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HomeMy WebLinkAbout1976-05-25 ResolutionRESOLUTION 110. RESOLUTION SETTING A PUBLIC HEARING ON THE REVOCATION OF A RETAIL BEER PERMIT ISSUED TO OUIK TRIP, INC. i WHEREAS, the City Council on February 10, 1976 'issued a retail beer permit to QuiikTrip, Inc. located at 225 S. Gilbert Street, Iowa City, Iowa, and i WHEREAS, the Acting Building Official has;iecommended that said permit be revoked on the\basis of noncompliance with/the provisions of Chapter 104A of the Code of Iowt,(1975), pertaining to the accessibility of the premises to the handicapped, \d.\ ;� WHEREAS, pursuant to the provisions of State law and local ordinances, City Council may revoke any beer permit issued for noncompliance with State law. NOW, THEREFORE, BE IT RESOLVED'BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a public hearing be conducted on June 8, 1976, on the revokation of a retail beer permit issued to Quik Trip, Inc. and that the City Clerk be directed to publish notice of said hearing. It was moved by \ and seconded by that the Resolution as read be adopted,, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse i Foster Passed and approved this ATTEST: City Clerk Neuhauser Perret Selzer Vevera day of Mayor 1976. the RESOLUTION NO. 76-146 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMI-(N BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: David Alberhasky dba/the Poxhcad Tavern, 402 E. Market Iowa City Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as re_a Tie adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Ve :•era x Passed and approved this 25th day of May 1 1976 RESOLUTION NO. 76-147 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUTT A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application rove is hereby appor the following named person or persons at the following described location: George Robert Dane dba/the Nickelodeon, 208 N. Linn Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Balmer and seconded by Perret as rea a adopted, and upon_r_o11 caTL AYES: NAYS: V x Foster x Neuhauser x Perret x Selzer x Vevera x ABSENT: Passed and approved this 25th day of May 1 19 0 • RESOLUTION NO. 76-198 1'%1P RESOLUTION TO REFUND BEER PERMIT WHEREAS, the C.O.D. Steam Laundry at 211 Iowa Ave. liquor has surrendered?iC permit No.0-7833 , expiring November 27, 1976 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ S22.SO payable to the C.O.D. Steam Laundry liquor for refund ofxbnc permit No. C-7833 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAPS: ABSENT: Balmer x deProsse x Foster x Neuhauser x PerrPt x Selzer x Vf VPT� X Passed this 25th day of Ma 19 76 �IJ\ RESOLUTION NO. 76-149 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Long John Silver's, 1940 Lower Muscatine Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by d P and seconded b that the Resolution as rea a adopted, and u on ro ever there were: P ca AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 25th day of —May 19 76. 0 RESOLUTION NO. 76-150 RESOLUTION OF APPROVAL OF CLASS B BEER LICENSE APPLICATION. SUNDAY SALES 13E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B BEER Sunday Sales Permit application is hereby approvedorrttFie lollowing named person or persons at the following described location: Long John Silver's, 1940 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Vevera that the Resolution as reade s op e , and upon roll call there were: AYES: NAYS: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x ABSENT: Vevera x Passed this 25th day of May , 1976 RESOLUTION N0, 9 L OWN—}�E CIGARETTE PERMITS WHEREAS, the following firms and Persons have made a bind, and paid the mulct tax required by law for the sale of cigarettes and g applications filed the Papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF, IOWA CITY, IOWA, that the a b(' granted and the cigarette bond now on file in the office of the City Clerk be and the same are herebya applications to issue a e approved, and the City Clerk be and he is hereby directed Permit co sail cigarette papers and cigarettes to the following named Persona and firsts; George and Meta Ireland dba/Goody Shop, Clinton Street Mall It was moved by deProsse that the Resolution as res were: be a and seconded by Vevera opted, and upon roll call there AYES: NAYS: ABS=T_ Balmer X deProsse �— x Foster X Neuhauser X Perret x Selzer X Vevera X Passed this 25th day of May 19 76 • RESOLUTION NO. 76-152 • RESOLUTION SUPPORTING IIIF JOHNSON COLIN" BONI) IISSUEFOR A -IOIYr U\IVI.CIATY hIIE[LEAS, The City Council of Iowa City, Iowa and the Board of Supe -visors of Johnson County, cooperative Iowa jointly believe that leforcement within i undertakings. the respective jurisdictions can best be served by promotingIowa and WHEREAS, facilities shared by the Police Department of Iowa City, > the Sheriff's Department of Johnson County, Iowa should enhance the effectiveness and efficiency of both departments. WUFREAS, a duplication of space and similarity of efforts now exists, to some degree, between the respective law enforcement agencies. WHEREAS, the present Johnson County Jai.L is in poor condition and hi need of replacement; IVIIF.RAs, the Johnson County Courthouse is to architectural d has qualified has been placed on the National Register of Uisand preseral vatioces n;d has q for federal funds to assist in its restoration and P Iowa supports NOW TIIEREPORE, be it resolved that the City Council of Iowa City, the concept of shared law enforcement facilities and restoration of the on Johns County Courthouse to better serve the citizens of Iowa City and of all ei Johnson County. Balmer and seconded by deProsse It was moved by P and upon roll call trere were: that the Resolution as rea c a o Pte( , AYES: NAYS: ABS Balmer X _ deProsse x Poster X Neuhauser X Perret x Selzer x Vevern x 76 25th May 19 passed and approved this day of i ayor �� ATresr: •7 �l% City Clerk ACCOUNT NO. --___1 40 _RATING NAME. CREDIT LIMIT ADDRESS �, 13, 10� ITEMS Mill DE01TV NI -D DAIC 'I III cncoiyn DALANCE '00 :A L- -- ---- ----- I. - 7d 00 -117/7 C3, ,7LIV 7(1� igepz-- . If /T 'i A, e> 11 1 11 !I . 1 ; - : I io C) Cpl. >dG'ou 7 ell 4! Af.l:l IIIN1 NU N Il ,11 1 .til it, lir NO. ._ ADDRESS -- - - --___. _--CREDIT LIMIT TER AfS � DATC r�uo v 11 s jll DALANCE — '? I• '`' _ _:�: J I•._ II HCOITS C I ' + o[oiT L� ou di -coli if- % J re),1116, ,ict; \clI7 V C", I � - --itr j I • I r� 6 -� - : r I ;- � - ala .; � d �'yr�� � _ - ���(!r .... .�C iii �j..--::- _lt. /'✓ jl � , t I I , I 1 ..I � ! � �I __ _ --- r' - j+' iF .: �.._: �=i-,-_-Ij-._i...i; J,Cl Gro c-1 !J jJ6 c �• - - `/ RATING ACCOUNT NO. -_I O.f_/%'L-^ ,NAME CREDIT L/hl/T- ADDRE:SS TERMS NI -n I' DATE ITEMS -- "-- _-- I, I� /0110 IIyII DEDITS II cn EolTu `�l 1i DALANCE !,. 70 ej oo 3S3U U �i I• i'/ 3/�s it a �I I I i "y,31.9 7oc!oo,;! I. I' �/� I II ; � ' � � '� � I � i I iil �' c.��iOCI I .- vi$�CS�Coll Gj o ' ' /L l� �i I i' j I i I' 7oG ou j I j s-7 Alp - '71a Z � 7oG,o J II ,_I 7uG Gol I j'I I I 'I I A/4 r0 G 7u6 ac), 76, L I ACCOUNT N NA Af E ADDRESS ITEMS ./Ille AIIV ao 3 7 Ie, SHECT NO.._...._... - RATING CREDIT LIMIT TLR74S FOLIO DEnITS 1/66 I C) w 1,00 II i li 11 II I II ii 11 I I I I CREDITS C) w 1,00 it III it it 1 DALANCE • RESOLUTION NO. 76-153 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $385,000.00 ESSENTIAL CORPORATE PURPOSE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City,. Iowa, is in need of funds to carry out an essential corporate purpose project as hereinafter described; and, it is deemed necessary and advisable that said Municipality should issue general obligation Essential Corporate Purpose Bonds to the amount of $385,000.00, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said Municipality to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council 7:30 Chambers in the Civic Center, at Iowa City, Iowa, at o'clock P. M., on the 8th day of 1976, for the purpose of t k nia g action on the matter of the issuance of $385,000.00 Essential Corporate Purpose Bonds of said Municipality for the purpose of providing funds to pay the costs of the construction of street and sidewalk improvements, the acquisition and installation of traffic control devices and storm sewers at various locations within the City Of Iowa City, including such improvements in connection with projects designated as the Washington Street Mall, Asphalt Resurfacing Improvement Program, Highway 6-218-1 Intersection Improvements, East-West One Way Couplet Project nl and Highway 6-218 Storm Sewer Project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said Municipality, publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- AHLER9. coONEY. DORWEILER. HAYNIE