-Ralea=n CProposalseby lwillealsopbedstudiediture ufot operational funds each y implementing. _capital intensive solutions in phases over a multi-year time period. Sources of potential funding will be investigated. ' II - TIME OF COMPLETION in 90 days after the Section 11 Interim Solutions, is to be completed with Notice to Proceed. Section III, Identify Watershed Problems $ Needs, and Section IV, Inventory - ions; will be completed six months after completion and Analysis of Existing Condit of Section II. Section V, Develop Watershed Management Plan, will be completed nine months after the completion of Sections III and IV. III - GENERAL TERMS- 1) Should the City abandon the project or terminate this agreement as herein provided before the Consultant complete the work contemp shall lated by this Agreement, said Consultant shall be paid on the basis of direct personnel expense :Agreement, multiplier as herein attached -for -the various classes of personnel actively engaged on the project for all work satisfactorily_Suchleaedentrshall work and services performed up to the time of termination. _ Pym specifically dealing include, at actual cost, all outside expense incurred while- with this project. Said Consultant shall furnish receipts therefore or certified It is further agreed that.upon 30 days notice, either party copies thereof. may terminate this Agreement. In no case shall this sum exceed the amounts listed under Section IV of this Agreement.' e 2) This Agreement and each and every portion thereof shall -be binding upon the successors and the assigns of the parties hereto. .Provided,.however, that out the written consent of all parties to said no assignment shall be evade with agreement. the all retain 3) It is Igreeththat roughoutethisrstudyllis � Associates SaidhConsultant shalleberresponsibles Of ley and Sons, for the compensation, insurance and all clerical detail involved in their employ- ment. 4) It ,is agree needed for said project willbe made available by said City up d by the City that all records and files per to information on request of the Consultant. S) It -is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa city, Iowa. 6) It. is further agreed that in the event of any disagreement as to the tual meaning or scope of this Agreement that canthendisagreement shallt be worked out ebehreferred satisfaction of'both parties concerned, tote three member arbitration panel with one member selected by the City. one selected by the Consultant and the third to be selected on the he arbitrators. Eodl p@rty Will he finally and fully bound I the decision of the arbitration panel and said panel shall liaVe fill mit t6l'fGy f6' SfWgte a$ EP C= es. Nothing herein _shall be construed as preventifig arbitration between the parti subsequent appeal to a court of law from the decision of the-arbitrators he appealing party, such costs and expenses of said appeal shall be borne by appealing P y' Agreement Page 3 • • 7) The Consultant shall attend such meetings of the City Staff relative to_the work set forth inthis contract as may be requested by the City. Any'requircments made;by_representatives of the City shall be given withsonable notice to- rea to the Consultant. the Consultant so that he may attend. Such requests shall be made in writing -- 8) The Consultant agrees to furnish, upon termination of this Agreement or upon demand by_the City,,copies of all basic survey notes and sketches, charts, computations and any other data prepared or obtained by the Consult to thisant pursuant Agreement, without the cost and without restriction or limitation as ` to their use. 9) The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to'satis- factorily perfo=, in accordance with this Agreement, shall constitute for the City towithholdpayment in the amount sufficient to properly grounds complete , the •project in accordance with this Agreement. 10) Should any section of this contract be-found-to be invalid, it is 'agreed that all•other sections shall remain.in full force and e from the part invalid. ffect as though z severable. 11) Direct Personnel Expense for the purposes of this contract shall be.defined as cost of salaries and of mandatory and customary benefits such as statutory -_ ( employee benefits, insurance, sick leave, Iholi days ;-and vacations, pensions and similar benefits. Said Consultant shall furnish receipts therefore or certified copies thereof. 12) Itis agreed that the Department of Housing and Urban Development, the Comptroller General of the United States or any other duly authorized representatives. shall have access to ,any books, documents,papers and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examination exerpts and transcriptions. IV COMPENSATION FOR SERVICES 1) The City, hereby agrees to pay for the services stipulated herein on the basis of the following fees: - a ' a) The Consultant will be paid a lump sum of $80,000 for the study. This lump sum payment is to include all costs for the project including Direct Personnel Expenses, outside expenses to the Consultant and any other costs associated with the study. ' b) Each month the Consultant shall be paid 1/M of the total fee-up to a maximum of 15/18 of $80,000. The final 3718 will be paid upon successful.completion of the entire plan of study and acceptance by the City. 2) Fees will be due and payable monthly. 3) All provisions of the Agreement where not specifically defined other-wise shall be reconciled in accordance with the highest ideals of the engineering profession and the Code of Ethics therefore as set forth in the 1972 Suggested Guide for_SeZection and Compensation of Consulting Engineers and Land Surueyore published ,by the Iowa, Engineering Society and the Consulting Engineers Council of Iowa. The undersigned do hereby covenant and state that this contract is executed in, triplicate asthougheach were an original-;and that there are no oral agree- _. ments that have not been reduced to writing in this instrument. - ATTACILMEN-T TO CITY OF-IO:JA.CITY AGREEMENT FOR -- _..RALSTON CREEK WATERSHED MANAGEMENT PLAN. - POWERS-WILLIS AND ASSOCIATES" --- IOWA CITY, IOWA SCHEDULE OF HOURLY RATES Abandonment or TerminationofAgreement_._ _ For the various_ personnel of the firm the following schedule of charges -for -services will apply for all work performed under the agreement for the Ralston Creek Watershed Management Plan. - -_. - DIRECTPERSONNELEXPENSE >� - PWA CLASSIFICATION _-- - -- HOURLY RATE X 2.0 MULTIPLIER Clerical $ 8.00 Grade A Technician 7.00 Grade S Technician 10.00 Grade C Technician 12.00 Grade D Technician 14.00 e ---Grade-1 Pre -Professional - - 17.00 Grade 2 Pre-Prefessional 19.00 - - - Grade 3 Pre -Professional - ----- - 21.00 - Grade 4 Professional - - -24.00 - -- - - - Grade Professional - -- --._.-27.00 Grade 6 Professional (Associate) _. 29.00 Grade 7 Professional (Principal) 35.00 - 12-1-75 - �\�` -CITY OF IOWA CITY \� DEPARTMENT OF PUBLIC WORKS MEMORANDUM DATE: November 11, 1975 and. City Council ers TO: Neal Berlin, City Manager , FROM: Richard Plastino, Director of Public Works RE: Ralston Creek Watershed Management Plan Negotiations have been concluded with Powers—Willis and Associates concerning the final Scope of Services and compensation for the Watershed Management Plan. Attached is afinal draft of , the contract agreement and also attacBLeaofetheastudyed breakdown of the final fee associated with each p_ As can be noted from this attachment, the fees for major divisions are as follows: 1 Storm Sewer Mapping $ 12,750 11,000 • II Interim Solutions III inventory Analysis - 24,250 32,000 IV Watershed Management Plan TOTAL PROJECTED PROJECT FEE $ 80,000 le This fee representsaa f: ingthe;Scopure e ofaServiceat after ccouldebe reducedutoian concerningwhat absolute minimum and yet maintain the usefulness of the study. The Storm Sewer Mapping is an essential-part of the basic data to evaluate storm drainage-problems-and,-solutions.- needed._Normally lable i most of this information wouldsucherecordaady be eoniatorm drainage bhavle e been but in the case of Iowa City, for the, kept only for the last few years and ,thus the inf.ormationins'be extremely most part, not available. Not only butlsuch a set eofmstorm gsewer ,maps "useful for the Ralston Creek Study, -en ineering problem solving. has been needed for some time for day to day. g in :several detailed maps This study will also require the creation of ria specific areas in the Ralston Creek Watershed informationwhich willare benveryeusefully adjacent to; the creek. This mapping problems and the continuous to thewithin dealing with future drainage information should be recognized. value in the future use of this inform • Approximately 2/3 of the fee for Interim Solutions is for the preparation of a storm water=detention ordinance and report. The consultant feels this is an important element in the development of *ember 110 1975 6 Csil -2- City Manager Ralston Creek.Watershed Management Plan • the Watershed Management Plan for two reasons. First, it represents solution to a needed legislative change and a viable non-structural Secondly, the ordinance, report and public meetings flooding problems. will provide the -proper forum for public education in flood control and modern storm water management planning. - - As can be noted from the large number of items in the Inventory ' broad Analysis portion of the work plan, this area of study is very and requires study of possibly 'dozens of different -sites. The actual evaluation of solutions under Watershed Management Plan is outlined inmore; detail in the work program submitted in the 22 page attachment that Council received earlier. Considering the extensive number of man-hours that must be spent Works on this project.both in the office and in the field, Public $80,900 represents a fair , feels that the negotiated fee structure of ;consultant for„the work involved. A figure to both the City `and _the $44,000 had surfaced in the news media as the cost of the figure of study. This figure was presented as an example by Public Works when payments, asked how a consultant might be paid, that is, lump sum, progress This figure etc. >Simply as an example, the figure $44,000 was used. this $50,000 has been allocated from had nothing to do with study; Community_ Development funds for the study with $100,000 Housing 6 for Interim Solutions. It is suggested that the $30,000 above reserved and beyond the $50,000 be taken from the amount appropriated for <Interim Solutions. RALSTON CREEK • WATERSHED MANAGEMENT PLAN I. -STORM SEWER MAPS - $12,750.00 II. INTERIM SOLUTIONS $10,000.00 III. INVENTORY/ANALYSIS $24,250.00 A. PHYSICAL FEATURES 1,750.00 B. EXISTING STUDIES ANALYSIS 2,000.00 C. LAND RESOURCES 2,500.00 D. LAND UTILIZATION 1,750.00 E. SOCIAL CHARACTERISTICS 750.00 F. WATER QUALITY 750.00 G. COORDINATION WITH LEGAL 1,500.00 H. GOVERNMENT AGENCY SUMMARY 750.00 • I. FUTURE PROJECTIONS 750.00 J. -ECONOMIC EVALUATION ,750.00 2,750.00- K. K. ANALYSIS 6 SUMMARY 2,500.00 L. MEETINGS 3,500.00- M. REPORTS 3,000.00 $24.250.00 IV. WATERSHED MANAGEMENT PLAN $32,000.00 A. STRUCTURAL 10,500.00 B._ NON-STRUCTURAL 3,500.00 C. -EVALUATION 6,750.00 D. REPORTS 3,950.00 E. MEETINGS 5,300.00 $32,000.00 TOTAL $80,000.00 AGREEMENT •Lily of ' This Ag recment, made and entered into t71municipnl_corporatio hereinafter y475� by and Uetween the City Of'Towa City, referred to as the lhereinafterpower. referred s-Willistonasnthe cConsultant . Of Iowa City, low", it is hereby agreed by and bntwto acre parties hereto that resent NOW, TIIEREFORIi, reement. Such contract of the City -does retain and employ the said Consultant to act for an re terms and conditions and stipulations, it in all matters involved in the ,terms of this Ag employment to be subject to the -following to -wit: .the following P employment practices and Consultant shall not commit any of .. agrees to prodividual because prohibit the following practices in any subcontracts. To discharge from employment or refuse to hire any in a) g religion, sex or national origin. of their race, color, conditions, or privileges b) against any individual in terms, sex or national To discriminate color, religion, auso of their race, of employment bec origin. - 1 - SCOPE OF SERVICES : Ralston Creek Of Iowa City and the Rasonsn The Scope of Services shall be as outlined in the attached • Watershed Management Plan submitted rs the City Committee by Powers -Willis and Associates/Linm1nner: Creek Coordinating _: Inc. This Scope of Services shall be modified in the following Page 5 Paragraph 2 shall be deleted and shall read as follows-: _ The Consultant shall prepare a storm water d�nenin n Z Runoff Control to al] undeveloped land _ly R water flow through Iowa City. As part City - ordinance for application the following watersheds which contribute to. re ared analyzing of this ordinance a storm report shall _factors related to storm pr reducing flooding a. Degree of effectiveness in preventing storm water detention b,` Advantages and disadvantages of C. Ease of impelementation `Initial construction costs andoperationand maintenance costs d. C. ` Initegalial basis (to be coordinated with City Attorney) ity of storm water detention {. Public acceptnhil' P1 c 6 Paragraph D 1. Recommended Action - rnit copie sh sufficiens of the final report following Fu receipt of incl written comments on the review draft from the City - and the Committee. pa a 15, Section H 1, Legal Issues - This section shall -be -amended to ,read as follows: the City Attorney will be consulted Throughout course opertinentaissues-with regard et watershed water to review and write on -pertinent water detention r ac uisition - drainage laws, easement or property q management These issues will include storm and intermediate rights and responsibilities, dominant, subservient,_ rights, flood damage easements,, - property owner rights and responsibilities. authority and case activities and de`ining responsibilities The legal review will be addressed to the statutory law allowing for undertakingfine them out. It will alsofromecertainde vities taints placed_ to carry_ upon individuals and the p m�thcYS FOT ipterim H Cf a� , "An JJ s��,iF^s �f whY rax��f�a EaatGfna�ef, uf�ir Cn, �.;� 9a. ' and long range solutions will "also staff. 2 Agreement • Page 2 7 Page 20 Section D Evaluate Proposed Plan.- Amend the second paragraph to -read as follows: Economic analysis of proposed solutions will include capital cost, operation and maintenance cost, annual cost and cost -benefit analysis. All feasible solutions will be:reviewed to determine whether the solution can be implemented in incremental steps. In ,the event that 'a, large expenditure of funds is not possible, solutions should be presented by the Consultant which will allow an incremental approach "to`solving ston Creek by a limited expenditure out of flooding problems on Ral operational funds each year. Proposals will also be studied for implementing capital intensive,- solutions in:phases-over a multi-year_ time period. Sources of potential funding will be investigated. II - TIME OF COMPLETION Section II, Interim Solutions, is to be completed within 90 days after_the Notice to Proceed. is Section III, Identify Watershed Problems 4 Needs, and Section IV, Inventory and Analysis of Existing Conditions; will be completed six months after completion •of Section II. Section V, Develop Watershed Management Plan, will be completed nine months after the completion of Sections III and IV. i III - GENERAL TERMS 1) Should the City abandon the project or terminate this agreement as herein provided before the Consultant shall complete the work,contemplated,by this _ nsultant-shall be ;paid on the basis of direct personnel expense Agreement, said _Co times 2.0 multiplier as herein attached for the various' classes of personnel,' = actively engaged on .the project for all work -satisfactorily completed forall work .and services performed up ,to the time of termination. Such payment shall include, at actual cost, all outside expense-incurred:while_specifically dealing with this project. Said Consultant shall furnish receipts therefore or certified copies thereof.- It is further agreed that upon 30 days notice, either party may _terminate this Agreement. In no case shall this sum exceed the amounts <listed tinder Section IV of this; Agreement. 2) This _Agreement and each and every portion thereof shall be binding upon- the successors and the assigns of the parties hereto., -Provided, however, that out the written consent of all parties to said no assignment shall be made with agreement. 3) It is agreed that Powers -Willis & Associates shall retain the services of Lindley • and Sons, Inc. throughout this study. ;Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employ- ment. 4) It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. - S) It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. _- 6) it is further agreed that in the event of any disagreement as to the meaning or 'scope of this Agreement that cannot be worked out to the mutual satisfaction of both parties concerned, the disagreement shall be referred`. to athree _member arbitration panel withonemember selected by the_. City, one selected by the Consultant and the third to be selected by she two arbitrators. rpch party will_ -be finally and fully bound by the decision of the arbitration panel and said parcel shell hive 011 authority to glsf eVe arbitration between the parties. Nothing herein shall be construed as prevenEinp, subsequent appeal to a court of law from the decision of the arbitrators but such costs and expenses of said appeal shall be borne by the appealing party. Agreement • • Page 3 • the City. Any requirements 7) The Consultant shall attend such meetings of the City Staff relative to the work set forth in'this -contract as may be requivendwith reasonable notice to made by. -representatives of the City shall be g that hemayattend. Such requests shall be made in writing the Consultant so to the Consultant. 8) The Consultant agrees to furnish, upon termination this Agreement or s upon demand by the City, copies of all basic ' survey notehenConsultant�pursuant computations and any other data prepared or obtained ca by o-thiAgreement, without - the cost and without restriction or limitation as to their use. -- g) The City agrees to tender to the Consultant all fees and money in accordance ult'ant to sati t follows xcep with the schedule inaaccordancewithtthistAgreementbshall constthe Cons itute groundss for the Ciperformty to withhold payment in the amount sufficient to properly complete the -project in accordance with this Agreement. it is agreed 10) Should any, section of this contract be found to be invalid, that all other sections shall remain -in full force and effect as though severable from the part invalid. 11) Direct Personnel Expense for the purposes of y beneficonts such shall be defined pensions and as cost of salaries and of mandatory .and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, p ••- similar benefits. Said Consultant shall furnish receipts therefore or certified copies thereof. other duly authorized representatives 12) It -is agreed -that -the Department of Housing and Urban Development, the Comptroller General of the United States or suers and records of the Consultant — shall have access to any books, documents, pap which are directly pertinent to thisspecificcontract for the purpose of making audit examination exerpte and transcriptions. IV - COMPENSATION FOR SERVICES 1) pay for the services stipulated herein on the The City hereby agrees to `basis of the following fees: -- a) The Consultant will be paid.a lump sum of $80,000.for the study. This lump sum payment is to -include all costs for the project including Direct Personnel Expenses, outside expenses to'the Consultant and any other costs associated with the study. • b) Each month the Consultant shall be paid 1/18 of the total fee'up to final 3/18 will be paid upon a maximum of 15/18 of $80,000. The tudy and acceptance by successful completion of the entire plan of s the City. 2) Fees will be due and payable monthly. definedotherwise 3) All provisions of the Agreement where not specifically engineering shall be reconciled in accordance with the highest ideals of the eng Surve ore profession and the Code of Ethics therefConeuZtingas Eforth ers land he Land Sugg° ted Guide_ for Selection and compensation So ie - 9 Engineers Council published by the Iowa Engineering Society and the Consulting of Iowa. reby covenant and state that this contract is executed The undersigned do heagree- in in triplicate as though each were an original and that there are no oral agree. ments that have not been reduced to writing in this instrument. Agreement • • Page 4 It is further covenanted and stated that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement nor have -any oftheabove been implied by or for any party to this Agreement. FOR THE CITY: FOR THE CONSULTANT: POWERS-WILLIS $ ASSOCIATES Mayor, City of Iowa City ATTEST: _ ATTEST: City.Clerk • RESOLUTION NO. '75-414 RESOLUTION AUTHORIZING EXECUTION OF LEASE 'WITH' JOHNSON 'COUNTY AGRICULTURALASSOCIATION - WHEREAS, the City of Iowa City, Iowa, has Negotiated a lease with Johnson County Agricultural Association, a copy of said lease a ._ made being attached to this Resolution and by thin-reference part hereof, and WHEREAS, the City Council deems it in the public interest to the4H enter into said lease of 7,500 square feet of storage at for seven = months, - Grounds to store: several_ pieces of equipment 1976 at $300.00 per month. December 1, 1975 to July 1 - NOW THEREFORE BEI ;IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor and the City Clerk are hereby authorized and directed to execute the Lease with the Johnson - County Agricultural Association 2. That the City Clerk shall furnish copies of said Lease to any citizen requesting same. It was moved by:'deProsse and seconded by Neuhauser that therResolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: - Abstain Brandt Czarnecki X Davidsen X deProsse X Neuhauser_ Passed and approved this 25th day of November 1975. CCl�er Mayor City IOWA STATE RAII ASSOCIATION" ._ -FOR THE LEGAL [KELT OF: 011lcld Form Ne, 30 -- ' R•e►ere e.err..r, suite ,... seen - - OF. THIS FORK, CONSULT YOUR LAWYER, - la LEASE -BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into ---Ihis day of 19_, by and between Johnson County Agricultural Association lhereinafter called the "Landlord' whose address for the purpose of this lease it 274 Federal Building_ Iowa City, s"sd 4nd Numb rt (City) Iowa 52240 and T{te City ;;oi` Iowa :City, Iowa - -- (State) (Zip Code) (hereinafter called the :"Tenanfl. whose address for the purpose of this lease is 410 E:" Washington St. Iowa City- Iowa ityIowa 52240 (Street and Number) (City) WITNESSETH THAT: (state) (Zip Code) I. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions here- in contained, ori the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and lease, from. Land-' - ' ford. -ace ending to -the forms and provisions heroin, the following described real estate,. situated in Johnson County. tow[. to wit: - 501 x ISO' barn known as the swine barn at the 4H -Fairgrounds with the improvements fherwn and all rights, easements and appurtenances thereto belonging• which. more particularly, includes The space and promises as may be shown on "Exhibit A if and as may be [}}ached .hereto, {ore farm of 7/12 years, commeeeIng at old- nlgbig the day previous to the first day of the lease farm, which shell be on -the 1st - day of December Jul 19� and ending of rnidelght on the lest day,of the lease form, which -shall be am the St day of y 19 16 upon the condition that the Tenant pays rent therefor. anti otherwise performs as in this lease provided. 2. RENTAL Tenant agrees to pay to Landlord as rental for sold term. US follows: S 300.00 - _ per month, in advance. fhe first rent payment becoming due upon Strike tai the execution offhis lease: or one flat the ' 28th say of November 19 75 and the some amount, per nnfh,.ln advance, on the. 28th day of each month thereafter, during the term of this lease. In addition to the above monthly rental Tenant shell also pay: for all utilities used by; the tenant. AR sums shall be paid at the address of Landlord, as above designated• or at such other pleas, is, Iowa• or elsewhere. as the Landlord may. from time to .time. previously designate in writing.: F Delinquent. payments thall draw interest: at 9 're per annum from the due date, until paid.- 3.: POSSESSION. Tenant shell be entitled to possessiononthe titin} day. of the term o(lhif laetd and. shall yield possession to the Landlord at the time and data of the close of this lease term, except as herein otherwise esprestly providod. Should Landlord tee Man, able to give possession on sold date, Tenant's only damages shall be a rebating of the pro rales rental. 4. USE OF PREMISES.. Tenant covenants and agrees during the term of this lease to use and to occupy the leased premises only for - equipment storage and maintenance - For resf,;cf;ons on such use, too paragraphs b (c),-6 (d) and If (b) below. S. 9UIET ENJOYMENT. Landlord covenants that its estate in said premises is - and that the Tenant on paying the rent herein reserved and performing all the. agreements by the Tenant to be performed as provided in this lease• shall and may peaceably have, hold and enjoy the demised premises-forthe term of this lease freefrommolestation• eviction ordisturbence, by the Landlord or any other persons or legal entity whatsoever.: [But see paragraph 14, below.) Landlord. shell he.e the right to mortgage all of its right, title• interest in said premises at any time without notice, subject to this lease. - 6, CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises_la their present eondiflon except for such repairs and alterations as may be expressly herein provided. - e nr r ears tv, , r.— en.. e.- a r a ,.:..- -.: 30. LS=Fi6Y-1 ,h'-1? l , •. ..moi w.n r,r ..r ,+ a..e ,v ,..a ..--r... �a ASETOSiN " (b) LANDLORD'S DUTY OF CARE AND MAINTENANCL Landlord will leap }hdroo( Structural per} of the Dow; an, and other afrsrc- turef pari: of the bending in good repair. - (c) TENANT'S DUTY OF CARIE -AND MAINTENANCE. Tenant sharl, after faking Possession of said premises end un}il.lhe }erminetion Of }his leets and the actual removal prom the premises. at its own expense, cars for end maintain said promisesina reasonably safe end ssrvics- ebls condition, emep} for structural parts of the bu0ding. Tenant will furnish ifs own inferior and exterior decoraf;ng.Tenant will not permit or alto -said promises to be damaged or deprecated in value byanyact or negligence of fhs Tenant, its agents or employees. Without limiting the generality of the foregoing, Tenant will make Net story reptiles to the sewer.' the plumbing, the water plpq aed. dectrleal -wlring, except as follows:. - . and Tenant. egress to keep faucets closed w as to prevent waste of wafer andflooding of premises; to promptly fate care of any ieekega or stoppage in any of the wafer, gqas or waste pipes, The Tenant agrees to maintain adequate haat to prevent fneslnq of plpnr If. and - only if the other terms of this lease fix responsibility -for heofing upon the Tenant. Tenant of its own expense may install floor cover. ;ng and will maintain such floor covering in good condifion. Tenant will be responstble for: the plat gloss in the .winders of the -;eased premises and for maintaining the parking area, driveways and sldewatb ee and obsffleg the teased prcmises, If the leased premises Include the ground Hoer, and if the other. terms of this lease Include premises se described. Tenant short sake no structural alterations or Improvements without the written approval of theLandlordfinthad, and obtained. of the; plans -aed specifications .Iherefen .. - (d) -iemnt will mese no unlawful use of said Prom* s.$ and agrees to comply with all valid regulations of the Board of Health, City Ordi- nances or applicable municipality, the laws of the State of low& end the Fedsral with all government but this provisionshall not be ceextrusd as clearing any duly by Tenant o an member of the general public: if Taneat by the terms of this. lease is leasing premises -on: the ground floor, if will not allow fresh of any kind to accumulate on said promises in fhs halls. if any. -or the alleyoryard in front, -side or -roar thereof, and it will remove same from the premises at its own expense. j�oexgtxh;CXaXgfXxlexReenXvexu+tiicwro;<Q AH701)Rb>w,EL:IiSC:lA6f11N6�RC4:ftxddk IMXX Ee tenant xit�x�sarxa�a,e res ons2. e. or anaax :x�al�xr rasK.�c+xxM i>xrraxxan� xaac t7fdo?CtY. -The tenant will not a response e . or any sn�emova , 7. (e) UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay, before delinquency. all charges for use of tela. phone• wafer, sewer, gas, Feet, (if heeling is Tenant's responsibility), electricity. power, air conditioning (if air conditioning is the Tenanf's. -_ - responsibility),_ garbage disposal, trash -disposal and not limited by the .foregoing all other utilities and services of whatever k;nd and nature -which may be•used in or upon the demised -premises. _ - ..i (b) AIR CONDITIONING equipment shall be.fumishedof the expense of None end maintenance thereof of _ - - - - the expense of - -- (Landlord or Tenant) - (Landlord or Tenant) (c) JANITOR SERVICE shall be Furnished at the expense of —bfnne Landlord or Tenant) _ (a) HEATING shell be_fumished of the expense of Landlori only if Landlord wishes to install overhead ' - heaters. _ (Landlord or Tenant) Tenant will be responsible for natural ;gas expense of heating, 8. -.(e). SURRENDER OF PREMISES AT END OF T LeeseERM-REMOVAL OF. FIXTURES. _Tenant agrees that upon the ferminn6on of this : U will surrender, -yield up end deliver the leased premises in good and clean condition, except theeffects of ordinary weer and fear and. -deprec;&f;on arising from lapse Of time, or damage without fault. or. liability of Tenant. - [See also 11 (a) end M.) (e)- below) - (b) Tenant -may, -et the e.piret;on of the farm of this lease• or renewer or ronewels thereof or et a reesoneble lime thereafter. if Ton enf ;s not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased promises, providing said Tenant repairs' any and all damages caused by removal. - - '.r (c) HOLDING OVER. Confirmed_ possession• beyond: the expiratory date of theform OFthisloose, by the Tenant• coupled with the receipt of the specified rental by the Landlord (end abson! a written egreemenf by both parties Far. en vatension of fhis lease. or for a new.. - - : lease). shell cons6tula a month to month. extension of }his loess: -- 9. ASSIGNMENT AND SUBLETTING. Any assignment of this leaseor subletting of the premises or any part the . out the Landlord's written permission shall, at the option of the Landlord, make the rcnfal for the balance reof, with - the leasetem dueandpayable at once. Such written permission shall not be unreasonably withheld. The tenant will not sublet the premises -- 10. (e) ALL REAL ESTATE TAXES, except as may beotherwise expressly provided in this paragraph 10, levied or assessed by law. ful authority (but .reasonably preserving Lal60rd's rights of appeal) against - said real property shell be timely paid by the parties in the following proportions: by Landlord %; by Tenant e (b) Increase in such faxes. -except as in the nest paragraph provided, above the amount paid during the base year of -1975 - (base year if and as may be defined ;d fhis paragraph) -shell be paid_ by Landlord, 100% - - - : by Tenant (c) Increase ;n such }ems ceased by improvements of Tenant shell be paid by Landlord %; by Tenant ' (d) PERSONAL PROPERTY TAXES. Tonant agrees to timoly pay all faxes, assessments or other public charges levied or astossed by lawful eu}hor;ty (but reasonably preserving Tenon Ps rights of appeal) against ;Is personal property on the promises, the. farm. of this lease. (eJ SPECIAL ASSESSMENTS. Special assessments shell be timely paid by the parties in the following propor};ons: by The Landlord. 1 O%: by the Tenant _ %- _ See Paragraph 27 11. INSURANCE. (a) Landlord and Tenant w;11 each keep of, respective property interests in the premises and r!s liability in re • for -end the personal proper}y on the premises, raesonebly insured age;ns! hazards end cesuellies: that is, fire and those ifema us e.ed,by e. coverage; end Tanen! w;II procure end deliver la the Landlord e-cartificetion prom the respective insuto rance ..mpenies v - }hat al(ect Such insure ba mode payable to fhs portio: hereto es their inleresls may appear, except that the T s where of such msarance proceeds ere hereby ass;gree _ ode payable fo the Landlord }o secure rent or. other obligations the a and owing Landlord ' by Tenenf. - (Sae also I 1 (eJ below) - (b) Tenenf will not do or omit the doing op any ac! whit w vi lista en insurance• or i --s - real este}e improvements on }he premiss er upas any penonel ro eel t. T n -S° fits msarance riles in force epos the `fhis ;nes, has or shell have a lien. - P P Y a ant • which the Landlord by taw o, by the terns of - (cJ. Subrogation. rights are rat fobs waived unless a s ec ovislon is attache - P 0_Q115 lease. - (d) -Tenant a further agrees to comply with recomme al;en n laws Insurance Service Evrae v end o Ue a a � current rant+I, +n In a+s+ In Insur+n!+ ; r v , a49 f9 �pea,;metlrf,ar, •ty `({ Y t re _P'.mssfl pr.rq,44 thin at o ks tort of sN 9 n J (,rardsM ere a 0�r/v-dee le ineien: of /ih' --p. hnnrds r+mlling Aon fan+ Of r", prem6±s-o!her..fte Il:en es le!a`n eonfamp/sled end agreed, (e) INj URANCE PROCEEDS. Landlord shell settle and ad•usf any deem age;red any insurance company under sa;d po¢ f fi insuryy-�� or Ihs premit.t, and laid inturence mcnin shall be pPa;s� fo end hold by the Landlord to be used in payment for cost of ropa;n� aeilorefion of domeged building. it the destruction is only part;el. [See also 11 (e), above) _ trd--s}rvAoral ne h once of the Lendt °4�`�damag• end CE.-_Ficepl as fo any 9 9 against any end ell loss .costs, person of INSURANCE' ar end/or damage. to any P° DEMNITYAND LIABILITY indemnify end save harmless the Landlord or inflicting Int Y use of occupancy. thereof. or 12. IN • ding. Tenant will Protoct.- -e rees that it y remises, br redly or indirectly to The further alias authorised to ° outof. any 'dent or other occurrence ce -n, utson , leased promises under the Tenenl. the Tenant furihen covenants or compa ie 9 --b+penses cesioeg or done, \ anon -tetra, .y and property. happenthe Tenant Of any P - insurance m e responsible come for any one person injured. any pert thereof !six rOcure `end maintain casual for prop- .-. will at its own roxpense P of lets then $100,000 :. - - arsons, in amou . ,.._. to any Person or p do business fn the State of Iowa, for any one ec6denf, and with the limits o4 525, or about the demised damages. costs or °s occident^or Other haPPemng $500,000... ord against such 'claim, - 1500 damega, protecting the'a arson or persons, by reason of. such casualty. _ end providing for fifteen copies of said policies, naming the Landlord, or to any prnpertybelon ' _ Y P - ei,es during term }hereof. CertiGcetes or. cop.. _ ps .. r - - deet notice !o the Landlord before tancelletion .shall be delivered 10 the Landbrd within twenty 1201 . ructura f end ---- a of the days from the data of the beginning of the term of this lease. As to insurance of the Landlord for destruction or td mage fault a- Palo graph 11(1) above: - - Op -PREMISES, (e),In the normoyeno{ e partial which prevents the conducting 0. e. normo) business , the leas -end miser �TMfee 60 13,'; FIRE AND CASUALTY: PARTIAL DESTRUCTION shell repair such damages _ leased premi•as, which is a business inter(erente. that is, ed;el deslrvdion, Landlord - - - ibis ublie enemy, <'teasonably repairable wi}hin s!+!Y (60) d°Ys after its occurrence. this loose shell not terminale but the rent for the leased promises shell abate -- acts of God. !Foy°othat causes beyond - Land. during the time of such business interference. In the event ofp. p -- days labor, me or transportation shortages. Of (}s occurrenee unless revolted from so doing Ise insurrection, government regulations, Lily ordinances, sfriles, riots, m which this properly is located make i! impossible for Landlord. lord's reasonable control. ere re h provided, _ Perm' and municipality and/or mbuild so that Tenant is not able to conduct it, business (b) ZONING. Should The zoning ordinance of city or to reblot destruction as in the nest p 9 P park - using diligent, and timely effortartlel daain necessary simefion shell. be treated as e 1. on these premises. Then such p. _t Tenant not _ - (�) ge . DE en such 10N OF BUSINESS USE. In the event of a destruction or damage of the. leased promises Including t • P aired within sixty (60) if s parking arae is a pert of the subject matter of this lease) sh the stomatesscannotba to educt its business onthepremises or Ing area ( : - remises are being used end +s h - - • the {hen current !a9°e use or w attheoption of either the Landlord or Tenant. Sue termination in such event shall en eFected Tenant - tees this curse may b days. after such destruction. Tenant shell surrender Possession within within twenty 1201 rebuild notice of one Party to the other, end each party Landlord at ifs option. may I after such notice issues. er shell be rel"esed from ell -sutura obligations hereunder -ten (10) pro r The dote of such destruction. In the event o{ such_lerminet!on p( this lease. paying rental P - - - art of the demised premises be <mdam -- Or not, according }o its own wishes and needs. OF AsyyARDS. Should the sects pr ty P _ each pasty will then be an - (,J ur ohe art shell be entitled to retain. as its -own property. CONDEMNATION- (°) ublic. or quasi -Public use or p p _ - 14. - _lent authority for any P taken by a comp•. ba {air end reesoneble._ - the Landlord shell no- be rd fa mode on account of the condemnation. any award payable to d. Or fn the eve tp as may gee a^tire awe remises shell bo_so condemned or taken, _ - of said ew demised p a above. OR to take such proportion OF ressived as in paragraph 14O - UPON EXPIRATION OR UPON NOTICE o tiion --'(b) DATE OF LEASE TERMINATION. If the whole of the a TERMINATION rovides it any P fable to the Tenant except and as its righh are P. Or ;{ this lease expressly end in ++tiling P Yon term terms. IS, TERMINATION OF LEASE AND DEFAULTS OF TENANT. (� rovisicns of ibis leasse. on aspiration of the demised term: the such cancellation and .DEFAULTS•-. This lease shall. ternimi tele upon by Tanent' in accordance wiill. before any s P the Tenant, than lease will terminate et the aspiration o the Option on or options, -end itanysuch op other. default by pROVIDED.-HO`NEVER• Or defaulti• and stating that n default in PaYr^enI of rental herein or upon any Upo at the option of the Landlord canshell, 've enantforfeited, ire Tenant a written notice specifying the deieuli, May below. - - - 'of such nol3ca. unless such default, or befforeg- are this lease in iS(b) :.-. - days after the giving a11,mafive fo the foregoing Failure escepf az provided addition° opfionel procedure or as an and forfeited fen (10 22. As a 21, below• provided. this lease will be cancelfede period. -(See paragraph_ udicafed a bankrupt or in the event of i judicial _ sale or Leadlord may proceed as m Paragraph, -but -not by --remedied within such g _ proceedings or by other operation oS. e --. (end neither exclusive o(.lO°R other) OF TENANT. In the even ?"sol ene/dP de from the giving of notice ihereoi '(6), BANKRUPTCY reason of any bankruptcy to -enter said Premises. Landlord Gott et its option, immediately terminate this lease, other transfer of Tenant's leasehold interest by and such UPICYIk tey. lis idol $ale or reason hes not boon routed or sat aside within ten (10) ri• death,ban such events, _ subsequent default or de(eults. days wr\}ten notsea Landlord to Tenant waiver o{ any by LnndlOrd to Tenant. than end in default shell not constitute e upon _giving of tan (10) _ - de(auiT shell be construed only as an effort tomiti- (c) In. fel and (b) above. waiver as 1a any _ _ - s advertising and re -renting by the Landlord upon the Tenant's in the sones of Vey &. regiment to terminate this lease. e.}her party' (d) Accept the Landlord. end not as ag _ 11 -tate damages by DEFAULT OF THE OTHER. If default shall be sled" by 1y, RIGHT OF EITHER PARTY TO MAKE GOOD ANY arson egg amount advanced shell with, Y aggrieve inadditiondc{eull ther any edeas now• or hereafter sitar or earn any ofthe_10''s.to �6e otherrihe 'arson of thislease, and such default shell hove continued orthirty performance of. 'covenant. or condition, sr make g but need not, Perform such Perm, Pe annum, from dale of advance. (30) days biter written notice cheroot from one P Y - - _ protnded bY. law, May. - _ - as ..n. the leased premises. together with interest. et the tele of 9----`� p a(nting or eshibitin9 sig s art is located and The be repaid forthwith on demand. ht end p riviluge of estechi the City or P -51^vNS. (a) .Tenant bell have the n9 gg. ( such signs if oval shall cot be ounreasonably 17 I with iha ordinances of the city or municipality fn which the property l -of the Landlord; which app provided only (I) that any end all signs "hall shall not laws of Iho. $tete of Iowa: �23u�h°S;9ns shell be subject to Iho wntloo approveure af the building; 3) damage-leo building: and O l roe ecfve tenenit or buyers to withheld. - - day!. of this lease. or entee%d1OTenenTlwtll a tef gat such time. npn Ips windows or on the build• - -- (b) Burin the last n\rely (90) Y , or For Sete s�9 Palms Lardlcrd 9 both a -For Rent or on the premises eilhor or -shall have the right to file e - or ing remises. 6 through, or under the Tenant. enter and examine the P one .claiming Yi on said premises or upon any building or ,mprovement there - 18.. M End or character whatsoever. up art thereof, shell at any time be or bacomt MECHANIC' LIENS. -Neither the Talent nor any ;ren -that no contractor, su-coniredo4 or anyone else wet othar lien of any therein. and notice- is hereby 9 airs or any P agrees to give adult notice thereof it place any mechanics Bien or on, or up service or labor for any building, i the Lament S. alteration. covenants and u on the leasehold interest of fee Tenant the Landlord, such materiel; service or labor- .may luma6 any material, for the further security of a furnish or agree to furnish any i I ✓n addition to ten given by aw, a used an entitled to any fen thereon, end_ a grid Landlord shall have, i ' edvence, to any end all contractors gird:.sub-con!rectars who m Y perty end ell sub,f;tth'n )lease for the recaery cf rr-.!. upon all personal proov dvd by law or by - 19. LANDLORD'S LIEN ANO SECUP.ITY INTEREST. (i with any remedy P b interest as provided by Uni(osm Comoe.odlat 1°waorfin equl y erformence. purpose of. creating e • Tenenl. Landlord may p default lin ik.P the spouse shell. be for the sole p P sic, eremites by - end exemptions. —;-- use is not °Tenant, then the e+ecutim of d. rights of d ortbutrvo shore. dodo the term or for termination of this lease because of Te^0° his of homes}eed. 9 (b) SPOUSE ' I( ipo weivm ng t R t—, ste rim. f o 7 t\Gs to time, g mlPOU E parsonel. PIOPefly and g ETC, (t) TtTt ' ssea= So a:.e .–fl 8,-_ �tOi^aes. steur,ty • cACHANDISEt y -:". T �. d. Rte Eua`rles OF E9UIP11 ENT. M .a f••.�^s+.'o a+^Y Forel 7 /t! a,:•rJc�✓� •ills Rae. gip^ -relies 20. .SUBSTITUTION. Ter L<frx at is awn or rent,.+1 th+r+.{, !a N unhsu no._tubstit.Aad arfids cr item ra necessary] of this tern", ,new or rlhnr li+m to lubd;tution Ihamob in f1e when in the jatgr^ent o{ the Talent it sett F+v+ E+v+r'.e LI'sIn lu. •,if wit's J40141d of' +rami++s. on silt premi+e+: Provided,'. however, that the lane 11 so Isold or sthato on the ( derniwd p. espensa, substitute (or such items he personal prop / e{fixed oP+mfion of the business uTsnenl the rigid 10 Ji+Pose ul invnnlo,lesl mn,dmndise in the enlhlaty er grea!e r value end adaPledto the _. : "rein contained shell be comlrved es denying lO b cloth ng F. bus n as: course c{ f e tenant s trade a - CMP1+N x+r+ N TM 1� t •li •I \w. V� lar we'n• N •M MI• INM. ir••, TM 1•�. f • +,r I„a..