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Home My WebLink About1976-06-08 Resolution0 • RESOLUTION N0. 76-159A RESOLUTION TO ISSUE DANCING PERMIT. BE IT RESOLVED BY TUE CITY COUNCIL OF IOWA CITY Permit as Provided by law is hereby granted to the following at the following IOWA, that a Dancing endorsed thereon descrithe bed local ons upon his filing an application,g named person and complied with all health and sanitar Of the proper cit ias, having all fire laws y laws, y officials, as to having regulations and regulations, and ordinances and Permit, to -wit; - ordinances, and having a valid Class "B" Beer Iowa City Aerie of the Fraternal 225 Highwayrder of Eagles n695, "41 S.W.Sw It was moved by R 1 e that the Resolution as 'aPr y and seconded b _ readbadopted, and upon roll call there were; AYES; NAYS ABSENT: Balmer x deProsse x Poster x Neuhauser x Perret x S P 1 711 � Vevera x Passed this 8th day of June 19 7_ 6 0 RESOLUTION NO. 16-159B RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLiZ T -M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv_e_=or the following named person or persons at the following described location: Iowa City Aerie #695 of the Fraternal Order of Eagles, 225 Highway #1, Box 507 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 Foster Neuhauser Balmer and seconded by Selzer as regia be adopted, and upon roll caTi AYES: NAYS: x x x x Perret x Selzer x Vevera x ABSENT: Passed and approved this 8th day of June 1 1976 0 0 Sl RESOLUTION NO. 76-_160 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: Cahill Bros., Inc. dba/Happy Days Pizza & Ice Cream Parlor, 1515 First Ave. Court 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 Balmer and seconded by Selzer_ �Te- that the Resolution as reaa7adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer _ x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 8th day of June , 1976 RESOLUTION NO 76-161 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved or a llowing named person or persons at the following described location: Cahill Bros., Inc. dba/Happy Days Pizza & Ice Cream Parlor. 1515 First Ave. Court 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 Balmer that the Resolution as—res e e o end seconded by Selzer were: Opel, and upon roll ca t ere Balmer deProsse Poster Neuhauser Perret Selzer Vevera Passed this AYES: NAYS: ABSENT: x x x x x x x 6th day of June �9 76 RESOLUTION NO. 76-162 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiCArrM 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: Roy L. Chopek American Legion Post #17, American Legion 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 to he endorsed upon the application and forward together with the license fee approval responsibility,certifietch ofcate of financials other informaionuortdocumentskrequired tto he themIowa Beer all and Liquor Control Department. It was moved by that the Resolution there were: Balmer dePr�_-- Poster Neuhauser Perret Selzer Vevera Balmer and seconded by Selzer as rea a adopted, and upon ro ca AYES: NAYS: ABSENT: x __ x Y, x Passed and approved this 8th day of June 19 76 �b RESOLUTION NO. 76-163 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: Bill George Mihalopoulos/dba The Best Steak House, 1 South Dubuque 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 Balmer and seconded by Selzer that the Resolution as rea a adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 8th day of Jun 19 0 RESOLUTION NO. 76-164 OF APPROVAL OF 0 '��A� B Beer HE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITYIOWA, that i a Class B Beer Sunday Sales Permit application s hereby approved or t e ollowing named person or persons at the following described location: Bill Geory_e Mihalopoulos dba/The Best Steak House, 1 South Dubuque 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 and all other mentsthe requiredstofthe Iowaeel bond�Beer and Liquorinformation Control Department. It was moved by Balmer and seconded by Selzer that the Resolution as read e adopted, and upon roll ca t ere were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed this AYES: NAYS: ABSENT: x x x x x x x Sth day of June , 19 76 RESOLUTION NO. 76-165 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIZrF TM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveT�or the following named person or persons at the following described location: Keith W. Dempster dba/The Mill Restaurant, 120 E. Burlington 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 Selzer that the Resolution as rem a adopted, and upon row ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x x Vevera Passed and approved this 8th day of June , 19 76 RESOLUTION NO. 76-166 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLIZRTI-0 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Liquor Control License application is hereby approved tor the following named person or persons at the following described location: Howard Johnson Co. and E. J. Corp. dba/Howard Johnson's, North Dodge St. 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 Cal that the Resolution as re�a adopted, and upon ro1L all there were: AYES: NAYS: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x ABSENT: Passed and approved this 8th day of June , 19 76 RESOLUTION NO. 76-167 RESOLUTION OF APPROVAL OF CLASS B Liquor LICENSE APPLICATION. SUNDAY SALES RE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Liquor Sunday Sales Permit application is hereby approved 2or t e ollowing named person or persons at the following described location: Howard Johnson Company and E. J. Corporation dba/Howard Johnson's, North Dodge St. 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 Balmer and seconded by Selzer that the Resolution as read be a op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 8th day of June 0 i9 76 ® • � LA RESOLUTION NO. 76-168 ggSOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by law.for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL'OF IOWA CITY, IOWA, that '.the.applications be granted and the cigarette bond now on file in the office of the City Clerk be and the some are hereby approved, and the City Clirk be and he -is hereby directed Lo issue a permit to sell cigarette papers and, cLSaretten to the following named persons and firms: Krause Gentle Oil Corp. dba/Iowa City Sav'-Mor, 1104 So. Gilbert Walgreen.Co. dba/Walgreen Co., 1646 Sycamore Seaton's Cash & Carry Market, 1331 Muscatine Ave. Spayer & Co., Ltd. dba/The Airliner, 22 So. Clinton St. David L. Alberhasky dba/Foxhead Tavern, 402 E. Market St. Pester Derby Oil Co., 606 South Riverside Dr. Lucky Stores, Inc. dba/Eagle Discount Supermarket #157, 600 N. Dodge St. Lucky Stores, Inc. dba/Eagle Discount Supermarket #220, 1101 S. Riverside Dr. Lucky Stores, Inc. dba/May's Drug Store #198, 1101 S. Riverside Dr. Bill Mihalopoulos.dba/The Best Steak House, 1 South Dubuque St. Iowa City Moose lodge No. 1096, 2910 Muscatine Ave. Pearson's Drug Store, Inc., 202 North Linn Street 7 -Eleven Store, 820 First Ave. Federal Building Snack Shop, 400 South C.lnton Amelon's Skelly Service, Inc., 20,. N. Dubuque St. Whiteway Super Market, 212 So. Clinton Hy -Vee Food Store #1, 227 E. Kirkwood Hy -Vee Food Store #2, 310 No. First Ave. Iowa City Aerie #695 of Fraternal Order of Eagles, 225 Highway #1 S.W., Box 507 The Annex, Inc., 819N1st Ave. 1 IT was'm�oved Nb Balmer- and seconded by otherside) that the Resolution as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 8th day of June 1 1976 0 0 Iowa Vending Co. dba/Sears, 1600 Sycamore St. Aldi -Benner Co dba/Aldi Foods #305 Quik Trip #503, 123 West Benton St. Quit Trip #509, 225 S. Gilbert St. Imperial Service Station, 1854 S. Riverside Drive Canteen Food and Vending Service, Moline, Ill., division of Canteen Corp Moore Business Forms, South Riverside Drive Owens Brush Co., Lower Muscatine Road S. S. Kresge Co., K -Mart Store#4315 Westinghouse Learning Corp., Interstate 80 & Hwy 1, Box 30 Sheller -Globe Corp., 2500 Highway 6 East American College Testing Program, Inc., Hwy 1 & Interstate 80 Thomas & Betts Co., Highway 218 South H. P. Smith, P.O. Box 906 The University of Iowa Athletic Golf Course, R.R. 1 0 • RESOLUTION N0. 