N SMITH. LAWYER9. DES MOINES. IOWA NOTICE OF MEETING OF THE I COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE T ER OF000.00 HEESSENTIAL ROPOSEISSUANCE p CORPORATE PURPOSE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 1976, at 7:30 o clock 8th day of June -� —in in the Council Ch ers of the Civic Center, to Iowa City, Iowa, at which meeting the Council proposes take additional action for the i sof snsaidfCitys'000.0 Essential Corporate Purposea costs of the construction in order to provide funds to paynts, the acquisition and of street and sidewalk impsewers at Of Iowa City, including installation of traffic control devices and storm various locations within the City ro ects designated as such improvements in connectSnhalthResurfacing Improvement the Washington Street Mall, P Improvements, Program, Highway 6-218-1 IntereC�tinandHighway 6-218 East-West One Way Couplet Proj Storm Sewer Project. shall At the above meeting the Council of said Cityor receive oral or written objections from any resident After property owner of said City, to the above action Council ll objections have been received aadjournmentonsiderend c thereof, take will at this meeting or at any additional action for al tth issuaceo issue said bondsof id bonds or will abandon the prop This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. , 197;6. Dated this 28th day of May ed) Clerk of the City,bf Iowa (End of Notice) ED, this 25th day of May PASSED AND APPROV 1976. ATTEST: 4� Clerx IOWA AHLERS. GOONEY. DORWZILER. HA NIL 6 SMITH• "%vycRa. DES MOIN:9. CL•'l2TIFI _i,TLi 9 COMPLETE & RETURN TO BARB. HAYNIE STATE OF IOWA ) / SS. COUNTY OF _ JOHNSON ) I, the undeYsigned (City)k*X-=) Clerk of Iowa City Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the mcn.ting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or'rescinded in any way; that meeting and all action thereat was duly and publicly held pursuant to the rules of the Council and the provisions of Chapter 28A, Code of Iowa, upon advance notice to the public and media as required by said law and with members of the public present in attendance; " I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of Che individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 25th day of May 1976, ler}: of the Cit I wa ity, wa C( SEAL CITY OF IOWA CITY TENTATIVE FINANCING TIMETABLE May 19 Council Agenda - Provide information and Resolution setting hearing date on issuance of bonds to City Manager May 25 *Resolution setting bearing date for Issuance of Bonds for June 8 adopted by City Council June 1 Publication of Notice of Hearing June 8 *Public Hearing on Issuance of Bonds June 23 Last day for appeals 1914. .lune 29 *Resolution setting time and place for sale of bonds adopted. Official statement mailed. .July 1 Notice of Bond Sale published for first consecutive week locally. Notice of Bond Sale published in Bond Buyer. July 8 Notice of Bond Sale for second successive week locally ,July 13 Formal Council Meeting - no action required. Special meeting for Thursday bid opening July 15 Bond Sale - Bid opening 12:00 noon Civic Center Adopt Resolution authorizing the debt service levy. August 16 Anticipated delivery and settlement date *Scheduled Formal Council Meetings DEPARTMENT OF FINANCE April 28, 1976 ELI J. W1RTZ TCRRV L. MONSON May 21, 1976 . LaNCEA. CnPPOCK iir. Patrick J. Strabala, Finance Director Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: $385,000.00 Essential Corporate Purpose Bonds Dear Pat: We have now prepared and are enclosing herewith suggested proceedings to be acted upon by the Council in fixing the date of a meeting on the proposition to issue the above mentioned bonds and ordering publication of a notice of hearing on said meeting, pursuant to the.provisions of Code Section 384.25. The amount of the issue and the purpose have been revised in accordance with your instructions. Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The date of publication is to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. In computing time, the date of publication whole ofetile cfollowing fmondayashould belexcluded ls on n(the See ICS 4.1(23).) Also enclosed are two extra copies of the proceedings to be filled in as the original and certified back tothis office, together with publisher's affidavit covering publication said notice of hearing in duplicate. We are also enclosing an extra copy of the notice of hearing to be turned over to the newspaper for publication purposes. A certificate to attest the proceedings is also enclosed. AREA COOE 515 243.7611 ti • • V CUWIN U. UaRPCNTER'/� RCTIREO JAM f.PHLER6 JaME3 EVANs coDMETAHLERS, Nlun J. aoRwu LCR COONEY, DORW EILE R. HAYNIE LAWYERS Sc SMITH L1 KENNETH M. H-IN1E M. RICM.RU SMITH 120 LIOERT' OLIILOINO J4ME5 L. KRaMUECK JOHN f. MCKIN NE". JR. L.W. ROSEUROOK nm M.Ro r. s.vn SIXTH AND GRAND DES MOINES, IOWA 50309 ELI J. W1RTZ TCRRV L. MONSON May 21, 1976 . LaNCEA. CnPPOCK iir. Patrick J. Strabala, Finance Director Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: $385,000.00 Essential Corporate Purpose Bonds Dear Pat: We have now prepared and are enclosing herewith suggested proceedings to be acted upon by the Council in fixing the date of a meeting on the proposition to issue the above mentioned bonds and ordering publication of a notice of hearing on said meeting, pursuant to the.provisions of Code Section 384.25. The amount of the issue and the purpose have been revised in accordance with your instructions. Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The date of publication is to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. In computing time, the date of publication whole ofetile cfollowing fmondayashould belexcluded ls on n(the See ICS 4.1(23).) Also enclosed are two extra copies of the proceedings to be filled in as the original and certified back tothis office, together with publisher's affidavit covering publication said notice of hearing in duplicate. We are also enclosing an extra copy of the notice of hearing to be turned over to the newspaper for publication purposes. A certificate to attest the proceedings is also enclosed. Mr. Patrick Page 2 May 21, 1576 0 J. Strabala, Finance Director 0 At the time of said hearing the Council shall receive oral or written objections from any resident or property owner to the proposed action to issue said bonds. after all objections have been received and considered, the Council is required, at that meeting or at any adjournment thereof, to take additional action for the issuance of said bonds or to abandon the proposal to issue said bonds. Your attention is called to the provisions of Chapter 28A of the Code of Iowa, which chapter requires that all meetings at which action was taken in connection with a public improvement project and/or bond issue, were open to the public at all times and that advance public notice of the time and place of each of said meetings was duly given by notification to the communications media in or serving the City or in some other way which would give reasonable notice to the public of said meetings. We will request a certificate, covering compliance with this Code chapter at a later date; therefore, we felt it important to mention this to you at the very outset of this matter so that steps will be taken to comply with the provisions of said Chapter 7.8A. We will prepare and forward to you in the near future, suggested procedure to be acted upon on the date of said hearing. If you have any questions pertaining to the proceedings enclosed or the above mentioned instructions, please do not hesitate to either write or call. Very truly yours, AHLERS, ONEY, RWEILER, HAYNIE & SMITH By Y.HH: rc Encl. cc: Mr. John W. Hayek Mr.. Ronald Norene RESOLUTION NO. 76-154 RESOLUTION ACCEPTING AND APPROVING THE FINAL PLAT IN SUBDIVISION OF DEAN OAKES FIRST ADDITION TO IOWA CITY, IOWA. WHEREAS, THE OWNER, Dean G. Oakes and Evelyn M. Oakes, has filed with the City Clerl�, a plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit' Commencing as a point of reference at the North- west corner of Section 2, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence Ease 2213.6 feet along the North line of the Northwest quarter of said Section 2 as shown on the plat recorded in Johnson County Recorder's Office, Plat Record Book 12, Page 80 to a point (this is an assumed bearing for purposes of this description only); Thence South 10 17' West 748.0 feet as shown on said plat recorded in Book 12, Page 80 to a point; Thence South 20 43' East 398.6 feet to a point of intersection with the centerline of Dubuque Road as shown on said plat recorded in Book 12, Page 80; Thence South 620 48' West 377.0 feet along