\.K party, rov;ded in Ihis lease shell ewers. op • remedies or priar,lie+ allowed eilher ! ons elcc ,ens and remedie+ of either nrl p to wl+ids either Pally 21. RIGHTS CUMULATIVE. The various rights• P TO Pursue any other equ,leble or legal remedy. be construed es cumulative end no one of them as e,du+rve ue cher party r un Pursied+ or and is urged. allies hsreto at -- party by law'. and shell in no way afEecT or impair the rig,! of either died. P • - Ivan }o. the resp°,!'ve parties may 6e enfitied as long -es any default remems in any way _ one of Ihis teem either pally notifies the other, m writing• of a dsuch t address- 1161 22. NOTICES AND DEMANDS. Notices as provided for in ithe lease shall be 9 re aid. by registered or certified mail, Party in we' or making a demand or other com;d.by eg such menage shall ba _ the respective" addresses del;gnalad on page o+le e P P - Dol. Prejudice fo any ether method t notifying e P h mail bot.. - considered given under the terms of this lease w,1 sent, addressed as above deugneled. P g covenant end agreement herein coos the United .Stele mail end so deposited in a Unite ETClesEech-e d every ns of the poetics hereto; mcepl return. receipt regoe,•ed. by ... _ _. .ASSIGNS, Each an ors end esdg 27. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, o; n! tenant Upon the respective successors, hmn, edm;nlst be the successor in totaled. Shall 6e the sem ^9 t �-;his lenw !o be kept or performed -tainted she esland to end be binding - _ -. the podia, -- -the! if any pa -rt of Ihis lease is held ,n joint tenancy the Provision,. terms or conddinns of -_ , e written indrument duly vgnad by 24. CHANGES TO BE 11 WRITING— None of the covenants, p arties.,- by Land! or Tenant shell be ;n any manner modified. owns h abandoned. e<ce}o this lease solely for the purpose of toIleasing dower, °I end and! r -d lo, the Landlord and Tenant. lease `ant ears e e peaty si�ret )1y 10 hi the e - -25.- RELEASE OF DOWER - -Spouse of Landlord, Pp romfset•r - lural P• P led mant hereof, -shell be eonslrued es in the s:nguler or dislribraive s,a+e, antes said ,pease is °Ise a co-owner of tee inleresf in the ease __-- 26 CONSTRUCTION' -Words .end p,rsse+heroin. mtladm, thenar 9 - number. ead a, masculine. feminine or neuter d. 1, to rhe `°"!°<!' ; costs, damage, and expenses for any and•all loss, - or inflicting an accident or other upon, or or about the 27• Landlord agrees to assume liability happening costs, damage occasioned by or arising out arson or property,_ pp - and/or damage to any p for any'lossI s in, injury except that -Landlord shall have no liability Tenant or its employee leased premises, P +`- ro erty incurred by a and expenses are directly costs, damage or expenses: to Tenan>?s or its employees p p -• upon or about the loence premises the Tenant orcitsoemployees. caused by the neglig executed this lease in duplicate the day IN WITNESS-;MEREOF, the parties hereto have duly ' and year first above written. LJWDLORD - -L(5 eL paragraph 251 - TENANT'S SPOUSE - LSee paragraph 19(6)] - - INDIVIDUAL _ TENANT SS. _.- _ d for raid county rw rn- STATE OF ndersi sed, otery Public in en - a.,n - Iq�•, before me, the _ g _. ysn.u..r COUNTY OF day of - and d tor" °,n mt.rumer.}; en ," On this �' who e•oculed f,e within and 9 9 - .. amd.r Persona appeared arsons no in and •,,. r.. a -slate. P - known to be the identical P -� }o ma Is act end dead• State : acknowledged that they e.Bculed the same es Iheir voluntary ..__ Notary Public in and for said County. and CORPORATION. —}55. - .Notary Public in .STATE OF —� ))) before me. 'he undersigned e ..COUNTY OF A. D. t9.. end / day of - On this — ersonelly. appeared did say_ that Ihey ere the who being by me duly sworn, end for said County end State. P ersonelly known. - ' respectively. -of said -car par j ( d sealed) the to mcp end sealed) on and ro<ured by Me sefd) corporation; chef said instrument wesugned -w•.+ 9 q they f^o. sent hes been p _ end �•r•w• within end fare min insfrumenL (the seat afr.ad thereto a the seal of the - o reticn �w -+- - -- act: end dead of said carpo •••^•"" author;' of its Board of Dirnclors: end t+al the said ecullon of mid inslrumnnl l0 6n Iha voluntary .." oma•r behalf of said car ration by I,r", ML 41 as such officers ecknowlod7ed the e• - by i} nn voluntarily e,acuted. end state Notary Public in end for sefd county (SEAL) - - _-------- Fit) - - FIDUCIARYl }SS. _. _.. NoPublic in STATE OF ))) COUNTY OF - A. D. 17 before ma. the °"dOas E, cutcr oftary 'he Estate of day of the On this —� eared Person named in end such iducuted Deceased. To me known to lu the ct an al --. end for said County in said $tole. personally ePD ihel_� -he e,,,ulml the same as the voluntary act end deed of himself end of +u- �d°`iOrY- - foregoing instrument end acknowledged tlolary. Public in end for mid County ad State PARTNER - --._ 1 - }S5. _a Notary. Public in STATE OF ))) _ who undersigned. A. D. 19 before me. COUNTY OF and - 0,. this—day of Y appeared - Ihel he (they erel member(,) of the Partnership Dunt end Siete Persomll ePP° worn. did seY 16Owl'dged he chef ( ) end for said County ersonelly known, who, being by me duly s •_ end foregoing ^by y ens LJ - -_ �• To ma P - - the wit,in _ ar! p say ese"u *re sed. emcutad. the some e, I,a valunlar/ ed and dead of said co-partner(,) 6Y (him) fths�l e--. ft,e/l -. Ilefery PuF.G, in and ter said Ceaer/ and State For acenorrlodgment as_a corporate fiduciary see b.,arse side of Court Officer Deed - (Oificial Form No. lot). (4) 75-415 RESOLUTION No- <: AGREEMENT BETWEEN THE IOWA CITY • -- HO TRUSTEES,`AND TFB; COUNCIL. OF THE CITY OF - RESOLUTION. AUTHORIZING JOINT FOR PUR- - LIBRARY BOARD_ INATE NEGOTIATING PROCEDURES ` :..IOWA CITY TO COORD GAINING. -POSES OFCOLLECTIVE_BAR _ entRelations Board. has recognized that f employees within the meaning - WHEREAS, the Public Employment ;`- Boards are the employers of Library Library the 1975 Code of Iowa, of Chapter 20 of cooperation and coordination of WHEREAS,' this same Chapter 20 permits bargaining units, and betweentwo_or more Barg both par given the bargaining to b° P Library - WHEREAS, coordination would be. beneficial Iowa City, (inion I responsibilities and tservhe ice in Iowa _ Iowa City Council's responsibilities for library -. Board's administrative respo effective, and to make this coordination WHEREAS, procedures are necessary he and Board of Trustees and the Council e otia- the Iowa City Library Dint agreement to coorofnWhicheg WHEREAS, wish to enter into a ] bargaining, a copy of Iowa City purposes ofcollectivebang and by -City - for perp° 'Exhibit A",. this ting procedures to this resolution as • agreement. is attached reference made a part hereof. CITY, THE COUNCIL OF. THEIOWA CITY OF FORE, BE IT RESOLVED BY _. NOW, -THERE to attest, and the City Clerk IOWA: sign, City Library Mayor be authorized to tweet the Iowa That the 'ointagreement be CitY,.Iowa,.tocoordinate I. and the attached ] City,of Iowa this resolution, the Council of the' r aining Board of Trustees - Of collective bargaining- Board a 9 negotiating Procedures for purposes and :seconded by ed,andupon roll call there were: It was moved by deProsse that the Resolution as read be adopt .NAYS: ABS AYES: Brandt yt _. Czarnecki - - Davidsen - deProsse x � � Neuhauser 1975. X Nov •_F d and approved this 225th day of '._ YOR ATTEST: CITY -CLERK _ SLTWLOI -_ -••'^' '- Tats CITT Or 10M CITY• TIIUSTTZ� TM IPra cinLIeM epssD,M _ �. .- TLtppliTlO� - - AIM ya kevl c M rIMIATI0y .'. ". Toe t1playe1 "I"I""theAmerican rederation of ctat•r county. and .. .' _ — � . pWIItiPa:. vM=9EE• CMWM- Wo 193. Mnent C1CY Local lei, a. the seeluaive npreemtatlse o(WI0 IOW ^ nmde3pal mPloriaa. _ - • suP•Nlfory. PrdlenloW l- eapleye..r aieludleq a,,,W.tratIv . confLd.ntIAI. ial. "A perManmt pert-tlee nPleriet e[ lase than _ Pn[... Local librseN - `-� TplEemT2 of Iowa City. Iowa na..ee w Clh' (..cep, - - [o[ ties Purposes and benatid publle ee[etY Perfoeael. - c U. anHnd into by and _ . - - This agnarW -- _ -",the "farRd m "nty (301 hours per week. _ .. hours e[ wra. and other yib[ary bard o[ TNst►es. he_iN[ter . _ - nsolaln4 di estsbII hInq rates of Par. and City of Iowa City _. rlun Teda[atlon o[ stater 363 a[ W aMf oL _-. conditions of AMPICyfant. _. Employe[. 'City or Nant9"sonny sed foul re[arred m se W anion. agree, w .It with W t1+1on concerning NLHH •!(ert1W9 11a • ees, herein[ter county. Munldpsl aP�l' : � - 5 ands Tedeeal.� The rir ` - that s=h mnfettnR• do not abrogate IO and the Onion recognize their r.",n•ibii[ti taPloYar ata labor —Aber. to W .ateat corking wM1t1eN of I" —Abe _ e to conduct W.1Nse se set forth • ' _ The sada. sed .pprox Ie nt pr•. local laws rale4n9 "'fair .Gp Yee _.. Snvel.ee in the. axttsr abridge the right of MaN9mant -- or In seer - Man. and cfneiPlee ," wsiteent to Ue Mescal p _ - _. and reaf[SeM the • I, thin Igrernt. _. •I 1e9lsLtlOnU • other labor group dr not to enovu+e9•• aid. or [1Nna any .� ane of civil. rights. : erse6r , nerve. o[ nH yhe rrylnyer prase - or oak. MAY wnourrant -� _ w ."age See colleetlas bargaining _ t then shell be M dL.crlMiNtlon .. -.. :.. -.- _ or x[[111: The Paiclse sgna the - ttic(petlon in - - for e. rh1U Purports erga+.![atlen -.. .� - .eco sec Ua purge sea o[ ada[aU1n9 � political nWH. or . Ntlonalltr. et Ln r. xwla', W Waation. with Sedlddsel.. 4covpa.. Organization. � sear oolorr e9a• that P - City 1. sed the Union 'gree _. a9neeenu Union during the lire o[ Ub wnttwt. atione Tn scion w(en any labor Orgaed[ she tied by Us /Wreeeenc without 61f- - - U. [xro9nlrs6 II I to 1I' 'Ploy shell Apply � of Ulf 1WtseMsnt -.._ -- I • ter" and. Oonditlehe O( enplOYse^tr - 2I. rATAGi1QeT (UG11T] WC sPsel[le ane, e[ responsibility _ _crlMlnatlOft- The PIPofa e[ Uis agreefent fa to set forth for the Mutual Interest -. ,yea Parties to this a9reasent r.cognlse e[ Ue U[Y L b fano- _ aa[41 labor relations . nnontous. orderly. and Pa .._ Moat n resaRed t0 heea9aMent if Ne pupil' oN1e. M[ulon con"actusl + and to PIL' and the c/t/HN OL Iows City. Union,n- aubsettiun o[ this ' Unless epec![lcally codified by any - - - e[ the Eaipleyar. the the Eulleet de9cee fclendlr xM coops . tion f[frctivsly. ei and Ue Union encourage to yana9eeent revedrs Ue tight for _— - - - -. lWreeeant.respect'" O[ W City ergenlse- The Employer - ,... baM.n Uair RP[Hlntatly. s��tY slearlty O[ en a, _ D•nralne the nature. 'cope. And definition ; - - 3 d.e rdxtiOns a�'Ob that to interestaL W _ '. Bede. rel.,LonahLps: selection pal ' TM parties nwgnlse W MaintalnleW e[[lcllntr _. tion Le•udlrq. eLuiLleatlanr .-.. t[aN[eq depioyoant• i _. .. suetese See utaDlisnln9. _ MMnd on the mPlOrei �, -: nu�b.rr, retention- ProMotlo... rcorganlrstlon. -- eapler.ee to W mmunlq• _ i .endullnq e[ sPlori.q Ly-eL[. reoll. I eapadltiese pub lie .eNlee• -and _ ... ud9ment. . the uthodf, seahe. tools xed egullecnt. Personnel by - - -.. - s, Odanlne lnel+dln9 the right ' ac. to be conducted. ght to con. - - eble:h operations _. t[att sed. aubevntrart .zlaing sed futurew[kl - ' C. ill tact GOPIOP921 - employee�a !n .come- �du n lsadlauly following m,onN In Mlch Nr m,.ployes la ro longer • -. aelpllaa[Y _ q. DisCIp1IM. ace7en°• °tea'. an°for A1�us i _N@ aaet�er of the bat e1o.. .-. -. q inq unit. My employee. my voluntarily uncal of nwke the -'. with*stablures fee dant. luMd 9KK ,. o[ all tl. et rota. ; authorization for chock -off deductions upon written notice to N. mpley.r and the .. e on. _ - action$ or "."rem my include -enn nPeLrTAd. �Pem-:: ;t all, trtl anion. The cancellation Will become effective one �onN LtedlKQy aub.equest to -- following In etas[, r.P`L9d' Na request for such cancellation. - ale draotion. or °la`Nt9•h )t-sssvlcm train" on that employee a_taka _ _._ The anion will protect and save battles@ the Employer from, my al claim. n$ d L, a quir@ Men with Path' desak.'e• talus an$ ether ferns of liability Irf zaesen of action take by the - Productivity in rytions af:lur on or o[L duty ho'reg '.Employer for the purpose of complying with Sections A d! abo,r.-. _ y, `Take the n.ceuary @menet@• u mina^ rational OL mMKlm,a - IV. INalhd Or copal. O, DpiatarmlM tbw necessity of ove[timi �n.a�unt ot p _ of mar tlae leeape ,.required. • 'he regular work week .hall. consist of five f5) consecutive eight (d). hour days. V'e nets, _ atartL•q Mesth onday, cept for Part -an epleyeu u or thoemployees on sequluly ,.soap -- tins ,na11 b t+h'aat - ' Matoq _ t aL bud9wt alletlrne ➢clorlc7. and saoue u scheduled aft (6) or seven 171 - dry operations. The regular hour, of work each day _. - d,-Deuredns tM @top. m,odl[Ud by . _ .lull conal,[ of fight IDI Inure per day within •twenty -Lour (7e) -lour pried. sees rupon$lDilitiee of MMgs"nt'rot apel[Sea11Y - - - of Wm, PtcaleloM -- All d9hta and - - - - nanag reap and the .rept for pest-tLs �mpl0yea. - __-_ -- - tion of of • deelac.d ,'•, Pull raisin the function -- The Lplo"r agrees there shall be a fifteen (151-MMte oat petted Mar the this A9r.awen6 Lor the duration this Agneaen •yepndld by the City Council hills of .W four p1 -roue work period. except In public transit operations Men - elal provisions for rest periods are required. Transit operations require that _ _ - eeetgut7• _.� at periods be scheduled as ley -over tLm on each route and the tWnq and extant ; once esw` ;. sees. - _. y:.... _ lay -over be determined_ 1Il. DDfL theanion semberahlp G@ an$ dun, such availability will by the "tai time necessary`to - - - egteu u deduct1r@ writing ,� aPloyer _. vidually autrodw Lal. leu such route. - I.etgN and .ehadulln9 of lunch breaks and Ns scheduling and peY of those eo97efe" 'die the lyiplopar Prior to . Atioo of rut periods .hall be determined by the Head of the Department or his/her - sonth. [nm, the to : .seethe succedinq b oda._ All autlorl[stioes deliverv� -shift 9ueh ddueCleN that lgnee. Each wrk shall have a regular starting an$ quitting tier except the -,_ -- shall tiecom effective - ad _-_. month ooh noon$ . ary. Police, and Transit eperatleess Mere .pllt .hitt. or other deviations from t the first dry of. the : first paycheck of ,d"t.d from the --- - anion T'Lmaeurt[, 1 schedule is nese, " expedite the siaalon o[ the operation. whenever it ng ary CM4bfE •i°nl..s-will -esth an Stwird ezatesemt u ala -. [ -- -. - - [witted L,,.the abdl 1e been mala• : xs neeuury for a Department Head to change the starting and .ding hour@ of _ ' Yeti,. have ith s after the dd en, beginning deY deductions -_ -. - work Ler an employee• -the esplgee .hull .mill Za rtqu[ced "templet. an eight - within 15 _ Check -o![ . � eau. " N subject W a .bell An ur day of work. There shall be no discrimination or favoritism shown "ward any ye For full -tine employees. all working days in "case of fin (5) lr _ aq+layN in this latm". Straight a -tepay still be yeld for the first sial - the mPloyee'■ work veek shall be considered a oeerUM, except for hour`, work In any e:ontlnwous twnty-[ver pq-Iwur period tme^meer eAa"ges•.,, •shall _ shoes m+pleyees on touting shifts were- the shift routlon scou tfaes - be notified a- tme day PreeWLq the workday alyd required, the .mplaTee _ _ , - - - :• .. results In deviation from the scheduled work wet. - - exeepi !n the sue of gmerga+ctes. Oployss9 shall be rotlfied twat} -Coat -1 -- -- -'-- : -_ .- Per part -tine roplorsss, all working .time in one day "un of that _ In advance If they era required to work on .a holiday. when they won rot Otb1 Worked by full -ti" eeplayeas In a normal eight (01-houc working day • schedule to Work. shall be Considered is OvertW as shall any time worked in excess - _ - a. Clan-uP Time _ - of what the. full-tLme acPlayse Works in a normal work we". _ - Individuals employed In ISbO vd taeu elsseifiextloss shall 1.. Overtime granu6 • five .(5) -aims" perse"I clean-uP parlod or such nu lmployees who an employed In excess of eight (0) hours per day or - - his 6La a detenlned by the Lmedlsts supervisor. Prior to tl forty. (tan) hours per wok. except In public trash operations where -- '------ _ - -sed. of their work day. - "- • - -• special provisions for overtime are required, shall be granted eompam B. real Periods . •: , ' - satioi equal to ore and one-half times the number o[ hours worked. L, - A11 employees shall be granted • ivmcb period of rot less than tzarait Cpatatlena we_ -t.. sa it definal as all tlrewrked driving bus_ aiauta' dutfrg each work day f never Peaible. the lureb Pe _ -.-_. - - In excess of eight (0) bourn per day. The amount of eveetime will be - - ddle of Nwork day: shall be scheduled at Ns mi- In 11transit1 determined the scheduling - - - - by ng o[ nth route. In sdditlen, transit drivers - - alone coal periods will be rthaduled into the lay -Durr time pt _ - ",int the timing and "eC Na meal -pried N _ will bepaid for report and turn in time net to exceed a total of twenty for each touts and - (20) minutes each day at the applicable straight Lina ate for each driver. - - determined by W —ant of 1ar-ever time available u the drl The City Manager or Lihrary Urecmr for. Library_ employees shall revive ,. when he desires to eat a meal. - and all assigned overtW. MI payment for overtime shall be C. - Oetfnitio _ ads an. the next Paycheck provided the condition- of nnies m"� It _ - overtime, to the work performed beyond an lvlayee'a regular Impractical to grant covxnsatory. time off. Cospensawry time &hell be - - ties and it must have been assigned by the employes'• Departs taken at such times a the oeP r nt Mead shall determine it will not - • - - _ or another supervisory employee given this authority by the D Impair the functlane oL-the repartmantt and LL1 cempeneatary time dull - _ - Mead. hin tba wane Day period It is earned. -Le All such ties. !n &esu o[ • roraal eight l0) -hour wrkLq d - 2st Period - - in the twntyfouc (24) loured period beginning with the mut -.. •:-: t an employee is required and In Lace works at least two.... mplcye's roreal working shift Wt day. shall be CPalder0: r mora beyond the mployee's normal W-ofwerk day, the -- - tins a,d credited u the uleMar day on with Netwentyfot __:: _ - hour period began. 1. M upwto-date list by classification shoring "*"Los hours rill be administered .nd Posted mnthlY. in • Prominent - - a - - - - place in each departmental division. the overtime equalise- - tion chart shall be updated as much as poeelbles at least _ an a monthly bads. and the aenaalated number.of o-nrtlse' bora viii. be carried forward G the next succeeding [herb . M d'"uary I of, each years a nes accumulation of morel" -. hours shall be started for each individual covered thereby. _.._ -. Zmployeu newly entered In a -group a. a new hire* a trans- •, ., ;. - "--. famed or promoted employs, shall be credited with the highest number of hours of the equalization. group 'which that individual -- employer shall eitherl. - - enters. My employee shall be excused by their Department - a) Provide for •rut Poe" for at leuCbne-ha1C (1/1)j - Neal because of physical nobilities G perform the over hour lemediately following the rorxul and -Of r rk. day ail. - -- - for one additional one-half (1/11 hour Paid oompg tics work or far • serious personal need. •• b) Provide -- motion at the overtime rates if the overtire Werenced - -- •... of-rk day. and on irmedlately following normale noal eld-w V. LVTSLTIN DDaPDN _ a elated in aa)a lesxdietely ab The erpioyer @hall assign space on bulletin boards Which shall be used by the rut Period ss, DrwiGa • Union foe posting notices. baring the written approval of the Union. MPiea of all D. - Ntnteel C� - - notice. posted .hall be made available G she City personnel Director at time, that who }u@ laic his of her rowel ylaca Of,work for shale - M employee _- and L called back G work. hall ha etaQlLed a minlaum ; entices are posted. -..In o.vent shall a bulletin board be weed for political Purposes. ens, . residence the employe las eor@let"d :. - or for any Vmpoaa that will in any way injure the City or le, mplryets. - Posting of _ of two il) hour$ of overtlae, provided normally scheduled and assigned work day - the Onion notices shall ha restricted Gm...the a. Notlees of Onion recreational end social affalrat _ _ e. w rtime E"aliGtion whore artime work is required, it shall be approved by`t w s _. b. )titles, of Union leetionn -1.. employee's imdlau ryparvlwr. and SC shall be, equaliel C. Notice$ o[ Union appointments and "suits Of Union alectio"1 - - 8--9 rebolding like job'7 - d. Notices of Union reatingal - u nearly as possible - .: - claseitloden. within single departmentel dlrialon. - e.' Other notices of bon.fid Union affairs Mich are not political endorse- the pace.. with the mc"sm7 quell [. manes or libelous in nature. eC.ignin, we.tlu, " and with the least number of Permission moot be obtained from the City Personnel Director before than le any - time and abilities _wertim •. - - - boors in that classification will be "ked to wjwtee[,. _ to tra @.sat flat Overtime Learn among eeyioyees in that • - - _ - classification ere eqr 1, the moit senior employee sill - asked in -valnnteer I1[atf if than. le nogwllfld w1u _ za 7af M pelStled tuft K _ �anarA QletrlDutSen at p""re or P-Phis ��►►'1 M literature rhlls en eaP1°Yee Se an duty any emCh sec rltl.00t pt+luson fl1,CI7) OF 6LPV7CL 5 UW.tO P[x TAY 9[A20D /HOPSBpOPS -YJ.P :e hours - : 96 hours_ (11 D) _- . eue)ecc the offender to 0- 3 Y9"1 _ S hoers 120 howfe (13 D) act m sassed two tI) K enf one Blow., S-Io retie vs. Dxzox rusTxrss accVf9 6 hours 1N hours (19 O) 10-20 roan - hednrlesd Union bualeil tient►• lar working Twee CO S.neatlgap rttN . - 7 hours, - 16! hours (21 Dl - •:' 10 s -Years [eeilLdn during nW ver. ouch indlVld.! uo .ecus to the City easant. Ibre ..-, dtrwlY relating re the adzlnietseclon of Nie Aq[ 1uwMe1 DirBGtor• Lelon - his ahwnea the City lrofuela", llbrarLl" she" rwa'va 21 Vautlon days per reel• - u or In alis .. rand the su:baa+ nurber of ivua eligible for Pal- .halmtitl rhe Citi IYN9 - m inb[S'Vptl°n• -. . The vatLva a+.nua1 esrzY•ot'e - that then still M • Clcr [ec!1Lt1H, IC Se hands:.coed and the vleiLfn4 Nut er,- sant upon separation shall be oho hundred and ninety two (192) Touts. enurfrq sire city's aperaLloN - Mew.. o[ ynteTferenee rich _ ooedures. ell city _ safety and eecurlty Pr 'c 1, �DOLIDAYS .. sen _ a9enU shall adhere W t , The follevin9 dere ate. declared paid InlldeYs for all Cityvp1eY PD p,PMsj r7AT101( •Onion stNArd J VII. 6TCVA -. vented by - ' 1. The flier day of January (Per Tear•e DaY). - sea eMll Nw'tM rl9kt, rn b rCPr�. m e�w. L319ib1a esDley - or prebleae. i[ they 2. the third hon4sY Of February (unahin9ton's Birthday) or - - - diet9ras°snts Sled:_ eM Proeue of rsCOlVing ;.;. Yeno[Sal Day) • _. r union oalatann shall not M ease ]. Ta lut hondeY In Mny l _ - - - _ cMoaln9 to nprennL thensalves rltTou tae LM wPP?rt . •union repruenutl^. It N stip(°Yee hard(( ... {. .The fee [th day °[ JulY (independence Da7)• _ : than tun hours per rark_' OeY)• to m repruented hY m noxa d, The first mndaY or Sept=ber (Laborstward Bull be granted ...: '3 of a Onion •reward• the - sa of "preventing an , 6, The fourth mndeY I. October fletersn'• DBY). - rsieedan• far CM P��° - w1U f)Y and rTe s�perdear4p 7. The fourth Thurod" in xtvaabar. lTTanle9iv1n9 Day)• -. - -. In she 9rievante proteduce. !. The day after ThWB91Vln9.- . [11th day of Oeeeednr (ChIlete'D Day" _ - _.- VIIL:PEPSOIMEL TRANSACTIOx9 _ -. 9, The henry- , aranesetion or evaluation �ployeo shall relive a COPY of any peneMel 10. Rte personal Leave Day. _ - .. se m Wiz Personnel flies UPC n reasonable apPCOVal°t the Departrent Lead, shall alw Choou the day - _ __. site .': , rpleyees. rlth,tM .. lag Nay. ¢Pi°Y Bes Nall ha. office. u m additional _ 1 • at CM Pe[s°nnel _ . or the der Defeo orafterPar Tears dY and under the suparvlsion o[ u. enp ore before or steer Q.rLtaae, � xev Tenn. Mhu holiday. If the erploye.. alahes a different day batrcan cbrlswe aM [oval o[ the DeParCOent. Pe aa. IA. VAC riods atCOrdlng tD rho.. ' yy telaft ft. vlth the aPD laced �' pay a who are required to wrk on a _ _ _ . Vacation shall M earned and wew•� Those e_ployBea wr" an a eontlnuour ahl[t - . • - - - - Leen hours. of h llday ties fellovim e,hlavlal holiday a part of their regular shift schedule shall be 9 _. -a Contlnueua .hitt .d.o are required off ttame ocher rias. Those a ICYBee mt on hol•1deY Ta°re "owe at the Is e[ 11 # Paid for the 3;. _ to wrx on a 1n116•Y .1x11 b. W - rol14 Y Par _ S • mfrs the rormal rete of Ply U addition tm weeivLq oder) shall b ab erred _ ltil. Ci-a¢-.TCS r t,m fellwin9 day M° Permanent full-time employee 1e injured or disabled on the ]ob.. If he galls y fall, an Pu�daY• a eb preeadls9 '. In the went • Pa - - the city rill noe9nlr ? • - - neable Pursuant m Ptah Worker 4 Lbm-. -= Movermr. i[ the TelidaY la1L on saeNaY. and L[ the injury or _flinew to demand ewer ,. r a • paasstbn Lw and any related 1-91, 'tion and 1[ theGStY'• medical adviser datarmirtu rrld-7 so a holldaY. - r that clam a[L from wrk is rtgrLred. noQMactieM shall b ,ode from Ns r plpyaa'a _. _ If. PIS , e, ,Tall earn {Moil of asst elek leve or arcual accumulations Lora period Out to mora,, tw l71 full wrt1M Acc AL Po fan-timm employs [o[ dare lmediatSiY [ollerin9 W dbablln9 Situation par Snel6ene. i[ N, disabled _ 7rpleyau rM are granted a lure at aDunem tdU WY r, - period. - d rata:- 6lck Isere • -- - - Period In Mich m rseupereb and lova par Pay W _ - s a shs11 continue tm Aarn rick law* at the Peeserlb "Playas require, m[a than the _tw (1) wrk-day D _ - poelridn i; _. sick lure and It necessary. any Wel', enlyI ex ""as !n • Permanent return mwrt, the ae.Plo7e, may b Subject m normal . -.-. __ - ed for lure rltMpt Pay and _ .:.: cerawOb earn a the time of apPalnt' _._. ore aC _ ,hall be granted sick laws. Aecumulatlon shall ooee.... the laws of absence PrPvidr.-r, _ _ ' late onmed sick lure UP to • r19hi th aecau - .. Lill. PPIGI� - rat. ia,DloYeea •hsil Taw the - _ three dare Iowa par incident with maximum e[ 1.{{0 hours hno dayel• nsetN • A. runerels. ElPIO7ee• .111 b Vested up m Nr .. ent. art•�+l•red sick lure NSil b eery', _ Compensatory elms upon LermLneefon o[ employment. .tion Our lose_of accrual from Picks-Av�uel roc Corps - - sick law and paid a W eaploYN_ m las of cmPen• father. stryparut•. - of Adulated ,. e. . - - children' 'eche. - basis of enrhalf loped m • pereansnc beat for t1+, W attend the fmwal-of his or he spww, .brother- _ Car en fire oust .. _ -. cots. moot or mala• - - Employs" rat haw Dau cep _ . , faNmr-lmlw. 9randPa< • Nrvld W b eligible far Pa7ayet eI star, brother. mther-ie-Lr. current ulat9• _. -- _ - Permanently Iuv1n9 - ane Year o[ mnUmou equivalent o[ rro then sletet-imlw, NDStuSi mrbsr of the lreedlaa houeeMld pe - _ . _. - cancellW for each day an "Playas !e e[f elck r. uC a - .I,ted sick lea". resided under Ns sae root, or to • silitary tmarel !n rh1eT such ewployme • N ' 1s needed sick laevo rY b used to surlm�ms _ A day of sick lure shall be _.-foF[ bsU. :1e official pe[Utiput. if addlUoiul Uma _ a day' OD ; • .oval. - - - wrk rmek. or if los than_ of three day- vith the bepartasnt Aad',. -PP--I-- du[in9 a Nreal - - may ore acct leew ,Cram M1. full la •Ptd. _.. - eD Sniuq. the s7l°Yee 9. IA f Absence Mlthavt mere A leer, of absence rtthovt pay - the ,rent of u on the 7 situatSen. Atter Us ,wench lT) - the explape'a - diatSiY following U{ 61saDllnq .. ebL,, 1 o[[ free wrk. M1eT be bennttm'eonded DY wrkln9 days lar nue[on benefits art LT t,mined amore of mfr 0lractor [or Library - - :. by err City Manager or Liarary _ day [o11ovN9 a disabling situation Mocker's Ca pa [melon • tmPaeemant good And approved _ _ uN accumulated sick leave U tomb d Lwlry moths. but r7 b exte.ded - employee may eantiwe to - Nie .time she ref lmt of normal Pay Until such sick employees. Such leave ,hall net "tend beyond tion of rternitY u oC tl,s C1q .u.u9ar• r1N W exception _. wraw', Cowpnutlon bandits td • maximum VLth the KLtteO apprav _ - - . - leaves, the tact that weT a leave is Pose Nle does roc anon Nat the leave ae,,,mulatlan le eaTautd. - - and Military .: requested leave must be granted, A Leave of Absence deprives the raploYee'e,depart- 1 e. rho It U eesveM le needed-if Ne department wane of Na sarelees of an asp o1'e except in tlw ease of ' is to POP do do its lob.. Loewe oL Abeemem M1Nout PaY. D - be u • Pr1.uW^ and �•f^•a - disciplinary l.ar.l..Teuld cen.lemA t1N e•Ge+levw factors l - .. -. roc Pr for coverage WAor the group life insurance plan, tlrespartkenc end the Clq_@•rela a,ut b : yyn empley-a le granted a leave at [1 P•r - .. - [tall not re To mel other benefits durLg the period of Abeeno,. .._� _ -:- _ u leaves are granted Or net. - : e' , - C W hie.Mit/herael[ to alloying the ve'P b. . - G W peperemsne Mead [teal -_ -. pay. duUae that the employ" duty be Paid by the employer in N amount shall Duty. LwpLy-el on Jury - end OL the lea" to the a•ee at the <.-tta C. Jury - sees the employ-* would m" earned to work --21.91070"' rill return G the sa"_ .: '. equal to the difference Dellen the arount of w9" - ret On Law, .TTM Yben he/aha w !e 1 of ho ICUs straight glee Aeon for the sploy-r as chat"Iand the astir � by working daring - sees . __. _ _.. of ea�aneaeent ... range that b/,b .0 en at the LLs _.. ,. at W'I e the moures, not inaludlnq Gaveling e11ww.+e or [elnbutu- Jury duty fee Paid by - �e r"Weas x111 De that PreNallln9 _. range m rh1N CTO espleY _ �. .. . Ment of @-Panus. for each day on M1tn W amPloyu reperte for or pe[ftror jury __ .'.work for the cmplayee1• Position within the comment an. 7---OaUon... Yithwt Pay. MTM .duty and On rnleh he Or eb otharrl@a reals mw been scheduled for wck Ler UO -..t hired G flll Sn for employees on lag—e[ kbomo• "player and will not be charged against the oPlOyee'a annul lure or Mick legal, "player aeardingly, . the amployee.:ctg" An •*Playas on a jury Panel *lull return G work- for the blarse Of W day when _ _ When granted a Uaa•Ot khsente Mlthout PAY. to anGtt the . - - 1L more than one sees. the employee is matured by the mart frm further attendance. - and O[ the 1e•w. hLlute @%umin9 to wort et tTe -. _ dell b grovnde, Dour of the normal work day remains at NO Uma o[ TSa/Mr dismissal from Ina of the leave - - or the Personnel Dlceewr at the _;. _ . W court. oral permanent City—playme, mall b ai19thL far tlLL• bnKlt. ' I separation fro@ City orrice a diaednal. the •spa _ Employees. @hall be granted lure with PeY hewn roqulnd G babsent G um .-M1. 7 aeplOyaet purinq •low o[ absence rtthwt Pay -. u a court ritnme, Ind shall b paid in an ameont equMi G. W difference bHwen as _ _ a. "Dome not recoils Pay from the city, - wrkLM during stral9bt tLaw _ . oL ragas W employee would tow earned by Vacation row Sick lea". - pose not same '. the amount _ -- nation received n@ • witness. _ -" employer on that any and the tomPe ' ' - - Gd vacation and compensatory .. c, twat utilise ell aeaueeda hours Lor the t . at a1seSPlLary aeUen_rhee - came they amp OaceDt L - - D.yotlm Tien.- - _ action. May not bused gO Offset W . _ If an eeplores L required and In fact work, during bouts that would mks it -. Egos Pick Islas, except in meas 4 Cres d doct,d _ '. - - aro, seLDle G lots in X•tLonaL Seta. OC local elections, eu[Itefent Uar G d. Has m LACAPetlGtlon, L rlticlt We Sick lo' ' injury or Other lots rill be Provided for this purpose. _ until accrual, see aal+awGd. .: tions if the low Seaga contrtb -. S. military Meet.- _ _-..' - -. .._. e.:. Cnu+ot Pay retirement -Ali officL1• all tapleyeos of the City, other than temporary emploYeea rho are - .. - duration. _. `. _ - Calling due e - more[ Part o[ taw i ==bars of tb ratLmal Pard, or,.Lrad reserves. Or any. tor.,o _ _ -. DOaP1G11uUOn PrWwos Beat Pay 9revp -. - wllitary• morel. or air forces Of the United Stakes or -SO —7 be otherwise the employee is net On the Payroll. _ Inducted Into the mtluary aareice of love or of the United Setas, shall, Men ordered by PraPe[.wthorlry G weave sake or [Masai ,ereiea, be entitled toa ret ter, w Period of such SCLLM-crate Iaarm e[ sDeanew Crw such ek+ll eaPlel'ai0 without loss of pap or fedS:alwithout ion of statue of sealerle7 and ont with the city. D4Poalelon o[ all raqueata for lea"S - the LSnt 33 VA of futh lea" 01 absence. tertSnated her eeploye during to [ill any w[aroy cnatad Ln writing, - --sutra a t®Potary appolnesant: If absence and artensloro thereof 'Tubb W - The city M "got nal by aueh 1"" of absence. a aeNlces undac ailLtary lana frea jiV. RFL7vCAT AND PLMAf2L2TATIC1i 91CY.rAY almrolleeb U U illness _ ;. y r recognliea pioelew drinking I ilVLoIee■ -to have been !n thetArse t Yu 3• yo :Te �4 oYn - - nwtacuene ta. city mpleywant yyntaln the od9fr'eL s?lei's" in StaalL. L Out awn - 'bull open \d wt>,ant which abould and can be treated.._ P"Dieu drinking en uLY _ aaniorlq' and ellglbLlitY for salary j is thae a City o*P1oYee1 through- u et ealoulatin9 "halt. had [et dimlual. Iha C1tY's poll [Y for WTP^ _ span t in the eliltary '- will be given an h the the.. -' and rshabllLcetlon. �. tM aawa ea though _ ' raw of edueaefe" tmmtvent. _ _- - ' roNldsilclon.. _ that such mPloYae Des ranlwd . limbed PrOg - ... _ ovldlnq - , referral resources and Pent In "PloYi'enc for the .City. P< - rselL e[ the UNtces. _ been sD eppotne.lty to avail hla/+e _ _ - - A[se Saniro. w his/her Position nlativa W b - an honorable SePeratlon fret the mntlnuin9 Support ef. the Ptcgraa _m LPre All —Ploye" It the City e1 Iowa City on all levels a" y. Pte • - the Lyapbeymr and ths .tlnien egrma preDlw dilnkiM• - - "cogoLaln9 the changing nature of Nle Lne. this ieaua; Dlsabllltiab eligible for tzeatxnt and rehablll"tlon. 1\tlen' And legislation ronrornln9 - _ is en lllnne.. it 1 - w cosolY with :EDC re9V abortion. aA recovery thenfra i:o that P"Dieu dtlnRln9 . dstarzla9n• rhe city oC Iowa City reco9n sty dysabllittef, elld \n treated ea 'ueh_, • eawad or contributed m DY Pe..1. y wLl] be appreecbed in the safe wanner as ue oth+r Nmnie and eedlcd rondl a". for all job-relatN Purpoiea. -. Ma' moo. a .yes anticipating aaternlC7 s�'Sl Lime. under the C1tYls sick leave Plan• everninq unpald laawa tRe+ - - - to e• with •nn aemrdlrq u zulee 9 .. identifies and "habilitation pf the atp. Y _ b• antltlmd to a leave e[ sMof her desire m Hearn to wrk. the i. Procedures. The 'ably _ ' - kib111ty of Ne laeedla" auPenlsor. The y as lvea rottfleetlon to the City - - - old U'P ey 9 weko [coo receipt of ent1(leatlon e a drinking Problm is the nsPo^ _ within two =. what constitute' utla[aeury work __ - City .Shall reinstate said eepl°Yea "pecvlwz is reapomlbie for aetecwlntng h rehabilitation will 1» - - Salons of the C1tY for lea esPleYee/ R1L in t[ceresnw with Ne oe.Soricy Pr°'t -. pe[fotsancs. Although raala+w afilstanea th"u9 - .< vy departMnt Toad a! -least [!w eo.n • - ro ris" such lea" Shall ratify: \/ is -nor ralaad ta N acceptable incl ePP p aapl,yeea requ�iM pploye0. say be employsd as long ,,tamed. 1[ job PerCornm+'•e - _. my he" - - at au'Pec thcY the antlelPatad date o[ delivery' , La to ass who Pe - prior to - e / atatafegF. USCIP11nsrY action will De eaten. P Y resent a dodo are aneoura9ei w anak to see 9ranteG loch learn shall P_ rt beck to .M _. - rubles: -even In the early eugU.. _ baslth papita... IDP Y \„y Uployes rho ,does net "W ,c s drinking P h a teo0g0Ltnd - tne.efrOw. - �ava fro • - en • ronLidmtial basis through ta pcegnsncY end "corary tnauent o_ town.linq - In Dec lsmva o[ absence roti['. or • not sew !n•rowPlete cont"] _ . l"tian date ea sac (ora _... _ • probles drinking center• it ch employee doe - by. the asp _ - Le It MLI' on 1 _ , coved extension or wire aecepte other wP Yen° Nlwt 'hall be "aponalblm for the . • erunal aitwdM. the supe ,. ' zantw an \PP _.. s x111 b ronsldend to haven a[ Lien y _ be, retir[e'ent-Uvin9 - rtmnt Head UG personnel Dlreetet• - the C1tY• et who rlthd[aw h _ -k] ra[oeui in ron)unetlen with the DeN __ _ '" , to N's Option, to -a Malt► tan The onPl°rir oall avDserlbe let the resp Y e oe aLtt" a alnfls er - S. Ste eeployu Viso• • false lesson [or leave e[ abaenR. •• Cin for W ssp� Mile ab,ent beoa•e_o[ llioau or Sn7ury• lnNrwae pollry dth mloa s1°d/cal 1xM _ .• • M employ* shall ec.Ne seniority _ - --.. - mcedures. seniority rights of soy Patensnt - t w nie+•nt Polley P rsalrflt = The right to rf•er�lloy"nt and the mntinwlnq - raft pursue^ Doss w [all -else P provided at ro arse, wnlea or the united _.. ebov� malice, Lnerranee 1s m a P M• •eeployea who nor o[ hereinafter is • ptrber of W _ _ _..- The - sif to lo• than Lull-tls PC[srs _ atiorur rnvIdea on a prorated ba governed by W Ia" o[ Nd unite, States er any Legal sePloYaea sndrlll be P _ _= States shall DQ gor - ' _. Wreol. policy for"t <ploYef to . order or direct'" or rule of any allthorlrad aganry rPlolasf. 'The-IaPl°1'er shall also suD•erlbs m s lata ,tb4Lr n salary . - sane dollar- y�pWt weLW![ eras • -XVII. TIF[Z't[ 0 -. fhe <playee gains a f rlodt the neat greater s"n tilos Open wmat•[ul ecePletl°n of A Probationary pa W <Pleyaer job classification allowing t. 6u1110RM ARO iRPAC'f or SrtIIORTTy • me" with the City dints seniority data Ln that eoploysa'a 7 - _ oC cantinu°u nta, transfers. and "Oectlwn is de[lned as the length in on the day Of ` ` a, AddlUenal tonsldentlen for masaigre fanlorltl Seniority shall beg vaeatlena and/or other leueal date of last hire to a pereanant PDcltlon. • b. Pr1mrY mnuieecetion In echedulin9 - mpaUenary paaicd hes paw msplatad _._ .until W P - _ Mployean but shall roC apply r°[kin9 six (6) can UnDoua wnW .. e• Additional misldnrntion 1r sue o[ a laY"°II situation• sial Drier acquire seniority by leer p 1,yeu may the date of hire- hien J. consideration for recall m work- : as01o[Sty X111 Nue back to _ _ - which use W mPloYafY hall he he Placed Less seniority. Che Indivldual•e nee° list - R Op trlRlt OR 1TCR or ryf.95 IaT-0R JnfIII. 51PAPATIO, UrrAOSE or MMTAItJ- • the sepl°yes acqu to -date •en1DUGy . _ which eye. need for the mplorie • _ aMieritY datb M up' •lrrtaiimnt of work• !s adewtion in - W functions - .- senlorlrylUG !n order of the _ longer rforo __... _ era l6, •onW• eervlees en ro len9er required bsuuse .Ne. City no long D° _ shall fee furnished to the Onion every t _ • s}to the W. paw seniority ad is ro longer rP1°Ysd it . to which the tMl,yeg was assigned. tD the degree that the sem ma+ber of <Pioriea _ _.- M mP1Ori ere needed. - a1Uoas 1. ` yM employee :•sign• 1, .She vP1°Yas 1s discharged [or lust cause. •fact of yurds•.L • situation In which the city L tome, to drop t" . I lee. rind o1 three nnleNU" Nye w the funds w Pay Ne aalariu °[ W 1Ku+b^-let eP °Y ._. f _ sbswt fc�a "°rk far a pa because St does not N ck o[ fund•• such ._. 1, ..The expleYaa is - e of euctatlmnt Of we" or L notifying the maloyer. _ b in the went separation beaus _.. - rlthout • dePertaent in" and dull M male - loyee fails to give two weeks roUtLtation of lnGent to return liaised !o the --- [L the asp la ee doff net.: reductions !n [oRs_ahall be _ aced category Atli -`e doter- 4.. abeencat or !f W cry, Y order "thin aseh design _ - aspileUnn o1 a leave of U the fo11ow1M ender. TM .. _.. _ -_ '. work at W - at end receive • written fats e•e relative value toward - k and docs not roque - sled by the pepacynt Reed's valuation b[ the erryl°Ya iaradlatalY return w woe :..ted to allm a•' ..givingmnslderat1nnu to Tis shall not ba interpta caPlng with the raealydng work load o[ the deputeA _. and depsrteoncal senLw. den of said leave of absence• -classification And length and quality of City of three NYs after leave e[ absence - T. , __. _ grsee PsUod 1) TIPorary Pert -tire anPl".ea _-_ ____ `.•� i ees er eePleYees on speelallY budgeted Progress'_ ---- _ TmP°rerY Lull -else aep eY ". _. .. -•M Svpervl vers, Dhlelan Need• boa tmt r d Shell, be hold re +poalble fes ]) pull -dove budgeted employees sereing probatlenary-Patleda = r - ,. - the Implecenution of appropriate safety standards within their respeetivs '- 4) Part -tire employees who have Completed a probationary period .. . activity are*.. periodically rsslering accident ftequcncy and causer AM inspecting -` S) pull-tim employees with regular Status. (Probation completed) for and correeting safety hasatde... _. - - 6) .:The Onion egress that the above sequence of reduction in force.,6 .,. ,. Insure that all new AM Current mployees.(lncludi.7 aearon.l. temporerye and/,,sub)ect to any City agreements regarding equal amployment oppertunity ' --part-rico) are thoroughly eMlsed, instructed and supervised In MCSs/sty aafeey. - .and any AffirmAtive action Omwi- Its. ' policies. Practice[ and procedures. - - - ... ,4. '. ...d but Nre ars Bening a praeotlenal probstlatee, emplayeea who have been gNenta ,:.,.. - Prse-+lgate and Provide full good faith support to the City's safety progress. - period at the time of -Such [eduction In force shall b wMideM As holdMq • -' .. The Department Head Mull make reasonable Provisions for the safety and health of - a position in the highest classification In which they hew completed tln plebe ' mplayeu during the hours o[ their enploymen[ and shall prevlda for aPproprlsaa -_.denary period. - -__ sane of and .Access to protective devices and other egoipmnt necessary to protectemployee/ separated Guesa o[ 'Isek of funds' shall be given formal Witten 7 Ne evployees from Injury and .1Cknere in ConfoALty rLth statutory requiresenu.- - --.route at least tvo week- Se ad•ence of ale '.ate of separation or two woks . Aeoletthe Safety Committee In arranging meeting. and be present during safety - -of regular pay. In lieu of such rodce• 1MpeCtton8 AM tr-LnLng -eeelone. - - STM Inames of such separated employees .bo have regular_ out" Shall be Placed,9 -- Hak- arrangeaenu for e-ployeas designated as Safety C(rmLttee rombers to have - - 'w -employment lisu• for prime consideration in cue of call-backs In the saw ,t1M off for officially deslgruud meeting/ Cas coo rdl.ated by the Personnel _ - or similar opacity. - - - _' _..._ Director). -. -- --- -- - The parties to this Agreerent recognise that the right to Contract an0 eubcem wherever possible, follw through with Safety Cocoitta recommendations ID - '•. tract is vested In the employer.. is understood that this right shall not be ON ,_ � mrr•etlnq huardeus Condition, or othe Aro la. pvlde for allevi.tlon of the MUnegstnu for the purpose o[ intention o[ undAAlnlnq e len. nor to discriminate against Unsafe act or condition through Innovative moms or other. course of Affirmadw any of las employee S. action. L—medlately Investigate accidents sed prepare All necessary- -- - formes for appropriate rib. S� - - , N [or implementation o[ job eselq�rnts• - docusImution or In the job injuries end Accidents. - - - All City employee/ /Tall reepeMlble -- the afeat manner possible. Prlmte Consideration shall alv.ys be given to W l _, Aeocemend Appropriate disciplinary eeazwcs for violation of preacrlbed Safety procedures. - - - - safety. of the employee. - The City of Iwo City# recognites and endorse the spirit and the'istur of h All City Ltrolovre. Shall, Se the taphlY favllLr v1thAefetY requlr<mnu And onal Safety nd Health Amu, and shall endeavor - - the rederai and Sate Occupatia - _ .-- to..,, practices for thaLr respective ardgmenta. Ignorance of Such requirements shall - - Sch leve tecMl eel and attitudinal compliance vlth prescribed requiremsnts _ --recoAondttloM and procedural vthnda. ' TT yrY not obviate the of eefsaY elolatlene ror &•seen a00C1AtM tlecLl11W1 '_ ' r possible. to Prevent NS - _ - - IaMy retorting meet• o' oL W City ab Ne Union, lnw.sa ae Po. _ -: meuursA. yam, men _ -- It atoll be the Policy - articlpato in W safety pro9 -. ell with Nose which coni.. _ _ Actively P - ecln to their AupewLeors. occurrence of 9rlavuv_'sa a+ed to dui Pro"P T cenaltione cad Accidents or injuries: _- elA71T asa9e*oaa - ormmd Keet"a9. practical leaaa or sM A. Aroeedurae. -: Aealite that MrsePleYr fooling practices end aN11 M Malnq 0[ eg.yorkarS r,,stltut3 • delaelen of safety Pr . 