76-170 RESOLUTION SEITING PUBLIC IEARING ON AMENDING 7M FY 76 BUDGET ENDING .JUNE 30, 1976. BE ET' RESOLVED by the City Council of .Iowa City, Iowa that a Public Hearing be held in the Civic Center at 7:30 p.m June 22, 1976 to Permit any taxpayer to be heard for or June 30, 1976. against the proposed amendment to the FY 1976 Budget ending The City Clerk is hereby directed to give notice of public hearing and the time and place thereof b in the Iowa City Press -Citizen, a newspaper of generralcation circulation in Iowa City, at least four (q) days before the time set for such hearing. It was moved by foster Balmer t at t e Resolution sdread obeeadopted, ane upon roll call t ere were: AYES: NAYS: ABSENT: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this 8th clay of June 1976. Altll�_ C CLERK ISI C'�y- • SOLUTION NO. 76-171 • L' RESOLUTION CONCURRING WITH AND ACCEPTING THE NATIONAL FUNCTIONAL CLASSIFICATION NAP (FAUS) FOR THE CITY OF IOWA CITY, IOWA, AS DELIVERED BY THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, deems it desirable to designate certain city streets as part of an urban system street plan, and WHEREAS, it is appropriate to participate with the Iowa Department of Transportation in preparation of this urban street system plan, and WHEREAS, the City has participated wi.Lh the Iowa Department- of Trans- portation in the preparation of a map for the Iowa City, Iowa, urban area showing the urban street system and concurs that this street system be designated the FAUS system for the City, a copy of which map is attached to this resolution as "exhibit A", and by this reference made a part hereof, and WHEREAS, the staff of the City of Iowa City, Iowa, Public Works Depart- ment agrees that that part of the man pertaining to Iowa City is an accurate representation of the Iowa City urban street system, and WHEREAS, where the urban boundary and the city limits of Iowa City, Iowa, coincide, the City accepts the designated urban area boundary, but the City finds it inappropriate to concur with the urban area boundary which coincides with other governmental subdivision boundaries. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The map submitted to the City by the Iowa Department of Trans- portation is hereby adopted as being representative of the urban street system of Iowa City, Iowa, and the urban area boundary as it affects the City of Iowa City, Iowa. 2. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this resolution. It was moved by dePrOsse and seconded by co12cr that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X dePro Sse X Foster X _ Neuhauser X _ Perret X. Selzer X Vevera Parsed and approved this $th_ day of 1 _.��_ v ATTEST:__ (�. /� y Mayor City Clerk 1976. i • • IA CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS M E H 0 R A N D U M TO: Neal Berlin FRCM: Dick Plastino RE: Changes in the FADS Map DATE: May 17, 1976 the following changes were done by the Iowa State Highway Camtission with regard to the FADS System Map we sent Lien: Mormon Trek Road from Melrose/Hwy. 6 was charged from a collector to a minor arterial. Sycamore was removed from the system fran the City Limits to California. Kinball Road frau Governor to Kimball Avenue was added as a collector. Kirrball Avenue Fran Kimball Road to Prairie du Chien was added as a collector. In the Central Business District, all of the downtown streets surrounded by Market, Gilbert, Burlington and Madison were charged fran local to oollector streets. The FADS System Map is much less extensive than t1)e street system Tap which is turned in yearly for our allocation of road use tax furls. Generally, this system coincides with the road use tax arterial map; however, it is much less extensive. If you need any additional information concerning these maps, please let me know. RJP:bz • • 7' F" RESOLUTION NO. 76-172 �nt RESOLUTION AUTHORIZING EXECUT1uN OF MASTER SECTION H ANNUAL. CONTRIBUTIONS CONTRACT IIKC 9033E, AND FIFTH AMENDATORY TO ANNUAL, CONTRIBUTIONS CONTRACT FOR SECTION 23 LEASING OI' PRIVATE ACCOMO- DATIONS, NO. C-765 PROJECT NO. IA -22-1. WHEREAS, the Council of the City of Iowa City, Iowa, (herein called the "Local Authority") proposes to enter into a contract (herein called the "Master Section 8 Annual Contributions Contract") and to amend annual contri- butions contract #C-765, Project #IA -27.-1; both with respect to any "Project" as defined in the Master Section 8 Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLOWS: Section 1. The Master Section 8 Annual Contributions Contract in substan- tially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The Fifth Amendatory to Annual Contributions Contract for Section 23 Leasing of Private Accommodations in substantially the form of contract hereto attached and marked "Exhibit B" is hereby approved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 3. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or differen-t meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in the Resolution and which are defined in the Master Section 8 Annual Contributions Contract shall have the respective meanings ascribed thereto in the Master Section 8 Annual Contributions Contract. Section 4. This Resolution shall take effect immediately. It was moved by deProsse that the Resolution ass—read be adopted, and upon roll and ncall ded bthereowercPster AYES: NAYS: ABSENT: Y. Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 8th day of June 1976. • I /• % _ Mayor ATTEST: G( /� City Clerk GENERAL CERTIFICATE I, Abbie Stolfus, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, I am custodian of its records and am familiar with its organization, membership, and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the Constitution and statutes of the State of Iowa including, particularly, the Act of the Legisla- ture in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist with- out interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and of its principal officers are as follows: 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by lair and has otherwise duly qualified to act in the official ,:apa- city above designated, and each is the acting officer hord- ing the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, th-- respective office, specified above, which he holds. Note: A question has arisen as to the status of Councilman Robert Veveza who was elected last November, 1975, and s;.:_:: in as C.)uzcilzian in January, 1976. The City Council has rec:•2ested that a Declaratory Judgment be sought to determine whethar tlr. Veve-a is s=ill an employee of the City of Iowa City. Action to institute the Declaratory Judgment is imminent. DATE OF DATE OF COM- DATE OF EXPIRA- ELECTION OR MENCEMENT OF TION OF TERM NAI42 6 OFFICE (s) APPOINTMENT TERM OF OFFICE OF OFFICE Mary Neuhauser Mayor 1-2-76 1-2-76 1-2-78 Councilwoman 11-4-75 1-2-76 1-2-80 John Balmer Councilman 11-4-75 1-2-76 1-2-80 Carol deProsse Councilwoman 11-4-75 1-2-76 1-2-80 Mayor Pro Tem 1-2-76 1-2-76 1-2-78 L. P. Foster Councilman 11-4-75 1-2-76 1-2-78 David Perrot Councilman 11-4-75 1-2-76 1-2-80 Max Selzer i Councilman 11-4-75 1-2-76 1-2-78 Robert Vevera Councilman 11-4-75 1-2-76 1-2-78 Neal Berlin City Manager 1-14-75 1-14-75 Indpfinite John Hayek City Attorney 10-2-73. 