said centerline of Dubuque Road to a point of intersection with the South line of the Northeast quarter of .the Northwest quarter of said Section 2, as shown on said plat recorded in Book 12, page 80, and point of beginning of tract herein described; Thence North 890 08' 42" West 812.41 feet along said South line of the Northeast quarter of the North- west quarter and the South line of the Northwest quarter of the Northwest quarter of said Section 2, to a point; Thence North 105.69 feet to a point; Thence North 430 00' 00" West 100.00 feet to a point; Thence North 330 00' 00" West 100.00 feet to a point; Thence North 570 00' 00" East 325.00 feet to a point; Thence East 265.00 feet to a point; Thence North 130.00 feet to a point; Thence East 215.00 feet to a point; Thence South 670 00' 00" East 390.00 feet to a point; Thence South 70 27' 00" East 320.06 feet to a point of intersection with said centerline of Dubuque Road; Thence South 620 48' 00" West 245.20 feet along said centerline of Dubuque Road to the point of beginning; and containing 11.4 acres more or less. WHEREAS, said property is owned by the above named indivi- duals and the dedication has been made with their free consent and in accordance with the desires of the owners. Res. No. 76-154 . -2- • WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1975 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the Zoning and Planning Commission which recommended that said plat and subdivision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property be and the same is hereby approved, and the dedication of the streets and sidewalks as by law provided is hereby accepted. BE IT FURTHER RESOLVED, that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. The above and foregoing Resolution was introduced by Council member Foster who moved its adoption. The motion was seconded by Council member Balmer After discussion the Mayor instructed the Clerk to call the roll on the motion. The vote was: AYE Balmer, deProsse, Foster, Neuhauser, Perrot, Selzer Vevera NAY none ABSENT none Whereupon the Mayor declared the motion duly passed and the Resolution adopted. Dated this 25th day of May, , 1976. CITY OF IOWA CITY, IOWA BY: lM 'ucul C -L,t Mayor) ATTEST: City Clerk 0 AGREEMENT 0 THIS AGREEMENT made by and between Dean G. Oakes and Evelyn M. Oakes, husband and wife, the owners and developers, herein- after called the party of the first part, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the party of the second part, WITNESSETH: In consideration of the party of the second part approving the proposed subdivision, Dean Oakes First Addition to the City of Iowa City, Iowa, the party of the first part agrees as a cove- nant running with the land that the party of the second part shall not approve any building permits on any lots in the said subdivision, unless, and until in front of any lot in which a building permit has been requested, there has been installed water mains, sanitary sewer, concrete pavement at least 28 feet in width or wider as required by the City of Iowa City, Iowa, under its platting ordinance. All such improvements shall be done according to the plans and specifications of the City of Iowa City, Iowa, and under the direction of the City Engineer. Said direction shall consist of occasional inspections of the work in progress but shall not relieve or release the party of the first part of its responsibility that the improvements be constructed pursuant to said plans and specifications. The party of the first part agrees that within one year from the date of approval of the Plat to install the sidewalks abutting said lot at least 4 feet in width and according to the plans and specifica- tions of the City of Iowa City, Iowa, and under the direction of the City Engineer. Party of the first part agrees that the storm sewers in said subdivision shall be installed as required by the party of the second part. In addition to the above stated consideration, the party of the first part agrees to pay to the party of the second part, a charge or fee, the amount of which is stated in Iowa City Resolu- tion No. 67-373, for tapping into or using the existing Sanitary Sewer System. The manner of collection of said amount shall be pursuant to Ordinance No. 2116 (Chapter 9.66 of the Municipal Code of the City of Iowa City, Iowa). It is further