1. d grievance fust De taken to the laeadleta aurrowLer within fire l5) - : o[ the altuetloe.. days following )U—Ied9e e[ the accur"are of the p[obim by. the eaPloYAe•. - action coarnrvnt• with the wreritY eetLvltiss working _ - Cause (ot disciplinary _ e, in safety be settled at this level t]e,eu9h discussions mire and "captive re Preeedd[ai eNM ., I[ peaslbler W grievance should Peedn Atte - d meetings. - _ weRL, deYs fellow ng N• knwled9• of �, Aiming seeSiene An with Lnvolved Parties rLthLn five (51 _ pelnts of lnfo[matLon Presented at to _ loot.: The MPinYOe 'AY cheese b b represented by a - EPs shall ba aPPolntd by th the grievance by the supers _. -- C"lTrEZ Mll�a - soler Cort+tttees The safety. AM each ehetaetar Utice as field of eapsetlSs ler - Abrard at this atAPe- the apl,y,g and/or _ ,. - Xanag,r eonldering ._. x. In the event Step 1 does. sat tesolra the sltvetlon. with aA[ety goals and otlanuelosa. tlwaneo In Kltlep to t,A p,p"event need within fir° general compatibility _ toward my forward W 9 - . (to and As days following Step 1• The Kitten decusantatlon rust include Specific Cip'iNTN� will M Pr°•1 dM r! arbnnt Head eTall SL. war apeplal re11[otee • sure W rrsadlAl Aetlen requeeted. TM Grp reWlred to 0utewA. - el[ne•eunces and _ Kiting Esp1oY'es .be are the mPleYee. , .Na natter. And render • decision in - And 0"neenenm of Sale tY further lnrescl9ete and document- the cleaning - erupt for Parkin _- - sen "([ossa and rill rot to Prue working day, of W receipt o[ elro sego _... hats. lockets, sed tnts. within five l51 including -' ahws_ - A griwAnco net settled at step I atoll he submitted b the Grieveno. - - rotee' J. Attrent - Enforcement Ate'nd will ' employee will Provide all required protetUve clothing. or p Coomittea within five (5) working days of W data of the receipt of the Get The eeP Y '- chase of safety Head'A Klclam reply A soaring concerti, the gel erence ahAll M hold t11 the one hal[ (l/I) the Price of an_ initial Purchase - - MtuAl' including eeIly [or the "Placement of Sud ties within ten (10) day' mlue the Clan la extended M - -- -- - Aooun, of 515.00 sem - .. Grlweece Coeval reScriptlon Lan 11 Stan n.y request radiation mus of sxo.oG aM N _ .,- - efploYee aHyl Provide the full cast o[ safety D Atioee ympL agrersent of both P'rtlas. I[ neeevarY, either party -- deternlned by re9u1 - _requtrteanu roc safety equipment will be through the redaral Xedletlon sed Conciliation Service to facilitate rasolutien of • Peebles.- .. or indirldoals Al'cus'ed A[• OSXA. • seth pactSee-•,tee W in that toDln end/ a mins - - r di.cloeuro will be and _ Jori• c,itv6regarding Wt "Ming. • to be Ae1d in absolute confidence and that ro. _ - defined ee any alepute reg • Beed open. -- -. - - Grleru¢es 'hall be - Ar,d provision e{ this 1 ennounrrmence are mtw11Y 9 dolatSono o[ tM terms _ - application, or alleged {. GdorAnces not Settled in Step ] It the Gdwance Procedure shall M of binding flnalbf(ar eubaLtttd to third Party no0ce" advl,ement in the fort - - • - Arbitretion as a final xcu,¢se. - _ A "guest for arbitration must be sulmltted by mitten noticeto els gtMr party_rlthls fifteen ILS) days following 1"ase st SteP. "neo for .•:. " arbltvetlon shall be berth equally by beth partive. The arbitration Proceeding shall he COMuMOd by an arDitrator_to b ('.. selected by the rmpleyer and the Union within seven (7)• days &[ur Mtim. Ma • [-i; -' fall to ss1ecC N arbitrator. the federal tadLtlm, -i . - been given. IL the perdu and Conciliation Sam," shall be regw ted by ej&m er both patties to Peso- `, • - - -- :.. - vise L panel of [Ivs (5) arbitrators. both the isployet and the Union shall to strike two names from the panel. The Party toques" art tea': _]r have the right -one the other. FactY shall then strike (1) Nma..': tion shall. strike the first t,ml The process will b repeated aha the remeining person shall be the arbitrator participate on this co mittee atoll be rertlfled in writing to Ne Employer.- An --_ - - -- - - shall be final aha binding on Na partln Tthe arbitrator The decision of AFSC I International Aepreeentative, the affected steward and/or grievant. may to issuehis decision within thirty(70) days _ The arbitrator shall be requested _ be present at Grievance covlttaa aOatings. after the conrlmlon of testlsony and argumnt. Nanagsaent membership on the Grievance foralttae Nell consist of five (S) - - arbitrate. Nall administer aetividea>: The rule. of conduct under. which the -. ..:. . 1Mi.idwLdedgraced by Ns Cit? Nare4ae. -.- • -.. (Senate file 511) as may he sodifled . -- This —Ittea shall also meet monthly or whenever necessary at mutually shall be purauent to relevant state statutes ' - - -- - - - by Na. public Crp3oYea Relations Board. arty subsequent 1e4lslaticn, er any watt'.. ..meat time far the added purpose. of adiwting pending or potential gels- - • vance.. to dim.. ptocsduz.. for avoiding future grievaxnd .s. aother issues : - - - - decisions pertaining Hereto. r. ... ' • ;. ..; ,} in one of the steps, Of the Crimea •Ant grievance Out appealed from a decision .belch would Lyrore the reLilosshlDs between the parties. be considered dropped and the - _ - procedure, to the nett step a prescribed. shall -- - - "ll. GAIIYANCTS ACATNST Tin!. UNIONti -- - - me limits sat b extended o[ - last decision final and binding, recePt that - -In the event bamgemnt feels the Union has violated the teras and provisioraadvanced by mutual sorsavent of the parties. It the employer is rot able m __:• _ of this Agreement, tsnagesent shall have the right to file a grievance against the respond to 9zferenes within the Prescribed fico 11relUt up to and lncludlnq . , Union in the fore of an unfair labor practice through the Public mploree AAlstions Step 10 the grievants shall automatically progress to the next sup of the Pro _ Board. 1nt22I. GESTPAL PAOVISTONS - - _. a.Grievance Covnittee::-- Union mzAbe[ahiP on the Grlevss� - for the purpose of the grievance prxedurt. - A. The Onion Nall be notified in advents of antlelpated pereaaent major - - -- selected ' five (5) 1x&1 makers, and. Individual to cbangea and .r rkirng conditions, end discussions at mtwlly agroeeDL Cos/ttee shall. consist of ' time by the Grievance Coalttee she Tl be held Vernon. B. The prowLlons of this Agreement .buil be applied equally and without - — to all employees In the bargaining Unit. There shall be nen _ - discrimination o to age, sex. marital statue, racer color. craed.. -astiomal origin, or political affiliation. The UL,, shall where equally .. " with the Lyloyer the responsibility for applying the prawlatov It this C. Employees appointed to a permsnsnt Part-tLae position and who rock an _ ' .overage of twenty. 120) hours par week or 1.040 tours per year, shall be - -_.. eligible for All Cringe benefits o.•nL Prorate basis azcordlry to the aene7 1201 "Doers _ ",bar o[ average VS Ishl pOrt.d at er aDe'n the - [ _ sue ran or 1.Oe0 hours par Year ►lnLet►. - ea. Thle �zd•e pnil4 ea extra cpdit to 6umdaY - - changln? agemele eMdltions that effect the inoses and we9e• Of atPteYe Library the underatadln9 We; p, It Se agreed that the eteent with t that rill b nude to tM aLry ten of this sqr !, ore ways to new• ['award etl method will inwolro • =at of living dlunteen _. - worn b mot/ousel for the - 7 1975• the mat o[ living adlustxnt wowlC b *aha N - r- autuallY espy plan In Intel. on July 1. Ns union and, the ytD[ary _[load worn. • range Plan attached as Appendix A and each step and - llty on Sunday W elaaalfiution end Pay _ - CoMltY with 9ene[sl city Pe - ubenefit by the adJ-CC* . each employee wold .: - - layeds in the. bfiTgalnlM PST P�.att es Cor all emp .. y ualrq • Nree Year mving %I and -�� the pal ranges - -. Tlx met of living edjlltawnt will b eserld out by _ _ The al...Wad Pool and A, This eLsslilcatloe .. - reMent are attached a Atuodt" Ss bMiM/M July lr ; oenge o[ Na annual Percentage change in Ne mnaumer Price Index of. W - unit l[fsupd bY.Nis A9 - range will M rW1Nd_ VY eansgesant on an aMYA ba edar paplds -Iowa city natropulltan area, the Nroe Year We ng average amps _. Compensation plan on an annual beds at Ns _.. _ - �-A updated _1! nareasarY• len to th ndr pY adluatsont will b nada W the eospo _ 1976. ylbeary board D•y 0 Current City sod basis. The spleyaas •tart e[ each new budget Year on July .lot. the actual ad7uat�'^t viii b _ _ -he transition true the cur -- to step 6 Appendix A shall be "de oo step .. previous calends[ Year. - - spall ba datardnd on W doterelnd at W and of No p _ _ _ - - planattacheda APD• _ - eais y increase -- - change Na mnau.er -•- . - - - -. Cats for evaluation and 'a 1979. Percentage chan9 eligibility - increase during the Ye The three Year moving average, Of the annul pe - of their last Glary. -. will sn ustiLia-ir ease the dote eelvs tho .. Litan area b applied - basis of - - bea6 on atlt. coployaa -< price index Coe th Cedar PaPids -lova eLtY strops _ _ - rein is W the resulting dollar len agreed to M Men t' specifically i old -point of each salary range. C. In. PSI D witless saaa9 . a an adluatsent to the _ - their eligibility data to the grievance prase' .. - e.-: Caen. Salary raga would evyJact _:_ incites on - _ Centel atoll b atount will be Nen added m each step the rang tae telarles. - Sncreaae and tuN ; denial o[ such resin approainetelY ]Sa to 17% !n lengN between minims eM mala _ _ t inning at step ]. ydlee. eana9eeant agsaa tha du:. M9 and without Prez - Pp�rIATIONg this tenvaet. of W nuns-- PVSS AND PAOcc'.N1sC5 Coit t7TIi1nC - for W purpose o[ at the last. staP rutedura '111 - ... a salary is [or • = eesent recognise that certain roles and D who sue Currently ta[n1ng be ellglb _ Both parties m th[a sgr _ WN MPI°Yeee - - M zooid not oUurwla- .. 1971. and `• to b given • earit required for future negotiations, _ la a or eecesbar _]l. aa. are Pay P e. A. „ Negotiating - Mary increase In W transition to the new Pay p data o desetsined_ir - - [cent an their nett eligibility .. __. ify a of The city and the union shall each b entitled to a negotiating tam of Increase of fir• t7 D< - those who Goal v sa-6. 4 shall - le av ila+U for only - , eleven (337 reeber, at each session. '[ha .eleven w-ebr - - ebve• ;his edditloal step mnstitate the owtiations team however. substitutions and or W.gaa - -. Deembar 71. 1974. n len rill pre' . _ beg,MI July . 1. 1975. the eitys wrpensatlo P -' ran be =as in Ne. eexbership tharmf '1N benty-four-hears roti[+• tb - will resutn wnent KN D. It is agreed Wim. csuto , ed m have Su eleven eambecs at each session. Ibr all by vhlch W overall salnry acro Inca[ la required .,do •method . working hours. all union nesters tmPloYd by the - - .... ons held during - - - - "— elq••hall have tLse eft auSlect to availability as dotemind by their -77�.h,eta not be riehh.te mine wpanlaor. b t a•Cd til oft the t••s' shall [.calve n9sl wave . awp1M•� rnb•n on be a•yactea hour.. the our (\I ts 41 City lofting -.. 4n'wplor•• rr - `_ - See a"l"ai - ay ..ch.., hale eudng ueT ..Salon. -. _ \full public alsete.ur. e[ any Prof^ the beginning et u polebl•. of W - - auch tiara cher, rill be -�M the Public and leave. _ Nlee or rewlutions - by the union t.S`e .t des or location ordinances. - - of \grtte1Gnt. tera.. - _ Mat°ry rtunitY to Mnddt[ the rewiu of W elect to use eonpe' the union .erbcrs will have full opPe - option. It Ss there agreed WC al ne9otlatl.q ,. _ a.vlgr�. s - -Wir c•m.: Said 11 rork of the nsrctlStlu9 t•s"S' -- - otiating - ' tlue•ro ens aSeePt v'^ n<9 richer p11aL we9otlatsr tet _. Ch Me atSLq . .lecutive ninon and E. - 11 have • in char9^ of Seth of the. Lupo •".ions stall M 1.1 _:. las .hal b in W nulw+• actin she - . to take ro E.en OL W P designer still U. ti.tieSe _ USAS. ad on. ParseI for lick tea tsons•ta - - .. - ao 6od9 .� aL duct oC W n.90 bavevet. way jointly agree to \liar Sddltional D< _ Cht.t 11a9ot'Sator nathin for the rt. a^drot She Parties. dn, 411 .asdoN _ cin de teem• and .hallbe resp' adations cv fePo iamr SL the Par m any'"tevanc or n5^"'t no ect+r lession ts act u a sed _ aha sms9s' - n�gd►tlons. .; atterd any- union .d -- his nm n fell .-.: -- tawent. teCPasane\ttofu. , _.: 1 oonteftiont tie's to both the - .setters disco In the rill ha held at mutual Y _ - - .rya Say st._ -:news felon. of aM SAY to the "gotta AS went rrpnsentetivea. _ oL ayther negotietlnq teas mu'd._ 'tabor .acus. cert Sec one stats _ rl.h m dl.elosu[eeof •^Y D• pro rosele Ns Stew. Ney _ _. chi. f Vegotyatct tithe an s Witten Proposal. as m _ or "Parts of �• for the _. fattens aha .Yhe parties e9raa to Pt.Pai w1dn9 ad delivered to the •. I _ Ib a,bltltutl' rY b. Substitution a 11 n 'i 11 ^090. gil\to[ shell" m .ala shall be in - dl[[enne - end upon sul+.tl ` Chili Neg "egotist. on. Such P W _ - velvitp _ v[it1n9 W ^� witionsl Proponls !n rode. t^ t until [lea ereting• - - - Les Par lmd of on. wa Other •lG• at eM sats rY to sumleced �e any tlr - during the m n the original ProPo .al. sotwinion , : - .vb]eet eaten W els the cane of the Prop° iLld• bemm. qualified. during W negotiating ➢locust It - _ M aneDling each party W "rceeiVe cession. ➢striae that the Argo Caoc... ernes in the negotiating Process_.. -.: -. [ C. and sgreed by. the of cvvPllcat Le vTSrL: to lista N. P : - f the parties In the arstoad ayy rite[ ' -' ties interests r_ W -: - Lc is Sena , agbjeee w told N other Pet _ a nMo� kms generally e[ th° reenent .d dio9nWnt _ process .that to . is • dlC[lNlt P aaaayons. •^d negotiating rasa way detefolne the areas o[ the a9 nsgoei\I l the aeSII n by, the .,. 0 of .rem oL dir9r•ei°nt which rY rY Sri.. the '� damage the _. - Provide Wartatlo _ lie of to x1114 in ibi to Prolong - ad b Pt°P•red ro P _ - Seaslona 1n Podia ,,14 inhibit. ynhiDlt. tpubtf� or th• new rUa <Sn S.•d. that snY^t9°tistSoN _ help resolve esma* r adentaod It 1. LurtTe wh Cb -t asee� _ of lnPafs. _. negotiating Process. _. Deg and am are only r ecce^°^Se • it there rea.in icewS -- the tions n.goWitom. .. city Llbnry fp�te 4C W conclusion Of :. h N. Yderal that are "shed by .the -MSI of Io+een he the of V1• then. - 4 est .dlatlon through ' f etcher party SeY ��• _ d by W City Co`t _lron.agceeuaentt m roelve iter. .. - _- Ean1ce. ' If awdlatten rale _ _ wet t+.. app Ion the leen '�' is Satiation and c.=uiatian td Pafry neutral Sdvi.eetnt ._... f o[ W city ed I>• auy.lttd m the .. � on behalf of ytpa.se. such teens rY Cells to _ : _.. : •.`—•— IC feet finding first step. in the Lem of LaeC finding of lw Union and the [nployei .hall npa" batt heti '.. resolve itcs of Sapase. - ' CITy or iDNA CITY PART Pay Fla. 7 janu"T 2. 1975 six north PAY as,jav, Revlon - Range 0, C D "Z 9 .. S 400 6 504 S 530, 5 56 534, Library Alan . . . . . . . -6 $ 504 530 S S56-7. S Sea 614 3; 2. Library CIS k . . (Clerk. Library Clark) S 556 5 SB4- xLntansAcO Worker I . .. . . . . . . . . . . - - $ 556 5 584 1 614 644 3. Senior Library clerk. APPENDIX A S 614 6 644 6 676 s 73,o 746.1$ 4. Library Assistant . . . . . . city of love City Pay plan January 1, 1975 . 3 &4 4 676 $ 710 746 Mere,tary . . . . . . . . fi-Month Aaaukl S 746 1 782 1 s22- 86*2 906 $ Pay Revive, Revise, 6. inalor Lita, �L an . . . . . . . -Range I Title step step Stap, step step Step $ 906 i 950 S 998 $ A a C a z r . 3 822 3 062, 7. Librarian . . . . .. . . I Clerk/rYpIst . . . . . . . ... . . . ... $ 504 S 530 6 556 - $ 564 S 614 1 644. SUDO 51150 wlerk, Clerk Typist. Intft+1 Senior Librarians . ... . . . 950 S 998 $1049, radiate Clerk, Interoldiato Typist clerk. Caahi.r) 6 556 $ 584 S 614 S 644 PAintenance, Worker I . . . . . . . . . . . . . fcu,todi.n. "horse, Mfv.o Collector. . . . . Position of Mai-LPl safe"ark Librarian MIT rjqjip"nt Service Worker. LandKill, Attendant) Perking Worces,ant. Attendant .. . . . . . . . . . . . $ 556 8 584 rf 614 S 6.44 • . . . . . . . . . . .. Water hater Mader.. . . . . . S 556 $ 504 S 614 6 644 2. Keypunch Operator. . . . . . . . . . . . $ 530 S 556 S 584 $ 614 1 644 S 676 ACWunt Clark. . . . . . . . . . . . . . . . . S 584 S 614 S 644 S 676 ... . . VupIi,,&La7 mchtne, Operator . . . . . . . . . . . . . $ 584 1 fil 4 1 644 S 676 3. senior Clerk/Typist . . . . . . . . . . . S 556 9 S84 $ 614 $ 644 S 676 $ 710 13enjor Clerk* Senior Typist Clerk) .Animal Control officer . . . . . . . . . S 556 S Sad 1 614 3 644 $ 676 S 710 A. B" Driver S 584 $ 614 I G44 $ 676 S 710 S 746 *S Police DIeP.t.s;r: 5 584 S 614 S 614 S 676 3 710 746 101aintex4nee Worker I1. . . . . . . . . . . . . . $ 614 $ 644 1 676 S 710 1 746 Wockcr, Mf..c Cre.. Chief. Meter Mpair Worker* Assistant Treat - mat Plant Operatorl S 644 $ 676 S 720 746 Transit Dispatcher . . . . . . . . . . . . . . . ... S. $ 624 9 644 $ 676 6 710 $ 746 S 782 G. Secretary. . . . . . . . . . . . . . . S 644 1 476 3 710 S 746 S 702 S 022 S..,L.r Account Clerk . . . ... 5 644 9 676 $ 720 $ 746 S 782 5 822 Buyer. .. . .. . . ... . . . 1 644 1 676 S 71D 6 746 S 792 S 822 • Ref nrena:fro. worker III . . . . . . S 710 S _146 1 702 S 822 Mentor Maintenance Worker, Building • MA.tc.... LeAder. Park Maintenance LrAdcr, Resistant MechAniCp AB419tsMt rlectriclan. Heavey tquipmat OPerstec) Trestatnt Pleat Operator I . . . ... . . . . . . . . 6 710 5 746 $ 782 s 822 Senior D.. Driver. . . . . . . . : . . . . . . . . . . j 710 S 746 S 782 5 623 ' stop step -;6qp /qp. --" _ step step D -,. / ► ?, Title .. - - ". • _ S 676 S 710 S 7e6 S 702 6 022 S 6 3 S _ • _ •7. Matunllat/Ino MaNg.i -- S 676 f 710 f 746 s 782 S 622 v661 Technical Asalstrt.... - (Engineering Alda. Ingica"Slag . - TechnleiN. Draltlrq TectrACLc. S 862 Planning Technician) _ - .. .. s 746 S 782 S 637 _. _... _.._ M.Imnic I .:. . . . . . . . . . . . S 782 6 622 i 862 6 90i Senior M.Ltenane Worker. . • • • • • DLCrlWtlan 6uaor. - Paint AAAce sapenLe - -- _. - Sever 65petelaor. Water 9erTLe. - -. :. '- _...-� -.: •. A.alsLnt Refuse foperin- �: .. _ - .. - Supervise[. -:� S 023 S 663 S'90i :.,. teadent) ..... f 762 .-. • s 822 . f 862 -: S 906 .. 6:950 - ___, - Mectvnie. . . . . . - .-.-.-. S 822 S 062 _- S 906.. 6.950w - 9. _. eOnlOr ... . Srnior Treatsent Plant Operator. -. ,. . S 622 S B63 S 906 6. _ _ ... .' .. - - Red."I,pmcntAouaing 5pecl.Li.t ... (RcloeatiOn Adviser. Leased Housing - TABIC 0< mirLw2s - - - " specialist. Prep•rty "a"g.r. Hocaing Inspector) .. ... _ _ _ . - - - S 782 6 022 f 062 S 906 S 950 S 998': - 6 99s'` Pr.aebls f 862 S 906 S 950 - 1 _ 10. inapectar Uuildln9. Electrical" • . •. . i.. A.eognitlon. . . ... . . . . . . . . . . _. . . . As . . . . . . . . . . _... _.... Plurbin9) .; Ii. management Right.. . . . . .. 1 - -_ -: f 862 f 906 f 950 - S 996 61048 - 2 Eng ineerleg Teehn1c .. f 822 -. - • Ill. Mo. C..k-0ff ... . . . . . . . ......... . . . . . ... . 11. (Chief COnstructlehOnieL)'p.etot. Schicf 1 Petty N. Hours of Mork. .. . . . . . . . . . . . .-. . . . . . . . . . su�veyLng A...... Cl.on-up. ties . . . . . . . . . . . . . . . . . . . . . . . . 4 L Meal Period.. . . . . . . .. . . . . . . .....-. .... ... 4 :.._ C. Definition-of Overtle... .. . .. . . . . ... .- . ...-. 4 C 1. Overtim . . .. .. . .. . . .... . ..._•.. •. 5 ' ; 3. Overtlm Rest Period . - - - -Call-In . ... . 6 D. Minimal Tia.. .. .'. .. . .. . . . ..... . -. -.. . . 6 r. V. L crtLm EquallratlOn . .- .... . . . . . . . . . . . - .. 7 7. Bulletin Daards..................... V7... ..Onion Business Agents.. ...- .. . -.: . . . . . . . •. .. VII. stevard RepresNC.tim . . . . . . ..... . . . . . . . . _ Vill. Personnel Tran.sotlooe . . . . .. . . .. . .-. .`. . . .. ... IX. Vacation . . ..• . . . _. . . . . . . . . ... ... -..- X. e011days....-. ..........._..... . . . ' XI. sick Lan... . . . . . . . . . . . . . ... . . . . . XIi.. On-The4ob Injury Leave. . .. . . ... . . . . . . . . . . 11 . . . . . 11 ].Zii... . . 1p.eL.1 Lews.. . .. . . . . . . . . . . . . . . . . Il A. m.crals... . . . . . . . . . . . . . . . . . . . ... • _ - . 11 D. leave. without Pay . . . . . . . . . . . . . . . . . . .-,. . -.. ... _- C. Jury Duty... . -. .......... ..- . .. . . ... - - D.• voting Tl... . . . . .. . . . . .. . • ..-. SJ E. '. Military Lava. . . ... . . . . .. . ... . . . . . . TABLit Of awrom Thin Agreannsnt hall be binding On the PAM lot, their successors and assigns &.4 shall be approved by ths appropriate govern Ing bodies that have the authority xrv-- p.qAOCy Lav . . . . . .. aM ,habilitation PrO9.r . . . . . .. . . . IS . ... ...... W MCI the respective parties to this Agrecoent end the undersigned h4rdbY "present that nor he,e the authority to 619, thin Agreene*nt and It has been approved by the governing bodies of the Wtl-@- •Ifteurmce X11. CH. WIX. vill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . lenloritY -8 LaPact of Seniorityz . . . . . . . . . . . . 17 . 1 . . . . . . . . Effect Of senicrIty• nt f mock CC Lack Of run" 04yoff).17_ separation because of curt&" to . . ... . ... . . . . CITY or Ion CITT. IOWA THC ArJm1CAX rEVERATICK P? STATE. COUNTY. Am runlclr� xPwLOrmS. LOCAL 1183 safety . . . . . . . . . . . . . . . fix. I — . . . . . . ... . I,. 'el"hing XXI. Grievance Prwedore-•. . . ... . . . . . . . . . . . : 20:-.! . . . . . . .. 20 21, BY A. p""durm . ... .. . . . . . .. . . . . ATrZIT. XXII. . . . . . . . GILtv"CO Co Grievance, Against union . . . . . . . . . . . . . City Clerk EXIII. General V,Ovioions . . . . . . . . . . . . . . .. .. . . . . . . . 24- LLDRART BOARD Or IMA CM Ing. xxv. pay Plan. . . . . . . . . . . . . .. ftl,a and PCOCedol" for suture 1naqOtL&t'cO` . ..... 26 Mr.tl-- Of Ag""'t . . . . . . . . . . . . 19 t xw-l. Savings Clause . . . . . . . . . . . . . . Pro. ide L Appendix h secretary'/ 'd OF TRUSTEES �RARCIL OF IOWA CITY TO Cool GAININGEGOTIATING PRO- JOINT AGREED NT BETWEEN IOWA CIIY`�LIlWIN BOARD AND CITY C _ CEDURES FOR PURPOSES 'OF COLLEC da of and between the City Council :or Iowa City, An agreement made --and entered into this 1� Public b Trustees of the.Iowa City 9-1 • ,,, 1975, Y ., h- ' owa,-and the Board Iowa. Library, Iowa City, RelatinsBaof Library WHEREAS, the Public Employment Boards are the employers recognized that Library of Chap employees within 20 of the 1975 Code the meaning of Iowa, and Permits cooperation and coor- VIHEREAS this -same, ter 20 P wining units, dins WHEion of bargaining between two ,or more bang and ion would & WHEREAS coordinCounci 'slfinancialfrespl to onsibilboth itles giyen the Iowa City Board's administrative resp the Iowa City Library and for library service in Iowa City, WHEREASprocedures are necessary to make this coordina- tion effective, NOW TIS AGREED AS FOLLOWS: HEREFORE IT bargain in coordination witect- 1, Both bodies will the duly appointed representatives o£ their resp ive employee organizations. Manager Board will designate the; City 2, The Libraror his designee, as the bargaining Board of Iowa City, the Iowa City Public Library representative for of Trustees. resent the Iowa City Public 3; The Library Director will be a member of the Public team and shall re specific concern: tiating employees. -Library Board of Trustees/or issues of pl - to library operations and libraryP Public Library Board of Trustees will Co ncil 4. The Iowa City the City contract called for the purpose of discussing be no of all executive sessions o i _ If Iowa City negotiations. - otiated COT' evance commitct the tee 5, Subsequent to any on any g Director will .be represented formed' as a cot. ndition of that contraeriod from date of contract -covering library 6. This -agreement shall cover the t eriod begin - adoption thru the period of any ees which may be negotiated for the p -, employ 1976. --ning July 1, ate Llracy Trustees ' President,_Iowa.City-Board of /�) /./ // /� Iowa y,Oi, lty q� Iowa (City, ham. Zs a'City City OT low me MOR►NDV M DATE: November 21, 1975 TO: City Counci FROM: City Manager RE: 'Collective Bargaining' _ I Process and Staffing that the City's process and staffing .With changes in both perscnnel and the City's needs in the collective bargaining process, it is_appropriate for collective bargaining be modified. s that_Of the City Council in establishing The first responsibility imeters. This is accomplished 'in cooperation with financial and policy par staff and periodical_ reports to the City information provided by =t Council on the progress of negotiations. - Morgan, Director The management negotiating team will consist of spokesperson, Candy _ Miller, Police -Chief, and Ms- Lolly Eggers•= -The team will _ of Human Relations, who will serve as the chiefFggersothe matters Mr'. Harvey__ other -department heads, depending P be supplemented by being discussed, it is 'discussed. timehthe AFSCMEncontractlis being ic Works has the largest number of employees, any ttino s. anticipated .that rMr. PLlasT c�ort�nittee wall�consistloftthe nsame�four npeople The managemen g plus Mr. Plastino and Ms'. June H�d� of the Person1emeDepartment. a clerical The management negotiating team always will be supplemented person who will sit in on the negotiating sessions and take minutes of a member of the City the sessions. .'Those m°Plus-the CityyManager,distributed to each member of the negotiating Director of Finance, and Attorney's staff. and`theteam eplus the Manager, Prior to each negotiating session, the negotiating staff will 'meet 'and review the process the member of the City and the strategy for the next session. of the previous meeting The negotiating team will use the expertise of outside consultants, T'pr�' he ilYne legal assistance when it is deemed that such special knowledge is in the best interest of the City. rs of I the The PERB law makes it gionewith aelected r thatmofficials wh?eaas9electednofficrgaining u I nit ials not to have any discu5�_ dis matters concerning negotiations which are negotiating cussed in process. Council members also have a responsibility to not comment on any in this manner can the negotiating team serve the best interests in executive sessions and to feed all information through team.' Only of the Citizens of Iowa City.= - _2- II. Philosophy In order wherjuris- e there bsecollectms hvehave bargain9ing it ed in I ishwiseer ofornusntoldiscuss dictio ` inciples should guide our collective bargaining philosophy_Some general or process. A. Equal; Treatment - tafairness ieaohsthe Consistency in dmihsadwhat what - example adepartment w motivations here. might be called special treatment is the Police Department. Police officers°have recei4eoeschoolonaThpay hasand causedasomelso hadaccess resentmentto LEAA money for going - among other departments and may not be a rational distinction for us to make for police officers. In contrast,ears to w related videtohthe �speDcealrt- ment with a food allowance -and it ape prop needs of their shift where they are required to eat and be available bn duty for a;24 -hour period. Police officers and fire fighters receive pension payments under State law to which the City contributes about 25% of salary. Any job-related - injury or illness it also compensated from the pension fund as a disa- bility payment. B. Merit Pay Plan le of Crrencrewe asesawhicheareischeduledunder aand�notPreceivedna9Thistpracticeing pay has been so mewhat resumebly�thenemployeessistent �whotwere deserving ton the bahe merit sis of ay an beta P merit would be those who were getting raises. In reality; nearly every employee has received a'raise unless there'is clearly and well-documented poor performance. We have received some feedback from some of the departments indicating that they would ratersonsher ewhoecontributmerit edPextra - operate as a merit plan where only ;a few p_ i think, one r,,y -merit orious--service would receive an increauein delineefor department alternative to this would be to develop a g heads in terms of a percentage of people eligible for merit increases�r�'o,o so that we performance. Thiseissueld iisent acrc criticalsinhtermsyofncostpfor aFYn77merit C. Seniority Under the current contracts, seniority is one factransfers,nlay offs, several different decisions including promotion, scheduling of hours, scheduling of over -time and vacations. = Under our present working:agreement:wehave the affirmative to take guidelinto inesderation - other factors including performance - previous work record ,'ability tq-get along with the public, and numerous hes [this lamentsimportantthat9we�maintain�thearight t tmake these dece kinds of disionsons. apart from straight seniority consideration for several reasons: One is that the law �affirmative would indicate t there are ththiswhenaseniorityconflictswithaffirmative serous problemswi _ _ -3- is thawe do not have eason action guidelines. Ano ticated system of bumping the,nrcases of lay -t off or promotionaandpwes n would be senio rit from anceasyhway toVmakeidecisions,niitsfrequently Although seniority is unrelated to performance. D. Reaching Agreement Although there are complex statutory impasse procedures available to us.these become costly and are time-consuming and our goal should be of impasse reaching an equitable agreement by using the minimal amount= procedures. Hopefully we could complete agreement with most groups without going beyond.mediation. E. Management Rights The relative lack ofsophistication of the parties in public sector collective bargaining gives use to a specific delineation of certain rights reserved to management. Care must be taken not to undercut those powers reserved to employees under State law (Chapter 20). To insure that the public interest in obtaining services is preserved a no strike and no slow down clause might be proposed. The State tractual law currently prohibits strikes by p lic gthen the City's position in the event a strike provision would stren were threatened. A productivity agreement with employee organization is important in a period of reorganization and lay-off. The support of the union i5 important in obtaining maximum value from shrinking tax dollars. F. Cost Items temwill beEherevcossossibof ie,open-eving idid cost stThesesitems can bei dangerousrtom thes 9 City in making a transition to a shrinking`: budget. � III. Status of Collective Bargaining Under State Law; Chapter 20 of the Code of Iowa has been effective for municipalities since July lst'of this year. The law, provides rtifq bargar an infngiunitsvand9tocresolveer- view the process of bargaining, unfair labor practices within certain guidelines. disputes in the nature of The law provides for binding final offer arbitration' and prohibits strikes. There is a duty to bargain with certified bargaining units for cities after an official request to negotiate is received. The City of Iowa City has one such certified unit. The police unit applied year and were finally certified on for certification in July Of this October 20. -4 - The law 4-The-law provides for bargaining to -take place in coordination with the City's budget process. All units are technically that impasse 120 days prior to the budget submission date of March 15th. The reason for this deadline is to allow an adequate amount of time for statutory impasse procedures of mediation, fact-finding and binding arbitration. The parties may initiate their own impasse procedures which might take less time than the statutory outline, but there is a,practical problem in locating neutrals with so many units reaching impasse at the same time. Employee organizations have been eligible to request certification since January 1, 1975. Requests for certification were allowed at an early date because of the length of time it takes to become certified and the ' inadvisability of employers to dealing with an uncertified group. The law sets up a requirement that cities bargain with certified groups, but is silent with respect to bargaining with an uncertified group. One of the primary dangers in dealing with an uncertified group is that another certified group which more accurately relects the desires of the employee may obtain certificationleaving:the City negotiating with the wrong representatives. Recognizing an uncertified employee organization may encourage employees to think that special status is given to that organi- sation by the City and may be an interference in the right of unorganized employees to be free of exclusive representation PERB has moved back the statutory guidelines for when impasse procedures may be requested to 90 days prior to budget submission rather than the 120 days in'the 'Code. Reconciling thischange in the times of applying for impasse presents problems in preparing -the budget. A. The date of final submission of the arbitrator's findingstoparties is March 10th according to PERB's impasse guidelines. The date for __ selection of the panel of arbitrators is February -14th and is approxi- mately on February lOth when the Notice of Public Hearing on the City of Iowa City budget will be prepared. 'Approximately 70% of the budget has been allotted in prior years to employee costs. A signifi- cant portion of this amount may besubjectto binding arbitrationwith certified units. The impact'of submitting salaries to arbitration -- during the month of February of the first part of March makes it difficult to have the budget` prepared in time for the public hearing on the _budget or the ;final budget -submission: B. The Public Employer Relations Board admits openly that they are uncertain whether enough arbitrators are available to meet all of the impasse needs for various communities in the state. ' Many jurisdictions are negotiating agreements for the first time and are likely to: use impasse procedures. There are more ,than ,500 other_ jurisdictions who are eligible for and competing available arbitrators during the same time we area C. There are questionsrelatingto the amount of money which we will have - available to offer employees during thisbudgetcycle because of _the contracting operating and maintenance budget and other variable which make it very difficult for us to put `together `a proposal relating to - salaries for 'employees in order to make the process of collective bargaining function It will be difficult to come up with a firm pr in time for submission to an arbitrator because of the number of uncertainties in the amount of money available for employees during this year. The City of Davenport is petitioning PERB to;establish ;a rule under. the administrative procedures act which require employee organizations who intend to.participate in impasse procedures to become certified more than 30 days prior to the starting of those procedures. We have made copies of thir s-petition for rule available to the City Attorney and are recommending the City join with Davenport in this petition. This may be of significance in future years even though it has no relevance to this particular budget cycle. The first step in becoming certified is to select an appropriate bargaining unit-within-the omefning of tcater. community ofhinterestTwho'will makeP of employees with some type up a unit for"purposes_of"bargaining. Any unit could determine whether or not it wants to be exclusively represented and if it does want to be represented it may determine who the representative will determine, independently of other units, be. A unit might also whether it will engage in the collective bargaining process. The City was divided into three units prior ,to July, 1975, through the informal bargaining process. One unit included police officers; another included fire fighters,` lieutenantsand captains in the Fire Department, and a third included all other City employees except those who were supervisory or confidential. In October of 1975 PERB issued "a decision which indicated that the library board is a separate employer within the meaning.of the act, and:they indicated that we would need to develop a fourth unit, library employees, which are filed under a separate petition. - The four bargaining units delineated` above are probably appropriate within the meaning of the statute and they offer some advantages. rom Police officers and fires appropriate thathave reach groupent hhaveerest theirfown other employees that it is appropriate units. The police unitcontainsonly those persons who are now classi- fied as police officers, juvenile officers, and detectives; and it excludes sergeants, captains, the chief, and the record, supervisor. The fire unit includes fire fighters, lieutenants,, and "captains and while of there is some debate around the state about the propriety pro having captains in the same _u nits _as other fire fighters, it is probably not an unrealistic group for us to have in the bargainingn it and'. is i probably not worth the time and expense of -a hearing n order to challenge the inclusion of captains. within the unit. Six supervisory people ;in the Fire Department are excluded from.the bargaining unit. The general unit which is our largest unit works to our advantage in that it is igeneral better to deal with fewer units than with many small diversified units because of the danger of whip-sawing, or of one group trying to out-do the others. scussing with the AFSCME group a, stipulation-as The staff had been di ng the lines of the City of Des Moines plan. to the bargaining unit alo Tentative agreement wasreachedon November 12 as subsequently approved by Council. Their, petition-for certification was filed with PERB on October 13th and request to negotiate was received November 6. I OfficialCanvass of Votes Cast in the Several Voting P - _ • F R THE OFFICE OF FOR THE OFFICE OF 1 r IJ !Q'��' Nnme or Deailmtion of Voting Precinct I � J J I � `,` lr✓ r,`J . it SY allql 0i jq fib; �1 /5 0,0132 uv 7�.01 l 13T t q 14 ,j� `{ j,I��?'Z "I `l y✓ J 1�.,7.. )✓ f �C%—COY.✓. � _. 1 / • 33J�/31 '15J���� .�'r� � �%✓ � ✓ • 7�lp� G,jl�oJl�30! 3S�%�; Q�'1 i,.� T46t ld J ��.r;�i T -� I �,� 3/ l l f J 1� j J• <r ; X, Ll 7�`l /I �� - �..�-e, 556 /� �35�1'1 �-tI?� �t 3� (� �-�f•�l.� 3�1 /oj 9 I Iv3'►}�1333t��i3nZo,'1 ; ! �L�'��, _ -F �cinctS ir, FOR THE/JOFFI L OF yJ FOR THE OFFICE OF Ci�Y�i,L'1s<•CJ' _ - FOR THE 74Q vv, Y iv 3 �f9 �1V �• J a���' fry i ---� � 5� � -ll�i `I ::. ,1n .113 t 871 neki ✓ I ��✓h✓1 `7`U✓ J �lv.J✓ I ` t • I 30 61, ' ^ J 1, I . j I. l Voting Pi Votes Cast in the Severer official Canvass oE, _ ---- n ICE OF ti -- .R T1 Ir OFFICE OF eco:.c..[.tsssu"i FO at _ fecincl s:51,4 6 Nnme or Daignetion -- , S -;i_ I 131, .t. :,'" �.w->-- ��� 2.!f 2�i�1 zl a � a�• boy y��,2��' 'c�/ 1 ��, ra +�; F� j t �; ; i pct �►jJ f✓� : - 1 ly /00 Iq� ✓v�/L,j'/�3y� Y!J; .l, �/a� 1 ISD � , II ��J; 1�•���-�`��, -�y� �� ��`.' 51, I ; 9. L19 6 3��1 6o�J ly bj �/' V16'% 15611 Z 1 IwA wil . 1 ' t�3���115�1;2333;�0?'1,, c I iq � � ' % G , 6= • . ` /.%.` x.75 '%/✓ 1 � • ) 1 • � 7Sl 'I'1 ��/ `16o�='�i��1-��'�i�ll3•. 16 i ��, .:1 1 `oo i 1 i � ►o= , /, �� P6&161-ae Pact cy •tCzcCcsstttti�rtc a_ad �c�Zoat �rtc�iccttc Ttui UNOErS•6::i0 Y.EaLBY CEa11rr tM1,, paving been drily appointed,:we u2cre prerert _11._1 tviurrscd , the tertiug .udlor fief rat on of the /ollo•ving Voting nlachiner bat me bct e e J r 0 be tr ✓r00er �f r condition lot use rr the el�et orr of Y' rt/c �4ry 4..: t?.... .�a L��o.:Gw .-_. .: yt �..:19 / �j:•�.�.����—tie. 1,.a,'each Registering Counter of the Machine is ret at 000; tha• 1'ie Public Counte d Jet ,.t 000, that the _ Seal n:nnbers aid :he Protective Counter numbers .to .:r indicated belorv.' 117e hereby certify that the following machines have been Jrroperly prepaml and tested and are ready /ur tre in the clectmrt :o Ge_hcld....._.. .. ......._ /_( tz.._� C c,c/.... �...__........... I;e .7�•,t7acr rt Pn ' h breJ^rt / Uy / _urltOCr't.. P..rty liclr hl. t r::. ve � j.�_ C:u:uJiar. � Dated .:._... �l': _._ J � - .................... .!9.......... �'-"t�,c u' �_/•::✓' .,�ec�..->?h^r,�y,�u..w� -. _ --..LOCATION - SEAL 110. I PROTECTIVE COUNTER REtdAf.KS NO. MACHINE Ward Pct y0 I ' /I IJ %��lt%�, t 1_ �/z / r k' f/i ✓l/✓(•. Ii!%G2- {L:_2e'ii`it A2_6 1 _ "i / ? .1'// �� I Irk ,. //<�_ , /,,,z� .i�� r •�'�- � � %�_>~I � ...�_s.�;V�' .y:112- I/ Y/:z ~ .:I I I r cI c� c6a ezo.ir c IIIZ U.NDT-ERSIGNrD H r ha;ug been duly appointed, we were Present and v the testing Hurl/orprep,11'ell-ion of the f01101 ,19 Votiig Machines; that we believe the same ro be in proper ction of ..... ... ................. .......... .... Y.ig .... 7 for use in the ele tj coudilio 7- that each Regi." toling Counter of The Alachilze is set at 000; that the Public Counter is set at 000; that the Seal numbers a)ld the pmea"ve coun"cl, n,11ulberi are as indicated below. Tile hereby certify 111,11 the following machines have been ProperlyPrepared curd/test d and are icady for ....... .... .................. ... ............ . ...... ............. ...... he election to be held .............. . .... ......... i --- use in I .............. .... .. ........... . .. ...... . ...... .. ..... . .................. . ......... ........ ..... ... ... .. . .. .......................... CC ............ . ... Alachine Cms;bdirn G..... 19 ...... ...... . ... . ........... ........... 4 Dated..... . .......... P ROT C - TI m E - SEAL CO NTEft I REMARKS MACHINE Vlcrd PC- LOCA NO. NO AC E TIO. Z13423 —x 41. r. t -5� A Z; 6e2jrl !✓7C�i�aaiG 'tL '�{ctc� �scsta a i�elPCa�e �aCGi�caC Parttj C` CC :acre t1•reletr! a1t[I 2U1f tiro per, - .t r at Wed, rODCf - Jl:at, iJ I 1 b ✓CCIf [11[1 j'. ( r lilt UND�i=IG, 'EU Hrm:Dl- CLIlT1}l -•,j zC/7ntLJ; that We Le1 a rLc 1 c to be ur t . f for follouu, s i/o.n, // `....19 the testinS arni/4r (n t [ I'[:uotr o � r-, -1..- .1.rTv Ilr�,rrp�.. �=1 ,c, use rn the Cletuon uJ-• ... (�._. [:r OUO; that the . cardition Jur set rrt 000, that t/Je Public CornrtC,-lJ J Counter o f the rUachine it clo,v. n. cr It:uuuers ,ic as indicatn! G j[rl uu lber, an.:.b_ 1'ru:ecuve -- y (Irc(urred r+nil tcl.ed al:l ar rc 141- if°� cert t/lz:; the JuNou,nrg nr chines have Gierr (,°p�rrtt C� t ..... ll c Gc1eGy fi % .. r f l:t�uvlit�rt Y rr j 1.e(t.l use :rz he eleclip, to be Geld /l� �2 ... etil,rfrve l /Cr._f........ t _ —K-� - - _. , - ..... 1...... trstudian ..:,.•J�• ALa.rsrue C 07 N..L.�.. -_ MA;tKS RO HVE i SEAL GOUTEB _ _� LOCATION MACHI!:E i Pct. I . w 'ie, r iI �' .fes �• / , � I om / I I ' { �7 lvlo �— I �����(s�'---moi (. I � �� •� t ' y-.1� �.> �. --I _' IS �— v�l ,�oG'ilieaG' �o1et'ey �crr�ca�cticac; actd ecw�oct`ictc eiiri�ieeii'c 1's u; UvarsLssevl a llertruv Cr•.nrn=r that, having been duly af+fioiuted, u'e rcere frrejent and tr,irnefrcd b the teliin g d/or rre'r:ration of the f louuig Voting rll lcilincl, that me Gwc the hn+c .o be ht fnofrer banI t f C�-C condition for rue in Me electiono that each Registering Coruna of the Riacliine it tcr'6t 000, rh,.^.:h Pr.bl1[ Cu:rirtcr is ret at 000; that the Scal numbers and the Protective CO:nacr u:aubcrJ arc at indicated belo:v. it%e hereby certify that the folloruing machines /pare ern no er1} +d te�r,r+au t re readyI I lr prepared 1ur w - t a.. j e election :O be held rrte in thT / J /'' /� e•_(y! ..Republican Parly l�cf retentativc , �C��•,�(,� _•(�„t�........... ..Dcnrua�.rt Par Rcfrrcrentatrvc 2. �a-•�'- / rl� Gtr' _ .. - c_e.�:V�dn/+1f>chiir)Custodian L . Dated.-----• /-- ;!---- PROTECTIVEr SEAL _COUNTER REh ARKS 1 MACHINE Ward Pct. LOCATION / v NO. NO. NO. C ez r1 j1. o6L- e6j mo 2 O= qs-/ I. /rt—=_J-I _ J16 �2 0-J12 %JJ Lalr.Oy I AZ22 V I e ✓” LtL-E5 I -!2-L Lr _ / �Jr+n ve �oCitccaC �anr°�f _ �✓tc�er:vatulat alai cis4r'aciia�cgffe 'caCc i Tin: UNDERSIGNED 1'I LItt14Y Cl wm:Y that, haj,i7:S-been dui; a(,Po r'c:: r c :zcre ( 7+rejcn,, aJ R/ilnessea the teJ:ing amd/or Preparation o/ he fallorvnn" Voting 111��;,es, that Ac b s l eve the ante to bein proper qq p P A 1. L'. . CY.G.L condition for use nl the electron of.....hl�..�. �'%_. that each Registering Counter of the �l,achine is Jet a: t1o0 that tlret/l rrGlic Canner is set at OUO; that the Seal numbers and the Protective Counter nunibcrJ are as brlraaed below. tette rneJ have been P{oPet 11%e hereby certify that the fullomrng n+acblyyr�Parcdpu,l r+Intl+ rte readf-for ......_.... TS Ilse in the election to be held - L .... /.. ._�?�/ ........ .Republican Party Representative i . i rDc7truaat Petry Rep rescinalrve J�2.._./..: _..�.._ ........ �. _ .}. e. Ori7JP :I1,.chi :e C.f3(La:an ' DalerL .._ .._.... _... -- MACHINE �` - LOCATION SEAL COUNTER I - REMARKS tJO. WcrJ -Pct. NO. --- NO. �1 I- � 'uy • November 12, A7 1 Mayor Edgar Czarnecki \ , Civic Center Iowa City; Iowa 52240 Dear Mayor Czarnecki: The Arts Council would like to continue to encourage sculptures in the downtown area for the aesthetic enrichment of the downtown business district. We believe it will also serve to highlight the city as a cultural center and link the wealth of art to be found in the Museum of Art at the University of Iowa to the new sculptures which the City of Iowa City has acquired. The Iowa City -Johnson County Arts Council accordingly requests per- mission to continue to display sculpture on the streets of downtown Iowa City. The Arts Council will be responsible for coordinating the placement of each piece in order to maximize the artistic impact and to minimize pro- blems regarding logistics, traffic now, etc. The Arts Council will also co- ordinate fully with the City Center Association insuring the complete Cooperation of the downtown merchants. We anticipate having each sculptor sigma waiver stating that he holds the City harmless if something happens to his work of art. It is hoped that the sculpture will originate from local artists as well as those associated with the University of Iowa Sculpture Department. The City would be asked to provide assistance in loading and unloading sculpture in the event that the weight proves impossible to manipulate by hand. It is understood that assistance will be required no more often than once each six months, preferably in the spring and in the fall. Itis also understood that the City is only willing to move sculpture that city -owned equipment is able to move. We look forward to your positive response in the very near future. _ Very truly yos, W. Summerwill, Chairman S pture Project Steering Committee Alan I. W• ss, Co -Chairperson _ Iowa City -Johnson urty Arts Council -- Schmidt,Andreo-Chairper_=on Iowa City -Johnson County Arts Council .