HomeMy WebLinkAbout1976-05-04 ResolutionRESOLUTION NO.
RESOLUTION AMENDING RESOLUTION NO. 73-148 BY
ALTERING THE MEMBERSHIP OF THE RIVERFRONT
COMMISSION FOR THE CITY OF IOWA CITY, IOWA.
WHEREAS, the City Council of the City of Iowa City has deemed
it in the public interest to establish a Riverfront
Commission to assist the City Council in the area of
riverfront regulations and policy, and
WHEREAS, the City Council has established by Resolution No.
73-148 a Riverfront Commission, its powers, authority,
membership and terms of members of said Commission,
and
WHEREAS, the City Council deems it desirable to expand the
membership of said Commission to include persons
residing in the City of Coralville and in Johnson
County,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, AS FOLLOWS:
1. Paragraph 2 of Resolution No. 73-148 be stricken
and shall now read:
2. The Riverfront Commission of the City of Iowa
City, Iowa, shall consist of eleven (11) members
or commissioners. Seven (7) of the members or
commissioners must be qualified electors of the
City of Iowa City, Iowa; three (3) shall be
qualified electors from Johnson County, Iowa,
excluding residents of Iowa City and Coralville,
and one (1) member shall be a qualified elector
of the City of Coralville, Iowa. The Commission
members shall be appointed in the following
manner: Nine (9) of the members or commissioners,
including those from outside Iowa City, Iowa,
shall be appointed by the City Council of the
City of Iowa City, upon recommendation by the
Mayor. Two (2) of the members or commissioners
shall be appointed by the City Council of the
City of Iowa City, Iowa, upon the respective
recommendation of the Planning and Zoning
Commission and the Parks and Recreation Commission.
All members of the Commissions shall serve without
compensation but shall be entitled to the necessary
expenses including travel expenses incurred in the
discharge of their duties.
2. Paragraph 3 of Resolution No. 73-148 shall be
amended to include the following:
The term of those members or commissioners who
reside outside the city limits fIowa
tCitythe
s.
Iowa, shall be three (3) Y members
initial appointments for the three
(3)(1) on
from Johnson County shall expireDecember 1, 1978,
December 1, 197D one (1> on1979*
and one (1) on December 1,
and seconded
It was moved bythat t e Resolution as read be
by1 call there were:
adopte , and upon ro
AYES: NAYS: ABSENT:
Balmer
dePrOsse
Foster
--
Neuhauser
Perret
Selzer
Vevera
Mayor
ATTEST:C Y.
City er
0
�?V .
`J
`1\^ RESOLUTION NO. 76=128
RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"C" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations:
Victor Vincent Woolums II dba/ A & V Pizza Villa, 431 Kirkwood
Lob
Avenue
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Ral MgZ__
and seconded by dav,„=sv that the
Resolution as read be adopted, and upon roll call there were:
Balmer
deProsse
Foster
eu auser
erre
e zer
evera
AYES: NAYS: ABSENT:
x
x
x
x
R
Passed this 4th day of May , 19 76
0
RESOLUTION
WHEREAS the Ci Ly Council of the City of Iowa City, Iowa
deems it :in the public :i.ntcres'L 'to proscribe by Ordinance
for the control, confinement, or des'trucLion of animals
cons:idercd as dangerous.
WHE'REAS, r1 dog, pre:;ently confined in -the Animal
Shelter of the City of Iowa City, Iowa ( said anixtal
owned by a I -Is. Ann:ir_ wa:T1CV, also called Annie Qui.gsbev;_•ry or
Carol Hodge, who reside:-. a -t Gasli.glvt Village, Brown Street,
Iowa City, Iowa dial on -the afternoon and ca 'y evening
bate and inflict open wounds upon the person:; of 'Pim Kelly,
Barbara Oakley and Officer S't'even Ileath.
(1) THEREFORE, the City Council. of -the City of Iowa City,
Iowa as provided by s¢:ction 11.71.6 of -the I-lunicipal Code
hereby sets 'Lhe date of May 4' ]476 a -L- 7:30 (p.m. )
for the purpose of a puF—Li_(: hearing for the destrucl.%on of
said do.a. The owner of the said dog shall, pursuant to 11.21..6,
be given notice of 'Lhe public hearing no less than seven (7)
days prior -to -the dale sct for -the hearing.