provided, however, that in the event the party of the first part or its assigns should desire a building permit on any lot in said subdivision for which water mains, sanitary sewer, and pavement are not installed, the party of the first part or its assigns shall deposit with the city Clerk in escrow an amount equal to the cost of said improvements plus 10% thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa. When said funds are deposited then in that event the Building Inspector of the City of Iowa City, Iowa, shall have the right to issue a building permit provided that the applicant therefore shall meet other usual standard requirements of said City for building permits. In the event the party of the first part should sell or con- vey lots in said subdivision without making the improvements as defined above, being installation of water mains, sanitary sewer and pavement and if the first party or the owners of the lots should fail to construct sidewalks, the second party shall have the right to install and construct such improvements and the costs of suc"I improvements shall be a lien and charge against all the lots in front of which improvements are made and any lots which may be assessed fro improvements under the provision of Chapter 0 0 -2- 384 of the 1975 Code of Iowa. The cost of such improvemenaluehall need to not meet the requirements of notice, benefits or as provided by laws of the State of Iowa for assessing such improvements. It is further provided that this requirement to so coid nstrnt is uct provided. all a lien from date untilproperlyleasedas The party of the second part agrees when such improvements have been installed to the satisfaction of the party of the second part it will immediately file in the office of the County Recorder of Johnson County, Iowa, a good and suEfreementcient rwillnot various g soconsti- lots in said subdivision so that this a tute a cloud upon the title of the lots in said subdivision. It is further provided that the party of the first par its assigns and successors t and in interest agree that the public limited to street maintenance, ice service including but not age collection need not be extended in removal, rubbish and garb said subdivision until the pavement is installed and accepted by the City. CITY OF IOWA CITY, IOWA BY: "I" , -. P )"I( (I( rl l ( � ( f Mayor BY: V�<I7 )/0d,:( City Clerk Dean G. Oakes C�,�+.2z�,.�. iii. /!i, d, • _ � Evelyn M. Oakes STATE OF IOWA ) ) ss: COUNTY OF JOHNSON )� On this _� day of 1976, bofoIo me, the undersigned, a Notary Public inic in nd f r the State o£ Iowa, per- sonally appeared Dean G. Oakes Jnd Ev/ lyn M. Oakes, husband and wife, to me known to be the identical persons named in anfi who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed - that . h^c'cLY M ION2. NEELY 4 EXpr- No -ary �ublicin and f a oo.1 � Coun,E , Iowa i STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this 27tH day of TiaY A.D., 1976, before me, the undersigned, a Notary Public in and for said County the said State, personally appeared Mary C. Neuhauser and ii Taylor �by me (Deputy) to me personally known who being duly sworn, did say that they are the Mayor and City Cler, res- pectively, of said corporation executing the within and foregoing instrument to which this is attached, that the seal affixed t1Lereto is the seal of said corporation; that said instrument was signed (and sealed) on behalf of said corporatioty Mayor by author and of its City Council and that the said — E -3- 9 De i� v City Clerk as such officers acknowledged the execution o£ said instrument to be the voluntary act and deed of said corp- oration, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa RESOLUTION NO. 76-1 SS F / RESOLUTION ACCEPTING PRELIMINARY PLAT' MOUNT PROSPECT ADDITION, PART 3 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Mt. Prospect Addition III be granted with the following conditions: gRRR that the sanitary sewers for the area be relocated into City right-of-way, rather than backyard easements as shown. requested by: Frantz Construction Co. It was moved by Perret and seconded by d Proac that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer e rosse x x Foster euhauser x Perret x Selzer x Vevera Passed and approved this 25th day of May , 1976. C , Ati r MAYOR ATTEST It 'JI,i ld.LLL�1) CITY CLERK Cl RESOLUTION NO. 76-156 