-..� r, :975 Linda Steveson RR 1, Box 2 08 North_ Liberty Iowa 52317 t City Council - Iowa City Iowa 52240 Dear City Council, I WOU]dlike'to go on record as opposing the MadisonStreet closing. While the goal of a pedestrian campus for the University of Iowa is no doubt as admirable one,; it would cause a great deal of inconvenience to those faculty and staff and studentswhomust commute from north of Iowa City. This is especially true during the rush hours and during time; of bad weather, when people trying to reach the southeast section of campus, such as the library or the English -Philosophy -building, would be forced to come through the downtown area or Riverside Drive. Most of the complaints lodged against motor vehdiles on Madison Street -could -be solved through construction of -a pedestrian walkway over Madison Street, and perhaps a traffic light regulating the corners of .Washington and Madison Streets. In the two years I have been attending the University, by far the most traff¢c violations have been committed by pedestrians and bicycle riders who seem to feel that the trafficlawsgoverning lights, crosswalks, right-of-way, and sidewalks apply only to motor vehicles. on several occa,$sions, I have observed minor accidents between cars caused by bicyclists and pedeyestrians ignoring the law, 'forcing -the cars to swerve into each other to avoid them. In short, the closing would only aggravate the already serious rush-hour and bad weather congestion in the downtown area, at the expense of thoseleastin fault over present traffic hazards. Sincerely, Linda Steveson - �ity of Iowa City MEMORANDUM DATE: November 21, 1975 TO: City Council FROM: City Manager RE: Collective Bargaining I. Process and Staffing With changes in both perscnnel and the City's needs in the collective bargaining process, it is appropriate that the City's process and staffing for collective bargaining be modified. The first responsibility is that of the City Council in establishing financial and policy parameters. This is accomplished in cooperation with information provided by the staff and periodical_ reports to the City Council on the progress of negotiations:_ The management negotiating team will consist of Ms. Candy Morgan, Director of Human Relations, who will serve as-- the =chief spokesperson, Mr. Harvey Miller, police Chief,., and Ms. Lolly -Eggers. The team will be supplemented by other department heads, depending upon the matters being discussed. As the Department of>Public Works has the largest number of employees, any time the AFSCME contract is -being -discussed, it is anticipated that Mr. Plastino will participate in the negotiations. The management grievance committee will consist of the same four people plus Mr. Plastino and Ms. June Higdon of the Personnel Department. The management negotiating team always will be supplemented with a clerical person who will sit in on the negotiatingsessions and take minutes of the sessions. Those minutes wil be typed and:distributed to each member of the negotiating team plus the City Manager, a`member'of the City Attorney's staff, and the Director of Finance._ Prior to each negotiating session, the negotiating, team` plus the Manager Director of Finance, and the member of the City Attorney's staff will meet and review the process of the previous meeting and the strategy for.the next session. The negotiating team will use the expertise of outside consultants, pri- marily legal assistance when itis deemed that such special knowledge is , in the best interest of the City. The PERB law makes it quite clear that members of the bargaining unit are not to have any discussion with elected officials while negotiations are in process. Council members alsohavea responsibility as elected officials to not comment on any matters concerning negotiations which are discussed in executive sessions and to feed all information through to the negotiating team. Only in this manner; can the negotiating team serve the best interests of the Citizens of Iowa City. II. Philosophy In order to avoid problems which have emerged in other governmental juris- dictions,where _there is collective bargaining it is wise for us to -'discuss philosophy. Some general principles should guide our collective bargaining process. A. Equal Treatment Consistency in administration and fairness to other employees are the motivations here. One example -of-a'department which has had what - might be called special treatment is the Police Department. Police officers have received educational pay and `have 'also had access to LEAA money for going to school. This has caused some resentment among other departments and may not be a rational :distinction for us to make for police officers. In contrast, we provide the Fire Depart= ment with a food allowanceandit appears to be related to the special" - needs of their shift where they are required to eat and be available bn duty for a 24-hour period. Police officers and fire" fighters receive pension payments under State law to which the City • contributes about 25% of salary. Any job-related injury or illness is also compensated from the pension fund as a disa- bility payment. B. Merit Pay Plan Currentlyweare operating under a principle of management justifying pay increases -which are scheduled and not received. This practice has been somewhat inconsistent with the concept of the merit pay plan because presumably the employees who were deserving on the basis of merit would be those who were getting raises. In reality nearly every employee has received a raise unless there is clearly and well-documented poor performance. We have received some feedback from some of the departments indicating that, they would rather see the merit pay plan : operate as a merit plan where only a -few persons who contributed extra meritorious service would receive an increase in step. I think one alternative to, this would be=to develop a guideline for department heads in terms of a percentage of people eligible for merit increases so that we could be consistent across the City in" compensatingmerit performance. This issue is critical, in terms of cost for FY 77. C. Seniority Under the current contracts, seniority is one factor used in making several different decisions including promotion, transfers, lay-offs, scheduling of hours, scheduling ofover-time and vacations.Under our " present working agreement we have the authority -to take into consideration other factors including performance, affirmative action guidelines, previous work record, ability to get along with the public,, and numerous other elements that go into consideration on these kinds of decisions. It is important that we maintain the right .to.make these decisions apart from straight seniority consideration for several reasons. One is that the law on affirmative action would indicate that there are seriousn - problems with this when seniority conflicts with affirmative += • -3- • action guidelines. Another reason is that we do not have a sophis- ticated:system; of bumping .in cases of lay-off or promotion_and we would be starting from scratch in developing a`bumping systems Although seniority is an easy way:to make decisions, it frequently is unrelated to performance. D. Reaching Agreement Although there are complex statutory impasse procedures: available to us these become costly and are time-consuming and our goal should be reaching an equitable agreement by using the minimal amount of impasse procedures. Hopefully we could complete agreement with most groups without going beyond mediation. E. Management Rights - The relative lack of sophistication of the parties in public sector collective bargaining gives use to a specific delineation of certain rights reserved -to management. Care must be taken not to undercut those powers reserved to employees under State law (Chapter 20). To insure that the public interest in obtaining services is preserved a no strike and no slow down clause might be proposed. The State: law currently prohibits strikes by public employees but a contractual provision would strengthen the City's position in the event a strike were threatened. A productivity agreement with employee organization is important in a period ofreorganization and lay-off: The support of the union is important in obtaining maximum value from shrinking tax dollars F. Cost Items Wherever possible, open-ended cost items ---will be avoided in agreements. E.g., cost of living provisions. These items can be dangerous to the City in making a transition to a shrinking budget. III. Status of Collective Bargaining Under State Law Chapter 20 of the Code of Iowa has been effective for municipalities since July 1st of this year. The law provides for an administrative-agency'to over- view the process of bargaining, to certify bargaining units, and to`resolve disputes in the nature of unfair labor practices within certain guidelines. The law provides for binding final offer arbitration and prohibits strikes. There is a duty to bargain with -certified bargaining units for cities after an official request to negotiate is received. The City of Iowa City has one such certified unit. The police unit applied for certification in July of this year and were finally certified on October 20. • -4 • to take place in coordination with the The law provides for bargaining that impasse 120 days City's budget process. All units are technically impasse for this -prior to the budget submission date of March me To -The atutoonn impasse deadline is to allow an adequate mount ofbindingor statutory procedures of mediation, parties may initiate their own`, butstherecisuaepractical�problemdght e;Hess time than the statutory outline, ;mpasse at the same time. locating neutrals with so many unitsto reaching on Employee' organizations have el ifibleion wereeallowed �atcan�earlynce January 1, 1975• Requestslength of time it - akcat es to become certified and the date because of he leng inadvisability Of employers to'dealing with an_uncertified group. The group. One of wi law sets up a requirement that'citieswbth9annuncertifieth egro groups, but with ai uncertified group is that another is silent with respect to_'bargaiiih relects the desires of the employee the primary, dangers in dealing with the wrong certified group which more accurately y negotiating may obtain certification leavin9'the City representatives. Recognizing. an uncertified-emp_loyeeivenatothatnorgani - be an interference in the right of unorganized encourage employees to think that special status is g sation by the City and may employees to be free of exclusive representation. PERB has moved back the statutory guidelines for when impasse procedures Code. Reconciling this change inthetimes of applYin9 may be req to g0 days prior to budget submission rather than the 120 days in the Cod the budget. for impasse presents problems in preparing ties n ;to PERB's impasse guidelines. The date frroxi- A, The date of final submission of the arbitrator's findings to pe for is March 10th accords 9_ors 14th and is app selection of the pahe nel of whenbthe allotice SofePubl�coXHmately 70%ing on tof the mately on February City of Iowa City budget>will be prepared. "APP arbitration with budget has; been th;stam uin prior nt may bey subject t Pbinding costs. A signifi- cant portion of act of submitting salaries to arbitration certified units." _The- of ,the first part of March makes it during the, month of February difficulUdtethoretthefbndget prep ubmissione for the public hearing on the budget are uncertain enl that they B. The Public Employer Relations Board admits op Y whether enough arbitrators are available e. meet all of ict u impasse impasse Deeds for various' communities in'the state. Many jurisdictions are negotiating agreements for the first time and are likely the same time; procedures. _There are more eathan ie arbitratorsdduring s who are eligible for and competing we are.which we will have to the amount of money C, There are questions relating this budget cycle because of the available to offer employees during _ contracting operating and maintenance budget and other variable which make it very difficult for us to put together a proposal relating to with a firm pro- salaries ro- salaries`fo empioneesitnwildlebe difficult torcome supf collective bargaining to ees during posal in time for submission to an arbitrator for uemp emploof theyees number of uncertainties in the amount of money this year. The City of Davenport is petitioning PERB to establish a rule under the administrative procedures act which requireemployeeorganizations who intend to participate in impasse procedures to become certified more than 30 days prior to the starting of -those -procedures. We have made copies oF this petition for a rule available to the City Attorney and are recommending the City join with Davenport; in this petition. This may be of significance in -future years even though it has no relevance to this particular budget cycle. " The first step in becoming certified is to`select `an appropriate bargaining unit within the meaning;of the chapter. This is a group of ,employees with some type of community of interest who will make up a unit -for purposes of; bargaining. Any unit could determine whether or not itwantsto be exclusively represented and if it does want to be represented it may determine who the representative will be. A unit might also determine,,, independently of other units, whetheritwill engage in the collective bargaining process. The City was divided into. three units prior to July, 1975, through the informal bargaining process. One unit included police officers; another included fire fighters, lieutenants and captains in the Fire Department, and a third included all other City employees except those who were supervisory or confidential. In October of 1975 PERB issued a decision which -indicated that the library boards a separate employer withinthemeaning of the act, and they indicated that we would need to develop a fourth unit`library'employees, which are filed under a separate petition The:.four bargaining units delineated above are probably appropriate within the meaning of the statute and they offer some advantages.- Police dvantages.Police officers and fire-fighters have divergent enough interest from other_ employees that.it is _appropriate that -each group have their own" units. The police unit contains only those persons: who are now classi- fied as police officers, juvenile officers, and detectives, and it excludes sergeants, captains, the chief,; and the record supervisor. The fire unit includes fire fighters, lieutenants, and captains and 'while there is some debate around the state about the propriety of.having captains in the -same units as other fire<fighters, it is -probably not an unrealistic group for us to have in the bargaining unit, and it is probably not worth the -time and expense of a hearing in order to challenge the inclusion of captains within the unit. Six supervisory people in the Fire Department are excluded from the bargaining unit. The general unit which is our largest unit works to our advantage in that it is in general better to deal with}fewer units than with many small- diversified units because of the danger of whip -sawing, or of - one group trying to out -do the others. The staff hadbeendiscussing with the'AFSCME group a stipulation as to the bargaining unit along the lines of the City of Des Moines plan. Tentative agreement was reached on November12 as subsequently approved by Council. --Their petition for certification was filed with PERB on October 13th and request to negotiate was: received November 6. �Ity; of Iowa MEMORANDUM DATE: November 18, 1975 ,- TO: City Council, City Manager FROM: Julie Zelenka, Community Relations - 71 RE: Status of Iowa City Bicentennial Projects- The Dress-up, Clean-up project has been postponed until spring. Legal problems were encountered with the payment for thelitterbags because they will bear advertising imprints. .By the time the problem was resolved and the communication clarified, it was too late for this fall. At a recent Chamber of Commerce Bicentennial meeting, Marvin Hartwig, President of the Chamber, indicated support of the project. He is willing to ask the Chamber Board of Directors and membership to help to underwrite the project next spring. Mr. Huntley has sent-letters:to the businesses he had contacted advising them of, postponement and asking if they still want to participate next spring. The Bicentennial Week project was presented to the Iowa State Bicentennial Commission by S. R. Huntley and Mayor Czarnecki on October 25 We have received official notice of the Commission's endorsement and a copy of that letter is attached:--A'decision `on finding is to be made at the next Commission meeting at Cedar Falls on November 19 and 20, and applicants will be notified of Commission action by mail.` Mr. Huntley hopes to have Paul Engle produce the program on Women in the Revolution and Independence Engle is; writing a book on that subjectand will handle the program if he is in this country. rIf he is not, he has promised to provide material for use by a substitute. -Mr. Huntley-also is hoping to use the youth orchestra in conjunction with the performance of the MacLeish'play. The children's art contest will be held on Saturday afternoon, April 24, rather than during a weekday afternoon as indicated in the tentative program that was sent to the =City ,Council:earlier. Mr. Huntley has requested that the City Council send letters of invitation to participate in the opening event to the Governor,Superintendent of Schools, Congressman Mezvinsky, University of Iowa,President Boyd, Chamber of Commerce President, League of Women Voters President. cc: S. R. Huntley is Enclosure , I� CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS _ M E M ..DATE: November 14, 1975 Neal and City Council l Berlin, City Manager, ht ers 70. of Public works FROi4: Richard Plastino, Director RE: Scott Boulevard Study has done -some preliminary The Area Transportation S Y f what will occur if �puter runs which give an indication o Scott Boulevard_is rebuilt. Two alternates have been run thus "far: computer as a four lane 1, Scott Boulevard was put on the_comp from Highway +6 BY -Pass north almost to where it jogs west, as the present road road running #1 just south of the Interstate 80 with Highway this 1995 :traffic volumes, - does, and intersect Based on erve'`about I-80 interchange• particular improvement is forecasted theSRock Island 1,200 vehicles per day just south of per day just is a high of 4,3( 0`vehicles,P e amout of Railroad up This is about the same east of north of Rochester. Court street just traffic that now eXists on First Avenue, outing of effects of this particular r The principle other streets consists of the Scott Out on following: traffic moderate reduction of vehicular he rc east. There is a slight a) There is a on unimproved Hig l,e ion Road east increase me in traffic on American g of First Avenue* oration that was _entered on the _computer from Ilighw- p6 BY -Pass north 2. A second contig an interchange was afour lane facility interchange to Interstate 80 with construction of (This an unrealis2rcn ntpof at Interstate 80• doubtful the Iowa Dep is extremely of another since it would allow construction the existing Transportation short distance with configuration _ e such a bort 1. ,`This type interchange with llig the former interchange traffic than this facility resulted in moreej}f��eforecastect sd;traffic on south of the configuration' 1 200 vehicles per day per day ranges from around Is a high of 6,070 vehicles RocY. Island Railroad ochster. just north City Manager F, co -2- �mber 14, 1975 Scott Boulevard The effects -of this configuration are as follows: a) A moderate reduction in travel on unimproved Highway ` 1 East. b) Some decrease of _traffic on Muscatine and First Avenue and a slight increase in, trafficon American Legion Road east of First Avenue. _It should -be-remembered that the vehicular traffic envisioned for Scott Boulevard is based on 1995 travel'' forecasts and land uses. The traffic volumes on Scott Boulevard are predicated on a significant increase in Southeast industrial development. If the actual growth in the industrial concentration should be: greater than forecasted,• traffic would very likely increase on. the projected Scott Boulevard while if it does not grow as rapidly, he volumes projected' are over- i stated. This brief report is aimed mainly at giving Council the few facts that exist at this time concerning Scott Boulevard in relation to the Area Transportation Study. -If atallpossible, it would be desirable to defer a`final decision on Scott Boulevard until the entire Area Transportation Study is done in March of '76.`.A -decision on Scott- Boulevard should be tied into decisions on possible extensions of First Avenue and/or 7th Avenue as well as other possible improvements throughout the transportation system of the City. In other words, treating Scott Boulevard as an incremental decision will be rather difficult; particularly in the absence of any firm cost forecasts. Such cost forecasts will be available in the final version of the Area Transportation Study report. The Johnson County Regional Planning Commission will be happy to provide further detailed explanation of the two alternates. cc: Bob Donnally, JCRP ,y: CNK. CENTER <IO E. VI*S"GTON ST. ..- ///y� IOWA CRY. IO vA 522 GOMI+EB'C _ W - _ - .r 1975 MAYOR ... EDGAR CZARNECKI COUNCILMEM8ER5 - C.4 Tttn"BRANDT - _. PENNY D.VIDSEN - - CAROL ar,ROSSE - _ - MARYNEUMAUSER - - . Dorothy Douglass 921,D First Avenue52240 Iowa City, Dear Dottie: the Transit Advisory Committee ortunity to thank stems in the I would like to take this opp ast and for its efforts to date in the coordination of then sent time, there are at Iowa is area. .your Committee input. At the been valuable in the P City provide use should continue'to p - least two areas that require serious consideration• but we have not set ram is being updated, if a given number - system- The Area Transit Development.,Pr�e_transportation sy benefit priorities for improvements In best be utilized for maximum ser - where will they tinted? Should evenmgr. . of dollars are available, and handicapped to the community? Should rush hour service be augur vice be initiated? Should a special service for uldateyreflect the C1 stem I am also concerned that Le costs of -the present system dents be provided rovements. Operating ability to finance such Viand subsidies at,the Federal and sagencies eMust will continue to increase, available. The- three operatingwell as not appear to be immediately improvements for their financial as - - carefully consider proposed'imp that cost: estimates are realistic service implications.'—lie must be certain and that improvements can continue to be financed in the future. ediate effort is the field of specialized trans- and elderly and handicapped P°Pulation me were Another area which requires i met. At the present: time, portation. There is a signto transportation provides a mechanism be met ortation needs -that are not now being. manner -and it mus is nota program that addresses these needs and o proposals seem to address them. Such a program must be created 1Present p p transportation needs without a prehensive, not a piecemeal approach. ed,transp and handicapp a roach can only resultin an various small parte of elderly problem. Such an FP rated in an tmeconomical comprehensive overview of tof he p limited services ope elderly and roliferation:ci must soon begin t° discuss an unacceptable P of Iowa City. fashion. The City MINUTF,s OF STAFF MEM'ING November 19, 1975 The agenda .items from the City Council meeting of November 18 were discussed. A policy statement concerning emergency days has been drafted and copies were Furnished for the staff. I>epartment heads were, asked to review, this draft` and furnish comments to the City Manager. A'finalized version will be given to the Union by Candy Morgan -to -learn if there are any comments before the policy is instituted. Community Development Department will make a presentation concerning the comprehensive plan to all -departments to discuss interrelationships the departments' roles will be. Itmaybe and what necessar coordinating committee. y to set up a department There will be a staff meeting Friday afternoon, November 21, at 3:OO:P.M.on the budget. Preliminary presentations by department heads will be made Primarily during the month of December. The calendar will come out on Friday giving the dates. The department heads should attend the budget meeting on Thursdayevening, November 20, at 7:30 P.M. A meeting will be hold Monday, November 24, 1975, at 7:30 P.M., on negotiators and collective bargin.ing. Discussion will include. -the -process of negotiating, the philosophy, and where we have been. After that point, an executive session Will be held to discuss where we are; ping. Candy Morgan and June he Higdon will meeting with department heads to discuss problems we have had in the -past. 'Tie City Manager requested that before Friday the staff should to the give some thought presentations t0 the City Council.,_These presentations will `"include 'the - work programs in the current fiscal year, the accomplishments, where falling short we are and why, and goals for next year with emphasis upon -,direct service to citizens. Specific work programs which will implement the goals should; be presented plus ways by which the accomplishments can be monitored by the departments and also by the-City'Manager and 'Council. The proposed programs for FY 77 should be ranked in priority order. The department heads.should also in talk about-wa which their department can become more cost effective. ys On the evening of December 8, Mr. Jude west will be present to talk with both the department heads and Council about management by objectives. t regard to the aff that a clear st_emergency statement, it was brought to the attention of the statement was needed for those days when an emergency is y. declared. The present draft implies that employees will be paid. The Human Relations Coordinator was instructed to make the statement clear that employees will not be paid unless they take vacation or comp time. The staff was requested to review the personnel policy which states comp time is not allowed for administrative personnel and furnish comments to Candy Morgan Who will then work to change this policy.` - MINUTES, - C1TY-UNIVERSITY STAFF MEETING October 24, 1975 Dennis Kraft, PERSONS PRESENT: Dick Gibson, Guy Nasser, Steve Morrie, Ray Plastino and Pat Hi11 Daigneau, Mossmang Dick - Strabala The meeting ice in North Hall - was at Mr. Hasler's off SEWER SERVICE CHARGES: response to his letter plastino reported that he has not had a uacy_ adeqof the of October 10 to Jim Kinm� requesting his comments on the naso for equitable study design prepared by Hasler and Daig date in e ratesthat he would call Jim at a Dick indicated n early sewag. _ inquiry. a❑ effort to solicit an early response to the taff agreement it is desirable to get s It was agreeable to all that design before pro - for procedure on the method as outlined in_this study is important in order to eliminate any qu ceeding. This estion of the the results at some future date. validity of nD' ZONE:deferring any action on this ion is The Planning and Zoning Commission until its December meeting. In the meantime Gibson is to work on will item Commission which the Planning end Zoning proposal for consideration by that Will, ro erties owned by the University buffer zone around p P ted by - provide for a if accep - - define permissible land use in those areas. Such a proposal basis for preparation the Planning and ,Zoning Coscniasion could be used as e sidered by the City Council. of an ordinance to be con COMPREHENSIVE PLAN: Ian hes been under active consideration by the The comprehensive p teff and a draft of the study design will be available late October City s o November. At t f the University will or early hat time representatives have an opportunity to review the plan and make comments., -- CARVER PAVILION TRAFFIC STUDY:_ It was reported that on October 3 the final presentation on the traffic program for this area had been presented to representatives of all concerned and there was general acceptance of the traffic plan. The matter of bus penetration has been deferred for the present. WASHINGTON STREET: Comments of the University concerning ,the amenities program and Washington Street design are in the hands of the City staff. These will go the design review committee for their consideration. It was agreed that Mr. Gibson will be in attendance at the time the committee meets to consider this project. ' URBAN RENEWAL PROPERTY: Contracts for the demolition of the balance of the property have been awarded and work is scheduled to begin early in November. Reuse appraisals for those parcels to be purchased by the University have not been completed. Contract negotiations for acquisition of these properties by the University will begin at the time these appraisals are received by the -City., VACATING STREETS AND ALLEYS:_,_ Final action on the vacation of the alley between Capitol and Clinton eing delayed pending.fina l determination of and Market and Bloomington is b the disposition of the Presbyterian Church. -- EMERGENCY WARNING SYSTEM:. - The status of this particular project in terms of funding and specific program is still yet to be determined. JEFFERSON BUILDING VAULTS: The City has received the report from Shoemaker but the final determination of how to proceed has not been made City and University staff members =a RESOLII—�CES' {, Some findings and conjectures from recent research into resource development and use To explore the globe and no small part of the universe; to -...discover that our world ---? is . -.-. a-eouistent world.where verification is always possible, provided identical con- _.:_�.. ditions obtain to increase in control of our environment . : and through-communi. - cation to transmit our obseri•ations and interpretations to generations yet unborn—drat c is humanity's. greatest adventure. R. G. Gustayson in Resources, Number One, -play - ,. 1959. Controlling the Uses of Land Excerpted front an early draft of the forthcoming RFF housing tracts arc built on the urban fringe, the traffic study, Land Use and the States, by Robert G. Healy. they generate begins to foul the air. In the economist's - jargon, the public has become more sophisticated about FOR MANY decades, controls over the use of the negative external effects, or "negative externalities," land have been exercised at the local level —or that some land uses can create. not at all. Very recently, however, a number of states, But there is another, greater, impetus to the public's including - Vermont, California, Hawaii, Delaware, concern. The frantic paceof land development in the Maine, Oregon, and Florida, have passed innovative past two decades has caused the destruction of many legislation giving the state government a direct role in amenities that people have long enjoyed and taken for approving important changes in land use. The Congress granted. The Sunday drive into the countryside has has been considering legislation to encourage; these become a battle to escape the ever-expanding limits of state efforts and is at the same time trying to delineate the suburbs. The character and uniqueness of neighbor - the appropriate role, if any, of the national government - hoods and communities has been changed . by : high- - inland use decisions. Why has debate over land use density development. Rows of high-rise condominiums controls left the specialized realm of city planners and have sprung up along the beaches, and recreational de - zoning lawyers and become a significant political vclopments dot the mountainsides Wildlife has -re- issue? Why is the time now ripe for land_ use planning? treated from the advance of man and his noisy artifacts. For one thing, as the public has become more knowledgeable about the workings of ecological sys- tems, it has learned that changes in land use Can have INSIDE -nus Issue, - profound effects on the environment, and that these Controlling the Uses of land ............... ` I effects are not limited to the parcel of private property Energy Accounting vs. the Market ........... 4 whose use has changed. As the tributary areas of creeks Gustayson Memorial Lectures ............... 5 and rivers become paved over for urban development, Reappointment ........... ........ ...... 5 A "Worst -Case' Approach to Mineral Availability 5 for example, the slow seepage of storm runoff through Forest Service Planning .................... r 6 the soil becomes replaced by. the rush of ,water off New Books and Reprints ................... 7 asphalt, carrying with it oil, lead, animal wastes, and Materials Policy: Our Changing Goals ........ -8 other pollutants. As shopping centers, factories, and All articles published in Resources reflect the individual views of the authors and not official points of view adopted by --. Resources for the Future, Inc. -- • - However, it is important to separate Take, for example, the location of New Engand the failure of specific local controls an oil refin s b'on that has beenl the ""•-"""' from the shortcomings of the concept :`coast," a'pos Y of "local control:' _ If local zoning has source of several land use controversies `•"' 970 failed, the fault may lie the tool and Approval impetus b Maines mall - - royal Law. If built in the small rather than wields itheGi en new potcY town,of Machiasport, Maine, a 5150 0 tt7 illion refinery would be as - instruments, new property_ tax systems, to $300 m I Ii QAS _ �8 - and tough conflict-of-interest laws, and sessed at$113 the to n*s present —75 ed „ , w prodded by. an environmentally aware 150 times the town's presentassessed citizenry ,"local -governments ' can go far.: valuation. Under -present state. law, the O - ld not be in improving the quality of their land shared proptaxerty surrounding tgeneratd owns, even, use.latter -- - -""-- have We assume thatlocalal land though these umberswould of to house - Even the deserts -and the swamps use is, other: things being equal, the substantial numbers of new. workers with "not _been -spared, as .they sprout the most desirable.arrangement-In judging andschools, rd have to provide them with little red flags of the subdividers. the merits of most land use changes, `schools, roads; utilities, and other public Many of the things that the public local authorities arc not on the undo- formed about the facts Of situation, ly better in- serf ice,%. be foolish to - assert that enjoyed—the'scenic vista, - pursue their self veloped roadside, the open farmlands—but are also (at least ideally) more re localities inevitably p were part of some landowners property s onsive totheinterests affected. When . interest without regard ton o the effects geographic rahic rights. The publics. "right' to -..them p _ _ higher levels.. of government eighbors..ir tsionsInformal arrangementspbe could be .revoked quite- legally at the such problems, they typically personal and political _ landowners pleasure. As population -ex - create layers of bureaucracy simply. to - ties t localities, local panded and the demand for -homes, .._-channel the appropriate information to simple muncipat self-restsnt tend to: stores; factories, and recreation areas decision makers. The decision makers, p rose, -the landowners found it profitable moreover, . arc responsible to a constit- prevent the worst abuses of jurisdic--- to exercise _ property- rightsthey had uency which. is probably_ farlarger tional fragmentations. Butin the ab- - - - - than the group of citizens- affected: by sence of: some overall mech n m for long held dormant. costs and. Citizens typically rely on local gov- most land use decisions. Thus by virtue geographically allocating h ernment to assert the "public" interest _ - of. not only tradition, but efficiency and benefits of development, the spillovers in regulating changes in the use of pri- polPot it responsiveness, ;there is, a can be great. vate real property.. Around the nation, .strong case for local control of land use. - - ----- the public has been disappointed.. Local However thcre are a surprising num- - -, governments found the tax revenues her of situations in which even the most ` from anew shopping center or a high carefully designed and.conscicntiously rise too attractive to be ignored. Funds administered local program will fail to for public purchase of open space were take into account: the interests of some -- -- :: otter inadequate to protect even areas portion of the public significantly of `exceptional beauty. Zoning maps, a0ected by the outcome of agiven land _ when use change. -We: might separate those many. prepared during a period L - economic development was seen asan casesinwhich we suspect state inter- ,s•— sT overriding _ duty of local government,vcntion is warranted into the following •-�'� often allowed development densities far categories: (1) problems that spill in excess of current use. In many rural across the boundaries of legal jurisdic- -places, there were no land use regula- _ tions; (2) problemsarising when local r tions at all. - - - - interests' diverge from the interests of Moreover, _ in addition to the .well-- - a to public; (3) problems arising publicized :`cases '-ofc. corruptionand on lands not subject to effective local _ - venality, even the most honest and well- control; and (4) problems allied with informed local governments - faced sit- _ the' implementation of -state policies- or The Clash of lnreresrs -' untions -in --which - the interest of the _ the carrying out Of state. investments.: ,In many cases citizens of one juris- ,.local community. and the interest of the diction are. concerned about land- use socen iety as a whole were -not -the same. _.. _. changes in other localities, lassevenie ase A shopping center or -a power plant can Interjurisdicrional Spillovers -there are sno-e spillovers. A classic case -. mean' a healthy addition. to a commu- -There arc some 3,000 Bounty govern- - is the preservation ot. as. It wilderness t Pity's tar base. -but- the environmental along with other remote natural areas It is almost -- effects (not the taxes) are .shared by merits in the United States, g ----the. is (not t The -increasing mo- 18,000 municipalities and 17,000 town- - a certainlywilderness that most of those who sup - ire ilituse of of heland in One population localityhis made concthe ern IhrsL 14,000 ofit has been these jurisdictions exerthat t port wildlife from�habrtat destrut The effects of land use changes by personally observe the object of their of a wider and wider segment of the cine some form of land use control. _ tion will never have the opportunity it population... - _ There is. a pervasive feeling that local these jurisdictions can spill over bound- labors. But the vicarious pleasthat ure assn- u control of land use, which in practice - cries in ways as obvious as a smoke- areas exist is a knowledge cannot e I -- means local zoning and subdivision reg- - stack's plume. or as subtle as a (low of disregarded.ts- a factor that cannot be -- - - ulalions;-has been a failure. - retail dollars.` 2 _ If large numbers of people are con- - have no planning staff, often there is not more than half the states, there are pro cerned about the quality of the cnviron- -.-: a: single full-time town employee. -It is grams -giving. special preference in as- ment in remote and little -visited areas, rural areas such as these that are fre- sessment to particular land uses, such as a -far greater; number- feel a stake in quently confronted with plans for huge agriculture and forestry.; communitiesthey visit on their vaca. recreational developments, with complex In addition to their own activities and tions,:. places -they enjoy on weekends, , environmental and social effects. - - investments, the states have some power places theydrivethrough daily as they over the distribution tat nave omepowe go about their. business. Although they - - - - eral grants withintheirborders, both through in -- have 'no standing as citizens of these State Investments and Nonland Policies :dividual categorical programsand - various localities, members of this wider Even if we assume that state govern- through review procedures.: public can have a strong interest in the ments have delegated all of their police. With this great varietyofstate actions ` land use changes that occur there. power over -land - use to localgovern- impinging on the growth patterns of Even though -a given _locality ..may .. ments, various Policiesandpractices of -regional - and - local --subareas, local-, have.: effective .land r use controls, the _- the state are: highly important in pro -. growth is neither' completely_ the result.. interests of its citizenry maybe differ- moting or preventing local .land. use of market forces nor completely under. crit-fromthose -of thenonwho changes. Perhaps;. the most obvious of :_. the. control of local government- Deci feel a stake in its land.`.. Sometimes, these is state investment in the highway sions made` by the state,. whether -_- values differ.: A.. beach resort's town network and water or sewer facilities. guided by deliberate land use policy or -- fathers may consider Miami. Beach an The location of state facilities,: such, not,, significantly- affect local land use<' ideal to emulate rather than a mistake as hospitals. office buildings, prisons changes. Although local government has -' to avoid- More frequently, however, the and, especially, universities, can be im-. several tools with which to deal with the divergence of interests occurs because" -portant in determining - local growth effects of these changes, here again there ` the costs and benefits from develop- rates. Many states also have programs are many situations in which it easier ment are so distributed that the local for attracting private industry through to deal with the state -level causes of People .