10-2-73 Indefinite Abbie Stolfus City Clerk 9-1-70 9-1-70 Indefinite 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by lair and has otherwise duly qualified to act in the official ,:apa- city above designated, and each is the acting officer hord- ing the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, th-- respective office, specified above, which he holds. Note: A question has arisen as to the status of Councilman Robert Veveza who was elected last November, 1975, and s;.:_:: in as C.)uzcilzian in January, 1976. The City Council has rec:•2ested that a Declaratory Judgment be sought to determine whethar tlr. Veve-a is s=ill an employee of the City of Iowa City. Action to institute the Declaratory Judgment is imminent. Page 2 General Certificate 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item.6. 8. Since January 3, 1976, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: (a) The time and place of an other provisions con- cerning regular meetings of the Local Agency; (b) The provisions concerning the calling and hold- ing of special meetings of the Local Agency and the business which may be taken up at such meetings; (c) The requirements concerning a cuorum; (d) The manner in which the charter or by-laws of Local Agency may be amended; (e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of con- tracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency: (f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obliga- tions of the Local Agency; (g) The office of the Local Agency; or (h) The seal of the Local Agency; On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to Stat law. 9. the seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 9th day of June , 19 76 (SEAL) Abbie Stolfus G —' City Clerk CERTIFICATE OF RECORDING OFFICER I, Abbie Stolfus and acting City Clerk minutes of the regular HUD11 (I -90 68) , the duly appointed, qualified of the City of Iowa City do hereby certify that the attached extract from the meeting of the City Council of the City of Iowa City , held on June 8, 1976 , is a true and correct copy of the original minutes of such meeting on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said City of Iowa City this 9th day of June , 1976 . (SEAL) 7 Gro eaaez3 FDC1RACr FROM RIM, " S 07 l;Fd"MG MTRACT FROM THN HINU"F-S OF A _ Regular I NEWL-ING OF THE City Council OF Tom_ City of Iowa City E%1-1) Off 'Lift; 8th DAY OF _June , 1976 hUL-�12 ill -GF; City Council Of the City of Iowa City ott in a regular meeting at the Council' Chambers'' in the City of Iowa City , Iowa , at tht place, hour, end .UkAc d10,Y oatRhliahed for the I-olding o: Duch ueating. 1';! Mayor called the meting to order and on roll call the SOilo.ring 1n*"rsd P1edent: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Veyera _ o bent: none 4 Mayor do J1D1'ad a quoI = px-erent. i . . NUD•901� 111-a�1 The following resolution was introduced by Mayor Neuhauser ; read in full and considered: Resolution Authorizing Execution of Master Section 8 Annual Contributions Contract #K 9033E and Fifth Amendatory to Annual Contributions Contract for Section 23 Leasing of Private Accomodations, No. C-765. Project 1a-22-1 deProsse moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Foster , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Selzer none Vevera Balmer deProsse Foster Neuhauser Perret The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly rn:3e and seconded, the meeting was adjourned. Oro 60�442 _ •a ��m•n• •....nc aria •on ............ •" " "` -_ . _.. _ PROJECT NO. IA -22-1 CONTRACT N0. C-765 7 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW -RENT HOUSING FIFTH AME14DATORY TO ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 23 LEASING OF PRIVATE ACCOMMODATIONS THIS FIFTH AMENDATORY Annual Contributions Contract, made and entered into this day of 1976 by and between the UNITED STATES OF AMERICA (herein called the "Government"), pursuant to the United States Housing Act of 1937 (42 U.S.C. 1401, et sem., which Act as amended is herein called the "Act") and the Department of Housing and Urban Development Act (5 U.S.C. 624) as amended, and the LOW -RENT HOUSING AGENCY OF THE CITY OF IOWA CITY, IOWA (herein called the "Ldcal Authority"), WITNESSETH: WHEREAS, fhe parties hereto entered into that certain Annual Contributions Con- tract No. C-765 dated June 30, 1969 (which, as amended, is herein referred to as the "Existing Contract"); and WHEREAS, the parties desire to further amend the Existing Contract. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties do agree as follows: 1. Section 1(B) is amended by adding the following language hereto: "The parties hereto do agree that 88 units with basic annual contributions of $106,261.00 shall be transferred and redistributed from the Existing Contract to that ccllateral'Section 8 Leased Housing'Annual Contributions Contract No. KC -9033E. Such redistribution of the aforementioned units and basic annual contributions shall be accomplished between July 1, 1976 and June 30, 1977." 2. Section 1(D) is amended by adding thereto "KC -76-127". 3. Notwithstanding any other provision of the Existing Contract, as amended, the following is incorporated and shall supersede any contractual provisions in conflict therewith: Section 11 At least 20 per centum of the dwelling units in any project placed under Annual Contributions Contract in any year after (September 26, 1975) shall be occupied by very low-income families: (1) Under section 3(1) of the Act: (2) Under section 4(a) of the Act: (a) •- * such loans (i.e., loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such agencies) shall bear interest at a rate specified by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining period to muturity comparable to the average maturities of such loans, plus one-eighth of per centum. * * * (3) Under section 6(a) of the Act: (b) •• * * except in the case of housing predominatly for the elderly, high-rise elevator projects shall not be provided for families with children unless the Secretary makes a d;�termination that there is no practical alternative. EXHIBIT D r Page 2 . -- (4) Under Section 6(b) of the -Act: (b) >; * a the cost of construction and e4tipnient of the project (c-cludiny land, demolition, and nondwellino facilities) or. which the computation of any annual contributions under this Act may be based shall not exceed by more than 10 per centum t; -.e appropriate prototype cost for the area. := - 15) Under section 6(c) of the Act: (e) (1) the,Secretary may require the public housing - .1 agency to review and revise its maxi-za income limits if the Secretary determines that changed conditions in the locality makes such revision necessary in achiev- ing the purpose of this Act (2) the public housing agency shall determine, and 3o certify to the Secretary, that each family in the project was admitted in accordance w; ---h duly ad6pted regulations and approved income limits; and the public housing agency shall review the inco=es of families living in the project at intervals of two years•(or at shorter intervals where the Secretary deem it desirable); (3) the public housing agency snail promptly notify (i) any applicant determined to be ineligible for admis- sion to the project of the basis for such determination and provide the applicant upon request, within a reaso:- able time aftSr the determination is rade with an oppor- tunity for an informal hearing on such determination, and (ii) any applicant determined