(2.) The City Manager is hereby authorized and direct,.d to
effcc'tuate -the prov -si.oi,s of this Resolution.
It was moved by and seconded by _
-that -the R.:c:oluLiori as read be adop'Led, .:!!d
upon roll call there were:
AYES:
NAYS:
ABSENT:
----_ -`— --- -- Balmer
DeProsce
Fos L-cr
Neuhauser.
Perre-t
Selzer
Passed and approve(' Chas
A'ltc;L
Cady C:Lcr
VCVera
clay of
, 39
•SOLUTION NO. 76-129 • j i /?
i/J
RESOLUTION ORDERING DESTRUCTION OF ANIMAL PURSUANT TO
CITY CODE.
WHEREAS, the City Council of Iowa City, Iowa, has received complaints con-
cerning a German shepherd/Husky dog belonging to Ms. Annie Warner, a/k/a Annie
Quigsberry, a/k/a Carol Hodge, Gaslight Village, Brown Street, Iowa City, Iowa,
which dog is identified by the name of "Hobo", and
WHEREAS, following the receipt of said complaints the City Council caused
a public hearing to be set pursuant to Section 4.21.6 of the City Code of
Iowa City to determine •Thether or not said animal is fierce, dangerous, or
vicious and to determine whether the owner has failed to restrain said animal
on her premises reasonably and to determine whether or not it is in the public
interest to destroy said animal, and
WHEREAS, notice of said public hearing was given as required by law to
the owner of said animal, Ms. Annie Warner, and
WHEREAS, at said hearing, which was held on May 4, 1976, the Council
received evidence concerning the nature of the animal and the conditions under
which the animal is maintained, and
WHEREAS, based upon the evidence presented at the hearing on May 4, 1976,
the City Council believes that the animal known as Hobo is fierce, dangerous,
and vicious and that the owner has failed to restrain the animal on her premises
reasonably and that it is in the public interest to cause the animal to be
destroyed.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA,
acting pursuant to Section 4.21.6 of the City Code of Iowa City that the animal
known as Hobo belonging to Ms. Annie Warner be declared a fierce, dangerous,
and vicious animal and further that the owner has failed to reasonably restrain
said animal and it is in the public interest for said animal to be destroyed.
The Council directs the City Manager to take the necessary steps to cause the
destruction, in humane manner, of the dog.
It was moved by Balmer and seconded by Vevera
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Foster
x Neuhauser
x Perret
x Selzer
x Vevera
Passed and approved this4th day of May 1976.
ATTEST: U Mayor
l G�GC+� � J
City Clerk '
0
•
0
0
RESOLUTION 76-130
0
RESOLUTICN /MENDING SALARIES AND COMPENSATION FOR CLASSIFIED
PERSONNEL, RESOLUTION NO. 75-183, AND PROVIDING FOR
VARIOUS POSITION CHANGES IN THE FINANCE DEPARTMENT.
l t2. r,77 �.
0
IMREAS, the City of Iowa City, Iowa, employs certain classified personnel,
and
WHEREAS, it is necessary to amend the classification plan included in
Resolution No. 75-183,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Iowa City,
Iowa, a Resolution No. 75-183 be amended by:
1. Eliminating the position of the Assistant Finance Director and in
lieu of that position establishing the position of Administrative Assistant -
Finance Department, in the administrative level.
It is moved by
deProsse and seconded by Perret that
the Resolution as rea e aTo-p-t—eT and upon roll call t ere were:
AYES:
NAYS: ABSENT:
x Balmer
x
deProsse
x
Foster
x
Neuhauser
x
Perret
x Selzer
x Vevera
Passed and approved this 4th day of May 1976.
Z
City ler C
� M1
yor
AFFIRMATIVE ACTION
The City of Iowa City has an Affirmative Action Policy to
promote and ensure equal opportunity for all persons
regardless of race, creed, color, national origin, religion,
sex, age or ancestry, employed or seeking employment,
city facilities or being serviced by the city. This policy
applies to every aspect of city employment practice.
The Human Relations Commission of the City of Iowa City
wishes to go on record supporting such an Affirmative Action
Policy.