(or ,at least important local sub tax concessions or industrial develop- growth`. than to try to mitigate its local -- groups)receiveeconomic benefits from ment bonds Although the microlocation level effects. land use changes that offset the decline ofthese industries within the state is - Thus the potential for state involve - quality environmental quality they expert- usually not a matter of state policy, the merit in land use decisions, -even after. - ence_ :' :-.._type of industry attracted. and the rate local controls are strengthened and of industrial job growth can themselves - rationalized, - is considerable. Many - No Man's Land - - have different effects on different types - states have already taken the initiative. -: Although most urban areas have some of localities. :. - At first the movement was aptly form of land use regulations, large parts State licensing of power -generating - called. "a quiet revolution:' Recently, of the land area outside cities arc emen- and transmission facilities and state en- however;'.its progresshas slowed, as tially unregulated- . In North Carolina'-vtronmental. Policies can influence local public Opinion showed increased appre- -- only -205 of the state's 430 munici- land use, even if the state does not now ciation of land Me control as more than palities have zoning ordinances and 140 use this poweras-part -of a conscious just another kindofenvironmental pro- . regulate subdivisions. di the anew 0 coup- growth policy. Public health standards lection. -: tics, 6.;:have - countywide` zoning and Promulgated by the state determine the -- "Landuse" is not single problem, to exactly 23 have countywide subdivision areas where septic tanks will be per- - be. solved by a single decision or -a single ordinances. In -"New- York's Catskill muted, and the density of building- piece of legislation. It is `a developing Mountains, which face a second home allowed there.' Land sales disclosure chain of decisions that must involve all --development boom, only 40 percent of laws can make the state attractive or-theactors in the land development proc- the lop cities, towns, and villages in unattractive. to "sagebrush subdividers." ess— landowners, developers, consumers,- the. six -county -region reported using State tax -policies -have important in- and all levels of government The states, either subdivision regulationsorzoning.. direct effects on local land use changes,'_ which-bearthe responsibility of protect - in :many cases local opinion. holds The percentage contribution of the state ing statewide interests in : this process, -that the rate of. developmentis low to financing local schools and welfare hadtraditionally failed to do so. Now a enough relative to the quantity of land .determines the extent of local. reliance number of states have made a bold break 'available to make controls unnecessary- on property taxes, and hencethedegree with past practice. It is hoped that others y - of local fiscal interest n land- use. In will follow. In the --absence Of demonstrable spill- ti - - - - overs from one piece of property to - - - another, the tradition that the land- ° ° owner should have free and unrestricted use of his property: remains strong. If d outsiders perceive land use _problems - •r r that local people choose to ignore, the iht i 1 'case becomes another instance. of the I, ,1�� �11l� t 'll j 6�t'-"f • 't divergence of interests. - ' r' - II•- it i • .• I� '1. >✓ a.�a _ t ^! �_u 4 In other cases. however, the lack of e land controls to is due to the general small - -_ - size, lack of - resources, and lack of �` t t ar expertise oflocal I - N government: in Ver------ mont, for example; some. local. govern- �� -� _I menta have jurisdiction over only a few hundred persons. .Not only do they - - -- . _��• 3 - INFORMAL COUNCIL DISCUSSION NOVEMBER 20, 1975 7:30 P.,M, The Iowa City City "Council met in informal session on November 20th at 7:30 P.M. in the Council Chambers at the Civic Center: Councilmembers present: Davidsen. Absent: Brandt, Czar- necki, deProsse, Neuhauser. Councilmembers.elect present: Balmer, Foster, Perrot. `StaffinemberIs present: 'Berlin,Strabala, Stolfus, Taylor Miller, Keating, Morgan,; Morris, Zelenka, Struve, Eggers Mayor Pro Tem Davidsen presiding. Mayor Pro Tem Davidsen advised that.because of the absence of Councilmembers who will need to deal with funding of the pro- grams as outlined in the Source and Application of Funds memo,` it would `not 'be discussed, but: would :be scheduled for an informal session on Tuesday, November 25th at 1:00 P.M. Acting Finance Director Pat Strabala called attention to the proposed Budget Amendments for_Fiscal.Year;.1976 and explained"why they will -be -made.. City Manager Neal -Berlin commented -that about • one-half of the transfers are equipment purchases. Strabala then discussed the Legislative Property Tax Freeze memo. This pro posed action gave him a;chance to .address some of the problems they see in -the FY -'77 budgeting. Decisions on general revenue sharing will not be complete for use -in -the FY '77 budgeting..", As revenue sharing was :used for operating:and maintenance, espe- , cially in Mass Transit, -it -will be -felt there particularly. `ie also explained the State Municipal Assistance Funds and the Title XX funding. Under -Title XX funding -we -were to receive $20,000 for the Special Populations Involvement program, City share was $5,000. Wehave hired an employee. -This program teaches the handicapped through recreational facilities. The City Manager commented that it might be included in the ,existing Youth: programs, and he `would have an answer soon on this. Strabala pointed out two areas where costly increases in expenditures are projected: (1) Salary increases -- cost of living `and merit raises, $443,000. The City Manager noted that any, adjustments because of the collective bargaining con- tracts would be -extra. (2) Inflation factor -- 10% would be $227,000. After all`the financial considerations, the -City will have a $506,000 shortfall. Strabala noted that the 6/30/75 year ending balance was $1,246,124, and the.City;will end on 6/30/76 with $173,000, and he stated that we need to plan for a larger` • year -ending balance. The new budget manual will be distributed next week. The City Manager announced discussion of the Source and Application of Funds memo on Tuesday afternoon at 1:00 P.M. Also 'reminding Council of the:.meetinq on Monday evening con. corning collective bargaining. Meeting adjourned, 9:00 P M. k A 41i` '' ipW : ciTv s F DEP�RTMEUT pF,Fl"ANpE _ k, YrYf1m!"'�" 1976 Budget Amendments 9u a gYlin+ K t 2oslp� manager t October 1975, Ma .. 8do4t=dov 1. -the level nual of . t ' t:a ljy2Y>- sing a a44 actives tba a City Purchasing i the obj the ed in the 1w o ersting budge a goals and, stifled in �.s4ecifi n of an annualto lish'ttam• _.lt vas s4 eats of all ac ;Tom- els n the aloe di neceeadafor each',City.4tla-a44rwe diaam funding l� ctice of exp lish t tba Council you establish has been the pYa -. been that cific changes Ci ptogthh 75 ee, kava t(anua3. as 8e Nang 30: 19 Budge on purchasingas well the city: a June orma ti public, funds endatiaent the 4s!�' �otecific thi detailed tg t Prociiee. Upon the Yen a Departm Yo de you ._,thFo laving:. -eoeed=budget, of the;Fina to 4 ef:-_ . of prop trol and amendment documeeaaed=-budget:cuaIIrgtetly revie11 initive con b 384 l8 ri YeComm Man a'9 e11•a more def .ents.. As paragtaP ear , ve y°uld li Ca allo�vp 10' ' 6_ Is h IIs c the D eCa fffi the -Cu se rmit the s44 a ac he n amendm of the activitieB aA city budgpgeB: (1)•to 4 IIcea on has the,. Ye5llev; states. ur4 cash Bala IPS, in c o£ -the Iowa Ca for ,the folla+lnnc�beted antic k ed d not.been a of kende ex ended, had ut year which CILP"' than 4topeT �3 may ee4endlture °f. fiscal y) t° un 4 - = and YeCeei t the aPPro4tithej o tcee other et, and<, *r end. of the P other:._ in the een fun E. budg ds, . et. (2) to 4 available from antici1Pated al,Fund. bete r�4 budget, - be_ been _. Getter v ll r antici4ated to had;noto t e -in the, state is .�t«�" and en pr g am bited.b7 .L+�'!ti taxation. ata .betwe prohi d. those ^�rlY rsfta�< F r it trans" of spscifla813.1 ,s -cry �4k `sr� t'�'Fctnent are the �rt w' ,p`•.. per °CheTwiae A > i. zi �•r Ai.°`• ..:the -atti unde_t 11 -are those ., ate or ge �1 ;3;:` noted _ budget-adjustms197,432, s +eats', - `oBed budget amend ere permitted; totaling6_ Those: -item �{ _ top date which' ustments.IIoted, of .py, 197 for' phe.4 to e•:.ad5 uartet endiIIg tined Th first 4 are 4 e' and ilea noted in 384-.. through:the a items:Uhichthe Sevet:ReVenu rsflectr ; '- "adjustments mantes ot►:psge 2 aTe%Ce4ti page 2.::ti'eiy th "°t l footnotes 6• .With the:: and pater no as 197 transfers noted.. discussed; Sevet Rese' should t s` durw It ingReVenue'Resemounte as. 975 d The. uire� far 63 63 °f F Wat . °vet budget dated; July 3 of ,bO re4°ted on Page' out • review °f r ; s ,, caYYY to on Summary . co as foots note in 9, nos laormati nof Res ins bee r made priO financial. O ep it - to _ 0 ents o= the Lute a os4= he es areas y havthe eighteen Mont ttheta ares orad attempting 0 t sandmen ed vith the Council xt the lnformae area, einceoonttol ayat®• Will be discuss 5. Debt on Service °_date capital project basis sad y y 4YOj d be prepared shoal near ftlttlre, the n ' r q V, Z r , Ttl n•L s J z t.. �"4i•'~r i3 r - ! x 1 • ! S ,r rt nw Gr. ♦ , .J.e iy1 �.� i _r _ "i'i _. J�%alrr_Gt t i' r ,.! i 7u •!.. v'8^ ��.1�"� t` ��ff�r'l'f 6)(.�+.,. r ,'i ! Y�r � - JH}.5}''rt � ti}� 1.1'b "` ! riry,y flN'! f! � �,} i~, !J -{„'^r�•r 5i•tr 5 + it _ Iiei /, >�r I '.•1�.+ , . ♦ 7. h �` '^h. Q S,,in t ,) I ! 5))a YJnj�' M���• i j -f i . X:>:i -�31 s' i• a r -r i_ie� � J �(yJ73i <! I�jiF.yhfG�: f {} L !� Ay ek%1 Cr .L �, r psi .+' '!.a'•<.. z ..r}rC ,t - a I r!99Jr , rf^'� t5 t, f"P"rl S'ry.!• + r✓ r ,� J 5AJi1• , x` ly �!i { ,� 3 i.i'!f{ h ryrYs' r,il.fJ yi'�-�.-s-2 f �' 'f' � ..3 K. t i+ f •a � i� �'��G...+:_,eT�`� k J'iJi,{•� JJ5 J,.�'y- .-^ N ��,t �t._t.,Yaix„ a� i hJr�, S � �,�J���Y L.y .. -j• tr Hrij a :r. y i J.( 7 y ..Jr2rYYrI'4�r>, ,sa�Y'N!",.+''�iri3-�'S" 1 CITY OF IOWA CITY PROPOSED BUDGET AMENDMENTS - FY 1976 _ 9/30/75 FY 76 EY 76_ - APPROVED PROPOSED REVISID _ FUND/PROGRAM BUDGET AMENDMENTS BUDGET COMMENT/EXPIANATION GENERAL: Administration $1,227,296 $ 3,000 $1,230,296 Legal Expenses for City Attorney - $3,000 Community Development 499,806 — 499,806 Public Safety 1,624,624 - 58,016 1,682,640 Clothing for police - $7,087; -_ - Police equipment repair -..$1,700; Police radio - $950; Fire truck - --- $48,279 $48,279 Transportation 1,895,615 119065 1,906,680 Traffic Control paint 6 paint supplies - $6,160; Traffic Control equipment _- $635;-Surfacingoaterlsls - $670; Paint for Airport - $3,600. Environmental Protection 618,712 57,012 675,724 Sanitation trucks - $50,712; "Sanitation repair supplies - $1,8001 Sanitation equipment rental Leisure 6 Cultural 994,675 --7,080 _ 1,001, 755 Recreation chemicals - Opportunities $6,860,728 $136,173 $6,996,901 Recreation bike rack - $5151 Paint for Parks-- $1,_020: Allrtrolt+asl . supplies for Parka - $2,500; LWSfy microfilm reader- $Ir19J. city of Iowa'city EMORAN�VM 0VIZd / DATE: 4 November 1975 TO: City Council FROM- City Managerfff RE; Legislative Property Tax Freeze A copy of the League of Municipalities Impact newsletter dated October 24, 1975, is attached. It is apparent from the statement issued by the; League, and telephone calls we received on Friday, that the committee will consider: action on November 3 or_4 to effectively freeze City: tax fiords to the dollar, amount received during this past year. As you canseebythe following - - chart, the City of Iowa City in FY 1976 will receive $2,892,150 from its --30 mill statutory limitation. A freeze to this dollar amount would effec- tively reduce the City's property tax revenue by $585,090. Assuming that we could not receive tax monies in excess of the $2.9 million, this would effectively_ reduce the statutory tax levy of 30 mills to 24.9 mills. 'Date $Val ue of 1-Mill tillage Amount I/ 1-1-74 $ 96,405 30 $2,892,150 1-1-75 115,908 30 3,477,240 Net Difference $ 585,090 The severity of this action becomes apparent when you review the receipt and expenditure information of the City budget. From the receipts stand- point the following items will also have'a significant impact on the City's revenuegeneration capacity. 1. ' The possible termination of General Revenue-Sharing., 2. Failure to extend the special' allocation of State Municipal Assistance Funds. 3. The questionable availability of any Title XX funding. The first of these items, the GeneralRevenueSharing program termination, causes great difficulties since :the City of Iowa City, as noted on page 88 budget, has committed over $5329790 in revenue' sharing to of the'FY`1976 strictly operation and maintenance within the General -Fund In addition to this, there has been an amount of $48,833,' allocated as an additional fimding source for the Transit System, as is referenced in the July 30, 1975, Financial Information Sunmary memo. This co�mnitment of $581,623 probably cannot be sustained into the FY 1977-budget, because of the instatement. possibility 0f the program's termination and questionablere City Council 4 November 1975 Page 2 The city Council has indicated in the current Fed�helFRe1977ep'iod.g allocation that $245,000 will be utilized edur on and maintenance areas as If -the City is to continue to fundtheop it has in FY 1976, this means there is effectively a shortfall of;.some .,$336,623. J_ za) _ This same problem is reflected in the one-time allocation by the State of the $69,229 in Mumicipal Assistance Feuds. The City Council has committed $29,229 of this one-time allocation to the Mass Transit System and reserved State�lhasindicatedit willnot make a spec aLon to e ldMuni pal'Assistanceso Warning System. Sincthe tribution in FY 1977, we are again faced with the shortfall within the operation area of some $30,000-`1_k4-!;`7 The third item, that of the Title xX finding, involves the Council's ch commitment to_the -SPI Program. Title XX fundings,w}►iSi were originally scheduled to support the program,'- -are not available. next year, the are fundiavailableth and it am willthave to beionable -whether maintained within' the General funding of thisprogramif Fuad taxing limit if the program is to be maintained. The shortfall over the FY 1976 Budget will be approximately$25,000. Generally speaking, the City of Iowa City has a number of expenditure com- mitments which can be predicted for next year which may or may not be adequately funded if a tax basethe freeze isapplied. ry not thee which o deserve mention here are: (1) pasal crawssd of infla- merit and cost -of living requirements, and `(2) general- stimate tion upon commodity purchases. (1) The first of these, the salary increases expected with the City, is caused by basically two.factors, the first of which is the -ents projected 8.5% increase manda�ed'band secondlyth -labor cotheact normaluanti- for the cost of living cipated 5% increase for employees dueeto 13% increase hes o items together should result in an approximathe te $443,224• It should salary expense of the City, be noted that these factors do not include any additional increase which may accrue from labor negotiations. for could be _ (2) The inflation facttoor, tel g$227a17 scThis asionm untoiseobtained by estimated at app Y services and taking the expenditure estimate for Commodities, se of the FY charges, and capital outlay equipment from page 1976 budget times the estimated inflation factor of 10%• Table II reflects a brief summary of the above information. The items noted reflect dollars required within the Ganesaof discussion,l Fund to tand wain i hent operation,and maintenance_ levels. For perp. can'see the City of the assumptions noted in the narrative above, y ou Iowa City could anticipate an additional funding requirement in FY 1977 of $1,091,247 within the General Fund. ' ��'��r•��,= LEGISLATIVE REPORT October 24, 1975 LeaIowa Municipalities 444 Insurance Exchange Due of es Moines,_Iowa.50309 A/C 515 288-2119 .s PROPERTY TAX STUDY 'GROUP SET TO RECOMMEND "FREEZE" A state -imposed freeze on local government'.spending gained strong support this the members of the -legislature's interim study coirmittee'on local week from most of property taxation. - In its designedtwsesion tosd amp theblid2onapropertyhcommittee taxIne creaseswhichacould mresult proposals from the recent state -ordered equalization ofproperty valuations. Therewas general agreement that cities and counties should not be allowed to levy taxssorder�sIe additionhe new aluations some membersh went sowere rfarhasatousuggest that noor ;of taxes next year than are additional dollars should be collected from property �l,i�.� being -collected in the current year. Others acknowledged that some degree of :growth was necessary, 3curust current met inflation. This growth factor would probably ;have to be set by the state. much as is. -no I w done for schools under the foundation plan. One PacAltoo a). Nielsen suggested - drew nthat rproperty. taxidollars raised ein cities ' !Nielsen (D !and counties be frozen at this year's level, rev he citizens in the area � _voted in a referendum to raise additional local�revedistrlbutingnues from atheorevenues from He would provide funds for growth factor by` of the existing state sales tax' (about $40million �,/t y`�lG ties and counties Iona per capita basis (about $14 per person). - Committee members also proposed doubling the homestead fordthea9ndividualunding ar the agricultural land credit.'These items would save money taxpayer but would not mean any more dollars for local governments. Other activity during the sessions included a presentatiointhe-l- mill limiter City Clerk `of New Providence, who pointed out the inequity=, on agricultural land within cities. 'He noted -that 463,547=acres of °a9765aio' exist in Iowa cities, and that because of the hi mill "limit, only $49, =tax revenue is received by cities from these properties. These "Ie acre property_ andthe - plo s" haveaa total nearlyvaluation of n.oIfrcitiesicould�levy taxes u on Just the s on tvalue nd areof the buildings. Chance said, our revenues from these properties could be increased more than ten -fold.;; of the subcommittee on local option Sen. Fred Nolting (D -Waterloo), chairman =forecities recommended ofathehe full necessito oftdealintee g with no the problemn on s created the�l equalization order and the importante of reviewing the total local governmental spending picture. which time The Committee's next meeting will be November 3 and 4, at formal action may be taken on some of these proposals for holding down city spending. - COMENT perty Tax Study Committee's deliberations this week; we During the Pro continued to see an alarming lack of understanding of the city budget process and the many_ constraints .imposed ;on cities. There was almost unanimous concern +� er. about helping the individual property taxpayBut there was;a noticeable of concern for assisting_citiesto secure revenues from alternative absencervices'tarproperty taxpayers will not have to he-cut. While sources "so,that se_ there seemed to-be-a recognition of the impact. of inflation and state-mandated costs on city budgets. te�rbywaon what they've gotifan ethey �just tried harder. cities-could probably "g Legislators don't seem to 'understand that city officials are concerned about holding the line on property taxes-and aren't anxious to raise those taxes for anyone. Without' some substitute revenues, however, cities have no choice That's the message we're not getting through ,to these legislators! The suggestion of Rep.-Nielsen that-cities and counties,should,receive the revenues from Is Q of the state sales tax is certainly a welcome beginning to dealing with some of our problems. However, it fails to address the e,needwfor continued growth in city budgets. After,; the first y, see very little increase, in revenues from the sales, tax on:ao individual city to Rep. Nielsen's proposed local referendum basis. and would be forced to go' on raising property taxes. HOW YOU CAN HELP 1) Call-and or write your own legislators and the members of the'Property Tax study committee see list of members below). Ask them 'to keep in mind the impact that inflation has on all levels of.government and urge them not to take some action which will severely restrict the ability of cities to serve our residents. 2) Come to the! State Ca itol on November 3 and 4eand attend the next meeting of the stu y committee. ee fr yourself whit's happ Property Tax Study Committee Representatives: Senators: Carl Nielsen-(D-Altoona) Bass Van Gilst (D-Oskaloosa) Vice Chairman Chairman Wayne Bennett (R-Galva) James Briles (R-Corning) plane Brandt (D-Cedar Falls) George Kinley (D-Des Moines) C.W. Hutchins (D-Guthrie Center) Fred Nolting (D-Waterloo) Lowell Norland (D-Kensett) Berl 'Priebe (D-Algona) Lyle'Scheelhaase (D-Mov111e) Norman Rodgers (0-Adel) ' James West (R-State Center); Roger Shaff (R-Camanche) Henry Wulff (R-Waterloo) Elizabeth Shaw (R-Davenport) -2- .f -: '__:� •. Weir. Nov. S, 1975 " ■ ';DES MOINES REGISTER / SA .. would' require county -taxing on: residential property. 1 that persons with income o[ less Call,• f or bills officials to., revise, propertT would amount to )16.3 per cent- than $8,000 a year I : �«t :' :31 `�.,+•: ,�+sritmt an¢ tasrrernrtityes. ril'riebds{plaln; incorporates �:Republicari;:.Represenlative to curb tax tenalv)j- tfie Van•Gilst break for farm= lames` West'd- Stale Center "That's why I'want people en_but would further cut 9.0 proposed allowing .cities and (county atfiaals):tv_rnme•to l cenf.fromktasvaivatroas• ountle� 'te,:increase:'nest on :property and.tell ;>s whetherio - :be otagncultural sidenLal and. years budgets by -9 per -cent �- done;.' siid fhe cortiniitt'ps, rommercial property; leaving :He -said that would require s36 By JERRY J. SZUMM . top-ranking lawmaker;.Senate .industrial property;as is - ° million and lie said.batt that A. l gislative =study - cam- Democratic Majority'Leader ` Prietie.said industrialprop; tum* could be paid by the rmttee moved Tuesday toward George fGnley. of Des Moines arty waz-..riot.-rev uidthis state -and half raised by prop - d. showdown, oa rop-aahawdawn'oa :how to hold General Thant '` ear a1.s were the oUier three erty taxation'. down: Pro Y '''w"j dosses uda :iu, , '-D_emocratiC- perty,taY increases ICiatey,said;itthecomrtuttee. Represents i m Ioiii neztyNr_ ti w. " f`aa�ne65 L.Nielsea of: -Altoona said p n i ^+: Approveaatbeaefits,'_tn rural Defense Attorneys 1 t y.� 9 he Intends to cirri$ a sepiiate lTh e`_Conmvttee'. Bailed ;for property. owners,jfiose must Pnebe also proposed substi bill to provide aft milliad W 1.1 roa drafts_rrllectmg.:.two be �1balaneed'_,against bear tutmg stitermoney for crounty ntierand,+couches Thrmon Ibroad ,; something (orevery- efits to urban taxpayers •. -tylh money'tot.paycourt-appo ated b o d y plans ;authored '; by .. ey wuu)d come from diverting The'geflerai`thrwt+o[.'this defense'attorneys'(a'total;of' Leaders Bas Va Gilstt f Os- cdtttm;ttee, is! tai try+'to1'do about;l:3 million a ear) and present cent of' ales tlate'a Leaden Bass Van Gilst o[ Os 5 present 3 per cent sales tris kaloosa" and :Berl, Priebe of something equitable [or every= to: 'pay 'thr costo[=care for body�'_said Kmley atients:ld mental institutions Algona.a :wc Beth broach piaci are based (Price tag unknow'- i. o� plans and' o P� ` n ) on: strict state controls over Mem'ocratieSenator. Norman ,-..meal proposals -will be voted on some tiravlater'this 'month city. and county speadmg:ueat Rodgers. oL.AdeL,piroposed'se after research 'stiff members year. --The. plans .aLso.,.Would duc'vig tax-millage ceilings for write them into =bill form and change- :the-, way, property cities and,counties rather than tell how.muchmoney, is in -taxes are: computed for•farm- limiting.'their budget;, growth volved in each a ers and homeowners.f- ual ba -P in dollar. terms Committee Chairman Van r� n: Express Doubt` -• Giistaaid.a•limit.•also>should :.:Rodgers%alsorekindled.pro- Some committee• members posals for doubling the homy. expressed doubLee. Tr r 1776 b�-placed• om slate, budget stead. exemption paying P Py Legislature will be: able to growth nertyear' , irff d: the agriculluraf'land' lar cx= pass new lawi In time -to pre- Cub Proposed ; m .� ! emptioir' in4 'full `N6 'Ideas vent cities and:counties from :.V2n.Gilst's plan. would�e t omitted fiom the mam�P. ans" increasing theirbudgets to ex. farnr Valuations by about -16.3 Rebate Proposed plait substantial state -ordered per cent by basing value ,en- Democratic -: Representative " increases in. property- Valu• tirely on income and dropping Diane -Brandt of. Cedar. Falls, ations. -_ = - market value; nowr;half.the ro _ p pa5ed•a�new�Property-lax Local budgets -'leach final valuation. -- rebate to families earning less form by mid ,March. In addition, Van Gilst pro- than f5,009 a year. -The state Arany of the, proposals posed an equivalent decrease pays such a rebate to elderly r. al • " l o: City 0110 Wis City A/1E1�/MORAIVpuM DATE: November 21, 19 TO: Department leads 75 .. FROM: City Manager RE: preliminary Budget Presentations [hiring the month of December septations to the Cit the department heads will make Purpose of Y Cquncil concerning-the fiscal preliminary pre- these presentations is to provide an Year 1977 budget. The PTOgrams of the individual departments �mderstandin Process, and a foundation for 9 Of the work Thais procedure is of vital importance because of the necessit move with as little difficulty as policy-making contraction budget. possible from an e - Y`to expansion budget to a During this period the City staff and the Council will begin working with Dr. Jude iVest on the implementation of a It I'shopedthat the fundamentals of f a management management-objectives Your budget presentation. por Program will be incorporated I'll be different from previous this reason rporated into 'about work the Proposed budgetpresentation.programs, goals accomplishments, in'that increasingly you will be dollars and commodities. and talking Priorities rather than - the first item you present to the Council should be `a brief review of departmental -and division work programs include both an operating P g ams for fiscal 'year 1976. your contrast this work ratanprogrand a capital_ improvement -This should` Plan, with what , asdefinedin the bud phase' Then you should Year 1976. You expect actually will be accomplishedget and capital improvement from the standpoint from the oul during e _ � merit planned program should be eg the fiscal These work greater accomplishments and esser accoxPlained, both programs and accomplishments should be related; ac o plisha nts. goals for fiscal year 1976. If, in facts,ould art not hale specific goals, then P tmental department or division does ' an indication accordingly should be given. The second phase of your presentation to the `Council should be of what goals the department and On he e 1977• The emphasis should be P to accomplish Your concept have defined the FY upon citze in fiscal year 77 goals services to citizens. once you that will implement those YO° should discuss the specific work programs Programs which-do not-fit intos If, in Your department , there are work identified accord- 1 -those goals, then those' cation of the g Y- 'The last Part of this n programs should be methods b "leans by which you;expect'.to ace segment should be y which You and the Co omPlish those an identifi the year evaluate whether or notncil will be able to goals. Identify to which You You are attainin periodically throughout Y may be accomplishing those g Your, goals and goals or fallingthe degree As it appears that short. Point, and in Fact r� 77 will not be an expansion MY require a contraction Year from a budget stand- of services and personnel, it Department }leads Novcmher 21, 197-5 the standpoint - 1'agc 2 iro'ram5' for I.-Y 77 from. this rank- ou rank your pro[ Programs nts concerning to iowest priority. Your comms is desired that y of highest priority beneficial to the Council as it considers the financial ing will be extremely improve- ramifications of programs- Productivity should be related tro ram areas or nt of your presentation Identify those p F The last segme . cost effectiveness. anization, personnel restructuring, d increasing to become more effective mcnt an ou think internal permit the City the City expenditures where Y can Pe ets for FY 77, concerted or other operational change'ro osed budge dertaking oint. In assessing P P artment is un a cost standp assess whether or not a d1 will carefully and efficiently- efforts effectively our proposed presentation. efforts ,to op review Y please schedule a time when we may MEMORA �c October 13, 1975 To: Neal Berlin �•!� ; From: Bob Welsh v Re: ' City Budget Is the $484,270 �:1no rom "use of money" - the result of income from investments? Exa: Revenue Sharing $83,315.` Is there a breakdown of the $4,272,746 from Intergovermental Revenue? Administration 467,830 community Dev. 67437 Public Safety 38,404 Transportation 1,050,466 Change -150 fare Enviromental Pro. 131,571 Leisure &Culture 159,174 Capital 2,340,000 Trust '& Agency 17,864 -What is the breakdown of A'Iscellaneous Revenuer $3,130,845? Capital (?) 3,066,750 j i Administration 70 - Transportation 21g500 Envtronmental 3, 600 Leisure & Cul. 9,975 Water _ 28j950 Do you have a breakdown of Charges for Sefv4ces - $2,301,253 ' r� Administration - lb Community Dev. 2g710 Public-Saftety_ 1768500 (purchase contracts) ` -Transportation 379,500 (bus fares, flying service, etc.) change 15¢ Environmental 56,000` (puchase contracts) Leisure I& Cult. 72,565 (Library - $64,000, swimming, rental) Sewers 559,373 Water : 1,054,590 (1 S Also: there is no indefication as to what the funds can be used for, Example: P Road Use Tax Dollars can be used for what, are there any limits. I know about Community Development Funds and Revenue Sharing. I don't know about the others. , 1� Is this information that Pat could provide? �19 One other question: Rational behind A-13 on budget transfers. O �� 3 41 4- r a r r w O - C - p _..o-.. O - - OP _ _ r _'wrr� s a 4- n w n - 000� DHS OQ m Y NnaO m H m n H O _ :3 M n µ N M -__. O w µ y H -_ (D o H.fD n H w_ H. � _. O Ea 3 m m. y. - r 7 (D N w w y CD r /'• N µ N ;v m _C N _ _N 'JD y < O O v ci r.2 -.. N Ln Ln ro m �o -, r -. -.:. O: o w f., ro z r o aD r"10 IrA a Ln In co O O K A CD - P co yy r LOPC -Ln w sn H t~A -F' -: -_. :. N WCO r OIn A H[n _. p ONPO n - O o -P t>' _ P O Ln O q _.ln. •. H ice. v w N N P P C+7 rro = C] O co 0 D14 C/) _.. w �y n -_ G% 2 c Faa� in o rn r r w o r w oro o to r 6c F- L.) wow Pww o r y o O] N WN :Ln IANr P Q� w.'. .00r: cn r - y(d �.' SIAM /ij (.4 W (n li POW- ROAD USM TAX FU.YD t H•^ ' -_. / .. .` '• 1133 312.6 Limitation on use of funds. 312.12 Program submitted. t. 312.7 Valance maintained in fund 312,8 Amana colonies 312.23 Repealed by BSGA ch 205,12 312.0 Applicability of chapter. 31214 Cities to submit report r 312.10 City street systems—map on file, 312.18 When funds not allocated_ z • . _ 31211 Accounts of ecpendltures-percentage 31216 Definition. required on arterial streets.. t W j • SIE1 Fund created..'"There 13 hereby cre- � t 'tan fund. Funds in the high R•ay ..... ated, in the state treasury, a road use tax fund. grade -,a, f Ing safety fund shall not revert- to the road use tax fund shall embrace and in rntbi , use tax fund' except to the extent then Fr , cludeSaid five-hundred thousand dollars atrtha sad I. All the net proceeds of the. registration of -motor vehicles under chapter, 321.., ct .any'blennlum �, _„:. < rt” - ! raw . 2. All the net.proceeds of the motor vehicle fuel tax license 6, The treasurer of state shall before srssktx �'�' -the above allotments -'credit- annnatir. to 1e or fees under chapter 324, ezcept primary road fund the sum of, two minim L those net proceeds allocated to the - '. hundred thousand dollars or an amount Primary road fund under section 32479. Msr1 to one-ninth- of the federal allotment., ( !,y 3. All revenue derived from. the use . tax, e'er 1s the smaller, ,said � -- under chapter 423 on motor vehicles, trailers, _ ms�%ng the federal allotment:to theirateof and'motor-vehicle accessories and equipment' Iowa for the use of the Interstate and nau.•--st ' as same may be collected as provided, by, sec- defame highways In the state _ofIona_ . - r M , tion 423.7. . • :•. 7- The treasurer: of state`ahali-before ua t 4.-Any other funds which may by law'be In the allotments g provided for. In; this s� credited to the road use tax fund.-[C50,4308A.1, . von credit monthly to the dlvision.cf,meee C59, 68, 82, 88, 71, 73,§3121 85(3 411 ' A. Vehicle registration of the de artment•o( ril '. -zoo itKm•d to In lass :' He safety funds sufilcient-111 amount`to aa9ad of a0.. tax to roan °,. t" fond effwd,o :air 1, o the costs of purchasing supplies and mstrrija 2973, aoa, Cb 292.15 s« 11321.145, 811.14a, 323.23. and for the-cost of prison labor used;fn•a3al1W < P tacturing motor vehicle reglstraUon;. sg 3123 Allocations from fund. • The treasurer - decalcomania emblems, and validation thetas 0 of .the state shall, - on the first day of each at the prison Industries. 1050,§§30SA2, 422 + r month, credit all road use tax funds which C54,f 8, 82, 66,11312.2, 422,82; :C71,rTd thl2t. 422.89(2); _2 have come Into his hands, to the primary road 65GA, ch 203,§1, ch-204,§1, ch. 1W, fund, the secondary road fund of the counties,432) . .F , •� the farm-to-market road fund, and the street 'u"'°a^'°3 •s'•u•• J°�r t. 2x3 ��ir,' t •- - construction fund of cities 1n the following ' -•aamtebabn, MAW" eb 307 A°rblonal tranew of sae 1°*fadfrd. of ,o.di flans fated manner and amounts _ 1. To the rima road fund fo primary forty-seven .,� sa. jlao+a nos 10, uo.a, nolo 143 a >; '- ,r ^r : s.. 3tza Pop pe p cent .traNfnna 2. To-the secondary road fund.of the � Apportionment to couaUeta and dllw > . - Cour= ties toren twenty-nine The treasurer of state shall, on conthefirsidsydY� ,. percent S. To the farm-to-market road fund,,.nine each month: -+,;�; ,p „y 1. I. aSlt t'or, ➢accent Apportion among the coi ntles In the 37 that the, needs of the secondary�' roads of 2323 ". 4. To the street construction fund of the county bear to the total needs of the siCbb M_ ch cities, fifteen percent roads of the state for the twenty-yearfmyroer r.. 5. The treasurer of state shall before making meet program developed by the autor OU" r . the above allotments credit annually to, the safety foundation and filed with the Iowa bid { highway grade crossing safety fund the sum of way study committee created by rhapt& 431' _" at ' two hundred forty thousand dollars, credit Acts df the Flftyelghth General Assembly, =td annually.to the primary road fund the sum of which Is on record at the departmen4 sbM „f t, `r• one million four hundred thousand dollars for -percent-of the allocation"frcm-road use mt carrying out subsection 12 of section 307A2,- -funds which he has credited to the= I the last paragraph of section-313.4 and section - _seconds-? -road fund 'of the counUes, and: appord= - cre - 307A.5, and credit annually to the primary road' among the counties In the ratio thatAbe area sot fund the sum of live hundred thousand dol-- of such county bears to the total area `of 't.la-' ' ust tars to be used for paying expens _s Incurred elate, forty Percent W, the allrat:al ftam r=d . 2 • by the aeeondary and urban road depar:.menta nae taz an& which he has cedited to dwe - whl of the commtsslon• other than eza.enses !n- secondary road fund of the counUes - :.. :'." fur. curred'for `extensions of primary roads in 2. Apportion among the elder of the_stabq`.. tleK _ - cities.. All unoblig2ted 7 funds provided by this In .the ratio which the-population-of eae3- fdi. subsection, except those funds credited to the city, as shown by. the latest available. fed" 3 highway grade crossing.safety fund, shall at census, beam to the total populatlotKae-aa ' and the end of each year _revert to the road use such Cities, In the state, the fif[een:pere>ent d• • ... the ,� pry 1, ROAD 178E TALC FOND, SM7: . tax funds which he has credited 4. The amount of federal ofd second .. jpisittund of the such and shall remit funda,ghlch he has received from the road -_4• � dvit. each such cityy the amount ` ed to such citeral y: A city may have government and credited to the fArm•to-market federal census taken each decade, road fund.- I �6F3; C27, 31, 35,14755•b7. Cap, `zr poyulation figure thus obtained shall C46,11310.7, 313.7; C50 4,Y ,�aessyII apportioning amounts under this 1308A.4; C54, 58 e2 68 71 78,1312.4; 650A, ch jylttlm beginning the calendar year follow. 1087,132, h 1088.14, ch 1180,1841 de r rics� f•••e'7t�frar 1n which the special census la ° iod nout'�t•• July I, Im the V,'A rytbetecretary of state. ' 812d Division of farm.to•martet road lands. he .The road use tax funds credited to the farm. Y n �, laranj'case -where a city has been 1n. tomarket road fund by the treasurer of state °t �uy�enled since the latest available federal are hereby divided as follows, and are to be task ,: - ryt'•atsros'the mayor and council shall certify to known Sespectivel air --- on fir«r �cw? state treasurer the actual population of I. Need allotment farm•to market road funds :hlrorporated cit as of the date of In. sixty Percent; and - . - tion: and its apportionment ;.Of:'funds 2: •Area allotment ftlrm•tc.market road funds; equal .Able section shall be based upon such fort :eitilication' untilthe next federal census' Y Percent i for tion. An community which has dls- whichll 31020n me. from any tale o y y except fuyds stalest - aairdIts corporation shall not receive any ap.• -'_ county's allotment on the road use ��ertUSrmrmmment-of funds under this certificate shall be allotted among the tax ��' 4f , *[,fmy Period atter said corporation has been d aztment Area allotment counties bY the d funds and federal aid Secondary s O�' j,; go any case where a city has annexed any fords: received by the state, shall be allotted r l..Isrsltory. since the last available federal can. : anion all the Pub. ens Dr special federal census the mayor and that the area ocounties ea hecoun of a smrs to the total Par county bears to the total tial: awsellshall certify to the treasurer of elate area of the Lvhola state. �twiactual population of such annexed 'tern. - N sou' tery°L. determined by_ the last certified fed• ehallll be eed Wottaent farm to•market road ales, (y enl census of sold terrlto ids ' kers rr 3" territory and the appor. ratio that the needs of the f��M a' the i�sd9nment of funds under this section shall be roads In each county pear ta' m'�IDBrket �. Jif;eswd upon the population of said city ae mod!• of Uto fatm•tomarket roads in the needs 097, by the certification of the population of the twenty-year_ program developed�m for .�tlte annexed territory. until the next federal automotive aate(y. foundation and riled wlhh eq:apeclal federal census enumeration, the Iowa highway study committee created :I any case where two or more cities chapter l2e, Acts of the Flttptlghth General �. consolidated, the apportionment of funds Assembly, and which.. 1s, on re !adv this section shall be based upon the dePartment' [C38 cord. at the UOrl. of the. city. resulting from said con• 1308.4.6; C54, 6B, g2 gNa6�8e7AS, C312Z, 05; , lldaUon and shall be determined b combin• 1180,184] x'1312 S; gSpA, ch a the Population of all cities involved In the 181027 ' f Ildatlon as determined by the last avall• n� ut Ammdm•et •R••d.• July- I. 1076 _ bre federal or specconsolidating federal census enumera• silo 311mitation uq ass of tones Funds re. � ° tloa'for said consolldatin cit S8, 62 66, 71, 73,1312.3; 65GA,[chi 87j g2' road use tamunicipal ftrrd3nd shall be used for any put. Q31180,1841 be used s from the ;a.rar.a to is p1Ze =. _-Pose relating to theconstrucUon, malntenanca, "fut •a -fl- JW 1. 1075 and supervision of the -public streets. [C38, r sw Irlo.l 11"".21. Nb,>Vi G6,11310.21, 31025; „ r •' 1308A.t1; C54, 68, e2, gg 71, 73,1312.8; o4 . C50h 1 312A Treasurer's reportto the dellarts1088,1255) ., trateltt uportation. The treasurer of state shall, �t •e..u.• July t, Isis. ach month, certify to the departnfent - 8157 Balatiee Isulitslned 1a C 1. The amount which he has received and treasurer of elate ehall maintain In ther atdlted to the road use tax fund from each use tax fund In the state tre road i_ source of revenue creditable to the said road Collected as Protdded In cru ash' of the funds .;•use tax fund chapter May be u>tltld Pter 321 or as sdld 2. The amount of the road use taz fund dent, when added to th s cash 11alanee at1ID- i t which he has credited to (a) the celpts In the mad use flax uad nce of re. om other x' fund, (b) the secondary road fund of the cozen.. ras''to pay- the antadpafun a0tpenditther (c) the 'farm•tomarket road fund and monilia toed uM tax fund for the eluiuing . ted fd) the street fund Of the , cities ' d3. The amount of the federal aid When necessary to restore the balance 1n and urban funds whlh ha has received Ute road use tax fund In the stats treasury he the federal government and credited to the shall draw upon the tressuuet Of q� Cry, Primary road fund teethe atats in Proportion to the alcn cm in >da4 neDtetively, of the finds ODI- s : 1763 CITIES -CITY FINANCE, §384.7 ` -- - DIVISION 1.--- - TAXES AND FUNDS 384.4 `- Debt service fond. A city shall estab- -- -Ilsh a debt service fund and shall certify taxes 384.1 Taxes certified. A city- may certify to be levied for the debt service fund In the ' taxes to be levied by the county on all taxable amount necessary to pay: ' property within the city limits, for all city -1.'Judgments'against the city, except those government purposes. However, the tax levied authorized by state law to be paid from other by a city on lotsof more than ten acres and funds. the personal property, thereon, occupied and 2. Interest as it becomes due and the amount used for agricultural or horticultural purposes, necessary to pay; or to create a sinking fund may not exceed thirty-three and three-fourths to pay, the principal at maturity of all general cents per thousand dollars of assessed value In obligation bonds issued by the city. -_ any year. A city's tax levy for the general Aloneys pledged or available to service gen- 1 fund may not exceed eight dollars -and ten cents per thousand dollars of taxable value in eral obligation bonds, and received from any tax year, except or -the levies authorized In 384.12. sources other than property taxes;, must be deposited In the debt service fund.. [C97, section fCO7,11616, 890; 813,1618; C24, 27, 31, 35,39,§6-210; C46,50,1404.4; C54, 58, 62, 66, - 11894; SS15,11879-s, 894; C24, 27; 31, 35, 39,§§6211, - 71, 73,§1404.1, 404.2,' 404.15; 64GA, ch 1088,182; 6803; C46, 50,111404.5, 416.132; C54, 58, 62, fib, 71, 73,§404.13; 64GA,ch 10881185] 65GA, ch 1231,§168] -Io ' 1W.,md to In §3/2.13- Home Rol. Amendment edeeth. July 1, 1976 Rderred In 1121!.24, 11122, 1111.74 - Nom. Role Amendment eeettlye July 1, 1176 ' - - - - 3842 riscal year and tax year. Except as 384.3. Excess tax. A tax levied for the debt - service fund Is not invalid 1f 1t raises moneys otherwise_ provided for special' charter cities, a " In excess of those needed - for a- specific pur- C city's fiscal year shall be as provided In sec- pose. Only excess moneys remaining after }•e, tion 242, subsection 4. All city property taxes tlrement of all Indebtedness payable from the 1 must be certified by a city to the county audl- :" fund may be transferred from the debt service for pn or before the fifteenth day of hfarch fund to any: other city fund, subject to the 1' of each year, unless otherwise- provided by :. terms of the original bond issue, and as pro- state law. "' vlded In rules promulgated by the city finance 17he county auditor shallplace city taxes - committee created -in-section 384.13.= [C51, _ and assessments upon the tax list for the cur- - 11123,-124; R60,§§259, 260; C73,§§318, 319; C97, rent year, and the county treasurer shall col. 1897; C24, 27,x31, 35, 39,§6222; C46, 50,§404.16; sect city taxes and assessments In the same C54, 58,1404.20; C62, 68, 71, 73,940421; 64GA, I' manner as other taxes. Delinquent city taxes ch 1088,18611 L: -. and assessments draw the same * Interest and _.. .. ":Home Role Amendment •eetU.. July 1. 1976 �- penalties as- other' taxes.- Sales for delinquent. city. taxes andassessments must be made In 384.6 Trust and agency fund.. A cl tY may -establisha the manner, provided In chapter 446. The trust and agency B y fund for the Lal -_ county treasurer shall combine in one tax sale lowing purposes: all taxes and assessments due from the same 1. Accounting' for pension and related em. person and collectible by the county. ` [R60, : ployee benefit funds. A city may certify taxes 111123, 1126; C73,111495, 498; C97,1902; S13,111902, to be levied for the trust and agency fund In 1056-a34; C24,1115678, 6227, 6228,E 6570, the amount necessary to meet such obligations. ` 6571; C27, 31, 35,115676-a1, 6227, 6228, 6570, 6871; 2. Accounting for gifts received by the city; -. _C39,§§5676.1, 6227, 6228, 0370, 6871; C46, 50, - fora particular purpose. §§363.51, 404.21, 404.22, 416.95; 420212; C54, 58, 3. Accounting for money and property re - §9363.29, 404.3, 40421; C62, 66,71, 73,1§30329, ceived and handled by the city as trustee or 404.3, 404.22; 64GA, ch 1088,183; 65GA, ch 1096, custodian or In the capacity of an agent. [C54, §122, 611 58, 62, 66, 71, 73,1404.16; 64GA, ch 1088,1871 e Rome Rule Amendont eeedl.. July 1, 1976 se. 1609A2. Code 1972 - - ' 3843 General fund. All moneys received • _ _ Home Rule Amendment erective Jolr 1, ]276 for city government purposes from taxes and _ .'384.7_ -Capital -Improvements- fund. A city -: other sources mustbe credited tothe general may establish a capital Improvements reserve - fund of the city, except that moneys received fund, and may certify taxes not to exceed for the purposes of the debt service fund, the sixty-seven- and --one-half cents per thousand trust and agency fund, the capital Improve- dollars of taxable value each year to be levied ments reserve fund, the emergency fund and dor the fund for the purpose of accumulating other funds established by state law must be moneys for the financing of specified capital deposited as otherwise required orauthorized improvements, _or."carrying . out a specific capi- - by state law. All moneys received by a`clty tal Improvement plan. from the federal government must be reported The question of the establlshment'of a cap[ - to' the office for, planning and programming. tal Improvements reserve fund, the time pe- c IC50,§395.26: C54, 58,§139528, 4042, 404.23; C62, rlod during whish a levy will be made for the _-- 66, 71,-73,91395.26,-4042, 40424; 64GA, ch 1088, fund,and the mlllage to be levied therefor Iso - 1841 - subject to approval by the voters, and may be ..