to *e eligible for admission to the project of the approkimate date of occupancy insofar -as such date can be reas^.nably deter- mined; and -(4) the public -housing agency shall comply with such procedures and requirements as the Secretary may pre- scribe to assure that sound management practices will be followed in the operation of the project, including re- quirements pertaining to -- (A) the establishment of tenant selection* criteria designed to assure that with- in a reasonable period of time, the project will include families with a broad range of incomes and will avoid concentrations of low-incore and -de- prived families with serious social problems, but this shall :ot'permit maintenance of vacancies to await high- er income tenants inhere lower income tenants are available; (B) the establishment of satisfactory pro- cedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment o£ rent; (C) the establishment of effective tcnant- management relationships designed to', assure that satisfactory standards of tenant security and project maintenance are formulated and that Lye public housing agency (togeLher with.tr-na^t councils where they exist) enforces those standards fully and effectively; a. (D) the developmerit by Local housing authority - manager.ents of viable hoccc.. crship o�po=•- tunity progrnms for low-income families capable of assuming the rc-sponsibilitie:; of homuoc.-nership." Pale 3_. -_ _• •I • 6) Under section 6(d) of the Act: - (d) t no annual contributions by the Secretary shall be made available for such project (i.e., low;• income housing project) unless'such project (exclu- sive of any portion there of which is not assisted �y ,annual contributions under this Act) is exempt from all real and personal pioperty taxes levied or imposed by the State, city, county, or other political sub- division and such contract shall require the public housing agency to make payments in lieu of taxes equal to 10 per centum of the sum of the annual shelter rents charged in such project, or such Lesser amount as � (i) is prescribed by State law, or (ii) is agreed to by the local governing body in its agreement for local cooperation with the public housing agency're= quired under section 5(e)(2) of this Act, orm(iii) is dub to failure of a local public body or bodies other than the public housing agency to perform any obliga- tion under such agreement. if any such projects is not exempt from all reaL and personal property taxes' levied, or imposed by the State, city, county or other political subdivision, * -' no annual contributions by the Secretary shall be made available for such pro'- ect unless and until the State, city, county, or'other political subdivision in which such project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed 10 per centum ofthe annual shelter rents' charged in such prpject." (7). Under section 6(e) of Lhe Act: (e) 1� * :: whenever in any year the receipts of a public housing agency in connection with a low-income housing o project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess • shall be applied, or set aside for application, to pur- poses which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions." i (8) Under section 6(f) of the Act: when the public housing agency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, mak- ing it unusable for horsing purposes, a program of mod- ifications or closeout shall be prepared. (9) Under section 12 of the Act: * * not less than the wages prevailing in the lo- • cality, as determined or adopted (subsequent to a deter- • urination under applicable State or iocal law) by the Secretary, shall be paid to all architects, technical en- gineers, draftsmen, and technicians employed in the de- velopment, and all -maintenance laborers and mechanics employed in the operation, of the low-income housing project involved; and -- not less than the wages pre - wailing in the locality, as predetermined by the Secr`c- tary of Laber pursuant to the Davis -Bacon Act (49 Stagy. 1011), shall be paid to all laborers and mechanics em- ployed in the develop-.ent of the project involved (in - eluding a p:ojccL with nine or more units assisted under section B of this Act, where the public housin-, agency or the Secretary and the building or sponsor enter into an.agrre::er.t for such use before construction or rehab- ilYtaLion is eon .enced), .. .. ' Page 4 r 4. Except as herein provided of the Existing Contract, as amended, shall remain in effect. IN WITNESS WHEREOF, the Local Authority and the Government have caused this Fifth Amendatory Contract to be executed in their respective names and have caused the Local Authority to be hereunto affixed and attested as of the date of this contract first above written. LOW R£V'P HOUSING AGENCY OF THE CITY OF IOWA CITY, IOWA I/ BY --11 i") Mary Neuhauser, Mayor (name and title) ATTEST: ,.22 _ 1 C� �' �c -( (name and title) UNITED STATES OF AMERICA Secretary of Housing E Urban Development tODes 1uce BY Direct"C'' Modes Insuring Off ce (name and title) •" i'age,1 of 3 Pages U. S. DEPARTM1-.*,,7r OF 1%)USING AND URBAN DEVELOrN;: rr SECTION 8 HORSING ASSISTANCE PAIMENrS PROi:kh:7 EXISTING HOUSING PAR'r I OF THE ANNUAL CONTRIBUTIONS CONTRACT EFFECTIVE DATE: July 1, 1976 (Date of execution by the Government or this ACC Part I) irJ,SIER SECTION 8 ACC NU:BER: NUMBER OF THIS ACC PARE I: KC - 9033 KC - 9033E 1.1 The Program. (a) Projects 11i.thin Program. The Existing Housing Program under this ACC Part I includes the following projects: Project Number: IA05-EO22-001 IA05-EO22-002 TA05-EO22-003 ACC List Number and Date of Approval KC -76-124 5-25-76 KC -76-125 5-25-76 KC -76-126 5-26-76 (b) Number of Units (By Size) in Program. The aggregate number of units by size of unit included in these projects is as follows: Size of Unit: Number of Units: Efficiency 13 132 1 BR 74 2 BR 12 3 BR 5 4 BR 1 5 BR (c) Maximum ACC Amount. The maximum ACC amount for all Program Expenditures in respect to the aggregate number of units in these projects (the Program) is $ 452,928 per year; Provided, however, that this amount shall be reduced coa.aensurately with any reduction in the number of units or changes in unit size under . any provision of this ACC (see Section 1.4(a)).' The PHA shall not enter into any Contract or take any other action which will result in a claim for an Annual Contri- bution in respect•to the Program in excess of the amount stated in this paragraph (c). (d) PHA Ob).igation. The PHA, to the maximum extent feasible, shall enter into }lousing Assistance Payments Contracts ("Contracts") in accordance with the numbers and sizes of units :,nd subject to the maximum ACC amount specified above. (e) licanin sof "Project" as Used in Master ACC and Part II. For purposes of this, Part I the term "Project" wherever used in the Master Section 8 ACC and in Part II shall mean all the projects in the "Existing Housing Program." 