Historically, women and minorities have been the victims
of discrimination in employment, as well as in othert the reahas
of their lives. It is only in recent years
attempted to change this situation, through affirmative action.
Hence affirmative action is a remedial program designed to
correct discrimination. Affirmative action is also expected
to prevent future employment discrimination which would tend
to prolong discriminatory practices.
Affirmative action then, deals with recruitment, hiring,
promotion, salaries and wages, and other personnel matters
in order to bring measurable, yearly improvement in
hiring, training and promotion of minorities and women.
Affirmative action in this instance is ea positive are not posture ance
on the part of an employer. If employ
with Title VII, it is possible that discrimination complaints
will be filed against that employer.
The Commission would like to remind the Council of the January
visit of Troy Scroggins, E.E.O. officer from Kansas City. A*
that time Mr. Scroggins shared with the Council. the legal
issue$ regarding noncompliance.
It is hoped that the City of Iowa City will continue its
efforts in the area of affirmative action.
The Commission would like to commend the efforts of the city's
Human Relations Department and the city Manager.
ie hope
that you, the council, will also support
RESOLUTION NO. 76-131 • ul
RESOLUTION ACCEPTING 322F.F.T IMPROVEMENTS
WHEREAS, the Engineering Department has certified that the following improvements
have been completed in accordance with plans and specifications of the City of Iowa
City,
paving on Woodside Drive South of University Lake Addition
(approximately 200 feet of paving done in connection with Melrose Lake Apts.)
are on file in
AND WHEREAS, Maintenance Bonds for
v ra Inc
the City Clerk's Office,
NOW THEREFORE BE IT RESOLVED by f Iows City
Ciuncil of Iowa City, Iowa, that said
improvements be accepted by Y o
that
It was moved by deProsse and seconded by Perret
the Resolution as read be accepted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera x
May 1976
Passed and approved this 4th day of
Mayor
ATTEST•_i zZ-CC-C��-
City Clerk L�
J
To the Honorable
Iowa City
Iowa
U
Engineer's Report
April 28, 1976
Mayor and City Council
0
Honorable Mayor and City Councilpersons:
I hereby certify that the construction of the improvements
leted in substantial accordance
listed below have been comp
with the plans and specificTheorequired emaing
ten ancebondlison
of the City of Iowa City.
on file in the City Clerks office:
Concrete paving for woodside Drive from the North
line of IVylde Nood Addition to the South line of
University Lake Addition as
Pavers
by Metro
Pavers Inc., of Iowa City,
I hereby recofinend that
a City -
Respectfully
above improvements be accepted
by the City of
Respectfully submitted,
C
�a
Eu ene A. Dietz, P.E.
City Engineer
EAD:med
P lmi.c I*OVE.MBENT MAINYENANCE 1309
Mil x[M sltt.NT_� INCE OF #152,191
�
;nob all Ecn PPt,Ftse 7-
' c r 7 i .tstnts=
That Metro Pavers, Inc. of
as Principal, and the State Surety Company
°f Des iloines, Iowa
and 8rn:ly bound unto the City of Iowa City, Iowa
Iowa City, Iowa
as Surety, s.e held
, in the penal sum of
--FIVE THOUSAND SEVEN HUNDF.ED FIFTY AND A'0/100------- (c5,750.00------) DOLLAPS
lawful money of the United States of America, for the payment of which, well and truly to be made,
the Principal and Surety bind themselves, their and each of their heirs, executors, administrators
successors and assigns, jointly and severally, firmly by hese presents.