-.. Rome Roo .A dawot eeleede. July 1, 1972 - submitted at any. city election upon. the -cquu, - -. 1:1 _...ie+j3.. "_:3fr�th��/•tt'- .Y.H�Ne�n4'2�4.+: c,�=�'°�'n'LFt•i;�iiawa+a•: �.. .. � __ ._. - rr, n•�.iM � �.- u ' Jv{+¢{ +•^f �1-... i asr.. ,,,et. -1 � .{lU�•S Y��!". §:M4::. CITIES --CITY FIYAYCE ion, eell's lar c!tY el shall be submitted at the nest the city may wish to spend for such p regular c!ty election upon receipt of a valid t , + Pet!aon as provided Sn section 382.4. as follows: pr'poses. If 3 cont!ruing capital Improvements levy 13 cents tn_c not to exceed ihireep and one-hyf. 7• es aolGhed by..electlon; l; stay be termina.ed ... for the support ofer aadmun cipalab eased -u5 - In the same manner, upon the council'; Mott 7ln1. or uponon to the following- Ion.Subject «1 P PztitBalances in a capital im• tc,t! provements reserve fund are not unencum- °• Upon reed t of a petition valld ander fire bered o: unappropriatedprovisions of section 362.4, the l,t iia funds the purpose council sh3,l Ousal of reducing -tax -levies.- Transfers may be - submit -to the voters at there--itre _!,:z made between the capital Improve mens re election the question of whether a +� y` serve fund, construction funds, and the levied, • -:_ tax sbal be eral fund, as provided In rules gen b. If a ma � l city promulgated Etnposed majority approves the lew, It -ms ,by ra•+ t by the ctfinance committee created In sec- tion 384.13. [64GA, ch IOSS,$SS; 65GA, ch 1231, c, The le t ` $1691 f can be eliminated by the same has 11,2 Procedure of petition and election. Jo'en Boa. HuL .ta+•ndmmt •R•edv Juir 41075 If. A tax authorized "' - by an election held pytx a"e ::1P.3 Emergency Land. A city may estab• to the effective date Of the cli 9. _l? llsh an emergency fund and may certify taxes continued until eliminated by LY eeccou ' or.pan not.to exceed twenty-seven cents per thousand by petition and election, _ ab;zct dollars of ;=viable value each year to. be levied 2• A tat not to exceed one dnl[ar and thirty, t 11 +cd` For tha fund,; Transfers may bemade from the five cents per thousand dollars of assess 1'° I c°' emergency fund to the general fund as pro. value for. development, operation and - ,and do vlded in rales promulgated by the city finance , p p Mahn- tenance of a memorial building or monument my°t� _ _committee -created in section 384.13:'.-[C24 37, subject tothe Procedureprovidedit sub 31, 31,' ; 39.3::.: C -lo^. 50,' 54, 53, 63, 66, 71, 73, tion I. :ar t -,hi;. ¢21.6; 65CA,ch 10S3,¢S9, ch 1^_31,¢1701 3. A tat not to exceed .•-,�r_`rThc Roa•Bcb aa.nda.neaa«tl.. July 1. andthree.. 1, 1975 '.. eighths cents. per. thousand. doLlars Of asses;, t+ -r. tic' 384.9 Additional Sands. A city may estab value' for support of a symphony orchest-a, : ral ince lash other funds and may certify tarts to be _ subject to the provisions of subsectipnl_ - crai-n t levied for the funds as provided by state law, 4. A tax not to exceed anent•. The etatua of each account or fund Masi be Iseven m=ts PIated a .per thousand dollars of assessed value fur tie included !n the annual report required !n sec• °pemt!on -of cultural and sclenti5,c fad L'-'ez tion 33222, [C54, 58, 62, 66, 71, 73,$40.1.1; 64GA; subject to the,provisions of subsection I, e:• [horn::ea ch loss,§90] cept that. the question may be submltted on - yicd no it... Bute Am dm.nt elrwri.r Julr 1, 1775 the COL1nCI1.3, Own motion. - tran,por _38-1.19 ` Shnrt-tet•m IN, 5. -A city may. nego- ty br:dgeC subject to the o lid in the n avt,lLion of a coun- ons of subs.c s,� P. -Vii anelate short loans, and tray Issue warranCs tion i; esceptahat the question must be sub ule prov!ded to chapter 74, in anticipation of mltted at'a special' election. The expense of f`' t' 't and not In excess o[ Its estimated revanues a special election under this subsection exon mist I:eri xi c for the currem Hscal year, except that natural be Opera.io: - - - disaster loans from the state or federal Paid by .the: county. The notice of .the P•_rcent'. errment may be negotiated In anticlpadon of : special election must include full details of the _ subsecr;c revenue; fora period of t[melonger than the Proposal, -Including `the `location of the pro, Incurred current fiscal year. fR60,$1120; C73, SCO; C07, posed bridge, the rale of tax to be levied; and subsectio $399; Cil; 27; 31, 35, 39,36^; C46, 50,¢40�.1i; all other conditions. 10:4 2 C54, : S,j;oa.la; C62, 66, 71, 73,$•{04.13; 62GA, ch 6' A tax to aid a company Incorporated tar of a Mur 1058,¢911 - , der tie laws of this state in the construct:ca tion ofr a referte,l n, I., wcn - of a highway or c°mbLnatl°n bridge across any `amount r r eme aYuee J Is t. 1, - navigable boundary river of this state. com• sa.:d doll. -- .,•Y2.11- Tax rerenues paid. On or before the able fomencinr u e33 hlghwaor y'jor ! r'txJtth ity hld,�csca� _ thrrevcr third "Onday of each month, tie coun* tress. - - and rail\va '~-silll3cient urer; all nay to each city the tax revenues to the vi Pons of s. Tei tion levy Is s The the tax r collected fo: each CIL fund u provisions of subsections 1 and 5. The - Principal Y P :o the Sat day levy is limited to one dollar and thin-n^,e - the trans o that mor.:h, a;i;1. the city shall credit the cents' per thousand -dollars of the assessed-_Sl..If r t' -ties to he proper fund and shall Issue -a Value of. taxable r° cr: in. the city.. The es � bp.Ll/no . ree=ht to a county treasurer. [R6o gill., t!mated cost of thebridgemust :be at least. aced a; a 11'o C7: •e+9i, 49s: C07.$903; S13.ss902; C°1, 27' ten thousand dollars, and the city aid may the Ins .'fi 31-' , 301,•.2 C26 0$:0423; CJi, 533 0{.13; not exceed one-half of the estimated cost. The . Insurarc: Ct ^, u0, 71 §-04.20 O,GA, ch IO3S,S93J notice of the sp«tial el°=tion [:lust Include the fl ,•r,, Iht(, \m ttnrn:.;tail,. Jn!r 1. 10:4 name of tha COrPorat!On-:O bb aided, j. -.d aff Y 2.1. :1dr11llnnal falces, CO ra;lona required of.the co: oration. lax FE. JI fa for the A city mast^^:L7, moneys received for tans purpose may not be ten per general fund levy, taxes which are rot paid over b Y each yea subject to We limit Provided In section 39x.1; by county treasurer until the clvlc`cen- and wh!ch are to add(tlon to any other Moneys city has filed a statement that the corporation -- _y has compiled with all conditions. - 13, A.c cents per for Pla.:nf `-111GI&XG i• z l vim s t . 1. (.. 1:15 CITIES --CITY FINANCE, 1581.12 J: is If. a tax has been voted for aid of a bridge 14. A tax not to exceed twenty-seven cents - 9 Funder aubsectlon 6, a further tax may be voted - per thousand dollars of assessed value each ` for the purpose of purchasing the bridge, sub•, year for an aviation authority as provided in v jec- to -the provisions of subsection 1. The section 330.1.15. levy under this subsection is limited to three 15. If a city has joined with the county to dollars and thirty-seven and one-half cents per form an authority fora joint county -city iM _ thowand dollars of the assessed value of the building, as provided In sections 346.26 and ] L r7xable property In the city, payable In not, 346.27, and has entered Into.a lease with the l its; than ted annual Installments. - _ authority, a'tax suffic!ent topaythe annual S l tax for the purpose_of carrying out the rent payable under. the lease. t1 i j terms of a contract for the use of a bridge by 16. A tax not to exceed six and three-fourths 6 FL @y ] a city situated on a river over which a bridge cents per thousand dollars of assessed value has been built. The tax may not exceed sixty each year for a levee Improvement fund In seven and one-half cents per thousand dollars special charter cities as "provided is sectionrs'' of assessed value each year. 420.155. 9. Ataxforaid to a public transportation - •17.A tax not. o exceed threedollars and: f ts sub company, 1, except the ect to the procedure n must be sub- dollathirrs ofethe assessed valun and one-half e o.aid raiailw ay jIE; -i, mitted at a special election. The levy is llm as provided in section 483.1. Ited to three and three-eighths cents per thou- ' 18. A tax riot to exceed twenty and one -halt- ' x �6 -sand dollars of assessed value.: In addition to cents per thousand'dollars of -assessed value any other conditions the following require• each year to maintain an institution received } kyr t ments must be met before moneys received -by gift or devise, as provided In section 565.8. { -- for: this purposemay be Dald over by the coon 19. A tax to pay the premium costs on ort tytreasurer: - - ]lability Insurance as - provided in section a. The public transportation company shall 613A.7 f1 prnvlrle the city with copies of state and fed. . -1. [C24, 27, 31, 35, 39,115835-•'58••19; CA 50, 54, ^• eral Income tax returns for the five years pre-, 58, 62, 66, 71' 73,§;375.1-373.5; 64GA, ch 1088, ceding the year for which payment Is contem- 183; 63GA, ch 1231,1171] plated or for such lesser period of time as the y 164GA, ch 1088,193; 65GA, ch 1231,11711 company has been in operation. - S. [C50, 54; 56, 62, 88, 71, 73 §43791.1-379A Is. The city shall, in any given year, be au- MA, ch 1086,§93; 65GA, ch 1231,§171] thc:ized to pay over suchsumsas will 4. [C82, -66,-71,:73,11379B1 379B.2, (4GA, ch r ;„ y`-.-3 {. yield not to exceed two percent of the public 1088,§93; 65GA, ch 1231,§171] " 7 33! h'A transportation company's investment as the = 6, 0. [R60,§710 C73,§796; C97.§758-764, M. 1 A3t dr �d same Is valued In its tax depredation sched- 895, 1303; C24; 27, 31,-35, 39J§5M2-W87, 6209, Lle, provided: that corporate profits and -losses - 6--1; C46, 50,§1381.948114, 4043, 404.15; C54, 58, for the five preceding years or for such lesser 63, 66, 71, 73,§4331.9-381.14 404.7; 64GA, ch 1088, 7 -- perWd'ofaime as the company has been In .493. 65GA. ch 1231,31711 �T operation shall not average In excess of a two, 7, [513,11766.5, 766-b; C24, 27, 31, 35; 39, -percen, net return. Taxes levied under this 4§,;890, 5891, 5894, C46, 50, 54, 58, 62.66,.71,-i•3; subsection may not be used to subsidize losses A,. I c incurred prior to the election required by this - 41381.17, 711 1.18, 382.1; 64GA, ch 1038,§93; 65G su s?Coon ch 1231,31§76 • • 8. [C97,§766; C29, 27, 31; 35, 39,15889; C-18, 50, � - 1 A tax for the operation and maintenance 54,-58, 62, 66, 71, 73,1351.16; 04GA, ch 1088,;93; •� oMmunicipal transit system, and. for the crea- 85GA, ch 1231,§1711 tion of a reserve fund for the system, in an 9. [C58, 62, 66, 71, 73,4§386A-1, 388AA, 336.1.9; 1 C+ amount not to exceed fifty-four cents per thou 386A.12; 64GA, ch.1088,193; 65GA, ch 1231,4171] r sand dollars of assessed value each year, when 10. [C58,.62, 66. 71, 73,13868.12; 64GA, ch 1088, , 1 the revenues from the transit system are In- 193; 65GA, ch 1231,1171] r n'• sufftlert for such purposes, but proceeds of 11. [C71, 73,1378A-6; 64GA, cb 1088,193; 65GA, th tax may not be used to pay interest and - ch 1231,1171] p ncipal on bonds Issued for the purposes of -. 1_.[C71, • 73,1378A10; 64GA, -ch 1088,193; the transit system. 65GA, ch 123111711 1. If -a city has entered Into a lease of a 13. [C71, 73,140427; 64GA, ch 1085,193; 65GA, hu ,df,:; or complex of buildings to be oper- •. - ch 1231,11711 1r�� e1 as a civic center, a tax sufHc!ent to pay 14. [64GA, ch 1088,193; 65GA, ch 1231,1171] J th Sn.tallments of rent and for maintenance, is. [CGG, 71, 73,1366.67; 64GA, ch 1088,493; Iriurarce and taxes not Included In the lease ' 65GA, ch 1231,4171] r r.Ul-payments:_ I6, 17. 164GA, ch 1068,_133; 65GA, ch - 1231, 1'' - _ ta_c not to exceed thirteen and one-half 41711 - -- �� �; cent, per thousand dollars of assessed value 18. [S13,4740; C24, 27, 31, 35, 39,110197, C?, each year for operating and maintaining a 50, 54, 58, 62, 66, 71, 73,45658; 64GA, eh 1688, civic center owned by a city. 193; 65GA;ch.1231,11711 -. i I �f��^� `.`�'• 13. A tax not to exceed sic and three-fourths 19. 1640A, ch 1088,1931 a Ref.rrnt ,n 1. I177d1, 77L1 - . •. '.ia _ cru„ - per thousand dollars of assessed value .y. 1777121 for planning a sanitary disposal project um. Rine Ale.ndualmis .ett.. July 1. 1273 l ; r�•• r .:_ 3—CITY. FINANCD _ 30221 037.23, .398 lo; CO2382 -a•�' - 355.0 ssas.3,- )0.4, 38043§9811?,304.5,.399.9 -bond or --- N•> pledge order Is a proceeding !¢ _•••� . J0i'l. 3)• =f, 301.28; C6614368.24, 35119, 382.5, or In equity by cult action or mane .y ...33'"3.. '35.0', 336B.9, 300.9,__230.5; 392 11 391.3-enforceandcompei performanceo( U! - -,1- 9;.9, 397.4, 397.27, 394 required by this division and of th a tutEn J - 5§3S3.24, -8 398.10. C71,- 73, ;.the resolution authorizinnceg ' 373A.7.379A.9, 331.19,.-332.5 395.3, 0-ce.^r1:Jor' revenue bond; Or pledge or to et- 380.6, 3a6B.9, 390.4, 300.5 392.11 393.14 3944 or to = 51651 337.1, 307X '97.28, '399.14 e4CA, ch I089, the appointment of a receiver to take 391.9 -.Ston of. and operate the. city utility, com.-�•r3 - �` m in lams - - utility `system, city ente Homs Rule Am.adment .ffftdr. lely 1.1973 'city enterprise,` and - rise, or -comb_ perform -.the d-;tSq--. - •:,,� --33-t•35. Boo;o-and records, --qulredbyahisdivi;lon and the me-;itscf.•;r 1 Thegovernin bod of each city ut1U resolution''authorizing the_: issuance of -^'- ,J 1' g Y ty, revenue -bonds or pledge orders,. S "combined utility system, city enterprise,- or '71,',73,§336B10; 64GA,ch 1083,§169] 6, fg combined city enterprise being operated on is a revenue producing baste shall maintain a if... d m t° t°°os; - llome RuL Ammdmm: e,rerd,e July 1. 1973 r b Proper system of books, records, and accounts. 381.89 Transfer -otap Ina. 2. The gross revenues of each city utility, body of a city utility, combined uutt1Lt,$,r.._ 9 ( combined. utility system, city enterprise, or - city., enterprise,; or: combined :: city eaten::, combined city enterprise mush, be deposited which e= odhand surplus funds, alter m0k c with the treasurer of the governing body•and all. deposits_ into' all funds required by _e kept by the treasurer in a separate accountterms, covenant; conditions, and pro:lrtc R apart from the other funds of the.clty and of outstanding revenue bond;, Pledge orCr •;6 _- from each other. The treasurershallapply obligations , 1 and other obll tions which are payah.e f ra the gross revenues of each city utility, com- the revenues- of the City utility. eomb:Lea• blued utility system, city enterprise, or com-: utility system, --City -enterprlse, or. cC=!i:cl biped clay enterprise only as ordered by the city enterprise and after com 1 1n ?' governing body and 1n strict compliance with of the requirements, terms, covin Wi such Orders, Including the provisions, terms, d!tions and provisions of the proceedlna 3:4 conditions, and covenants of any and all raso- resolutions, Pursuant to which revenue bcw, l s luclons of the to .governing body Pursuant to . Pledge_, orders,- and other- obligation 'which revenue:bonds.-or-pledge orders are - issued, may transfer Sun surplus:lu-:d3 to - Issued and outstanding. -If. the council Is the - any, other fund - of 'the city .In.._acear+_iq•_ - ^t •,1 t _ governing body, as may designate another with any.•rules.-promulgated 'b the -d. �•, . ` officer to - y •y _-reasurer. [C97,1748; . S13 nance committee _crested In section 35113 „ ' }it 53741-w2, 74S; C24, 27, 31, 35, 39,115002, 6158,• the transfer Is also approved by the clr: cccr ;t 646, , c 59, 53, G_, 66, 71, '3,31384.3(12), 398.9; Cil, Provided that no transfer 6+ay be r"' ff 3r, ,ts 64CA, ch `1i.j3)166] It conflicts with any of the requirements,• 1 ='' Re1.rrR le in .ajm covenants, conditions or • �'j' Home Rut. Amenimeot eatntlye July 1, 1973 ProvislonsOf Jay res._ " da" • - - oludon authorizing the Issuance of rev%== - ` 38458 Pledge valid and effective to otbem. bonds,pledge. orders, or other-obllg2tit�• - The pledge of any net revenues of a city which are payable from the revenues of tbs utlllty, combined utility system, city enter. City' utility, -, combined' utility system,- dr4. prise, or combined city enterprise is valid and enterprise, or combined city enterprise wb�3 or. el as to allpersons -and other. govern• are then outstanding.::,(C27,: 31, 35,;56:Si-b2-- • mental bodies when It becomes valid and 6151•b3, 6151cl; G39 316IS1.t-813L4: Cis 50, :.L p o effective_ between the city and. the holders -of- 58, 62,66, 71,-73,55397.;3,197.41; 64GA, cb IIS:,-- the revenue bonds or led §1701 - `c • ch 1088.§1871 pledge orders. (64GA, m ' R.f.r:ed to In 1390.5 ' - Referred to In 1390.3.. nom. Rule Amendment etf.etlee Jo!y 1. 19T3 ,^ • • home Yale .1m.n•!ment effect•, July 1. 1076 Part - 354.94 ' O P yment from general rerrzm& 384.37 Payable from revennes. Revenue Thisdivisiondoes not prohibit or prn'e= a z t.. -bonds and orders are na able both as : city from: using funds derived from L:e lf�s- pledge y -- ance of general obligation bonds,- the I— C.::. to principal and Interest solely out of the - - portion of the ae: revenues of the c!t - unlit special assessments anri tae isuance of combined u I'it Y Y, assessment bonds, and any other source sea Y system, city enterprise, or may be properly used for such purpose, to pJv ' ro, combined Cil y co ,, -n pledged to their pay- apart o[ the cost of a project [64GA, c3 ](2a cq, me-nt and ire rot a debt of or charge -against the city witaLn the meaning of any cons!Itu- - 9171) aonai or ; a lto:y debt IimiG non 1rov1 rmr. t„1."j v �2 -/ 1, "" provision. Hem• ?,I - G15. Am.r.4•cent .rrf.,. lair f. 1T.+ rC' r..,j3S6B.1o: G9GA, ca 1=, _. 3.2191 Payment to use servlcea. •The d,7^ Zo i •• « ^ ° inns shall pay for the use of or the services Pro- rrf.e Jn1, !. urs vlded by the. city utlltt- combired.,u•`7- no- 3itAV Sole renrdy. The sOT remedy for system, .'City- ent'erprl'te, or combined clt�•fiest-r a breach n: dqa. lerprteuas any Other 'nus?omen„except oarevenue the cit __ __ -! may pay for use-orservice ata ��. lit•. �.'Y � sJ.. t�f.-�i-� 403.] 11C`RCIPA3, ASSI�TA�t.b }.lr\D, § - CIxCE<5 tf ty4a Project Is '. The provisions as taxes to the oli31n °vhlChIn the I the tsolduPr 3 u its respective county private own - shall !' 40:1.1 =,I CUsptrr controlling- _ .located except as to the use of dwelling ut this dray"'' -r shall be controllicontalnedtIn Ina fisting ;fracture; leased from V T. andin6 nny=icing to the contraryordinance- ers. [Cq1, 73 1403A.291 \ny�nctlon1 f a municipality orf this state. Or othe go erning 403AM3 shall not undertake any in%Ing aut the a gopurposes ming pnbtic hearIng required. The low - rent housing agency t, body thereof In carry gresolution, ordinance low co -t housing protect until such time as a t which 1.1111(t titi3,ct•aptet• Vchether_by ubllca- has been caU ublic of the name or otha wue: shall be`deemed administrative ,r and no public notice or p public hearing advise the P In charact the agency ro bet, its location, the num* tion need be made with respect to such action of the proposed p 1 their taken. 1062. 0'• 71, .3 h. 64GA ch ber of 1lvin6 units ProPoseu licdhearing ponthe - 1 mate cost_ ro iict shall be DuWished;at least t "k 5 103A=1 and 403?=8 Revealed by proposed ,P 1tI circulation 1002;12-• - - newspaper of genera t at least fifteen days - 403A= Percentage of rent ns taxes. Any -once in he mun clP roved unless , a - prior to the date set for the bearing. ,1C73 ' .provision oCchapter,l03A nott�lthstandtng• no within the munlcip y. t ro ect shall be e aPPr of all rents and .' §403A261 u hotuI P 1 aid annually ! {' f condition at least ten P 3 supplemental rental aid shall be P -_ CHAPTER 404 � - i NUE 't MUNICIPAL REVS r An+•l<d Or 9JGA. <h 198&{199, .ReetN• Jul, 1. 1975 . Z_ s.. ch 991 _ t t sw not. uud.r Till- xv, R 1169 i CHAPTER 405, ' DtUNICIPAL ASSISTANCE FUN"' r 409.1 Fund created—distribution -- - - of [ands under this section shall be based Upon _ 1 1 communitYCwhich has dis• AU5.1 1••ond created—ellstitce fu' There Is such certification until the next federal census enumeration" Any r' t created a '•municipal assistance fund" In the solved It, corporation shall not recelSeCtion ' office of the treasurer Of state• ach fiscal year, apportionment of funds.. under this., On or before December shall edi3 riibute the 10 0after its dissolution. s :� the state to 3.1n any -case where an ince therlastdregu moneys in the municipal tie proportion that territory the may each city In the :tate In tiseto the total PGPu' _ has annexed [ederal census. the pup elation of each city the _ lar or specialtothetreasurer ofrsta e I itte In anycouncilahall illatio the actual population0Rthe annexed territory .:. ..lationcomp of all citlesi n the state. However, .t he lastcertffiedrtlederal onment of comptroller shall m amort Inuexc bei of one as determined by and the aPpo year to anv city property sus of the territory than city for that year. Any as modified by the half,thz amount to be collected from P p o nder n s Sect n . u the tax levis by the p P population of, the annexed 4 , remaining to the municipal assistance funds under ton s Sect shall bebased money' certification o[ the _ year, territory until the next regular or special fed • fund shall remain in the fund and be available oral census enumeration for distrl'lution the following 3''hall be deter - 1, Tile ;population of each city ' ease where ttvo or more inert;on- E ml- SIS have one special - - }. In any the latest available federai_census. _1n loco posted city _ city have consolidated. _t e a tutec:�t i n;us taken each decade, and the ratan the population of .the Incorporated amounts under this se the°year resulting from the consolthaelpopulatlunand aof all - § rederal t, nfioure ohiatned shalvine used In meat of funds under this section shall be llbe E poplllt ng apportiO :ear folio g tom Involved „trn[nR t!le.calendar.: lncormjneej cities`Involved In the consolida• fn 1 h: `the It I crnsu+ 13 certified to the determine,l by the last regular or spe- in - o;0n of state. tion as determined by ch t e- 1:32, 2. tri aay case where., an incorpnr. city tial federal censusC733{ enumeration •t� 09G.xfor the. con - anti council solidadng city. I Ila:; bepn incorporated since the In(I councll.il ch 1096,33}5, 611 eblr• _ ird.:r'tl .census. [he • M-,,-(jr •gals. tit+ to the treasurer o[ state the actual A.t.rr.a a in I{ ly;; . -. shall certitY. - apportionment Alu•^d'r•"' .e.<tb• Jab t• _ po?ula`ion-of- h ,t Baits app as of the date u, incorporation Ii t :t t .i-.. = ---`- LIgUOR CONTROL, 9123,5.7 - oW '., I' 03 hours of noon and tea i purcbasrs was over legal age, such licensee c1nB al o C4© 250,54,158162, 88, 7196i12348s124371C73, permittee shall not be N tY `123.501 eragee or beer to any # tWe liquor or beer to minors. M•>r.e a to 111U.ss, trs.ut t with a bona fide credit `�� 4. No privilege of selling alcoholic liquor hall not apply to salet ' pt beer an Sunday -Su provided 1n aectiofU 129b1 AdvertlsemonU for alcoholic liquor bers nor to sales by , 1 30, subsection 0, and 123.134,' subsection Or anI 6, °i1. Except as permitted by federal statute fide registered'gues s. shall be granted to a club or other omissi n which places reetrlctions`on admission and regulations, there shall be no Public ad remises= coveted--hY a don verUsement or advertising of alcoholic liquors any alcoholic'llquor 1a or membership in the club or organization on in any manner or form within he state• e original package pur the basis of sex, race, reIIglon, or paan�a 2. No person shall publish; exhibit, or However, the privilege may be gr ment, except still kine. permit to be displayed any other' ad ;serving containers fo:s�on membership on the basis of sex,llt play or d except mixed drink. vertlsement or form io advertisement,,or an the premises for 1m the club or organization has an atvdllerY or nouncement _publication, or price list h e, ' en toPersonsof the other sM concerning any alcoholic liquors, or ,where This prohibition -shed Izatfon op ` 039, or from whom the same may be purchased or _ carrns iers. holding a cla-s - jCi5,441921.19 1.115,919211116; 0981 0, - 54;-- 58, ; obtained, :unless permitted so to do by the I9=6010,:regulations adopt ed: by _ the.. department; and ng alcoholic liquor an, tL' - 66, -71.45123.46. 12120. 124.21; 073,4123.49: then only in strict accordance 'with such regu• ch 153,410, ch 163,453, 51 how - le used originally : �'A• w 11123.118, 121.50. t:a.ut IaUona. This subsection shall not apply, quos or adulterate t ty "�-��ba 4 •gicd.. July t, 197+ - ever. bstance, thecontenu u- iFS�s'a"` - - a. To the department an original package o. •'.' 1l i9 Penalties. _ encs or telegrams or owingly possess am x": 1 �y person who violates any of the pro- b. To he correspond has been so reused or ,•, servants, and employees. ' d1. A person who vi lutes .an subject too its communications of the department, or c. To the receipt or transmission °f a tele -- ordinary legal age shall not tx t One of not to exceed one hundred dollars or its agents, ga A. to imprisonment for not more than thirty days gram or tel copy in or serving of alcoholic} In the county Jail. course of the business of. agents, servants, or ption on the premien 2. The conviction of any liquor control ll- employees of any telegraph company. person shall be at lea _ the business of sellirc ceMee or beer permittee" for a violation 3. No signs or other matter advertising any ' constitutes more thorn any of he Provisions of -section ion 3 of is section, shall, remises r pia ed up a oss business.lrnn=actr.t y grounto ds forbthetausp nsion orlrevocatiorhenoutside eof anybp erected or placed upon for -the of ccry y 'r- a the license or permit by the departmUno= at rettail or Permittee authorized to sell beer c beverages or`beer as 1 or the local authority. However, It angllq This paragraph shall a fine not exceeding control licensee Is convicted of any violation 4. Violation of this section shall be a misde- " beer permit holder.. ; .1.t.subsection 2, paragraphs "a•', "d'• or on". meanof punishable by other hon -the licenser. °;_ of such section, or: any. beer. permittee is con- -- one hundred dollars or imthIr prisonment in C35 es of such licensee o: 'f 1+ vleted of a violation of paragraph "a", the --county Sail not exceeding , 50, 54, 58 62 66, aquor control license beer permit shall be 91921•f47; 039,51921.047; 046• �' keep on the licensed �� 414123.47; 073,512351] ' liquor in any bottle or >t reroked and shall immediately be surrendered h • Is designed ..for the _ ���; �_he holder, andthebond of the license or 61[nc r.mo••d b7 Jab t, 1974 everages, except as per, ; _ ��it holder shall be forfeited to the depart, 12352 prohibited sale. No person not ex- 5r:Th1s paragraph shalli-ment presslY authorized by this chapter to deal In g gvarters of a class "B' 4 r s 3. If any - licensee, beer permittee, or em. alcoholic liquors shall .within the stng ate keep or beer- permittee, or -'s-: to ee of such licensee or -permittee shall be ' .for -.sale or offer for sale anyfor a pa iding a class '•D" lfqunzhich is �,r comlcted of a violation of section 123.49, nub, capable of being mistaken for a package con - section 2, paragraph "h", of a retail beer per• twining alcoholic liquor'and is either kind ' dleoff p oleo or : branded with the name of any rwise supply any �tA fnittee shall be convicted of a violation of alcoholic liquor, whether the same contains to any person knowing - S,. Of Suc 1921-f48; C39, ;' or local authority shall,anythe any alcoholic liquor or not 1035,5 71 5123.48; ; cause to believe him w .0 , y1921 MB; .0'16• SQ 62, f18, ermlt any Person knoly *1-. other penalties fixed for such violations by 54, 58, IS cause to believe hims tills section, assess a penalty as follows: C73,1123.521 also to consume any d. Upon a first conviction, the violator's 1.:: liquor control license or beer Permit shall be 127.53 Liquor control fund - retail beer permittee, <L' suspended for a period of fourteen days. 1. There shall be established aifun the be lxing or adding of alcr b. UPona second conviction within a Period flee of the treasurer of , state a fund : to be everageto beer or any - - moneys appro•', about his piece o[ bud of two years, the violator's liquor control B- known as the beer and liquor control fund. cense or beer permit shall be fora The dnby the general assembly for, deposit' Period of thirty days. in the fund -and moneys -received'from the egal age shall misrepn of - c. Upon a third conviction within a period sale of alcoholic liquors, from the Ism annr the purpose of purcha` of five years, the Is liquor control R• permits and licenses, and departmenof t any, purchase any alcoholic cense or beer permit shall be ntapended for •ip� received by any licensee or DeII 1 period of sixty days. other source..o71ca11Y der legal age shall m'_� d Upon a fourth conviction within a period 2, The a'abc �dl'r zh�sirl �.� ge. and the licensee or • : , of Ove .years, the vlolator s liquor control transfer from Ute beer =d 24 e at he made reasonable ,.°�' •license or beer permit shall be revoked. IC35 - = hether such prospective ` s IS -g123 3, LIQUOR.CONT1tOI, to the general fund of the state those revenues 6:: In any case where. tWo or mo c ,• r have consolidated,the .of the department. which are not necessary of liquor for resale by the --.: shallbetG under this .- for the purchase for remittances to local authorl• population of the city resultutg fr. department, or - sources as required by this chap- :, consolidation and .shall be de.crm L. ties or other for other obligations and expense ofi thepapulas on cll�cb ter, or the department .which are paid from determined. federal or special mining in ial fedr:cl . _. fund... The treasurer of state shall semlznnvally - . enumeration for said consolWaune r 3, a sum of money equal to ten per- 7. The treasurer of state hail distribute sales made by the state- military service cent ..of, .the _.gross liquor stores to the cittes.ot the state. Such mone�dequalrit,'1c, 426A,;2_ Y m de h,= j shall be distributed to the cities of the of the gross amount of sales - amount in to the population that each liquor stores in the cities of the roc t A::. ,i state proportion incorporated city bears to -the total population amount thus credited shall be all,-.! districts of,th • of all incorporated cities of the state as corn- the various taxing c a. for losses- of revenueeut ' puled by the latest federal census. A city may -. each reimbursement. exemption or remission _ of pro tors xa s have one special federal • census taken the figure thus obtained which would-be imposed upon pro;:e ti -� decade, and population amounts under: which :'soldiers' --exemptions or so1B . ax k -shall be used in apportioning beginning the calendar year credits; are provided under such t a this subsection in which the special census : 'the general assembly may protide: j( - following the year Such f50- C39,§1931.050• C49, 50, 54, 58. C rr. is certified by the secretary of sate. be semiannually as - 4123.50;: C13,1123M; 65GA,- eb - loS7 ;.'_: -+ apportionment: shall .made of July 1 and January 1 of each year. %V2rrent_s A�r'. .a[to ilia-e .` 4.t�'.t`?}s•1 for the 'same shall be. Issued by the state s.. 12� 1. comptroller upon certification of the treasurer' to the city clerk of each - 123.S4 Dralving aptimp.latiou. De ' Ij Of state and mailed incorporated-city_of the state and shall be =appropriations shall be paid by the :"XV made payable to such incorporated city and of state- upon the orders of the W s be subject to expendlture under the such amounts and at such times shall direction of the city council or other govern- for deems necessary to earn on :-Ing bodies of such incorporated city for any = in accordance with -Lie terms 0' tb; j lawful municipal purpose. It shall be a law, lC3g•s1921•f52; C99,¢1931.Oa3 C G o. a G �+ '.ful'municlpal purpose for cities to allocate a 66,.;1,41:,1.,2;.0;3,1123541 of the above funds for the purpose of The oa• portion financing the _activltiessof a city commission commission.. i33.55 Annual report. cause to be prepared an annual rei • • •=-� -- { •:� I - ch or committee on alcoholism, su be appointed by the mayor or governor of the state, ending w1Ut - or committee to or both. The commission. or each year, showing fully the. r_e.v' = p" :• by .the. council committee may use any [unds so allocated - operations of the department covc since the last previous rel•o for the treatment, rehabilitation, and education . period-. 1 of alcoholics in Iowa. - a city has been incorr... report shall show: 1..Amount of profit or loss fmm r- _ -•4. In any. case where since the last federal census, the store operations. i porated and council shall certify to the treas- 2. Number of. state liquor stotr> { mayor "of sate -the actual:' population of such "the nw-nber: closed, arid the number. carer city as of date of Incorporation on last day included in report. Incorporated t - and-its: apportionmentof. funds under this .-3. Amount of fees received fro1r.— ` section shall be based upon such certification separately and in gross. - until -the next tederaL census enumeration ;.` The current balance of the_ f4 > Any community which has dissolved its car-- liquor control fund, and the a ^11 r�� shall not receive any apportionment {erred from such fund to the ez rr r a funds under this section for any period _I potation during the period covered by theTim of after said corporation has been dissolved. .,.,.�- n 5. All other funds on hand . -'i 5. In any case where -a city has annexed the last avaUable federal from which derived. - and p,rti-... r ' - - any territory since or special federal census' the mayor., 6. The total quantity o• alcoholic liquor sold. :! census council shall certify to the treasurer of r•f �•�, i. The increase or decrease !: it and sate the actual' population of such annexed from the previous reporting le ,o:;• tj territory as determined :by the last certified S. The number of 1!a ber of liquor centJ federal census of said territory and the appor•' this section shall be beer permits Issued, by dos ire 1 tionme it of funds under of said city as` a feet on the list day include fit based upon the population by the certineatlon of the population end the nv.—•ti^ �. ch rfod [r (-e_- modirted territory until the next fed- or revoked during the pc 1 of the annexed federal census enumeration.. the report x 1 oral or cpeclzl , §3211, ROAD USE TAR Ffr.SD 312.8 Limitation on use of funds. 31212 Program submitted. 312.7 Balance maintained in fund. 312.13 Repealed by 65GA, eh 205,12. 3125 Amann colonles. 31314 Cities to submit report ; 312.9 ' Applicability of chapter. 312.15 When funds not allocated. `-ma—map on 81e. -312.16 Definition. 312.10 City street syste 312.11 Accounts of expenditures percentage •. '" •� > required on arterial streets.. •.�.`-moi z s highway- created.grades:.+.; a 312.1 Fund There Is hereby cre- tax fund. -Funds In the ated In the state treasury, a road use tax fund. Ing safety fund shall not revertto the m+S Said road use tax fund shall embrace and In-. + us five hundred. a tax fund thousandollart to the s a 2 a ' dude: any biennium. s_ 1. All the net proceeds of the registration r ,.n tt %•; ' of. motor vehicles under chapter 321.• . e. The treasurer of elate shall before mikt t r the above allotments credit' annu. to t•+t + 2, All the net proceeds•of the motoavehide primary road fund the Hum of two m1111oa_'� - :._. fueltaxor license fees under chapter 324, undred thousand dollars or air amotmt!lr1 =r except those net proceeds allocated to the to one—ninth—of the federal all V. t y primary road fund under section 324.79. ever Is the smaller, said sum:to be axed '^ `.3: Ali -revenue derived from the. use tax, -snatching the federal allotment: to,the'=to of } -. z. under, chapter 423 on motor vehicles,trailers, .rows for the use of the interstate and n2ur11 = • , and motor vehicle accessories and equipment, defense highways In the state of Iowa "f Ra.as same may be collected as Drovided by sec• . _7 The: treasurer of state shall before s� i. tion 423.7. • tag-the`allotments -provided-for in this ee ti 4. Any other funds which may by law be tloncredit monthly to the divlslon.cf t1� r; [ vehicle registration of tre department g- credited to the road use tax fund.. C50.4308A1, Cs4, 58, 82, 66. 71. 73,$312.1: 65GA, ch 2its safety funds sufficient h1 amount to -1227 a- --:,. 02,41) R.r.rr.d to )v lass - the costs of purchasing supplies -and mater and for the cost of prison labor used is matstr y Rep.l or axles tut to toad nw tar rood e8eetlse lull 1, 3 t _ 292s, 63GA. en 2.12.13 facturing motor vch(cic registragon>Pa� 2: 1, sea 1130.14% a21.u9, 423.71 :decalcomania emblerns,.and validation aT.eLfra `- yii'` 313'. Allocatfoaa_trom fund. The treasurer at the prison Industries. [C50.43308�12 C54, 53, 62. 66,§§312.2,42262 :C71t732iu'-= :e of the state shall, on the yrs[ funds which 442,69(2); 65GA, ch 203,11, ch 2043L cit month, credit all road use tax funds . have come Into his hands, to the primary road 1321 3- fund, the secondary road fund of the counties, Amendment eRsethe July 1, IYS -+ Tis the farm -to -market road fund, and the street rv: ��onel transferv'r �nr.ek°on.. .. Vs. I! -A t u ✓ _on construction fund of cities In the following al 111a,1tol y iM. manner and amounts: an 11209.3 309.)D, 010.0, 210.20., 117.:0 t r ( Ioll s.. 312.3 atract fvna s.T 1. To the primary road fund, forty-seven per • at2 3 Apportionment to covntleo and tills- 'y- con cent OC"abll 2. To the secondary road fuad.ot Lhe coon- The treasurer of state shall, on the'Arstd2yi, ' ties, twenty-nine percent each month:9 the counties In < `_._ _ :ar " 3. To the farm -to -market road fund, mac 1. on that the pneeds ortion of the secondary roads of t2c'1 ch. a 7 percentof 4. To the street construction Lund of the loads of the state ounty bear to efor the tWentyYear tt�Pti vT L :, • titles, llfteen percent ment,Drogram developed by the auto^tK To r]' S. The treasurer of state shall before making safety foundation and filed with the Iowa hid the above allotments credit annually to;t.he way study committee. -created by dlaDt�'�'' -'a highway grade crossing safety fund the sum of Acts of the Fifty-eighth General Assembly. 21.' _ '!c two hundred forty thousand dollars, credit which !s on record at the department,. SL annually to the primary road fund the sum of percent of the allocation from road use t 1 - ona million four hundred thousand dollars for funds which he has credited to the setoad?'? ss road `fund of the counties, and• apxu� carrying out graph of se 12 3 section 307A.2, the last para gra ph.of-section 313A and seGton among the counties. In the ratio tb.2" -e "'� ?- «'_- - 307AS, and credit. annually to the primary road of such county: bags to the fatal 4rea of `+ fund the sum of 9ve hundred thousand dot• state, forty percent of the allocation L -ac wf lar to be used for paying expenseslncurred use tax funds which he has credlted.tn ful by the secondary and urban road departments secondary road fund of the counties.. - . tie y' of the commission• other than expenses !n- _lg e2M cured for extensions of primary roads t n _,-fn2•t1Ateporto on nmol theeP0.oulagon of�� 'fd cides. All unobiigated funds provided by the latest avallable fedo2'21 al - subsection, except those funds credited to the -city, as shown_ by all highway grade crossing.safety fund, shall at census bears to file total Dopa htloe'ol of- highway the end of each year revert to the,road use such cities- in the state, the 11Lteea.p s f • `A.,i.29 [r�.R ROAD USE TALC FOND, @31L7 e road use tax funds which he has credited 4. The amount of federalaid secondary road - :%, street fund of the cltles, and shall remit funds which he has received from the federal :he city clerk o[ each such city the amount government and credited to the farm -to -market `,r,.ortloned to such city. A city may have road fund. [C24J.1693; C27, 31, 35,14755-b7; C39,.' - speclal federal census taken each decade, 114086.07, `4755.07; ,§48,11310.7, 313.7; C50, .1 the population figure thus obtained shall - 1308A.9; C54; 58, BZ, 88, 71,-73,1312.4; 65GA; ch used In apportioning amounts under this 1087,132, ch 1096,14, ch 1180,1841 :rction beginning the calendar year follow- wmende,�t etrectln July 3, 1975 -the-year.-In-:which--the special census Is -312.5 cdded by the secretary of state. Division offarm•to-marketroad funds- - F: i to m plze ` The road use tax funds credited to the farm - i In any case where a city has been 1n- to -market road fund by the treasurer of state are hereby divided as follows, and are to be e rated since the latest available federal known respectively as: :>us the mayor and council shall certify to `treasurer the ° actuals of 1. Need allotment farm -to -market road funds, .: state population ,. :•h incorporated city as of the date of 1n- ,-. sixty percent; and � - -- -•. - _ :;•Oration and Its apportionment of funds 2• Area allotment farm -to -market road funds; -ler this section -shall ;be:based :upon such forty percent. _.. guication until the next federal census , All farm -to -market road funds, except funds mcratlon. Any community which has dls- which under section 31010 come ' from any r yl itscorporationshall not receive any ap- - county's allotment of. theroad use tax funds, ionment of 'funds under this certificate shall be, allotted among the counties by the any period after said corporation has been department. =Area --allotment -.farm-to-market L9olved. road funds and federal aid secondary road' I. In any case where a city has annexed any funds received by the state, shall be allotted territory since the last available federal cen- among all the counties of the state in the ratio IF " 6r special federal census, the mayor and - that the area of each county bears to the total o.nclt shall, certify the treasurer of state area of the whole state. _eactual population of such annexed terrl- Need allotment farm -to -market road funds - n•_ a3 - determined by.. the last certified fed- shall be : allotted . among - the. counties In - the _ - rel -census - of said : territory and the appor- - - ratio that . the needs. of:_ the farm -to -market .-ament of funds under this section shall be roads In each county bear to the total needs L -ed upon the population of said city as mod[- _ of the farm -to -market roads In the state for - ! by the certification of the population of the twenty-year program developed by the t•.r annexed'terrltory.:until next federal automotive safety:- foundationand= filed with -. .the c- -, ectal federal census enumeration. the Iowa highway study committee created by In any case where two or more cities - chapter 4, Acts of the Fifty-eighth General -ls-on"record5; con<olidated,. the apportionment of funds- Assembly, and 39,146which the department. - 46, ,§98,13105; 50, '-' •r this section `shall be -based ::upon_ the 71, ch 1308AS; C54, 58, 62, 88, 71, 73,13125; 65GA ch , 82. ? -rulatlon of the city resulting from said con. , 1180,181] e--jallon and shall be determined by combin- thoPopulation of all cities involved In the Referred 7=.c Amendment efectivoJuly 1, 1976 - r• iolidatlon 8s determined by .the last avail- e :a federal or -special federal census enumera- 312.6 -Limitation on tase of funds Funds re-- i for said `consolidating city: [C50,1308A.3; ceived by municipal' corporations - from the ',S.:62. 60 71,:73,1312.3; 65GA, ch 1087,132, - road use tax fund shall beused for any pur- r. llso,is.i] pose relating to the construction; maintenance, ' '''•,e• -I m i+ 11u.a and supervision of the public streets. [C39, - e Ment seen'. July 1, 1976. ' 114680.21, 4888M5; 046,11310.21, 31015; -' C50,. 