1.2 Authorization of '•:-.tions b,; 'HA. In order to carry out the Progra-:, the PHA is authorizc-i to (a) entr into Houaiag Assistance Payments Contracts, (b) make housing assistance payments on behalf of Families, and (c) take all other ue u•ssary actions all in accordanc.: with the forms, conditions and requirements prescribed or approved by Lite Governnent� Provided, however, that neither the PHA nor the Gorarn- n,;,t s',:,li a -;un:e ary obLi„ation beyond that provided in Contracts in the io:u, approved by the C::err:^at. pHUD-52520B-of • • Faoc 2 of 3 Pages 1.3 Tend of ACC, Lease and Contrnct. (a) Terr, oC ACC. The term of this ACC shall be five years. (b) tern of Lease and Contract. The tem of each Lease shall be for not less than one year nor more than three years, but the Lease may contain a provision permitU r.p, termination upon 30, days advance written notice by either party. The tcrn of or.cit Contract shall be for'thb term of the Lease, provided that if a Family continues in occupancy after the expiratiaa of the tern on the same terms and conditions as the original Lease (or changes thereto which have been approved by the PHA and incor- porated in the Contract where appropriate), the Contract shall continue in effect for the duration of such tenancy subject to the limitation in the next sentence. Any renewal of the Contract and Lease term, and arty continuation of tenancy beyond the term, shall in no case extend beyond the term of this ACC. 1.4 Annual Contribution. (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contract between the Government and the PILIL, the Government shall not be obligated to make any Annual Contribution or any other payment with respect to any Fiscal Year in excess of the amount stated in Section 1.1(c). (b) Subject to the maximum dollar:limi'Eation in paragraph (a) of this Section,: _ the Government shall'p�y for each Fiscal'Year an Annual Contribution to the PHA in respect to the Program in an amount equal to the sum of the following'(subjeeL to reduction by the amount of any Program Receipts other than Annual Contributions, which Receipts shall be available for Program Expenditures): (1) The amount of housing assistance payments payable during the Fiscal Year (see Section 1.5) by the PHA pursuant to the Contract, as authorized in Section.1.2. (2) The allowance, in the amount approved by the Government, for preliminary costs of administration. (3) The allowance, in the amount approved by the Government, for regular costs of administration, including costs of Government-required audits of Nners and the PILI. (c) (1) An ACC reserve account- will be established and maintained by the Gove ur-, ment, as a specifically identified and segregated account, in an amount as determined'by the Governmaent consistent with its responsibilities under section 8(c)(6) of the Act-. To the extent funds are available in' said account, the Annual Contribution for arty Fiscal Year may exceed.the maximum amount stated in paragraph (a) of this Section by such amount, if any, as may be.required for increases reflected in the estimates of required Annual Contribution applicable to such Fiscal Year as approved by the Government in accordance with Section 2.11 below. (2) The Government will take such additional steps authorized by section 8(c)(6) of the Act as may be necessary to assure availability of funds to cover increases in housing assistance payments on a timely basis as a result of increases-in Contract ` Rents or decreases in Family Incomes. I- - (d) The Government will make periodic payments on account of each Annual Contri- bution upon requisition therefor by the PHA in the form prescribed by the Government. Each requisition sball include certifications by the PHA that housing assistance payments have been or will be made only: (1) In accordance with the provisions of the Contracts; and (2) With respect to units which the PHA has inspected or caused to be inspected, pursuant to Sectidn 2.4 of Part II of this ACC, within one year prior to the making of such housing assistance payments. (e) Folloting the end of each Fiscal Year, the PITA shall promptly pay to the Government, unless other disposition is approved by the Government, the amount, if any, by which the total amount of the periodic payments during the Fiscal fear exceeds the total amount of the Annual Contribution payable for such Fiscal Year in accordance with this Section. 1.5 ii.-.rY• ar. The Fiscal Year for the Program shall be the Fiscal Ye-jr c_.- tablisbed by 5•., tion 0.3 of this ACC; Provided, however, that the first Fiscal 'icar for the Prcj„r"t shall be the period beginning with the effective date of this ACC P-,r: I oc ; "uf 3 rages and ending onLhe last da'y of said established Fiscal Year which is not less thin 1Z months after such effective date. If the first Fiscal Year exceeds 12 months, the c.aximum Annual Contribution in Section 1.1(c) may be adjusted by the addition of the pro rata amount applicable to the period of oPeration in excess of 12 months. 1.G periodic Adjustment of Contract Rents. Each contract may provid6 for periodic rate -ner nd by adjustmenL's in the : onl-ract Renlsa elginlaccordhe ox wiChaapplieablcuGoverrunent3ses in amounts of housing assistance Pr) nts regulations. 1.7 E val 0 �ortunity Rousine Plan. ThegPliall comply with all provisions of its liUD-approved equal oPPortunit housing plane le ll ously 1.8 Ea: editi.ous Carrvin� Out °roccedremPedlitiouslyl,athe Govicernment,dbyrnotice with the Program. If the IRA fails to [ to the P11A, may reduce its obligation hereunder with respect to the Program to tiate of le uu)ers with ofmtsuch^nd noLi.ceebyftileel'RA,gwithls tinder a correspondingtreduction�insthe maximumas Of the damount ofthe Annual Contribution specified in section 1.1(c)- 1.9 Prior ACC -s Superseded. This Part I supersedes prior Section 8 Existing Housing ACC Parts I, if any. 2.0 This a€rce:Hent as to Section 8 Leased housing project IA05-EO22-003 is to accomodate the transfer conversion of 68 units from that collateral Section 23 Leased Rousing Annual. Contributsthattredistributi nract PC -765, aofdthen883units6and aBasic amended. The parties hereto agree Annual Contributions of $106,261 from Contract VC -765 to this contract QKC-9033E will be ecco:aPlished Letwecn July 11 1976, and June 30, 1977. PHA To",,�S3t}lioi1_i7y Authnrit By 'ill;li< (f i1Fi i lj I ?clary C. Neuhauser, Mayor Official Title Date_7j��_ 8� 1976 By United States of AMerice Sec tary of Houyilta and Urban Level= -gent —D �cLorr-T%e ate June 17, 1976 197b 01 is ' SECTIO -1 R '.!OU 1:•C/ , �S:.at.+ Ira Terms ani Con3ition� Cons.•i >~ • Aiuival` Contributions _Ccntr?ct ,,.-- e .. P11A and the United States of la erica.` NE:: C01•i3TRUCTTON, SUBSTANTIAL REi1AUILIS�+TTGt:, ?Baster Section 5 2.1 TEFINIT7O:S (a) 'IFE1r,11icsII neans Incer-Income F�rofiaSsiTgle: arson', and includes-Frtdlie� consisting and Displaced Fa.•trilics and ,includes ;.the retaining re (b)I'H1eer1Y eatti�ies1, means Families.whose heads'(o` m lti-Ors are persons ,vrho are at least'62_years of age„ as; defined in,section.223 of the SOCipl Seearity at See Davelopmental, DiD aedlities Se glderly Fai cilias, inclu or are hdiap. Ther disabledsorehandicapped individuals li!ing`tcbether living together with another 'person':hocnt.',deserMinc ecre�e secretary'of Housing and Urban Developn "to their care or well being - (c) At Families";means Families`displaoed chose dereliints have. been extensively da^aged or �e ized Pursuant.. declared or.othe:-:ise formally recogn (d) "Lo::er-Incone Families" means Families v;hose Incoiw the median., In for the area as denet'thlt t'i'ts+ for'- smaller acrd larger fanilies,, exe P ... lvnit hiEh or lower than 80 percent of :L A ^reaian >finding3-that such ,variations are:.necessary be -is construction costs,`.unusually high or loiv`far�ily;I Low-Incoailies" means Families me Fa' chose Ir (e) .