Signed and delivered this 12th day of April
A.D. 19 76
Whereas, the said Principal entered into a certain contract, dated the day of
119 , with the , to furnish all the material
and labor necessary for the construction of
Approximately 638.88 square yards of 7" P.C.C. including curb and
gutter on Woodside Drive from north line of Wildwood Addition to
south line of University Lake Addition'
in the City of Iowa City , in conformity with certain specifications; and
Whereas, a further condition of said contract is that the said Principal should furnish a bond
of indemnity, g::aranteeing to remedy any defects in workmanship or materials that may develop
in said cork ,within a period of (S) five years from the date of acceptance of the work
under said contract; and
Whereas, the said State Surety Company
Of Des Moines, Iowa for a valuable consideration, has agreed to join with said
Principal in such bond or guarantee, indemnifying said City of Iota City as aforesaid;
Now, Therefore, the Condition of This Obligation is Such, that if the said Principal does and
shall, at his own cost and expense, remedy any and all defects that may develop in said work,
Rithin the period of five (5) years from the date of acceptance of the work under said con-
tract, by reason of had workmanship or poor material used in the construction of said work, and
shall keep all work in continuous good repair during said period, and shall in all other resnec:3,
comply with all the terms and conditions of said contract with respect to maintenance and repair
of said work, then this obligation to be null and void; othervise to be and remain in full force and
virtue in law.
-METRO-PAVERS.--INC,
-7-------- 'Principal
Aptroved---------------------------19
Ey-------------------------------------=E_S1TIiETY �OJdPAN3C--------- Surety
city solicit --or. l
By
l �r c,�
f itor.iey-in-Fact /� ,
,
'26- 2 y',
4111II� ,`
_Mis Power of Attorney limits the net of l namevt therein to the bonds and undertakit ecifically named therein, and
they have no authority to bind the Compan ept in the manner and to the extent there* ltd.
POWER OF ATTORNEY
STATE SURETY COMPANY
Des *Moines, Iowa
KNOW ALL MEN BY THESE PRESENTS:
That State Surety Company, a Corporation organized and existing under the laws of the State of Iowa, by 11. J. Long
Vice President in pursuance of authority granted by Section 1, Article Il of its By -Laws to wit:
Title
"The Chairman of the Board, the President, any Vice -President or any Assistant Vice -President, the Secretary or any Assistant
Secretary or the Treasurer shall have authority to issue bonds, policies or undertakings in the name of the Company. The
Chairman of the Board, the President or any Vice -President, or any Assistant Vice -President, in conjunction with the Secretary
or any Assistant Secretary may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evi.
dencing the appointment in earh case, for and on behalf of the Company to execute and deliver and to affix the seal of the
Company to bonds. undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such
attorney-in-fact or agent and revoke any power of attorney granted to such person."
does hereby nominate• constitute and appoint
C. B. Condon or C. A. La Ftair, II or C. J. Grant, Jr. or James F. Norris or James
E. Ttrompson of Des tloines,Iowa
its true and lawful agent and Attorney in Fact, to make• execute, seal and deliver, for. and on its behalf as Surety, and as
its act and deed:
Any and all bonds or undertakings
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as
fully and amply, to all intents and purposes, as if such bond had been duly executed and acknowledged by one of the
regularly elected officers of the Company in their own proper person.
This Power of Attorney or any certificate thereof may be signed anti scaled by facsimile under and by the authority granted
by Section 1, Article Il, Paragraph 1 of its By -Laws to wit:
"The signature of any authorized officer anti the seal of the Company may be affixed by facsimile to any power of attorney
or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligation of the Company; and such signature unit seal when so used shall have the same force and effect as though manually
affixed."
It is certified by the officers signing that the foregoing is a true copy of Section I, Article 11 of the By -Laws of said Company,
duly adopted and recorded, and is now in force.
IN WITNESS WFIFREOF, we have hereunto subscriber) our names and affixed the corporate seal of the said State Surety
Company this- 4th_.day of__J_anuaX3F___.___ _,I!I 7?—.
STATE SURETY C011PANY
Assistant Sec tary
State of_. Iowa
Polk
County of )
S. ,
On January 4, 1972 before me, a notary public in and for said County, personally appeared ,ki. J. Long
persona!ly known who being by me duly sworn, did say that he is ViCe President _ of State Surety
Company. of Des Moines, Iowa, created• organized and existing under and by virtue of the laws of the State of Iowa•
that the attached instrument was signed and sealed on behalf of State Surety Company by authority of its Board of
Directors and the said 11__1—Lortg.__. acknowledged the execution of said instrument to be the voluntary
act and deed of State Surety Company by it voluntarily executed.
IN WITNF. S WHEREOF, I have hereunto subscribed by name and affixed m • icial seal at Des 11ine5. Iowa
the day and year last above written.