1308A.6; C54,' 58; 62, 66, 71, 73,1312.8; 64GA, ch 1089,1255) 71=4' Treasurer's report to the department }tome Rule Amendment esectl'e July 1, 1975 -. 4 tr,n•portation. ' The treasurer of state shall, •.acs StL7 Balance -maintained In fond. The n-mnth, certify. to the departibent: - - -- treasurer state estate maintain road -. :- The amount which' he has received and fund In of the use tax fund [n the state treaetlry; of the funds treasury, •i@t,] to the road use tax fund from each collected as provided in chapter 321 or as said -. ::ce'of revenue creditable to the said road - - chapter may be amended, a cash balance suffi- �.tax fund. - cient, when added to the cash balance of -re - e!The-amount !The -amountof the load use -tax fund '•`-'ch ceipts In .the road use tax fund from other he has credited to (a) the primary road sources, to pay the anticipated expenditures f':'d- (b) the secondary road fund of the conn- from the road use tax fund for the ensuing- = +. (r) the farm -to -market road fund, and month.- the street fund of the cities. Whennecessaryto restore the balance In 3. The amount of the'lederal aid the road use tax fund In the state treasury, he _- .primary 17'1 urban funds which he has received from .^':`federal shall draw upon the treasurer of each county government and "credited to the of the state In proportion to the amounts In ;*Unary road fund.' their possession, respectively, of the funds col- 1tUL:5 MD REGUWilot4S etas. (1) pod - Pee tart yroa� policy b7 coaaol:d9tla4' a dniArminat:an OI theorm� (unetluN r b31 ro- same& Posers and .ed with mis- number O cc= and overLApD n' 7co- eoatDa:able In there �� sad fill) (g) •tcdei Cides under TtileI iltaaa u• UW-rce to a]1U2+. <ll)_u e)Caet7 - gca s d •"tsar -o, yes a -A need+ Into -a pTtP.'tlru within Its bound ilea no Incor- 7non+tta:lnn Cities and O�OD u11rt at 'r&:7 Wd wb1cL: hue& ns doll by the _ J;" veloirnent Aet of 1¢98: facRlLd under consistent sYsf•� of Federal an. annual poma ed P - _- (3) )va:ee and sewn and (1) Pro•rtdes sarUtanee on.. v loDtn!nt Prn- sec!an :91,oi the IIotuSr:R bagU wltlmax.mumeertalntyandminl- aw�MuLommunitlCDe'fornulacedby secPann'92 ,Ct of laic:de mum delay. uvon whlch eommi"I'Ll Can .gram" means the Prt)Rrb+t .,' to 1[JI3 . t4): g!ighborl%00 facilities Urban De rely In their P1annlnT: develop- Lha npDltCant h) 11a oDOU vlych ( I) In- and 703 of the Houslnit de„crlbed to SubPart o , rt %ten to - vzlou;-entAet 0, 1085: under Title _-(7):.zacouraTla-conununS�YU�ntw1� ..� _ meattta community de•eloDrne'c meds _ t5t Pcbl:c tadytles loatm 1[ -of thn Hotlsln4 Amendments of )aa5: -cent n pensive which are cora . aco Inns un a- Title VIL. comprehensive local sad araawldt Bevel- dude& Lie ivies itite to be nrIA 5% Tory opcent planning: - t development Plsn. t.gell er -_ ----.---.(e)--Olen.-P eneral la- _. urdtr sec (3) F1)rthen goal I decent home Community aced cc III 1-) s of 111r HouainTAct tat -on loan: and xv (2) IaSlcntes - _ 1 7) 1te:)abltaat.on =loans eC oI 1"u9b ec- Clonal housing ¢oal. of a _. rovided - environment for --cation of estimated ha activltleS.' e t:On 311 of tL•e Hotssla¢ carie ;inset - end n suitable erican fa�m117: and - )liarthan rhos. provided may -.of how- rnourtes o• to c,;•: t rho: such loans Uo�.. even Am dertatin¢ - tnbr Parc which are. tetIA9 Ira _ until Au-.. (4) FOetars� It7ndevelopment aetly- -.. bo roIIde. available Ward th•: autharlL'! OC iectlon 311 d. Cha - Ing and bo - and oD)e'ctlrea.'. and (3) Sag Act of 1334. s3 amassed. _- : - - hies to a coordinated end mutt)aR7 Sup- Identified needs appropriate environ _-6'+ut 23, .!075. of ro- er. thattakes Into account _app - tbU Part i- § 570• Oblrctive and PurD`Nr P PO (c) I4 UU Intend'd upde-sde -available : mental tactors. not.. n;eans grmis. the Federal-. "AWSnee m (g)-_'.D,cretlonarY 6r. der not be uttllzed to reduce eclb�- RraaI, made: from the yecretar7 s fund. - (a) ,•l'ttaprlmarY obfective�otfihthe de-- hzceun the ;,m,. ount ofaoaal.finan � t:OC3the inanity Development PrOgr tla etanUall7 t16{ty developmeIIafrom thatr° oyment air "ant com-velopmeatotrdablqurbancorrnII�table suppom tarcolevel of oust,srnunity funds for mttrOP011tan d-centhousln; and a su1 . generalDur>'� ury., area+ as described lndedSag rains eco tivltin belovP lllty of wen assist'. and aortmetroPa -(b,(e)L'vlr.3 enA:anment: and :� for per'._. prior.to the amore hdlg In 3570.10•)(*). nomlc oppo.tu.-iltles. pr.,acfpa117 Con- ante. and (0) <2).:xaD='ct)ve19. _en3 the Income• ounC'. c' -tons at lour and md obleettv!• ),he g 570.1 Derrnitlons. (h). rgnUUementam a unit of Ren slstent with:: Uua. primary ryo ,rt Lh:e Part . Title I of the Xous)sl-arnauat to Da received b9 n- T•ede:al sasUtance Pro un1t7 devel- nal "Ac"'m�nn+DevelaDmaot ACC_ _ cent conslstlnR of 1a der the slnrPort of comm and Commurdt c: n) -local govern d i b;0.107• forare directed !o- 1974. P.I.93-3a3.t means Lbe Stats, or..: basic &taut amount 0.102 hold- ha:m- _; _op;naat acctvltles whllh llcart " ant whfr3t.. leve grant under f b70.301 an ward the following 3D!elffe l,unt vies: (b) "ADD uric.otA - Ith -. a( attars and &neral local Hov�nr to the pro-. ...: (U •'�avnt of bousln¢ o {1) . Toa P.'.. -a nation. unit of ¢ llcat.On Pursis ter of b0udng isnlo' _ the ProveII�n of blighting n Dor Subpart M One "means the :rrun - bilSht -sad. ration o[ Droo- moxas aDD bye pytrndas. including e�y --:lAl or more P a v '0Om br .`r' and C061ntI1tdCY visions o[ BUIbpa be deslg- data -Compiled ubtlsa C .as -for : 1nflu' and the datsrloratl _ or more pis a enCles. mal Bureau of tare Cen - -- ert7-turd neighborhood to wons ro .local public i faellities of importance W meats the ly persons of Ing the chief e:(ecuUve omeer of a United Surtea cf the comrnunitY. principal_ Dated b7 unit of general local Sovern- 10, ,,,(tent' of pov!rtj'. -. - - - condKlon° State -ora yke a CommunC7 DG9el (1) _ of persons whc4!.In�oonsdata IOw and moderateu�nlattone,ot inept to under• Fho1e ar In Dart. but number arty level b"a*. (3) Tna. tai to health. safety. nt ?r CS=m 1 lorsl below the Pau p the Jrd!+`1 crh:ch sett'- aa. .thrav;h rpd°-en- --OPm° unit. of F!nara under "LarnpCed: and Publlahed Y far":570 - and pubile--welfar-.. ,.r),I r.hablll- only the State ori the a➢PUtaaC of the C.�sus O,.Sce: of overnIDent mal : States: vtr.!au I,.& a{.ttx, forc!rae. - demolition. 11eeterl aetivi..es' ¢ Daad a. ears the and the latzst -repo t Tor the Dn:- tatl0n Oaslstance. anslon BubParr t amount" means �{u)aR'(a!at and Budge 'talar• h7a de- ervation. and eXP order (c) _"B3,51c �wbich a me s part.'1.`Le SCC (3) Tri conservation sloes .a entitled so receive : pr>tea of ttil- -: . --at tha ,:atlan'e table :.cmauo` urban County. IIed by t -he ... termined L`rat It . e ,Musimen,$ ac this - : to provide is decent home ail &Dona; but c1:7 thU .Part sa detersl to n roPrlate to rrta xten: Of Uvlr-1 environment far as D .under ,. firs ;C tent Pp utattoaa:ot varlallons r a.l7 those bt IoA and moderato 1cr=21a brie{ fit of Poverty. sad *1 tlza L -t ttorcre4lon a ea 1ptne-7 " : t_ ulatlon. :provided In povelY' -carol IIvin¢- Inconu: - ImDrovemen-�phoralaa overerowdL'r¢ _ln.,r oad ' aznarlII! n- - .ars 'rite eXParaton and of Com- of •_cold-3aratl e+. .,. ,ver (411 t1p� quanL:!7 and Quality Subpart S. represent& of - erviees. prine.Da117 for -vhle r,'- (d) �'Chlet executive �� thele ectedL theYamou Iry 1 oh fw'rds. zeeelved- y Under munity ..ot local ({o•r.,rlegal 01170131 o4a Pas•..- oI 1ot9 and mode d�rp�vtmllnit9 dev'.toD- ropenaibwt7 for Unit of Werel local 3oyer1m4� 1n meat of rL+ble oG7clal. or the kR�7 deslT�t°d _ --_ementtal for noun - who.has the PrimArY rt'a 4overameetal .the eonaoltdsted Pro clot cad for the devele? ' ,filet executive 3 570.1(c)-a0.1(c)1 EAl �a m. d . the conduct o! determine j, urban, COMM t, nal attllzo-fon of tan errmant -. u'te amount at � ¢.ynt' aeons er Ors and Det-... all :t is iOf 0. r of the r (5) A mar, to . 0Cces". of - a unit of - lxal Sw _ : (,1)' Hn,d-Xarmlt.L� a unit of --ece and other 113,U 7111 f rejr a elected or e a mlvt e1 of ent of funds = t+:; arDnSemenc of tes!dmA dl's other.- mW ba: elaeted Coaat7. f Is. eat y entlt; u = Y C% fad'ssttlaL r"e• eatlortal. - paltry: _ _Lha ehalnttan of :e eptnt7 7xa1 'e OV Oialmtsbaste g—tamouati:a"' _. IIet ..t aCtivlt7 centers.. Isolation of a CouaMon oe board 1n 3 county ths.Iias in taCeaa _ r,ment (d) .I•ye r.ductlon of. t"a uunitles and . Reentive: the omclal. -5570.!03. _ meant D Che Dep of QUIPS within Comm (m) �d U rban Dtv!lOOf the lnrnme::rr motion of no egted urs to lour b7 anra- oI HoustnX of Lite total gcogn?bleat areas v1L+n 7 ern body of rho unit of local a IdenrafLable se6meL� sots In tk z e_v In the.ad.vvefy ltta SPO, sled P an.-¢a'rervor.:ehlet.. (n/....Of lours& wOME e _ and-mem- -::-nn .the ouch �1er"menta or the cbnth case MAY b.) at an group o: ne:eltitorhooda orturL or prestdent (33 mirror'.. e.bup vhlch )=s:udra ezcc-Car ta-0- of housL^^.¢ - and the re- tribe or Alaaaan native 7iituL tomo erg t_>1. O: ,a•: rears of lower income CIC7' means forP�es of bele �e¢r0'° nx_ rsom (c) " -({)_any unit nt-Cry:e1 color, or Z4- ..for. P .. ertonting or deter:n- Indian ^.s and vlra„ a.lon Of (--1 s to attract 7! - i iblllt7. alsaelfled Ba M'1ef(nn `'��. tares rt+d rrtyticor+oo(. gra:lt e11 I(Stn(fflad tr/ of hf4h.rInrome: andby Lha United orales ULW7 u or- at "I other - tlohZels �oal- � and modc.2 a Lteoce to n (71 ,'1119 re±tjt%tlnn and Prtuntflon Iced government wim at -sLite �. metti .rtin of e?.alal value for historic.:._ Dun mn-Inl a(.the yCenat a 9:at::^1x:.ws1 or a+tnet o ;e --CA of :Lt par: -.unit of.gener+`1 txri' a�itd h hr _hies" or "Irate income famIIi - - tu(fur e^! of 3. rmt'onal U a WWII or Loa a• F:OTtA! ?IIr?].. VOL 40, HO. 117--HONaaY. JV>+i.q, 1973 L1Gri2S AU135 AND REGULATIONS -. n real ocation. to other uses where necr ,acy•or 3pOro- br the. a7propr!ate legal oCcer of the - -� Yter41juD will oublish the Dr!►:+. o•t'ta tommua:V. aev,fatsa.ns eaun17• - - policies W to employed In Cite zeaitoca- I'mirant.- ;f r70.l Ors: 6.,difiulion ami eub,n;aelon Lou of funds (or that Year. lT'. AeauucUon r ins ixtio -it the atio inil :- .1,1e., (d)_ Fttcoa year.. reallocation, or =1tro. -= s ublla rorx3, ty llil". and site or other isle'Secrclar7 wlfl 'Ps quatitilcolion-pPUtaa.area (nods reallocated for ntLT R -artrl auertrLston daCee cecea.la.� to par- itsc.4 year-. which .are not used .Vlthla Improvements: nal gnarl[ rope tie s tion3tuquire+t under rthis Subpart to be - hae extasubsequentyear will re3c,l year llfor athe twhetheto ntn'or c D bitch .owned a orpC Ivstely rlsde-tn'n UmeL' 'manner and all such ;-name. area..`lorvnetropolhan arae tends owned). utilities. 3t:lUzi fours l:xats. water nod how computaaors' and determinations will reallocated that. fiscal which will re� _- and plattorate for air lrl3' a ettexaDedea- not be dnn(.and conclusive. main avillable In the next subsequent Wan rna J and welkwaYs. and parks. tie p 57D.107 lteallaeadon of fund.. local year foe. the same area. - playgrounds, and other:. n R!es for :txi :fetrooniitan areal. AW emoun+� -- 'recrrntlunal part(Cioatton:- C.aod and atlas 310.108. ofir, e?(Anet enlill•mrnt. dr'r!n ge facilities In casae whtr as=st- . a11a-a:c+l !o 'a metropolitan city, - sacs for each farl[lt!es has been deter- .,i or other tint o(gener3l local 9OV- - To the extent that grants under Title mined to be urtavatlabtd under other?W- ernment for basic grants or hold-harm- I of the 13ouslni Act OI 1919 (urban re- e.al laws or Progzame pursuant .o the -le:+e :zanW In metropolitan areea In any na"D or Title I of the Demo mtrsUon _ DrOWsior� of: t 370.8(17: and DarktnWia- flscaf year which ore not eDPt!ed !or by .Cities ..sad- (modMetrel ctan .es are payable ..[pipe; solid waste dbpo++l fxilltia. and the date Cxad by the Secretary for that -Act of 10dd (model eD:ea)-aro Payable fire-prouctton' servlcea--and tacultles purpose. Or.:vhlch are disapproved by _._from `ADProDt(atloand ara made for ewhich are located In areas or which serve _ -- the Ser,:et?rY ns Part Of the aPpilcatlon Year roject or program beingt arrled _out respect', areas to which other actl•luw. d�scrbed : - review or program monitoring processes. - to f 370.303(b) are being. or a.= to be. ' ' will be reallocated or use by W Statee metro- having Secre- In any Ur dbasic or hold-harmlesst of general grant carred-out. -1,ar Ptrpoee3 of this ParA- tar,• 1n making gnaPh. a neighborhood fsclllt7 U one polltan it:fes, urban counties,nmA r other 1 570.102 or'for Y!acnl Year 1-075 under which ill !a de3lgaed-to. attire a Par-- units at general' local government; ant 1 r7n.ld1 made undor such ur':BU , he amount of such.. L.Cular neighborhood. and Dros7Crs ser°- - In -any :metropolitan area In the same oor mod malas legislation will be consl�d- - Ices for that area, except. that such a : State. and second;'. In any other. metros.. made - facility may serve an. entire community: polltan.. ares.- Any other. amounts alio-... tit emnt amount of he unit of S nexul of under. 10.000 Population: (11) provides. -- bated to a metropolltaO area for any (Ls- --health. recreational. soctaL' or -similar - cal Year. under -1570.104(c)M which the'IOCal government as'detered=ted from Secretary determine. on the bsale of ap-:-.. this subpart• and will be dedcet.ed from corrununity senrices: and (Ill) may be Durations send other evidence basis Of Rle. such entitlement amount for 7Lea1 Year either single purpose or multipurpose In are not Ii:cely to be fully ltligated by the ; 1973. Deductions - for ;his - purpose will nature. - - - arcretary-durin6->the ilscal:year for ba mads.alter the allocation of funds. (3) Code enforcement In deteriorated -- whleh the allocation . t has ixn made, will pursuant to this subpart and shall not. or deteriomting areas o which such en- w ch th. ted by ha S!erotsry sold- otherwise affect Cite allocation of fundq. fOrceme'at, together with Dubuc imvrove- _ _ -+:e rr* prat d the cions of the ary pear_. The deduction required forsuchgrants': Ltlents acrd "rvlc!s o be provided, may to atlow a-res3onable axprctaiton that shall be dlregarded in determinlne the. b, exDecL.d o arrest the dcc1L•re of the. amount of grants made, to any unit of area. : removal. ".'.the rand, maybe used for making grants eneral -local government that may be . (4) Clearance,. demolition, whtan that fiscal year to States, metro- applied, pursuant o I e70.809(b), o pal- and rehabuita tion of btzid_nx3 and La- :potltan cities. urban countlea, and other man( of temporary_ loans. in connection :provements MCIUCILIg (1) lntar!m 3ssiet-` units of general total 3overnment. first. ante o a11av1Ati harmful- candlt:ona !n. _ '... In tint or any other metropoiltan area In w!6't urban renewal protects under Title which Immediate galea action is needed, the �qme State, and second, In any other I Of the HO Act of 1949.:. . r-habilitatton of me 3%M-)t: to area.. - Subpart C---WSlble Activhleo o.rnf ine -) operti s thromrh the ri Use of - (b):: lfonmetravofitan -arras. Any 5570.200 Eligible sadettit" grants,:. d:rest loans, loon guarantees, amounts alloca:,ed to a unit or general (a) Orant assistance for a community and othetivlile�. when described to su3 ort of o3 ---1a:al 3ovzramant for any fiscal year for m may be used only other hold-ha grants in a nonmetropoll- developm!n. DroBra t old-ha -which .ore not applied far bY. for the fou0w= activitie. past by : tlo , (but <no deaf con.1n and m) of pub- tan ub- --. la -L3 date flied by. the Secretary. for that (L) :its, tLsl*ton !n whole Or oLherAlse, � 17 owned ow--rent housinq). of pub- purpose o:.wtilch:r=e.dlsapproved by Dtt:chsse. lea", dottaLlo0. or._ _ Cha Sac a-rp ns part o[ the appueatlon of real property (including -air tight+: - (5) ape projects dlr+cted o t?te re- - water r'a7hU, and other interete them -moval of material and archttectural bar- zevlea or program manlorind Processes• vet ch is— - riers which retrict the mobility and SX-" - -All be rml!Oeated b7 the Secr-tar9 for - Its). deteront- e tea la ma.CSag grants o urlta of general (t) BL';hied. deteriorated, e_ssons. of elderly a d hand nPYd use el.: go Xnmeat: 1a _ nonmetropolltan- Ing. undeveloped• Or 1ns99rc'Dviatei7 '+•e- persona. - - - -' arca).la any: State n n any State for veloped from. the standpotat of jocund (8). Payments -o hous!nB owners for _ rental Income Incurred In hold- Use Out:;tde of. metropolitan. areal. ALV community de')the reCe1D nnit tdpursuaat to 1nx for growth- As .3 of Periods houAtng units othed:amounfe alloeakd-o_noametro- determined 127 - _..t0 be utilized for the relocation of. m- : politan:anew of a State for any fiscal State sad local laws: yviduals and famliles laced by Pro- :: pear. tcdez 1 570.104([) (2) which the (u) Appropriate for rehabllltaton or San activities. Sec:ata•; !=.tertalnM on the bsatn of so- con_-rzsa pprorx activities; fo - Br thryvcy'- yt7 - -lasx secattoa and cher eviden.:e available. (LU)Appropriatefor. the Drvaervatlon --.(7) L"�PoetdoO. are sot likely o be 1evi obligated stir- or resoranon of historic sites, the beau- danatica, or otherw'3e of any r=.1 D�Its D- are Lha fiscal gear for whieh .he allooa- tl0catlon OI urban laud. the soar es, Andtica -. rt tendonscqdfor =ubBe D0r'•Nes D:,Aded Instlonhae:eek made. willbertalloeated by o[ open apace, pattrral resources, And - -'tha Se,tretary 3t1;jciant)7.. prior o the areal[ arena, the the guidance of ce of urb al _ that the Dbe exp from any such cti sties opPortlmitia• or the guldanCO of urbaII tion ehsu be expended Only tori activities close Of the fiscal Year: to allow Ares- de7el0Pmmt; In accordsau with tills Per' ancilla eTPtt'Bt(on that the furs(• mal (l7) To �e Wed for the Provlal011 Of (Ot ?-jedon of public services not b-f wed "of ms:dn; grants !23 3XV141. Or V"lng tYs2 ytSilc wozYs. fullltles. and u er CBM- rt- V-M l Of �b L-r - h" ti e z y'Dlt-t f_v:'•l 7esr o anis of gmeral loeel go - menu. `UZ� ! a W(ststwatiu� under IIs.... -. ts ,psi•=.s. -a. v:M =d49-iiz, &.2= sir.-.,non. III aan 't(OSbu.an areae. grip aetivluea d,r+r,:rbed la f 3:0.30d tis) rI) (1) :. ...:.other Sta"es rind to Otuser States for use (v) To be used 'Of ether onptiof par' In r_or�tet:Y.oilGsa areas.:.. "s, Including: the cCQVtrslon of land -Aire such secrleee are date rmlaed f0 be FSDT_xA1.axlrrfx. vat. wo, No. )11-1(OpOAr,-. l'JN4 7; RUtiS AND RIGULA710M 2A699",; '- necesaar! or appropriate to support audit Sears of tund)tsi for such activities m to 1570.107(e).(2) 1570.200(s)(4). opera:lns and mamte- nance In orher activities and where L"Latance m such setvlees under -;-(Ul). calculated pursuant For the purpose or this 11srtWrWh. mlmlty" services Tselllgea. are not p: uvidlag or secntmR _ wher nPPllcablG Federal laws. or -pro- -- _ the term "ongoing activity' means anY ectivitT underwg7 as of Jan- eligible:'. Examples include maintenance - and repairs of wars[ and newer and Dark grams had been spolled for and denied or available pursuant to the pro- .'uary model clues " -1. 1976, that wse approved "-. and -:- - fag facilities. and salaries of staff operst- -not made - v:,:ow u1 : i 570.607:" -:For the Purposes, _ funded by: HUD on or before June :30, )ng such facUUim- General government expenses. Ex- - of th;d paragraph. alien services shall be - : toward (1) Improving the cam- - 1974."(e) (c) Coats Incurred In carrying out the* cept for. the provisions of 1570:00(e)• directed - inunllya Public services and facilities In-- - program• whether charged to the: pro- - expenses required to c:.rr7 out the re4u- lar of the unit of general eluding : thoseconcerned with Lie em- -must gram on a direct or an Indirect baA1s. :local respowltillltlex government are 110L eligible. c.x- pinvment.-economic development. crime. :-prrventlon, health, drug be In conformance. with .Ule.re- or Pederal Management Cir- amplest Include all ordinary. general gov child core. abuse, education, welfare, or recreation. quirements cular 74-4.` "Coat. Principles ADvllcsble - development Program:.de- crnment expendltu: es not related to theneeds of persons :esidinirin such areas. (11) public and private -vocal to Grants and Contracts with State and :'community Governments,- except as modified scribed pursuant to 6 570.303(b) and not and Coordinating - development programs::- ' - `, In these regulations. -:: _:. _ related to - activities eligible under, 570.200. - (3) Payment of the non -Federal share6 fs math a Federal . §570.201 ,.Ineligible ■ctishi". _._, ;,: (d) political acticitiev. No expend( - regs:red connection grant-m-and program- undertaken as grant-in-aid - Any type of activity not described In is Ineligible. The. foilowmg list -.-ment quip Lure may be made for. the use of equip- or premises for political purposes, - Pam of the community development pro-- gram pursuant to6670.303(b). Provided. 6 570.00 of examples of: lneilglb;e. activities 1s "sponsoring `meetings, or Conducting candidates' In voter registration '_-TSat ouch Payment shall belimitedto - this merely Ulustrative. and does not coaati- tuts list of allIneligible activities. ngaging activity or voter transnartation .(except actIvitles otherwtse eligible under - a , (a) Psblic toorka, 1actUttes, and stfe a --where part of the comatunitywide regk- sedian. -. - (10) of the CO at of complet--- -other Improvements:- The general rule t: 'atlon drive sponsored by- the -unit, of par- - Payment :-- irg a project funded under Title I of the - Is that public works, facilities: and site Improvements are Ineligible to general local government), or other Wan political activities. _ _ Housing Act of 1349: Including the pro-. : -vision : for'flnanclal -settlement con- or other be acquired. constructed. reconstructed. - (e) --Neta hovsfne construction. Con- new residential LamedmSubpartl. - - - Relocation and assist- rehabilitated,. or Installed unless. they are specifically mentioned In 1370.200 atructlon of permanent "structures, or any procram tosubsidize Is ._(ill: Dsyateftte ante - for -. individuals, families, bual- - -:. (a) (2), or were previously eligible under -.or - the. programs Conaolfdated by the finance such construction. not a Per misidble use of funds provided under this -under new", orlanlzatlons, andfarm open- assisted any of Act (except the public facilities loan -.Part, except as provided the last Part tion displaced by. activities program, the model titles program, and resort housing provisionsof24 CF?. this Part - - .under t - (13) his Part. nacesaary (1) to develop - as an urban renewal local grant-ln-ald the 43. : .. : tho income d. tr. Except : as - a comprehensive community develop- rrment Dian (which plan may address the -' eligible under section 110(4) (gn.15 Housing Act of 1940) and Cited m 1570 - r 1 570. authorized exd under 1 570.200. funds may ay- be exDendad for direct Income PRY- nes•:di,aLrateRy.tadobjectivestobesum- Lad Pursuant to 1(c). Examples facilities whichcannot not be provided with these funds Include ur- . gene theng or far any other laat narnts -: ked In application - 1 570.303(x) but may treat only.: such. the following: =' `- - fore the pone, asfor provided under - - C mooseDaY f hou inle" Pest - pubtie services as are necessary or aDpro- pr7ate to support activities meeting :. (1) Buildings and facilities general conduct of government, each as ' 43.ort 24 to Include -.come maintenance and housing all0w- cam need3 and objectives)". and (ill to develop city halla and other headquarters of gov- : (where Lie' governing_-" body 1111ces., ' a policy -planning -management caDacitY that the recipient may more rationally r emnant meets regularly), of the recipient and -'for Entdlement Subpart 0—AppIkations ; - - so. -- -- effectively (A) determine Its needs.- which are predominantly used for muntc- _ Grants - and (B) Bet long-term goals and -short-term 1pa1 purpaeee. co(srha>tes• PDUdes °v- municipal otLce, build., 570.300 Pre-aabmi..foe•. -- objectives. (C) devise programs and ac- -. to meet the goats and objectives. -Lloas, and: other fogs: - - .,(e).. Tfcntn9 0/ su)i:rtLrs?on o! apPficu from L'dtles .. (IA evaluate. the progress of such pro- -- (2) Stadiums, 9POr4A arenas. audltari- halls, cultural and art can- flora: The 3eereta-y =til establish (line to tim0 the earliest end latest darts grams tn.acc0mpllshing these goals and,: .. grams Ina: and 113 ing th out manage- dojectment,`coordinstlon,. _11m9. concert hers.' convention center,. museums. cm- facilities. but for submisdon of an aPPllcat:on for each fiscal year. Applications, or draft mate and monitoring of " activities necessary for effective Dlannln¢- tral libraries, and similar received ezdvdU) date will be rials relating to applications.-returnd " � •.:before implementation. -: .- : .neighborhood cultural. and (ll) ` illifnral, ljjdes mas-p in iadpuledaa•Datt at s. the earliest ls- - to the r_v1ew,For its- '.-(13). Payment of reasonable admmla-- 1 trative -costa -and carrying charges re- BlmUaa.fadlltiea ; nelghborhood f2CIUtT: - •-- = -including ele- .aDDUcant-without cal year 1975, the earliest date for sub- mission of an application_ shall be De -. . - lated. to the planning and execution of community development and housing ac- -<3) Schools Generally. mApiary. secondary, college and univer- fsc Uaa. but excladmg a -neighbor- -cember 1. 1974: the latest date shalt be April 1St 1975:-Provtd=d. hcrs!rc, Tha _ ilvttles. mcludial the provision of m--.- -. thediscretionof the alty -: hood facNt7 or senior cents in which ths.Secretar'7 may extend the April 15. - formation and. at -resources to of - classes In practical and voptipn-I activi- 1975, deadline for submission of an apP1I- -. recipient.' of residents :. areas in which other community devei- .:. ties (Both' as IIrst -:. rid.; homemaking.-. " cation in particular cases in which, In his judgment,. procedures mandated by state - : opment nctivittes described in 1370.303 - crafts, etc.) may be taught: _ (4) Afrporte, subways, trolley Imes. bus statute or regulation- render submission . -. (b) and the housing act coveted - f975 a the Housing Assistance Plan described " or other transit or Lin- D�Ucathe bleu but Innoevent a111cation by April 15, 1svbmk- in 1570.303(e) are to be concentrated wrstations.-: and other Uwipo �ttermlrt ion`s, (S) nursing homes, and Alan of an application Ix accepted after :with respect to the planning and execs-. - ,Hospitals.- 'other medleal facilities, but excluding s .-bray 30, IB75.:AppUcane wishing to re- tion of such activities. _. (b) :rotwithatandm8 anything to the neighborhood -facility- or eE711or center quest an extension or the Apel! 15. 1975 deadline to thLs paragraph sha,1 - -contra? Inthissection or In 1570.201, which provided health service(6) Treatment works s' 0r pursuant _ Inform the he for - any del cltt activity m shall ried out to eligible a model dties program Industrial wastes of a liquid natures. I ez- -. by April 15, 1975 giving .ppropriate siaa the :: WPUcaaCs Inability to file on appL'cation for fia :mg under this Part. ham- that and: piCMtetaaee .. - (b) Operating. de- ll¢eDt for the Ddh13g1fyLas b7 "el 1.5, 1715. 30 portion of the hold -harmless amotmt At- psruts. scribed >b. t(ITO�OOU)(tY fond.: tela t: rte request for ez-.erdahn a:.0 - -tributable to such. modal dtles Program fiveapthot�!/ �Aa! the red the zrssoM therefor have. not been ze- untu the oppL'cmt, has received rll)&%AL tuourls, VOL 40, no. eel t—r OMDAr, flirts 91 1975 Public Law 9 � 92nd Congress, H.. R. R. 14370 October 20,'1972 on �Ct : !d SZ%T, 919 TO prorlde areal assistance to State and local torernmeuts. to Authorise Federal - z c..11sen.,n of State ludlTidual lncometaxee;aud for other purposes. - Be it enacted by the Senate and House of Representativef of the lin+ted Stotu n/ America in Congresi assembled, Federal-- Staterevenue - TITLE 1 -FISCAL ASSISTANCE TO STATE AND LOCAL •�� e. -GOVERNMENTS Subtitle A—Allocation and Payment of Funds SEG 101. -SHORT TITLE.This title may be cited as the "State and Local Fiscal Assistance Act citation or of 1072". title. SEG IOL PAY31&NTS TO STATE A' NO LOCAL GOVERN-NEMM Except as otherwise provided in this title the Secretary shall, for eachentitlementperiod,payontoftheTnlstp'undto— ' (1) each State government a total amount equal to the entitle- ment of such State government determined under section 107 for such eriod,and (2each unit of local government n total amount equal to the eutit ement of such unit determined under section 108 for such period. In the case of entitlement periods ending after the date of the enact- ment of this Act, such payments shall be made in installments, but not less often than once for eachqcurter, and, in the case of quarters ending after September 80,1D7 i, shall be paid not later than b days after the close of ench quarter. Such payments for any entitlement period may be initially made on the basis of estimates. Proper adjust. ment shall be made in the amount of any payment to c, State govern- ment or a unit of local government to the extent that the payments --previously-made to such government under this subtitle were In =. excess of or less than the amounts required to be paid. SEG 103. USE OF FUWS BY LOCAL GOVERNOIEN"I'S FOR PRIORITY - �`: EXPEYDITURF.S.. r_ (a) Is GzxERtL—Funds received by units of local government under this subtitle may be used only for priority expenditures. For "Priority (' purposes of this title, tate term _"priority expenditures' means only— expenditures. for—ordinary and neceasary maintenance and operating expenses ` (A) public safety (including law enforcement, fire protec- tion and building code enforcement), (}?3) environmental protection (including sewage disposal, sanitation and pollution abatement). (C) public transportation (including transit systems end streets and roads), 1D) health, E rec,eatton, F libraries, G social services for thepoor or aged, and H) financial administration; and (2) ordinary and necessary c_pital expenditure law.authorized by , . _. (li)- CERnrzcATzs aT LocAt, Go:zsxxzxrs The Secretary is authorized to accept a certification by the chief executive olticer of a unit of local government that the trait of loeal. government has used - - es ru, o:o Pub, Law 92-512 2 _ . October 20,'1972 the fundi received by is tinder th6 subtitle for an entitlement period only for priority ezprndirures, unless he determines that such cerci- fiention is lotst: licnently.reliable to enable him to carry out bis duties -; under this title. -- - - SEC -1eL PROHIBITION' ON USE AS MATCHING FUNDS BY STATE OR - - LOCAL GOVERNME\7S. (a) IsGF.vr.Lir_-\o'tategovernmentoritnitoflocal;,rovernment taav use. directly or indirectly, any part of the fundi it receives trader this aubta a as a can nbuti n for the puppuse of bbtaininqq Federal fends under any law of the united States which requires soli govern- ment to niake a contribution in order to receive Federal funds.-=- -:-- o - (b) Drrrx3tLV.tTrOFa SY Src=ART OP TirL TnLt wiry If the Sec- retary has reason to believe that State government or tmitof local government hes used funds received under this subtitle in violation of subsection (a), he shall give reasonable notice and opportunityy for hearing to such government. If, thereafter, the Secmiar•v of thaTreas- ury determines that such government has used funds in violation of sti6ection(a), he shall notify such government of his determination- and shall requeat repayment to the United States of an amount equal to the funds so used. To the extent that such government fails to repay such amount, the Secretary shall withhold from subsequent paymedts to such government under this subtitle an amount equal to the fundaso used (c) IXCRLtetD STATt uR LocAL Govrae3tt:VT RstEscrt.—\o State - government or unit of local government shall be determined to have used funds in tiolatian of subsection (a) with respect to any funds received for anv entitlement period to the extent that the net revenues _ ieceived by:itfrom its own sources during such period eiceed the net revenues received by it from its own sources during the one-vearpericid beginning July 1, 1971 (or one-half of such net revennes,'in the case of an entitlement period of 6 months). (d) Deeoam .t,.vD TiL%-,s r.Rs To GexenAa Fe�-D: _buy amount repaid br a State government or unit of local government tinder sub- section (b) shall be deposited in the general fund of the Treasury. :u amount egnnl to the reduction in payments to any State government or unit of local government which results from the application of this sec- - P- osti p. 935, .'tion (after am judicial review under section 14-;) shall be transferred - from the Trust Fund to the general fund of the Treasury on the day fill which such reduction betaines final (e) C'rtrrirrr,tTc< nr STATr. .%xv T.orAI. GOtT.R\Hr.\Ts.—The $etre tart• is autlinrized to accept It certitication by the Governor of a State or the chief exw.utive officer of a unit of ]Dead government that the - State government or unit of local government has not used anf fonds received br it under this subtitle for an entitlement period in violation of sulrection (a): unless he determines that such certification is not - rd5ciently reliable to enable him to carry` out his duties under this - title _ _.. SEG 10-IL CREATION OF TRUST FUND; APPROPRLITIONB. - (n) TaCAT Fcvn.— (1) Is cexcRtt_—There is hereby e;tablishetl on the books of the Treasure of the united States a trust fund to be known as the "State'ard'Local Government Fiscal'Meistance Trust Fund" (referred to in this subtitle as the' Trust Fund"). The Trim Fund - shall remain available without fiscal year limitation and shall con-.. - - sist of such ammmts as may be. apnroprated to it and deposited in it as provided in smbe«•tion (b). Except as provided in this title, a _. 4 - City c>tt Iowa Cit RANpuM _MEMO DATE: November 18, 1975 TO: All Department Heads FROM: Neal G. Berlin, City bfanager 1 !/ RE: Capital. Improvements Program Program for The Department of Finance in cooperation with the Department of Community Development has been instructed to updatal te The 1Capital imprImprovementsovements -Program thc.City of Iowa city, adopted July 9, ear over a period of is -a-plan for capital expenditures to,be_ing from each Y term work programs It is important to set forth each project or expen- five years to meet the capital needs arising from the long of the City of Iowa City. art and specify tile full resources diture in which the City is ro•ect as specified. necessary to complete that project The following are the basic objectives of the Capital Improvements Program: 1. To provide an opportunity for the City government to express both present and future plans for improving the quality Of services.. which the citizens demand. The progr opportunityi should for sit time ide the and leaders of local government an oppor proper evaluation and planning time for major projects during -_ P p rev can precede the accomplishment of the pro) Z. To provide an opportunity for the City Council to establish long b' tives and an opportunity to translate range community goals and o )ec these into specific programs and projects. unity sources 3. To provide the most effectiverowth of use of lthetbasiced meconomic strengthen such a way astoensure the g protect the_natural integrity of the community, andatthe same time, p of the local government and individual taxpayer. 4. To provide a specific realistic work program for the City of Iowa city; which will maximize the effectiveness of its staff and achieve- ment of the goals of its citizens. The past practice of advocating the expedient and ignoring the long term either the. point of view of the social consequences Ps no longer acceptable fromfinancial impact of decisions, or- the -effecto oforequired ng realistic and valid tcost Gdata efor laced this y -- emphasis'.must be.placed ro'ecch t' each project, including specific make a complete resubmission of each current ap ) t is Department Head is expected to make _a comp identified in the FY 1976-80 Capital beroveme made fstheoneed forneachlspecific project important that a comp ioritYro ect be identfied on a new and that any changes 6cges thepdiscussceiveaonrsession with the City Council, the I;orm A-2,Department and any new protects anticipated to Ilepartmeiit Ihad`w111 be cr.pnGtf+d to revjow t.hc status of current CTf projects, those currently projected for FY 1977 and FY 1978, year period. This should allow the Council to obtain be submitted over the five y p -2- What is a Capital Improvement? For the purposes of Iowa City's Capital Improvement program a capital improvement will consist of those expenditures which result in the acquis- ions to; fixed assets. Fixed, assets are further defined it ion of, or addit i as those of a long term character which are intended to continue to be held improvement is usually any major one-time, or used. Furthermore, a capital nonrecurring expenditure or any expenditure for physical facilities of government that are relatively permanent, expensive and of large size. A few examples include streets, street improvements, playgrounds, police stations, libraries and sewer systems. Also included would be expenditures for architectural, engineering or, planning services which necessarily are pact of a future capital project; costs for acquisition of land or interests - in land; construction of buildings or other structures (such as bridges, parking lots, streets, etc.), including additions or major alterations which are permanent in nature and the cost of which is a minimum of $10,000; land- scaping; all vehicular additions to fixed assets which cost a minimum of $25,000 and have a lifeexpectancy of 10 years; and similar expenditures. The definition of what is to constitute a'capital improvement project may vary slightly as Iowa City's experience with capital improvement pro- gramming grows. The above is to be used as a_general guide. In order to - establish capital improvement programming as an effective management tool, only, those items that are important in terms of Iowa City's future services and amenities will be considered to becapitalimprovements. Therefore, despite the fact that numerous items are currently considered to be capital above will be included in Iowa City's Capital outlays, only those alluded to Improvement Program. -3 - Why Capital Improvement Programming? The direction and magnitude of Iowa City's future growth and development depends to a great degree upon our comprehensive plans on one hand and upon the actual public and private facilities on the other. If we are to provide Iowa City with the 'most rappropriate ,combination of public improvements, their influence upon the private sector of urban development will greatly contribute to the achievement of our goals as promulgated in our comprehensive plans. Capital improvement programming is the most effective means at our disposal of providing the community with those public improvements which would contribute most effectively, to the realization of Iowa City's long- range goals and plans. - --In addition, capital improvement programming provides more specific advantages in the following categories: Administration --In conjunction with the Comprehensive Plan, programming, safeguards against public improvements -being liabilities upon ,the City in lieu of assets. It will also enable Iowa 'City to undertake additional projects scheduled for later_years_in a period of surplusrevenues'.should such a situation arise. --Impartial treatment can be given to allsectionsof the community. Coordination -- --Programming'' inherently promotes a coordination of construction activities of overlapping and contiguous governmental jurisdictions. --Programming aids in assuring that projects are not undertaken too soon before the need arises nor too late after land costs or building costs are inflated. - -6- Capital Improvement Program Process in Iowa City., I. The Department of Finance will distribute theefollowing forms to the various City_ Departments and division heads: Form A-1 Individual Project Estimates Form A-2 -. Statement of Capital Improvement Project Needs 2. The Department -of -Finance conducts a financial analysis of Iowa City to determine its capacity to make capital improvements over the next few years. 3.- The Departments of Community Development and Finance hold informal discussions with Department and division heads as an aid to the successful completion of the above forms. Advice will be given on financial feasibility -and on the applicability of a proposed project with the programs of other Departments and with comprehensive plans. The capital improvement plansof other governmental units in the area should also be considered when proposing capital improvements on behalf of Iowa City. 4. Department heads return the completed forms to the Department of Community Development by a specified date. 5. After receipt of the completed forms,, the Finance and Planning Staffs will make a preliminary review of the forms to determine their com- pleteness. A check will be made to determine a proposed project's eligibility under the definition of capital improvement. Also at this stage, the City Manager will make a preliminary review of all proposed projects. 6. Project requests may be reviewed by an independent technical staff with respect to proposed project plans, de319ns, specifications, and Crdta. IOWA CITY CAPITAL IMPROVEMENT PROGRAM CALENDAR _ November 21 1, Introductory meeting with Department forms for Heads and distribution of the CIP and operating budget. 1-15 ions Departmental and Council informalsessandreview of December 2. goal setting for operatingbudget Capital Improvement Program la Establishment of December `3. Informal Council Session - goals and priorities December 22 et and - Departmental budge- q, Final stages CIP-preparation 5 S. Departmental budget request January ofaFisub- missions due in Departmentnance of project Staff rty'sWdevelopmental January;8 6, Finance and Planning City of Iowa _ requests in terms financial prospects goals and individual. January 12-23 7,`_ City Manager's formal meetings with Departments concerning CIP 2 submission of the preliminary Council February 8. City Manager's Capital Improvements Program to the City Public Hearing on CIP and proposed March 2 . g. City Council operating budget -- March 9 Council approval and adoption of CIP and 10. operating budget : • ESTIHIITES • INDIVIDUAL PROJECT This Space Form A-1 CITY OF LONA CiTY To Be Used By CAPITAL IMPROVEMENT PROGRAM Department FY 1977 - 1981 Head Only 19_ Project Date . Priority Division No, Department - Dept. or Div. Code No. Protect Title Location (also indicate on map) Description of Project D. IMPLEMENTATION SCHEDULE -- -- A. ESTIMATED COST 1. Design and Plan 1, Planning 2. Land Acquisition Date Architectural Services 3. Construction Begins , �T Engineering Services 4. Construction. Period .. ....:.inspection •....- __ __ -:. TOTAL E. STATUS OF PLANS AND SPECIFICATIONS -' '- - -- 2. Land (Place check mark opposite proper No Land Involved status.) Site is Secured, 0 -Plans not needed. Site 1s to be Secured1. Nothing done except this report -- -- — '- — 2 Preliminaryestimate received-- 3. Construction - 3- Surveys completed Labor ' 4 Work on plans scheduled Non -Labor - 5 Sketch plans in preparation TOTAL - 6 Sketch plans completed —7Detailplans -in preparation--, completed Check One: = B Detail plans and specs New Construction — Rehabilitation - F. PROJECT EXPENDITURES BY YEAR — Replacement Prior To 1977 — 1977 4. Other Costs (Specify) - 1978 1979 - - - TOTAL_ ESTIMATED. COST_. _ _ -. 