�erY• as determined by=i the median'InCOr a rOr,.the arca; for smallerand la7;ger families.' ; (f)nlaeot.,e" `aeens income for a].l sources of each mer,: in accordance v:ith criteria prescribed by e Sec r_ecans ;he.perscn or enui Y, inc].uda nb a c gild Contract are entered into. 6 mean, ci.h respect to re hers: (],) "Ilcnt" or "rentfil: m- T1, undar the occuFaac� ao Dements' ce' ..cen sue" 1b (i) 11Fr" oject Receiptswith resrrect to each Project?. payable hereuner der o ain connectionctithssueallll P1iA from, out of, (j) "Project 7ixpenditures"' erith respect to each Pro; uni.cr Section 1.4 (b),' part I, of this ACC, ^ith 00,!SubctanEial Dafault" means the occurrence of a, I --- HUD -52520 C r, 10 �•^ CJ L '•3('': (a) The comply r:ith tle Income li+its ec with the requirements of the,Goverrr..ent purauar Act that at leaet 3O: percent` of - e ryFamilies.oncc its.Ltaster Section S ACC shall be Very_ (U) The PHA shall co:cply or assure compliance With lisped -by the Govern^ent r:ith respect to the a made on behalf of Families. (c) The pi[A-shall make or cause to be rade pera. iodi positions an& extent of exceptioentsmaTecbei:k for whoa housing assistance payor or. adjusting;in'.aecordance with theiapplicablc M. he amount or. rent payable by the Famil; payment. (d) -The pHA`shall•deternine,'aa-part of its as it deems r+h appropriate, ether an_adj Utilitie's and': Other. Services applicable to ;tb of. general applicability. the FNA determi "of.general a1_prescribe the amount of the ad; accordingly,;:and the`PHA shall cache affect i the, amount of rent to be paid by asaistance payment. (e) date prior to the approval of eligibility,_of a Fa case.may,be,-and thereafter. on the esta status -of such FarIly, the PHA or the Oemer, causeten application, to be revieweda.writ '- Family, whish application;shalx set.'forth al a determination of'the'.anount, if any, of ht be made -with respect to the Family•; 2.4 • INSPECTIONS. . (a) -The -PHA shall require, as a condition for[ that -the Ownermaintain the -.assisted dwelli Decent, Safe, and Sanitary condition (b) Tie pHA shall inspect or.'cause to be inspec prior.to-commencement of occupanny:by Fami: adequate to: assure that Decent, Safe and S; provided and"that the agreed -to services.,,a: 2.5• NOt1DISCRDSI[1ATI0:J INL HOUSING: (a) The Pii,'+ shall comply with all requirements Act of 1964, public Lay. 81-35.2t: 76 Stat., < or, Housing and Urban_ Developnent:_issued tk Section 1.1, et seq.; the requirements of and Executive Order 110631`to.the.,end tha' regulations and requirements of:said Dopa' -'Order, no person`.in the`United Statesaha religion, or -national origin, berexcluded :• the benefit of, the Housing Assistance` -l? to':discrimination. The. PHA shall; :c con co!zaitmenir t, assure the same c fL, binding transferee al contractor,_subcontractor, pant in 'the program or activity, `such co: "This provision is included?vursuan Housing and Urban Development, 24'C'. issued under Title VT of th. require^eats of said Departmcnt Pur ligation of thfu (contractor or,othc Y� P �J�L .5120 C • -' a e. e 3 of:10 Pat, . T 1;. benefit of the United States, •the^id Department, ai :shall be entitled to invoke arty% re.cdies:available,by. breach :thereof or to compel `complia lee there ;3th`by t (b) The PRA shall incorporate or cause to be incorporated•into Payments Co ;tracts a provisionrequiring .co. -IP e t:ith;;n by Title 4iII of the Civil Rights Act of 1968; and anyr rul pursuant thereto. (c) The PITA shall'not, on account of creed or sex, discrirtinat rental', or other disposition.of housirC or_related.f3cili .included"in any Project or in the .use or'oceupancy,,,, of v. the opportunity to'apply for such housing, nor der>y,to<a;p opportunity to lease or rent.; any duelling in; any such hour needs.''No_.person shall automatically be' - the e the benefits of the':Housing Assistance'Payments Program b( a class such ps'unmarried mothers, recipients of public aq 2.6. EQUAL i'11PIAYI.IENT"OPPORTUNITY. = (a)Me PRA shall not discriminate againstT any e, loyee'or ap; because orrrace, color, creed, religion, sez; or. national' PIW shall take affirmative action .to:_ens ure-%that,appliean R. bout;regard ;t employees are treated durine employment, vat .religion, sex; or national origin. ':Such action shall ina to,the`following::_ employment,.upgrading, demotion, or tr _ recruitment advertising;'laycff or'termination, rates off compensation; and selection for training; ,including appri (b) (1) The PITA shall incorporate gr'.cause to be incorporated construction work, or modification;thereof$, defined; r-'. Secretary of Labor, at'.41'CFR; Chapter 60,' which is. to be `s this'.. contract, the following Equal ;Opportunity clause "EQUAL EIPLOnIENT OPPORTUN'iTY' During the performance or _this contract, the cot (A) The contractor will _not, discriminate against any: for employment -because of race,•color, .,religiop,._crei Z. origin. ,_.The contractor will .take affirrative'action are 'employed, •and that employees are treated during i u regard to their race, color, religion,creed,;sex,o: action shall include, but notbe:li^qited-ao,'the'Lolh demotion, or transfer; recruitment or recruitment -ad mination;'rates of•pay or Other fcrins:or compensatie' training, including apprenticeship .The contractor spicuous places,' available tote:*ployeesand app can notices to be provided by the'PIIA setting forth the', Opportunity clause. (B) The contractor will in all solicitations or:adve placed.by or on behalf of the.contractor,.state that will receive ":consideration -for employment liithout rE religion, creed,; sex,• or national origin <; I (C) The contractor x.311. send to each labor union or e:ith`which.he has a collective bargaining agreement' undcrstandirw, a` notice to be. providedlby the. understand union or %orkers.' representative of the, contractor'li Section, and shall pcst:ccpies of th�''notice in con: to employees and applicFents for emplal (D) The contractor ..ill cc -imply with all provision^`i 1314G or Septc.;::Ler.2I,, 19u5,,a:il,oC the rules,;regu orders of the :secretary of'Laboi TT x 1UN52520C Para of 10 rages n- ` (F.) The contractorwillfurnish nll`.irror-ntion an tstereqti Executive Order No. 11246 :of, Scptcber�,24, 1905, atid ,;v Tule^ r and orders of she Secretsry.of,Labor; of pursunat thereto,°atid^ access to his: books, records, and accounts b; she Gove^r F�t'arc of Labo$-for purposes of investigation'to ascertain conpliance;c rules, regulations, and orders. .t (F) In the event of the contractor's noncompliance with the Equ: clause of this 'contract or writh any of'the.said rules.; regulet;< this contract may _be,cancelled,,ter. nnted, or suspendea and-the`contractor r..ey.be.decicred ineligible for fur.. r cons; vritF procedures authorized,in''Eaecutive Order No'11246 of Septi and such ; other`.sanctions may ;be itposed:and`remedies invo}ed,aF- Executive Order No.`.11246 of Septe ,berg24,..1965, ,ortby rule,;;rej order of the Secretary :of Labor. or as.othii;ziee provided by lacr; ._ e... 