L� l
My commission expires July 4 19 Z2 IOWA (7� �7
i
T Notary Public
Charles L. Hollingsworth CFRTIFICATE
The undersigned, .—_Assistant _ Secretary of State Surety Company, does hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney executed by said State Surety Company, which is still in force and
effect.
In Testimocy Whereof. I have hereunto subscribedm name and affixed the corporate sent of the said Company, this
12t1 _day of April
2588 (Rev. 1/70)
Assistant Secza a
RESOLUTION NO.7_ 6-132
RI:SOL111,10N APpROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND 11iV1
EiSTTM77 SLURRYSEAL
OF
EPROJECT ION OF
'
ESTABLISHING AMOUNT OF BID SECURITY ru na.. "
ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS,
PLACE FOR RECEIPT OF BIDS.
ANY -EACH BID, DIRECT -
AND FIXING TIME AND
WHEREAS, notice of public hearing on the plans, specifications, form Of contract,
and estimate of cost for the construction of the above-named project was published as
required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA=
1. That the plans, specifications,form f contrreby act, and estimate of cost for
the construction of the above-named project
on
2. That the amount of bid security to accompany each bid for the constton of
the above-named project shall be in the amount of
$7,000 payable
Treasurer, City of Iowa City, Iowa.
reby authorized and directed ec publish notice for
3. That the City Clerk is he in a
the receipt of bids for the construction of e abo cirve-nculated ion3intthe city notless
published at least once weekly and having a ge
than four (4) nor more than twenty (20) days before the date established for the receipt
of bids.
4. That bids for the construction of the above-named project are to be received
by the City of Iowa City, Iowa, at the Office of the City Clerk; at 1976 a Civic Center,
Thereafter,
until 10'00'A.M.-- — on the 20th day of May and
the bids will be opened by the City Manager Or desk ted retire f r'actlon upon said
thereupon referred to the Council of the City of Iowa City, IOWA,
Civic Cen
bids at its next meeting to be held at the day Chambers, I,Lter, Iowa City,
_, 19�{L•
Iowa, at 7:30 P.M. on the 25th Y of
4C
0 9
Page 2
Resolution No. 76-132
It was moved by Balmer and seconded by Selzer that
the Resolution as reaT-Fe-acTo-p-t-e-cT, and upon roll ca t ere were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x
Foster
x Neuhauser
x Perret
x Selzer
x Vevera
Passed and approved this 4th day of May, _, 1976.
ATTEST:
CITY CLERK
MAYOR
S '
RESOLUTION NO. 76-133
RESOLUTION APPROVING CONTRACT FOR
LEGAL SERVICES
WHEREAS, the City of Iowa City, Iowa, acting as local public
agency in connection with urban renewal project Iowa R-14, and,
WHEREAS, it is, pursuant to regulations of the Department of
Housing and Urban Development, necessary to enter into a litigation
contract with the City Attorney for litigation services in connection with
Eastham, et al v. City of Iowa City now pending in Johnson County District
Court.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
IOWA CITY, IOWA, that the attached litigation agreement with Attorney
John W. Hayek of Iowa City, Iowa, be and the same is hereby approved
and the Mayor and City Clerk are hereby authorized and directed to execute
the same on behalf of the City.
It was moved by Foster
and seconded by Vevera
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
' Res. No. 76-133
Page 2
Selzer
Vevera
•
- 2 -
AYES: NAYS: ABSENT:
x
x
Passed and approved this 4th day of May 1976.
-JI !hltr ,�. j!(LLjt11UtC
Mayor
I J %
ATTEST
City Clerk �J
5
0 •
WILL J. HAYEK HAYEK. HAYEK a HAYEK
JOHN W. HAYEK ATTORNEYS AT LAW
C. PETER HAYEK IIO EAST WASHINGTON STREET AREA CODE MT;
IOWA CITY. IOWA 52240 337-9606
April 26, 1976
The Honorable Mayor and
City Council of Iowa City
Civic: Center
Iowa City, Iowa 52240
Re: Litigation Contract
XIayor and Council Members:
Attached you will find a contract for litigation services in
connection with the Eastham suit. Also attached you will find a letter
from the Regional Counsel's office requesting that the enter into a
separate contract for this lawsuit. The form of contract is a standard
HUD form contract and provides for fees to be paid at the rate of $35. 00
an hour until July 1, 1976, the beginning of a new fiscal year, and at the
rate of $40. 00 per hour thereafter. Mr. Townsend in his letter of March
5, 1976, does approve the $40. 00 per hour fee basis. This rate for lit-
igation is consistent with the amount in the budget for fiscal year 1977.