A RESOLUTION AUTHORIZING THE SUBMISSION OF A PROPOSAL TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FUNDS UNDER THE INNOVATIVE PROJECTS PROGRAM. WHEREAS, the United States of America, Department of Housing and Urban Development is offering an Innovative Projects Program in the area of hous- ing and neighborhood preservation, and WHEREAS, this program proposes to utilize an impact analysis approach to effectuate neighborhood preservation, and WHEREAS, this program shall be funded in total by the Department of Housing and Urban Development, and WHEREAS, the City Council is desirous of participating in said program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager be authorized to submit a proposal to -he United States of America, Department of Housing and Urban Development for funds under the Innovative Projects Program. it was moved by Perret and seconded by Foster 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 this 25th day of May , 1976. 1: RESOLUTION N0. RESOLUTION PROHIBITING PARKING ON PORTION OF 1VYLDE GREEN ROAD WHEREAS, the Ordinances of the City of Iona Cit" y, Iona, allow the Cit ZEAS, cil to prohibit parkin b 8 y resolution noori designated streets, and, the City Council deems it in the public interest to prohibit parkin on the east side of 1V lde Gruen Road from 100 southf en on treet to t e ntelrsectlon with AshlP P"o 1 1 Oar 7nn i , e 9 Drier NOW THEREFORE\BE IT RESOLVED BY Green) Roadtfrdmil0ps[eetbs Prot in ersection w ti o(uth si a si es o y eve Y e ree reen oa rom a I—J&L o Oet SOU -'.��� LO a Point 100 feet s V ITY COUNCIL OF IOWA CITY, IOWA: bated on the ease sed of IV Of P.entnn c«___� e _ ntersection w T e intersect ------ appropriate That the Citybe po \,is hereby authorized and directed to cause psolutiete algne to/be poated\to effectuate the Resolution. \ provisions of this It was move Z the Resolution V read be apteby dod, andauponerollecathat ll there were: AYES: NAYS: SENT: 1\ X C Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this 2Sth Mayor ATTEST: City Clerk , 19 76 A • 76-157 RESOLUTION NO. • RESOLUTION AWARDING 1 TRACTPr FOR THE CONSTRUCTION OF PY 77 Slurry 01 WHEREAS. Missouri Petroleum Product Compa has submitted the best bid for the of the above- named project -BE IT RESOLVED BY THE COUNCILCITY OF THE CITY OF IOWA , That the contract for the construction of the above-named project is hereby 1' Missouri Petroleum Product Com an subject to the condition tha' awarded to 47 596.00 in the amount of :,,.Tarin secure adequate performance bond and insurance certifica es. Foster Balmer and seconded by � It was moved byand u n roll call there were: that the Resolution as read be adopted, upon AYES: NAYS: ABSENT' Balmer K dePTOSSe x Foster x Neuhauser x Perret x Selzer x Vcvcra x Passed and approved this 25th day of Ma MAYOR ATTEST: f �li lL CITY CLERK 1976 • RESOLUTION NO. 76-158 • RESOLUTION ACCEPTING SANITARY SEWER 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, SANITARY SEWER IMPROVEMENTS IN A SUBDIVISION OF TOWNCREST ADDITION, PART IV, TRACT B AND WHEREAS, Maintenance Bonds for Bill Gress Const. are on file in the City Clerk's Office, the City Council of Iowa City, Iowa, that said NOW THEREFORE BE IT RESOLVED by improvements be accepted by the City of Iowa City. It was moved by Foster and seconded by Vevera that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: _ Balmer x deProsse x Foster x NeuhauSCT x _ Ferrer x Selzer x Vevera x Passed and approved this 25th day of May 19 76 02CLL.l( Ik f Mayor J ATTEST: City Cle k TO: FROM: X4. :? i r i S DATE: May 25, 1976 Neal Berlin, City Manager Eugene A. Dietz, City Engineer RE: Mount Prospect Part III As per our conversation this date, I recommend approval of the preliminary plat for Mount Prospect subdivision with the stipulation that the sanitary sewers for the area be relocated into City right-of-way, rather than backyard easements as shown. We chose not to require the developer to change the preliminary plat for this aspect since it can easily be handled at the time final construction drawings are approved. I would point out that this requested stipulation for plat approval stems from the operational level, since maintenance of backyard sewers is extremely difficult at best. I do however, concur with the concept and will attempt to implement it in all future subdivision plans.