'c rd --FN r.fi (G) The. contractor will include the portion of =the sentence`i, preceding Paragraph (A) and;the provisions of Paragraphs (A) h in every subcontract or purohase order..vnle1.ss;exempted by ttoV; tionsi' or orders of the Secretary of. Labor<issued pursuant toffs of Executive Order No. -_71246. of. September 24,.1965,tc`so that-sui will :be. binding' upon eaeWsubcontractor or ,vendor They co -n trap succi: action witFtrespect ,to„arty- -sub contraetor'or`purc21ase order Government Ingy direct as a means of;ienforcing� such' via ons ='i `sanctions for noncompliance;4rovided'fj'hor ever,' that in the :eve becomes involved`in, or is,threatened_';vrith,,litigation wIth':a�a or vendor as result of such direction the Government; the' may request the United States to;•enter' into.,sucIi litigation�to;-, interests of the United States: >, (2) The PHA agrees that it wlill assist and cooperate aotive7y wi;t and theSecretary of Labor in obtaining'the comoliance•of�,contraatc contractors rrith.'the Equal Opportunity clause and the rules, regulg Televant orders of the Secretarysof Labor.thatiL wrillfurnishthi and the Secretary of Labor, such- informatien as they mey{requiaejf� _ supervision of such"compliance; and that'it tvill';otherrti�se assistl in the discharge'of;the Government's primary responsibility for'set 3 e( plianee. (3) The FAA furtheragrees dt_wrill refrain from entering into or contract modification subjeot=to Executive Order No;rt1121,6 .1965, witlia,contractor debarred.from,'or;rrho,has not•dezonstratiad' Govern ent contracts and Federally assisted cons3ruatioiti cont;aets the Executive Order:and will carry. out ;such sanctions,and;penstie of the Equal Opportunity cleuse-as hey bA''irposed upon -contractors contrectors contractors by the Gove^r-antof. the Secretary. or Labcr,pursuent t Subpar. D -'of the Executive Order. ., 2.7. TPAINIING, ETL0=1T, AND CONT?ACTL7G OPPOP.TMITIES FOR,. EUSINF_s8V_s''Afdr. :Pi::.S:.is. _ (a) The: project assisted under this ACC is subject.to the reauirerencs of`the:Housing and Urb=an Development, Act., t- 1968; as aT,ended, 12 U Section1'3-requires that to the greatest extentfeasible opvortuiit and e:nployment'be given lomerJncome residents'o, the,Project a3 E for work in connection rrith'the:Project be'arnrded to'bUsiness;'coi located in or owned in substantial part'by persons residing in i, e Project. �r (b) ?Iot%itrstanding any other prov!sion of this ACC,,the PHAIshallyca� provisions _ of said section .3 and the 're„ ,-_ntios` issred vnrsusat.. Secretary set fcrth in 24 C °,'Per-'135°(vu fished ii 36 ode beto5er 23, 19737, and all epplica*le rrles�ord,oraer3 of t}ezSeci there-ander prior; to the- execu':io +` o° this �CC.> ;The require cnt `i ineltdc bul are not limited to dcy�'o..^.n` end,.irple ,Cnta ion�of i aetien plan for ,utilizing business concerns. located �thl.n o^'oc:ro �6tC''-ielpart by: ae.s _s rc.,_'.cir.,� in tk:aj; area•�of. tru rOj `a (;']^3`faith -effort, as derir.^3'r,5 the reculaticr , `o:`•b 're ar. -enc '.c ness.op,:rtunit'_es required -by section` -3, a^d-isC , rnti _ r 9 r l�iai 1. Y �'• C JS a �"C N'1D• SiSrD. V �:tgr *4 . i?•+-�aL`Y'fy,.0 , n�ef• .'v�}y�x sp ff: P`sa ,5.of 1Q Pages 1 clau.:e" specifi%.l by Seetiasr 31:, .-*) of it v.,ork"in cornect.ion riith'tlie Pro,lcct. .[She PJtA-`cc under no contractual or other%disability t:.idch V. plying with these requirements. ' (c)'Compliance rith,the provisions of section;3, the CFR, Part 135, and all applicable rules an_d orde wider prior to approval -.by the,Government of.tt:e a`condition of the Federal financial assistance upon the PHA, its successors: and `assigns ?Failu shall subject the PHA, its contractors`endsub_co assigns to .the sanction specified by'this,ACC an specified by 24'.CFR, Section.135.135.- "(d) The PHA shall incorporate or cause to`be incorpo this contract such clause or clausesas are:requ `pliance'with.its regulations,issued,pursuant'to` Act, as.amended ;:The PHA shall cooperatejr3th:t of compliance reviews pursuant.ct to said As :and; 2 8. COOPERATION -IN -EQUAL OPPORTUNITY-MMPLIANCE REVIEIVS The .PHA shall cooperate with the- _Government :in t and complaint -investigations pursuant -,to, I appl ica Executive Orders, and rules and regulations pugs 2.9. CLEAN 'AIR ACT AND FEDERAL WATER POLLUTION <CONTROL'AC The PRA shall incorporate or cause to be-incorpc construction or substantial rehabilitation, =suck, by the _Government forr-compliance with thelregula -Protection Agency pursuant to the Clean Air -:Act; Pollution Control-Act,-as.amenAd,' and Executive cooperate.with the Government'; in the; conducting to said Acts and Regulations. _ 2.10. LABOR STANDARAS. v_ The PHA.:'shall incorporate or cause tobe'incorpc construction or substantial rehabilitation ofi.ni or clauses as are• required' by, -the Government fo3 issued pursuant to the `Copaland Act, she;bavis-1 and- Safety Standards Act. The PHA shall;'coope Conducting of'.compliance,reviews-pursuant.,to'.-sai 2.11: 'ESTILLATES OF REQUIRED ANNUAL CONTRIBUTION. The PFA shall from time_to time submit to'the'Gc annual' contribution at such times and :'in sueh'fc All estimates and any revisions thereof submitte be subject to. Government approval. 2.12. INSURANCE AND FIDELITY BOND COWMAGE. For purposes of protection against hazards arisi administrative activities of ;the PHA-in�carzjinE carry adequate.(a) comprehensive generaVilabili pensation coverage (statutory or -voluntary),' -(c, against.-property_damage and bodily.'injury'awnei bond coverage; of its officers,' agents, or',employ sign checks or certify vouchers. 2.13. BOOKS OF ACCM"T AIND PWCOuru, RtPOP.S � (a) The PHA shall maintain complete and accurat( may .be prescribed •fro:a time to ,tine bf ;the_( ".Projects, including records v:hich'permit`a`.s i 7 1 1 1 U 1 0-5,15M C : ' 4 i r *�kE�F� V, 10 1 �173, ariong otfivr thin's fully disclose the a or-ount-anc., tncie. of the Annual Contributions and other Proj ve t Icce� J it' (b) The books.of account ,and recordstof n %I - cd -Project as separate and distinct from -all ,'other_:P_t ...... r oj C t_ a Aaft, of the PRA except as:autborizcid_:'! pr appro,vd-by, -.6, (c) The PIIA shall furnish the Gt overnment such financial, reports, records, statc;.Icnts,, and -doCuln accompanied by such supporting data, all -a' time to time by the Covernment. ment and the Controller General:of (d) -The Govern: f United States, authorized representatives, shall have -full and to all the books, documents p papers, and records, _caf,'the 0 PC to If i .1im.11, pertinent'to itr'operations with -res 'ct 0 n3nclal�'assl-stancc Actq'includiinp, the right to audit. and., to P2Kt! excerpts.and trar such book4 and records. (e) The_kA shall incorporate or cause to.b6 incorporated; in all Con following clauses: "FRA AND GOVEMIENT ACCESSTOPREIIISES,'�D,XOP S. RE to (JL) tit The Owner, shall furnish stLch information --,in'-d-','r'epo.—ts�.pe Contract as reasonably may be.required_ frcm_'_ and the Government. (2) The owner shall+permit the PHA or' .16,the. Governmentok-',,.a-.Ly authorized represen*tatives,to.have . 1 " a , Cc . a . as, to thp�pr6iis the purpose of . audit a- - nd examination t , o have documents access��to Papers, and:records f - ., -;V ��', - 0,3 the-, Nmer:?-tha tpmpe to compliance with'this Contrac". f information r er t t ic, to::the.,ho PaYmen-ts shall be responsibi for engaging a auditor making oflaudits as required by, the Goverut nment,,: I PHA steal: 'Peinsated under this ACC for the,cost: 0 --- U u a. 2.14 DEPOSITARY AGRFEIIE4 T. (a) (1).The PHA shellmaintainone or more agreements. '�which-,.ajcC' be' calillial the "General DAgreement, . I epositary AP greement, -with::a bank Wi,_:si depositary by the PIIA. The PHA may maintain one or more agreements, ej called the "Savings Depositary Agre tutian(s) or'credit redit union(s),seIecj a -investment of�ex_cess funds (3) All- such General.Depositary Agreements and h al are herein collectively called t ei..'.' e si' savings and loiadinstitutions, and credit iunions .�.are hireititc 'called the "Depositary '• The Depositary �AgreCment shall be" in t h -0 'f 0'rrii: P r es' C`r'i be` d F' Iby'41 for the particular .type of X' - he; Depositary,shall eontinue,-to be, a I member 43fthe Fede , r , al i i De p o -f nsurah6e,!C' Federal Savings end L Le.�lj I nsu ranc a';'Coip oration ". o'..' i thc1, " rt 0 Unlon{Sharp Insurance Fundhatio ,,-as the' case ma 'be (5) Immediately, ............ upon the -execution of any furnish to the GovE-l-nment such executed or..con orried�I'co L' Pies" Government nay. require. quire. 