The City in the past has entered into litigation contracts with
me concerning urban renewal lawsuits and this contract is consistent
with that past practice. If you have any questions about this matter
please do not hesitate to contact me.
Respectfully sub pitted,
�t
ohn V. Hayek 1
Enclosure
�'�APR2o71976
ABBIE STOLFUS
CITY CLERK
NiNI OF•Vlil ivb ANI UIi L1Ai•
DEPA RTUtVtL.V 1-Llu.•
REGIONAL OFFICE
FFICE BUILDING, 911 WALNUT STREET
1 ROOM 300, FEDERAL O ( RI 64106 KANSAS CITY. MISSOURI
March 5, 1976
REGION VII
Mr. John W. Hayek
Attorney at Law
110 East Washington street
Iowa City, Iowa 52240
Dear Mr. Hayek:
- City Of
Subject: Charles Easihoaa; pistr�ct Court of the
Iowa city,
State of Iowa, Equity No. 43095
IN REPLV REFER TO%
7GE:McNally
In reference to your February 25, 1976, letter, we
have slightly revised the litigation contract and
execut
would prefer that a separate contract be enclose
for each pending lawsuit. Ther
aoon�contract for
two copies of the revised litigation
us one
completion and execution.
Please executed contract.
objectionWe have no
er hour fee
July1 ' 1976. ife can be ofpfurther assistance,n9
please let us know.
Sincerely,
P. A. Townsend
Regional Counsel
Enclosures -2
AREA 01'FICI:S MISSOURI
A
KNSAS CITY. KANSAS•OMAHA. vERnnSKP•9T. LOUIS.
In nlnK OINC•• n.w.
pe• Ala n,. n. 4. w•Tnl•^a n, w•
• 0
AGREEMENT FOR LITIGATION SERVICES
THIS AGREEMENT entered into this
day of April
19 76 , by and between ___tliD—••
�-L�Y< <_a City Iowa
State of oy a herein called the "Local Public Agency,' and
---s79hiiyy._llaveic
Attorney, 110 East Washin on Street
rss
-- engaged in the practice of law in the C9ty of
Iowa Cites_ State of Iowa
herein called
"Counsel."
WITNESSETH THAT:
WHEREAS, the Local Public Agency has under date of July
19 70 , entered into a contract (herein called "Federal Aid Contract") with '
the United States of America (herein called the "Government") acting through
the Secretary Of Housing and Urban Development, for financial aid onderx
as amended, for a(n) urban
renewal project, identified as Project No.
Iowa Ii, -14
and
WHEREAS,/ a suit is now pending in the Johnson County District Court in
Johnson County, entitled Eastham, et al v. City of Iowa City, being cause no.
43095, seeking an injunction in connection
land. with the disposition of urban renewal
1/ describe the nature of the legal services or litigation, the principal
issues, the claimants, style of the lawsuit, case number, forum, etc.
9 0
WHEREAS, the Local Public Agency desires to engage Counsel to
represent the Local Public Agency in said legal proceedings, including
any ensuing appeal.
NOW, THEREFORE, the parties do agree as follows:
1. SCOPE OF SERVICES. Counsel shall perform all legal services in
connection with the above -identified legal proceedings in lower or trial
court and appellate courts.
Counsel
e to commence
2. execrvice
utMonOofpthiOsRMANCE. The Agreement, and eshall sbe undertaken rand completed insuch
sequence as to assure their expeditious completion in the light of the
purposes of this Agreement.
Aun MPTunDS OF PAYMENT.