1980 5. cost Prior to 1977 that 1981 is included above After 1981 ESTIMATED ADDITIONAL COST G. ESTIMATED LIFE OF PROJECT -- B. FUTURE BURDEN RESULTING FROM PROJECT --. N. FINANCIAL AID-' 1. Annual Cost: Maintenance, Type Amount Repair and Operation Federal Aid _ state Aid 2. Annual Estimated Cost of New Staff Required -. Program - 3. Future Expenditures for - Additional Equipment not 1. DEPARTMENT PRIORITY RATING Included in Project Cost - TOTAL Project Approval By Dept. Head C. ANNUAL REVENUE PRODUCED From this Project -' Date FOR DEPARTMENT OF COMMUNITY DEVELOPMENT FOR DEPARTMENT OF FINANCE USE Ot1LY USE ONLY - RECOt•MENDEDFINANCING: _ _ Amount -=- --- • FA Federal Aid - - - State Aid SA - General Obligation Bond B - Revenue Bond SP Special Assessment ' Operating Revenue OR Sharing FRS Federal Revenue RUT Road Use Tax - - Housing A Cortmunity Development Act of "74" HCDA - COMMENTS: INTRODUCTION ' range provide a narrative oflhoshthe manualowill The purpose of 1Srocessesmanual1oftthe City of Iowa City. and short range budgetP who is interested in understanding will identify ,the procedures for administrative provide basic-informntioJatCitye citizen c}cvelopment. the budget process policy action, and will guide City Council p olicy action. budget municipal government is a P effective, the adopted Policy must ordinarily The adoption of the The budget However, to be even moderately be },receJeJ and followed by a multitude ca sofboth administrative actions. This of both the Council and the adminis- retetitivc action in local government* process ordinarily encompasses more el are made by tration'than docs any other single that the basic budget Decisions on the philosophy to the views of citizens manual is based upon having given eareful'conSiDcration procedures es outlined have" evolved as a`result a legislative body the City Manager,' and the staff during ears !_bud gets, -While malty of the Procedures and the administrative branch. The l recess - of discussions between the lastity twof�rnmen some significant changes in the P the development of the overnments, past practice in the distinct-depart,Ire otherom P which arc unique are -standard for -modern_ esentocal �a other changes are introduced which rep lyiicant changes in the policy City of Iowa City and, perhaps more importantly> and effectiveness generally in local government. These are signi direction, citizen input, Program integration, and efficiency measurement. plan of financial operation for most -general sense, a budget is a P - there are two nits most g orary financial,administrationerating budget. a givenperiodof time. In cc t and expenditures for a_period of budgets - the long term capital budget and the annual operating types of an estimate of p means of financing The first of these representsthree to six in number, and he proposed cars, usually et provides for long term investments orimprovements several y' term goals. such expenditures, This budg P budget term Ca ital Iinprovements Pro gram :which is a and represents n significant commitmeent of local resources to long City-has adopted -a long a of budget, sometimes referred to as the current of this type- The second type et because it authorizes of budget, and controls current financial operations, Operating budget et a licable to each year. is the annual budg PP CAPITAL IMPROVEMENTS PROGRAMMING and scheduling is the planning, coordination, pents ramming over a period of years. Schedu- capital im rovemprov mens the community desire, and importance of public physical improvements riorities based on need, ,s ability ling is developed according to priorities the constraints of he City's Ito design and administer the P J of such improvements to the community ram (CIP),is a legislative and manage - to finance, as well as the staff's ability Essentially, the Capital Improvements,Prolanning, and execution of a series of moot tool to facilitate the schedeainb�od public improvements over a five Y per, sins with and proceeds from a current and resents. an analysis of needs and Ideally, the development of_a CIP begins analysis to O5 years, dated comprchensi.ve plan. This plan P genera recently -up long-range time span, g desires of the community over a g- _2_ andtranslates these into prescribed action programs and services to be performed by City government. As one element of the comprehensive plan, 'a community facility study would analyze the City's services and facilities -to determine their adequacy;-- and dequacy; and develop recommendations for services or facilities which :;need to be improved, and where other would need to be initiated. These recommendations would then - assist in initially proposing needed capital improvements, as well as providing a framework for prioritizing and scheduling the proposed..projects. At this time, a new comprehensive plan is in the initial stages of development, and as a result, the processfor the current and past C1P has necessarily deviated from the above procedure. The current procedure is to develop_a list of projects y that reflects Council deliberation, staff/departmental need surveys, consultant reports, and citizens' suggestions. These are then assembled into a preliminary document and presented to the Council, which then holds public meetings for ob- taining citizen input concerning the preliminary proposals. After public meetings, the City Council gives a priority ranking to each of the projects proposed. Utilizing the fiscal policy and other financial source of funds limitations, the highest priority projects are sequenced into a five-year Capital Improvements Program with sources of funds identified. The concept of sound financial planning is ,of equal importance to physical planning, and is critical for the success of any program whether it be public or private. As a result, the Capital Improvement Program is a determination of 0tile_levels ofcapital outlays, and (2) the sources of financing of those outlays. In determining the scheduling, of programs for completion in the CIP, it -is necessary to deal with the City's financial resource limitations; both those that have been established by state law and those that have been adopted as 'policy by the City Council as a guide for future City expenditures and indebtedness. Increasing Council consideration must be given to -the impact of capital projects on the opera- tion and maintenance activities of the City. .The City of Iowa City is currently levying the maximum $5.10 tax limitation within its General )Fund.Because of this, the City must take action to limit any expansion of existing services, addition of new services, or adjustment for economic conditions which would cause a revenue `requirement in excess of the anticipated tax base growth. This operation and maintenancelimitation is becoming increasingly significant and 'it'may in coming years be as serious as the limitation on capital itself. It is the latter limi- tation to which the City Council addressed itself in 1973 bythe formal adoption of a fiscal policy that is aimed at controlling and regulating the property tax levy for debt service on general obligation bonds used to finance capital expendi- tures. Implementation of the fiscal policy provides the following advantages to the City: 1. The property tax levy for debt service on which there is no,; state -imposed maximum limit can be projected and regulated to either remain relatively constant or to increase at -an even; controlled rate. 2. Investors interested in City of Iowa City bonds can refer to the fiscal policy and rely ,on it in making decisions on whether to buy obligations of the City and in determining the rate of interest which they will bid. A formally approved fiscal policy has a strong bearing on the City's ability to maintain and _improve on its credit rating. -3- - -i - 3. Planning for public improvements -normally takes place over a period of years. Nearly always, funds arc spent for engineering and right-of-way prior to the years in which actualconstruction takes place. The fiscal pol.icy -establishes: amounts of money which will be spent for several years in the future to best facilitate public improvements planning and make it possible to concentrate time and funds on those priority projects which can be financed and constructed within the City's financial limitations. 4.; A significant advantage of the fiscal policy is to demonstrate the need for additional revenue sources in future years by matching expenditures and indebtedness permitted by such a fiscal policy against the much greater need for additional:.public improvements ---- A copy of this adopted fiscal policy is attached as an exhibit to this manual ANNUAL OPERATING' BUDGET - The annual operating budget has been referred to earlier as the current budget, because it authorizes and controls current financial; operations applicable to one year at a time. Perhaps a better definition of the annual budget would-be - a decision -making -tool through which_ an operating program' is given approval to expend resources over a specified -period of time. It should be noted that with full implementation of home rule and the financial division ofChapter 384 of tile Iowa Code, it will be necessary for the City of Iowa City to'budget:a two year operating period as opposed to the current one year require- ment. 1t should include estimates of (a) services, activities, and projects comprising the program, as well as measurements of those activities; -(b) the result in expenditure requirements; and (c) the resources suitable for their support. This.dcfiiiition_gives _recognition to the wide scope to be encompassed In annual budget making. In fact, -the annual budget is a statement of the legis- lative process which is influenced by the same social, economic, and political forces affecting the conduct of all public affairs. In most communities, the annual operating budget has been considered primarily _-- as a financial and accounting device with expenditure estimates for -various _ departments being submitted and reviewed as 'monetary estimates. Requests have been supported primarily by detailing objects of expenditures'- materials, supplies, equipment, and salaries. The validity of these requests has been, judged primarily on the basis of comparison with previous expenditures experienced. This approach to budgeting has predominated throughout the years,.even-though authorities on the subject have long emphasized that the most basic aspect of <a financial plan was the work program designedtoaccomplish the objectives of the governmental organization. Many City officials have also increasingly emphasized that the operating budget inevitably represents dollar'values`placed on the service programs. As management and accounting methods used in government have improved, tech- niques have now been -developed -which make it possible to_identify _and relate costs to work performance.' In recent years, -the term "performance budget" has been widely adopted to identify a conceptofthe budget as a program planningprocess which becomes an integral part of the management process, rather than primarily -a fiscal. procedure. This terminology was first used .by..the -Hoover >Commis sion in recommending the adoption of, improved budgetary techniques by the federal_ govern- ment. -The Commission.. stated;..- -- - "We recommend that the whole budgetary concept of the federal government be refashioned by the adoption of a budget based upon function, activities, and projects; this we designate a performance budget. Such an approach would focus attention, uponthe general and relative impor- tance of the work to be done, or upon the service to be - rendered, rather than the things to be acquired, such as ' - personal__services, supplies; equipment, -etc. --These latter objects are, after all, only the means to an end._ The 'im- portant thing in budgeting is the work or the service to be accomplished„ and what that work will cost." The performance concept of budgeting is particularly adaptable in municipal government. Since cities are primarily service organizations, activities can be readily identified and often measured in terms of ,specific units of work. This concept does not involveanyradical departure from previously accepted budget methods. Rather, it is the re -emphasis of long accepted principles of building a. budget on thorough program analysis. Recently developed techniques have pro- vided the -budget -maker -.with ,more precise tools for accomplishing his objectives. - performance and program budgeting and traditional object budgeting are quite compatible, with the two approaches supplementing each other: With the passage of the now City Code of Iowa in 1973, a major change was required by which Iowa cities are to manage their budget and accounting functions. This change encompasses the concept of program/performance budgeting.__ On_ Mayo . the Iowa_. 1973, City Council adopted the new provisions of the Code, and prepared the eighteen month budget ending June 30, 1975 in a program format, 'and reorganized the City's fund and accounting system accordingly. This involved a restatement of the traditional accounting funds into seven new ones which are more descriptive of the actual purposes for which they were created. Beginning_. July 1, 1975, a seventh fund for special revenues such as (lousing $'Community'.Dovclopmcnt.Act and Road Use Tax was added. A description of these funds -can be found in the exhibits attached to this manual. 1Within the General Fund, six, program areas of governmental expenditures have -been instituted. These programs are as follows: Administration -- - Community Development - --- Public-Safety --- -Transportation Environmental Protection - Leisure $ Cultural' Opportunities A City Chart of Accounts, maintained by the Department of Finance, identifies each of thefunctionsand-activities of the -programs in the General Fund, and both receipts and expenditures are identified in this new program concept. Although the accounting structure has been established, and basic historical data has been restated for comparative purposes into the new format, the benefits of program analysis and service level determinations based upon program/performance evaluation will become a reality only with a well organized andimplementedprocedure for decision-making. -5 - PROCEDURES There are many and varied ways in which budget decisions can be made in municipal government. However, the best procedure is the one that most closely reflects the 'particular nature of each unit of government, and to that extent may, or may not, differ from the traditional norm:The City Council of Iowa City believes the following described procedure best reflects the needs and desires of this community for the development of long and 'short range budgets. Formulation of Budget Policy A budget maybe viewed in many ways: as the translation into practice of community aspirations; as the allocation of resources; as the net result of - - individual interaction in a given social and physiological framework - the urban government bureaucracy; or as the central mechanism of professionalurbanmanagement. --- The outside observer may view the budget in any or all of these ways. However, the: central fact is that the budget must be planned, structured, approved and executed. At the beginning of this process, it is essential to consider,basic -policy questions. Precise formulations of actual budget policy will materialize later in the process. Setting policy, therefore, is understood to be a review of conditions that are bound to affect the structure of the final budget, regardless of changing emphasis in the budget as it moves toward approval and execution. This review and formulation of policyis the responsibility of the City Council. The first step in this process involves discussions between the various operating and staff departments, members of boards and commissions, public, and the City Manager:and City Council during which current and proposed levels of service are identified, and evaluation of programs are reviewed. These discussions are to pro vide a basis for the regular and uniform transmittal to the City Council of depart- mental acti.vi.ties.and work programs, and are intended to define and to inform, - not to sell, impress,' or obscure. in order to keep these discussions current and accurate, each Department should carefully review its --statements of functions, activities, and work programs. Such a review should be made in light of developments wthin the past year, as well as in light of any new information that may bear upon the accuracy of previous statements. The next step in the formulation of budget policy is to 'review and evaluate economic base data and current financial briefing estimates to be provided by the Department of Finance. This review consists largely of an up-to-date summation of the -financial base of the budgeting process,_including capital improvements, and the purpose -is aimed at acquiring relevent financial information with which to set broadlimitsof budgetary possibilities. It should include an assessment not only of revenues and expenditures generated and dispensed within the City itself, but also the role played by external, intergovernmental revenue sources. This review may also include a survey of localand regional economic conditions. An essential ingredient in the formulation of overall budget policy is the establishment of overall goals and the determination of service 'levels for the immediate future. It is obvious.that, as a result of discussions of departmental programs and activities and after a review of economic conditions, major program changes may be essential as part of the formulations of overall budget policy. An essential step in determining service levels is citizen comment and participation; in order that changing patterns of community aspirations can be 'reflected in the b b p Y P overall policy decisions. -6 - colic formulation stage is a review 'of labor;ncgotiat"un�, - ,mother step in the policy es and prices in view of the r -compensation program is tied to a cost of livepg f and an overall assessment of current changes in wag fact that;the City and affirmative action programs L•mphasis on organized units of City employees, deter - for women and minority workers, requires that a review of the relationship between - .zed rw .areas and -the budget as a whole take place prior tothese overall policy nination by the City Council, this first part of the Procedure will provide se evaluation In summary, to impose constraints ole nities within the actual budgetary process. `The importance of process summary, to the determination of the factors that are likely. P_ or provide opp As identified in the provide o policy formulation`wllrovided atltct the m most important trends from this g 1964, characteristics common to what may well be a mass of detail provided and Killian, text 0 eratin Budget Manual bYet policy might include the following: the overall development of budg_ P position. 1. p review of the current year's financial p 2. A determination of economic trends that are likely -to affect the overall budget picture. A statement of direction for the budget year. 3' es over ia) Identification of mandat°ensionry rpaYmcnts�, salary increments, the current year, c.g•, P and debt service.- ibi statement as to the maintenance, reduction, or increase of the current tax level. es for service, Cc) A statement on the use of special revenues, charg - or new sources of revenues. ectations Of A statement of program highlights and the exp rams. (d) duction or -increases to those maintenance, reprograms. the remaining The development of a calendar which will determine 1• P process. steps in the budget p Approval of the Ca ital improvements Program ram is planning, reviously, the Capital Improvements,program for the communi As mentioned p ,of public physical improvements sovements Program t(C1P) coordination, and scheduling e2 Important over a period of years. The development of the Capital Imp identified as olicy and its approval is a basic element of the annual operating budget. to this approval is the formulation of the olibe loons t d isw, in rovement:projects, those projects This the first step oftheprocedure. -Council deliberations and discussions wil and new projects proposed for scheduling. . include a review of completed capital imp crformance in projects com- various stages of completion, - goals versus p ro'ects and ' review willincludean evaluation of g analysis of all ,scheduled p i pleted „ and a cost benefit/effectiveness analy provide an important element ects to be considered. This review should be consistent with current new profill Ian. Priorities and serrevieweand updatingaof ns comprehcnsivc.p in the continuing 7 AgainrioritY , an important part of this procedure is citizen participation and inin)t. At -stage. citizen input should beanenLhe Telationshiprof those placed on t}u scheduling of certain oalsrandclevels of service determinations. prioritiestooverall community g the'next five-year.Cap11 ital improvements At the conclusion of this participation, Program will Ile schedulod with those projectsreceiving theeprogram. Specific' ranking identified for financing in the first y car's Capital Improvement Budget approval will "ISO which given to the next fiscal y which will be implemented with the operating budget. Approv')1 of the Operating Budget- budget - y approval of the After the determination of ove.ereparationof tileannualoperating budget Capital improvements Program, takes place. The firstStepin this process is a preliminary:.statement of oals for the budget year, and executive budget policy from the City Manager to all Department Heads which will advise them of the Council's shortrange g budget wi11 also identify administrative policies to be followed in preparing c view of economi estimates. s is f revenue mesprojectionswill lthaso t haysage eebeen previously discussed with and an y Thisstatement the Council and which serves as the basis for. overall policy. may :also be the place in which the City Manager announces any _substantial ipated th dget ., theinstitu gto e tionnorcexpansionTofgnewecorrin budget modification in buwork programs, preparation period, c.}•, activities, or performance budgetingtechniques. some of the City Manager may convene a meeting P" "policy declarations on, anre portunitybisaafforded forngivetand take discussions -this-oral presentation; an opand-central _budget agency personnel are but, more importantly, both departmental given the other. - given executive direction and each knows the directives the mu- The overall budget timetable indicated by fic schedule for operating City Manager in the ting lation of budget policy will be reduced to a speci This schedule will be included in a budget. budget approval instruction booklet distributed by the Department of Finance which will transmit to the operating and, some indication of the significant elements of the departments forms on which to record budget requests, instructions for the prepa- ration of such requests, forthcoming budget Specific instructions will be-provided relating to each request form individually, and, in some instances, partially completed sample forms. The budget instruction booklet is an important clement in:the development of the Manager with Operating budget be it determines the mannerandcomplctene5s with which various budgetunitsprovide the Departmcnt`of Finance and the City b the information needed to carry forward the successive portions of the budget process. lied by the City Manageartmentbudget hcadepreparesssage and the Using the guidelines-Supp formsprovidedby the Department of Financed each dep nditures for review. Specific details on budget submissions estimates of expe_identified in the budget instruction materials, but generally these sub- will be missions should include the following items: I; A narrative explanation of the program goal, subgoals, per- formance uhjectivcs, and goals mensuremonts of each Depart- - ment, suborganizationato:osed changn)in,cachtion activityof �ch signifi- cant new project and p P -�- the artment 2, - A listing of major objectsc fe ificationxpcilditueoffexpcndeture,i.e r suborganizational unit by personal services, commodities, services and charges, capital outlay, and _transfers. The detailed narratfvomLsrioruycarsired �n any significant change, either up or down, P expenditure levels. 3, The personnel complement signed to each department, listed by g year. title within cacti activity and showing each authorized position, range, step and forecasted salary chin es within the next y range, authorization changes or reclassifications must All be justified and supported. A program goal is a long-range desired end or outcome of activity ann of the dthe combiicd goals of the organization should represent a-deandloftcn never fully` of_the City. Normally, a goal is timeless, continuing, ver every activity per - achieved. Ideally, goals should be comprehensive ram.- A goal should be a formed, and fully. describe the purpose of the p b about which all activi- unifying point, associated with each major service area, ties in that area revolve sorhtargetsot wardhwhichmit can wwork ch wjtsis It City operates and bbjectives oal• however, preferable that each major program arca has only one.tdentifiec3 6 it may be necessary that functions within our accounting structure have identified subgoals toward which to work. A performance objective is a clearly described target for achievement within a specified time span which represents an interim step or measured progress a specified wards i d ti There -should be at least one objective for each function and but should also be challenging and, if possible, each should al capable of being achieved with committed resources, should be consistent with"established goals,-ectives-should be stated in terms that permit represent improvement. Specific ob) to develop'objectives that lend themselves to quantitative analysis so that object - quantitative measurement of their achievement. Every effort should be made ec ivity of the decision-making process may be enhanced.- ectivc is progress has been made oat anybject point - Goals measurement' is a means of determining whether or not an objective being achieved. Measurement indicates and should of in time towards reaching an objectivc,ann should be a tangible realization perform achievement. Thmeasure o fuefficiency of esourcesaorytocaccomplflects ishadesired tresults with certain tasks with produced, cost per customer,' little wasted resources. Efficiency measures how economically resources are Bing utilized, and is usually expressed cost per k unit or aspsom1 other expression related cost per employee hour; units produced per year, to production. on the other hand, a measure of effectiveness reflects the value or quality of the product or service' produced. This measure docs not indicate how problems es performance objectives. effectively the resources are being utilized but indicates how successful the City s_prog rams are being applied to perceived P 'since- but an effort should be made to quantify these items --Effectiveness measures tend to be more subjective than efficiency measures, value judgments are _involved, when possible. oaf for the Administration Program and of IOw3 "T'I An trample of a program b oli.c in an informed, would be - "to formulate City p Y assu olicy emen -and provide management and supe ort activities that will City governmental o ernmentallopera- tation and maximize the efficiency and c£fectiwithinvencss of City g tions." subgoal for the l.'inance Department within the Administration Program would be: staff services Manager wrth policy. City Decisions and To provide the City Council an 1, ° and administrate conformity with to formulat City Municipal transactions in the Iowa standards• all financiaof the Code of Iowa, ted accounting To perform erallY accep _ ho:) 2 aPhltcable pr°visions with gen would an( in accordanceobjectives rformance increase Code, of the PC licat1Osthe establish - (All example aPP through data processing. ations lcment additl°nal 1'0 lmP accounting operation mechanism. a• the efficiency of the accounting control of an encumbrance obtain greater meat records to To computerize -fixed asset b. of inventories. of an o accuracy computerization TO fully implement and 'refine the maintenance systema t of idle C. vehicle inVestmen effective p00 from the d To earn in excess of $500, funds. of the City insurance City `review comprehensive a_comprehensive the City Council a �O implemona to recommend to C. broad base. coverage gement policy general anJ, which risk mans} a very g e object ram goal starts °n and measureabl. artmcnt As YO4 the Proore specific u lntat vcly reviewed- to used ach ep evaluate can see, to works to and hopeful' q •ects -which will lt, howovcr,. rtively crformance-obJ can be quantile identify P to year. and will be will be ,.Per- t° from Year the City Manager body can 11 activity _ The legislative the department. will be reviewed by a allocations requests Council. arrange resource departmental req to the City the levy, of taxes. _ The on program priorities ar. . t° anagainst the rcl-Iminary form required Ppublic presciitcdfin 1 deter budget as comments to° these p as the be held solicit 'or the news' make the to balance to Prior away will fiscal Period. available to n in such public meetings ahe_next be made D participat io In doing so, P budget for -of the budget will s the matter o crating informed discussions and i proposed Topics and analyses ensure t this o y the legi lative b d in order -t° w an discussion a meetings' to the -public, in (s revie before Direcror, and media -and-, the ed posed budget the Pinanc° ortant step in the pro the City Manager, -ties previously An imp tive explanation Of the of knowledge,,_priori t and sustC1tYcJ of execu a oint_ round a coherC° this is 1 adequate backg make all of Practice, with with the ability promise if necessary, the After " ent J{cads the Council, comp tions• Deparr"• willingness t° of recommenda the al theaCitY of establ}shed by with the oint set budget and Present a adoption` -of the aJe by presentation, prepared to p will b� Iso levy taxes and will be p coaredere(I formal and functions- will tor. Manager activities, Council County Audi these matters are rams, the City to the specific programs, this action, the City Clerk funds to sp be made by Council. Coincident a certification t° he authorize which t the 0ud,et the basis on ides ,rtion t spend* o P d. isl;r;rtIon _of r 1°rutin}: budget Prov °s nn ❑utliorrz. iroperlY constitute may not 1 the annual l] which con. ending Fundamentally, a resolution ond;.which sP body adopts 'Provides limits b°Y governing the budget P Obviously, f the et olution is proceed- however, the adoption o City manager isswith ut authority to incur. act. positive act. Without this, City g payment in obligations and the Finance Director is without authority to make `thereto, Therefore, the functions of the budget execu respect tion might be summarized as follows: d objectives 1, To provide for an orderly manner in which the approve of the budget year arc ao be achieved., Z. po assure that no commitments or expenditures are undertaken, except i❑ pursuant of authorizationsproperlymade. 3, he City To conserve the resources rovtobj edectiveslflorare nte1y thebudgetyearts required to achieve app q, To provide for a suitable accounting, at appropriate intervals, of the manner in which stewardship over entrusted resources has been discharged. 5 To provide one. evaluation mechanism with which to measure the effectiveness of the organization• vary widely from one Patterns of administration of the approved budget may the responsibility municipal governmental organization to another. [n Iowa City, delegation from for the execution of the budget rests with the City Manager. aY g him, in turn, share segments of their responsi central staff agencies and operating Department Heads assume portions o Department Heads, With the result that this responsibility. p' and with subordinates, bility with other Department lleads, Manual which has been approved by the the budget execution encompassesalllevels. The authorization to expend the c funds is found in the City's Purchasing different individuals within the organ- for,the control and - City Council. As noted in that document, an automated i.zation have differing levels ra authority get isscontrolled Yby expenditure of funds. The overall City age accounting system which provides for management review of expenditures de a accountingsis. Specific authorizations to expend allocated funds are identified monthly in the City's Purchasing Manual. management control. Without this budgetary execution is mince financial 'I'hc final facet of Uudg Y - component, the purely financial control will made. Management controls, onethe cother d, and cost 1, --controls record dollar decttitons y oint of origin" approach hand, attempt .to reach down to the concrete level ofThisk done, before financial obligations are in, fact incurred. requires financial obligatip by the City Manager and full dissemination of management policy doactive wn to the front line supervisors. Clear definition ce responsibilities - the e major expenditure item - as well as for ' 'authority, and reporting channels facilitate this control processhaveetheireownntro .procedures are established for personnelro rams will, of course, work orders and requisitions. Revenue p g special control features. specifi operating budget, c appropri- When the City Council approves the annual ations and all are madeand any change in those , allocations resulting ro '; Or on approval and budget amendment as provided in s or unanticipated revenues received from under -expenditure of fundmust be submitted to the City Council for app the Code of Iowa. Chapter 384 of - -11- but certainly not least in the administration of the budget is audit Last, ears have extended the traditional and necessary and evaluation, which inrecentY ass the_degree of achievement of manage audit of financial operations to encompass - mcnt Objectives. The term "performanco audit" has been coined for this epurpose, and evaluationents process is and h+s been definedprogram s r+�m�+�`5„lts. Them reporting of financial compliance economy and efficiency, I g policy and the establ}shmcnt of overall The principle key in evaluation is essential to the formula+t+on of budget P y and efficiency, measurc- go:+Is and service levels for the 131, principle economy erfornancc, measurement. bong sought as a way variables that toter into p ro rams, services, activities, and meet has remained elusive because of the many The Department of rinance the City government. _P and the difficulty of quantifying the many P g eyalhe Dep-rtmen of that tasksthatare provided daily by for developing and be policyb the City Council, has been assigned the responsibility out of programs and will serve to assist with the 1rtmentsulatlon of ecarrying of assistance to operating P' ` activities for which they are responsible. complex mix of leadership, et re -quires P of planning In summary, the execution of the ecti controls, new -and adz _— -shared--responsibility, operational directives, d frequent reviews and reappraisals. and programming, an FISCAL POLICY CONSIDERATIONS Theconceptof sound financial planning is of equal importance to physical planning, P p 8 be public or private. As a result cthe1Capital Improvement Program success of any is(1) thelevelsof.capital outlays and (2) the sources of financing those outlays. Indetermining_ the scheduling of programs for completion within the next five years, it was necessary to deal.with`the City's' financial resource limitations; both those that have been established by State law, and those that have been adopted as policy by the City Council as a guide to future City expenditures and indebtedness. It is the latter limitation to which the City Council addressed itself in 1973 by the formal adoption of a fiscal policy that is aimed at controlling and regulating the property tax levy for debt service on General Obligation Bonds used to finance capital expenditures.- Implementationrof this fiscal policy can be expected to provide the following' advantages: 1. The property tax levy for debt service on which there is no State imposed maximum limit can be projected and regulated to either - remain relatively constant or to increase at an even controlled rate. 2. Investors interested in City of Iowa City bonds can refer to a ' fiscal policy and rely on it in making' decisions on whether to buy obligations of the City and in determining the rate interest that they ,will bid. A formally approved fiscal policy has a strong bearing on the City's :ability to maintain and improve on its credit rating. ' 3. Planning for -public -improvements normally takes place over a — period of years. Nearly always, funds are spent for engineering and right of way prior to the years in which actual construction takes place. The fiscal policy can establish amounts of money which will be spent for several years in the future to best facilitate Public Improvement Planning and make it possible to concentrate time and funds on those priority projectswhichcan be financed and constructed within the City's financial limitations: viii I q_, A very significant advantage of a formal fiscal policy is to demonstrate the need for additional revenue_ sources in future years by matching.- expenditures and indebtedness permitted by such a fiscal policy against the much greater need for additional public improvements. APPLICATION OF FUNDS the scheduling of programs for completion in this Capital Improvements In determining given to the many' discussions between the City program, consideration was g - ro osals, capital improvement and the administrative staff, general revenue sharing_P proposal by the City needs, and to comments received_at the two public meeting hest priority projects in each program area were funded first, rrity p scheduled for completion in later years. For the Council- The pr 1s fiscal year, this with the lower priority projects year basis. The:first purpose of conforming to the required changes in the City Capital Improvement Program has been revised t theffiscal yyear of 1976 - July 1, year of the program will now take place ro: cts scheduled for the first fiscal 197S through June 30,_1976. However, all p J year will be initiated during the first six months of 1975. ears of this prted by ogram, General Obligation Boedtsewhichbt dare to belfunded In each of the y major roJ - -- except for those non-recurring J P the Fiscal policy, P Approximately 10% of the entire 5-year over and above the normal annual issue. revenues. This amount includes app r. allocated to current operating eet $220,000 in Road Use Tax funds a sufficientich amountofen rthose funds,availableronsewer, construction projects, leaving as necessary. Water, expenditures have been indicated as.self supporting from revenues either annual basis for street maintenance and repair projects -— - and parking P on - an annual basis or through revenue _bond debt. ix INFORMAL COUNCIL DISCUSSION' NOVEMBER 25, -1975 - 1:00 P.M. The Iowa City City Council met in informal session on the 25th day of November, 1975, at 1:00 PM. in the Conference - Room at the Civic Center. Councilmembers present were: Davidsen, deProsse, Neuhauser... Absent: Czarnecki :(1:50 P.M.), Brandt. Council -elect present: "Balmer, Perret, Foster, Selzer. 5taffinemberspresent: 'Berlin,-Zelenka, Stolfus,"Hayek,` Strabala, Taylor. ; Mayor Pro -Tem Davidsen-presiding. S. R. Huntley was present to discuss the final programs - -: scheduled for the Bicentennial Week. He announced receipt of $500 from the State Bicentennial Commission. The Council agreed that he has done a -terrific job. Huntley 'listed expenses budget- ed as follows: Air Force, $50.00; Play script, $150; Hancher= Auditorium, '$750.00; Town Crier, $100.00; Printing,''$300.00; Contingency, $200.00., -He suggested that Council not give ped- ed-dler's'permits`for eek. dler's permits forthat week.- City Manager Neal Berlin asked Acting Finance Director City Pat Strabala to explain -the memo on Source and 'Application of Funds.-Strabala_explained,_first of all,, the need for ending balances which `allows -the City -to operate for the first 60 to 90 days of a year. Use of, unanticipated balances of $426,859 in four areas was explained;_ sources of all funding were reviewed along with hew sources amounting to $74,000 ($25,000`:from Social Services, - $9, -000 -from Park and Recreation, and $40,,000 from Sanitary Landfill). _- The City Manager noted he would notify Boards and Commis- sions for early input in the budget process and pointed out that fiscal conditions, will not provide the flexibility to deal with these:questions after the budget is approved. Mayor Czarnecki arrived, 1:50 P.M. Strabala requested Council'sindication if they wished to pursue -any of the items listed on Pages 2'and 3 of the memo, whether to take formal action toinitiatethese programs, or if they wished to -seeksources of'.funding from current operation' and maintenance area. The Statistical Charts show the ending balance of $173,000 as everythingi-on-the-Source and'Appli- cation of Funds was adopted and approved. `He commented that • - a project should not be done just because funds were avail- able, but a need by the people for it should be shann. Page'2 Council Discussion • ' - November 25, 1975 OCj P��e o. '0 7i! r_ 1'YIQf KO C� d {� MVIP W(H L)_ I �P E,�'/✓� /F,o (xS /k //'LLc�� .�+2- Council discussed each unfunded' activity as listed: ' �7��et. (1) Additional Staff, (2) Area'X Council on Aging; Staff to r r investigate and report, (3) Bicentennial Week, (4) Bus System -Operation, (5) Johnson County. Board'' of Health, Mos- quito°Control, (6)'Library-Study, (7) City,Spirit`Grant, (8).Trees, trimming, (9) Special Populations Involvement Program; Park &--Recreation Commission agreed on :_use of the $9,000 for this, (10) Tornado Warning System; bids are out, (11) University Heights Contract, (12) Policewomen's Locker Room,.and (13) Information and Referral Service. The City Manager referred to his memo of November 21 on Collective Bargaining, requesting; review of the process and staffing of negotiating for collective-bargaining and the philosophical framework from the 'City's -standpoint, ; ollec- _ following with Candy Morgan's --review iof the status-of_collec- tive-bargaining in Iowa City as it relates to State law, and tive executive'session for; policy direction on: other matters of collective bargaining. He then discussed the memo. Ellen :Flowers asked for an interpretation of^Seo. 17:(9), Procedures,'in'the 'Agree- • ment,;and the last paragraph of Page;1 of ,the memo. Atty. Hayek stated there `is specific definition for _discussion, -no but,_,it-was;, something ,Council 'should be careful about and not permit its own".negotiating team 'to be undermined through discussions ;with..employees. He stated that`if_you start talk- _ about monitoring how -the negotiating team informs Council, it gets into'.the- process 'of negotiating. `-Two-options.sug- gested were:: (1)" have.a Council member present -at negotia- tions;as an observer, possibly on'a rotating'basis,:or (2) have'open negotiating sessions. Atty. Hayek commented that it was not a`_question of justice or fairness, butwas a;ques- tion of the process on whichyou arrive at interpretation of these things, and it was -very =difficult to -negotiate` in the public eye. The Mayor stated; there was no way to resolve this issue at this point. City Manager Neal Berlin: pointed out that there were several.areas the City should be looking at when dealing with collective bargaining including equal treatment. -7 all employ- ees --'receiving like'benefits'-- minimizing' differences,_ as - well as others listed on pages 2 and 3 of his memo. Morgan explained the merit pay plan. The _City Manager"advised that -under the Union Contracts, if`the 'City were to continue.on that -basis, there would be a-$400;000 to$500,000 increase. CITY OF IOWA CITY -- 10/29/75 h. SOURCE 6 APPLICATION OF FUNDS -ESTIMATED COSTS FEDERAL GEN. REVENUE STATE SPECIAL MUNICIPAL OPERATION 6 MAINTENANCE Additional Staff: _ GRANT SHARING GRANT ASSISTANCE BUDGET UNFUNDED;- Legal_Division $ 7,500 Human Relations- $ 7,500 -- School Crossing Guard - 1,900 Area X Council on Aging Bicentennial Week:_ 703* 1,900 Bus System - Benton-Wardway" 2,000 171 162$1,000 -- $ 1,000** 7031_1, Information 3 Referral -United Way 10,110 $481833 `'^ $122,329 :.: Johnson Co._Bd. Health -Mosquito Cnt. 2,484 10,110 Landfill Equipment - Library Study 15,0002484 , National Endowment -City Spirit 14,200 21 966 - -15,000**1. 14,200 $10,983 - - Parks Tree Trimming, Request- equest Sex Sex Crime_Prevention r 15000 10,983-G Unit Special Population Involvement 25,000 Tornado Warning System University Heights Contract 70,00035 ,000 5,000 35,000 20 00 0 j„ Women's Police Locker Room 20,214 15.000 - -- 20,214 $392,239 $45;983 033 $1,000 S63, $162,329 2,570** $18,570 ,-: _12 430 $101,324 .:'.; Contribution @15C X 4258= $702.75 **Corresponding reduction to Operation S Maintenance