(a) Compensation, basis
(1) Fee Basis. Fees shall be charged either on an hourly
for al egal services rendered in connection with the legal
proceedings, both office and court work, or on a combined hourly
shall
y
and per diem basis. In the which, einent, toweroorltrial court
apply to legal services edi recedes or follows the actual
stage of the legal proceedings, p
trial (e.g. conferences, interviews, communications, legal
research, drafting of pleadings, trial briefs, law memoranda,
discovery depositions, pretrial, petitions for rehearing
or new
trial, and the filing of, presentation of, or court appearannd
ces
in opposition to motions, pleadings and proposed orders); recedes
(2) which, in any appeal stage of the legal proceedings, p,
or follows the argument or hearing on app (e.g. research and
briefs, motions, stipulationsconferences,
perfdiemcratele9flspeciified. shall
petitions for rehearing).
4
work; by whom performed if more than one attorney
iistinvolved;
the time appropriately charged thereto (prorated
of 10
or 15 minutes an hour, or multiples thereof, in connection with
services charged on an hourly rate basis, and in terms of a quarter
day, or multiples thereof in connection with per diem rate basis);
and the total number of hours and/or days charged under each rate
for each attorney. Such statements shall be submitted
missihly if
except that the Local Public Agency may
waive such unbilled fees do not exceed $200 and a fee statement is submitted
and in any event not less often than quarterly.
for (2) Timing of Payment. Notwithstanding
thesuchrequirement shall not
dic
statements in subparagraph (d)(1) above,
final disposition of the
statements
be paid by the Local Public Agency
case in the court for which the legal services covered by the
statement pertain; provided, that in cases where
ereuthe trialallypcouracted
rt
stage of the litigation or an ensuing appeal
or a relative substantial amount of fees has been earned but might
not otherwise be payable under the foregoing requirement for three
or more months; then seventy-five percent of the fees charged and
at the request of counsel, be disbursed
approved for payment may,
without prejudice on the part of the Local Public Agency to
subsequently disapprove the remaining twenty-five percent or any
subsequently charged fees and expenses in the event and to the
extent it is later dapproveddforthat
paymentfees,
underfthis Agreement,
not dis
could not have been app
either because of the ineligibility of specific items of legal
ovable
services or in the light of the amount of the total fee app
hereunder.
(3) Approval of the Government. Notwithstanding any other
provision of this Agreement, no part of the fees, reimbursement
or compensation charged by Counsel under this Agreement, toaideb
extent such fees, reimbursement or com ensation are to be p y
the Local Public Agency from funds subject to the provisions of
the Federal Aid Contract, shall be paid to Counsel without approval
of the Regional Counsel of the Department of Housing and Urban
Development prior to the payment thereof, in whole or in part.
4. SUBMISSION OF PAPERS AND DOCUMENTS TO THE GOVERNMENT. At appropriate
times during t e
litigation, or upon request o t e Loca Public Agency or
the Government, Counsel shall submit to Regions 911 a1nutSeKanDsasacity, of
Housing and Urban Development,
Missouri 64106, one copy of all such pleadings, motions, orders, briefs
emor
ofdRegionalPCounseloofmHUD, acharged.
legal oinionsCounsel shall also provideaecomplete stat
tus
report.
3
apply only to the actual trial, to actual oral argument or hearing
on appeal, and while in travel status for a day or more, to hereof for portionsof
prorated as provided in paragraph (d)(1)
a day after the first day.
(2) Amoun t Fees. The hourly rate shal1.be $ 35�— per
hour xjOx4xxxx� jQCX>PmldaxxaatttmlxeC*A
Rte for principal
counsel, xxxx_ &m&)5c'°`x— x–�xxesp Dds
sacci�e
¢ounseixandcfxxxx� `xand $ 10�.
respectively, for junior
counsel/law clerk. 1 Por services rendered after July 1, 1976,
principal counsel shall be paid at the rate of $40. 00 per hour.
(b) Reimbursement.
In addition to the compensation provided above, the
nsesl public
Agency will reimburse Counsel for the following exp -
P
(1) Necessary Travel and Subsistence Expenervices nersuant in connection
with the p ance of he actual
>
Agreement. ase
cagrier,uoontheesumtof15 cents per milecost of his sif the
lon
by
mon
travel $2 for actualsubsistenc
per privately
expense; and, to
exceed 525 per day
(2) Such filing costs, witness fees, printing expenses, long
distance telephone calls and telegrams, feeenses of similarcostsof
process, court reporter's charges,
relating tegahowevedr,nsuchnexpenses lshall ly anotainclude anormal
client; provided,enser,
office operating exp
(c) Estimated Maximum Compensation and KelmDur�,e111c-"
It is estimated that the total compensation and reimbuI which paid
hereunder shall be a maximum of ment
,, shall be considered
howeverfor the purposes of this 9ree
only as an estimate and not a limitation.
(d) Methods of payment. to
(1) Monthly statements. As a condition precedent to any payment
e Local
Counsel under iniduplicatena,statementshall
accounttwhichhclearly
Public Agency the designated items of
sets forth by dates (year, month, day):
Strike where inapplicable. No more than one attorney may be compensated
pursuant to this contract for services rendered at the trial without the
prior approval of the Reqional Counsel. y
•
0
5. EMPLOYMENT OF OTHER COUNSEL, SPECIALIST OR EXPERTS. Counsel will not
employ or otherwise incur an obligation to pay other counsel, specialists,
or experts for services in connection with the legal proceedings without
prior approval of the Local Public Agency and the Regional Counsel of HUD.
6. TERMINATION OF AGREEMENT AND LEGAL SERVICES. This Agreement and all
legal services to be rendered hereunder may a terminated at any time by
written notice from either party, with or without cause. In such event,
all finished and unfinished documents, pleadings, exhibits, project data,
reports and evidence shall, at the option of the Local Public Agency,
become its property and shall be delivered to it or to any party it may
designate. In the event of such termination, Counsel shall be paid for all
satisfactory work, unless such termination is made for cause, in which
event compensation, if any, shall be adjusted in the light of the particular
facts and circumstances involved in such termination.
7. INTEREST OF MEMBERS OF LOCAL PUBLIC AGENCY. No member of the governing
body of the Local Public Agency, and no other officer, employee, or agent
of the Local Public Agency who exercises any functions or responsibilities
in connection with carrying out the Project to which the litigation
pertains, shall have any personal interest, direct or indirect, in this
Agreement.
8. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing
body of the oca ity in which the roiect is situated, and no other public
official of such locality, who exercises any functions or responsibilities
in the review or approval of the carrying out the Project to which the
legal proceedings pertain, shall have any personal interest, direct or
indirect, in this Agreement.
9. INTEREST OF CERTAIN FEDERAL OFFICIALS. No member of or delegate to
the Congress of the United States, and no Resident Commission, shall be
admitted to any share or part of this Agreement or to any benefit to arise
therefrom.
10. INTEREST OF COUNSEL. Counsel (including partners, associates and
professional employees) covenants that he does not now have any interest,
direct or indirect, in the area covered by the Project (sometimes called
this "Project Area," which Project Area is more particularly described in
the pertinent Federal Aid Contract) or any parcels therein or any other
interest which would conflict in any manner or degree with the performance
of his services hereunder. Counsel further covenants that in the performance
of his duties hereunder, no person having any such interest shall be employed
and that no partner, associates or professional employee is now or shall
represent any party in litigation against either the Local Public Agency
or HUD.
11. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agree-
ment, Counsel agrees as o ows..
(a) Counsel will not discriminate against any employee or applicant
for employment because of race, creed, color, sex or national origin.
Counsel will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, creed, color, sex or national origin. Such action
shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment adver-
tising; layoff or termination; rates of pay or other forms of
Counsel compensation; aselectionnd
nselagreesto Postintraining
conspicuousplaces, availablertotemployees
and applicants for employment, notice to be provided by the Local
Public Agency setting forth the provisions of this nondiscrimination
clause.
(b) Counsel will, in all solicitations or advertisement for employees
Placed by or on behalf of Counsel, state that all qualified applicants
will receive consideration for employment without regard to race,
creed, color, sex, or national origin.
(c) Counsel will cause the foregoing provisions to be inserted in
all subcontracts for any work covered by this Agreement so that such
provisions will be binding upon each subcontractor.
IN WITNESS WHEREOF, the Local Public Agency and Counsel have executed
this Agreement as of the date first above written.
ATTEST:
City Clerk
0-t fwa it Iowa
Mgency
13y
Mayor
By
�c
I