3.1L L (6) No suchDepositary -Agreement shall a.. arri - innted�,-except�:artL. it n'.15 the and f Ve C '"I Cal 7 notice ""to the Govern-- ellt. & epos it PU rsua d f the Government.makes adetermination,-after: a.reasonable opportunity to take correct: tial Default or if the Government.detern: or.willftll misrepresentation of any�matei data'subnitted to the Government pursuant sub6itted-to the`Covernment as a basis`fc Government to enter into this ACC, the'Gi give, notice of such' determination to Dep( to the Depositary.Agreement and (2) requ: such notice, to refuse topermit anywitl ever, that upon :the curing.of such Defau: .such notice and requirement.. 2.15. 1POOLIKG OF FUNDS UMDER SPECIAL CONDITIONS A`;1 •(a) The PHA may deposit -under the terms of tl receivedorheld by the PHA in connectiot contract or lease between '.the PHA 'and:'the (b) The PHA may also deposit under the terms`" amounts necessary for current expenditure the. PHA;; including any project or'en1.terpe interest;,Provided,'.however, that such 'di the -depositaries of:'such other projects'( `deposits of the direct revenues_:or receiI (c) If the P11A operates_other,projects'or enl financial.interest, Jt' may,,from.time`to. Government may -approve from monies on del ment for'deposit=in-and disbursement fzor ••went of items chargeable in part 'to the'1 enterprises `-of'the PHA; Provided, howevei fund shall- be lump -sum transfers `f_rom thi enterprises` and sball in no event be dept (d) The PRA may establish petty casivor chant -monies on deposit -under the General Depoe (e) In nb event shall the PHA withdraw from under this Section 2.15 amounts $for.the I enterprise -in excess of the amount then'i 2.16. DEFAULTS B1 PHA ASU/OR OWNER. (a) R1 hts of. .Owner if PHA -Defaults Under. A^_i his Isayagraph (a) shall not: apply.toranl (1) In the event of failure of the PiIA ti or if such Agreement is held to be.`vc power or right of the PHA to enter=ie in any legal proceeding, or if`the_Pi is not binding upon the P1?A-'for "any notice to the P11A givin,• it -a reamon. determine_ that 'the occurence of any hereunder. Where ..the Cover.nment ao anJ'ob].igativns`+under `such A;,r�r a:•iit under tied Alp -LL -Ment, includin,^, tha"a SCCLion_2,15 in'optional -. tha c nd c:i 1pat. Ci (2) _111 the event of failure of til, 1'11:1 t or if such 'Contract is held. :to be -Lit, power or right of - the 1-11.1 Co enter in any" legal proccedin,:. or' if th.l 1 not binJinr upou the PHA for ally .&.uc to the 1.1!:1 riving it; a reaso:� ,blc;op determine that tile'occurrencc-of 'i -MY Default. hereunder. Where the Cover right Co assume; the 1'1!.i's rignLS 11and the -obligations and enforce`"the righ,, Powprs as the Governmtmt caay;'1!ave`, to the Govercu:ent`elects to Proceed : -Ji determines tl rtu Lich III t,, the Civner is not in dela such Contract. to pa 1 Y-�+� uua . Contribul assistance payments !aith respect to:c (3) All rights and obligations of the PI1/ this. Settton 2.16 (a)iwill be returnc return (i) when the:government is -sat and that the -Project will thereafter:" applicable ,requirements, ortaTieti + fs,at an end, whichever' (4).The provisions of this Section 2.16(a the Owner, the PHA (where ,it+:is.the '1 lender), or the Owner's other approved by the :Cavern men", prior to`si in default, theymay, in order to enft (i) demand that the -Gov ernment, t6r.' -tial-Default opportunity to.take corretive-action,'. exists.under -if,the paragraph.;(. ':Government determines`that ai the Government taka the action author! (iii) proceed as against the Covernmcr (S) The provisions of: paragraphs (a),(1),:; included in the Agreement and=:the prow (4) of this Section shall'be:Included`, (b) Rights of Government if PHA Defaults UndeA are' mac der zanc r (1) -If the P1!A defaults in the observance or Section 2.4;•fails to comply, with itstob: Certificate•of Family Participation in,a4 comply. with the requireaents,of-Section Performance or observance of any otheL to ACC or --of any term, covenant, 'or conditic fails, in-thc. event of any default by;thc the Agrec;.,cnt or Contract by ! ay of actio satisfaction of -the Govern:ent''or-to--torr. gholc'or -in part,:as directed by the";.hove applicable provisions of-the`Act and:the the Oavern7ent may,. after notice to 0161 to take Corrective action, determine ;that constitutes a'Substantial Default hereund occurrence of a'Substantial Default tiith Inter ' Intere Government so'rcquires,>assign to ests under: the Agreement. -or Contract Government shall continue to`j,ay,Annun llIC unite- covered by 110using_Assistance Payne! terms'of this ACC and of such Contracts'ui (2) All rights and obligations of the PHA 1a t this Section 2.16 (b) will be:returned as return (i) wham :the Co rrnr:ant is` .t1 fit and that the Project -willth-re.�ftcr be1`aZ aPPl.icable-.rnnLii•..L ... . uie. r �.. •Vl,'l `t'•' ".i: _ ♦� S; - Ht,2- 6 -Mfg Y..!{ • MT"rM26 C For New 'Cons true tion and Substantial Rehabili rha].1 contain the follo..ing provisions,: "a. A default by the (X -.mer -under this -Contra "(1) The Or.ner has violated or•failed.tc or obligation under,this-Contract "(2) The O mer has assert-eCor de .rostra some or all of his obligations°;unde "b. Upon a determination by the PHA thata e notify the Ormer, with a :copy to -the Goi; the default, (2) the actions required�tc be'applied:.on account of the default;(-- cure the default and, where, appropriate; payments in`whole or In'part 'and recovei time;rrithin which the Omer shall respor take* all the; actions required of;him take .action to the satisfaction of Cthe'I shall have the_ right .to terminate't_hiw ( to ,take other corrective actionto`achii or as 'directed. by the Government "c (The provisions of this paragraph casha7 Lender.) Notwithstanding;any other!prrn event the Government determines=_that"sth( ligations under the Contract, the,Goveri notice to'the-Owner and the PHA giving.:' take corrective action,=to abate ortert and recover: ova n- rpaym_nts.in accordance ;.t In the event the Government takes; -any., ai and'the PHA hereby expressly agree tq r to the same extent as if the.action:;wer shall not have the right -to terminate.. 'in accordance' with Section;2 16(b):of . Section." " (d) -Rights of PHA if gamer Defaults Under'Contri For*Existing housing Projects, : the Contract --'provisions: - - '- - - - "a. A`default 'by the Owner under this -Cont "Cl) The Owner has -violated or 'failed; or obligation under, this'Contrac "(2) The Ocper has asserted or,demonst some or'all of_his robligations, un "b. Upon a determination by the PHA;that'a notify the Ozmer, t:ith' a copy to; the; G default, '..(2) ,the:actions required.to applied on account of"-the.default (inc the.default, and,_where appropriate;`,e payments,in r.•holc or in part and recov tine within vhicb the (h -mer shall>res; taken all -the actions,required of'him: 'take action to'`the.satisfaction`of.the shall have the right to Germinate'this other corrective action.to achieve:cor as directed by the,Goverr+i;ent s' 2.17. RUMEDIFS NOT LY.CI.USIVF. MID VO:: -WAIVER OF RL.T:I The -availability of any remedy provided for,"ir " not preclude the exercise of any,- .other remady. under any provisions_ of larf,' nor shall any. aci 11.1 f Ji5 • ' i < tiT rezw-,ti be'deca1 a .:nivc:• of s.—' o.'.a: r.,':'. c: +. rii ... 1cly'2-1Cht or rc.. •^ial.l' •ot'ccn viii sive of :Li t- or.tu.y other richor ro'R:iy 'at'u , 2.1E. 7.:?i ,T OF '^ t .,. 0?"TC. i C• ,J�. . S CI'`P, •, 1 -, (a) ;i'either the- PIU. nor a:,: of it^ •cent: ^.etors' o tl:^ir enter+into any contract.. suha. I riot, or arm-r-. ^ .6.1 arty Projectp in :hick any eer,-of iceror c r..nbplc;r member of the governis ; cocy of the to sii:; , a.f c; situated, or ml• r..cmbcr of the e,vein:n„'togy cf..he, Was activated, or any other publicofficial of:;Su-h: exercises any.responsibilitic, or'funions i'h re ffoone year herctcr,tas:am. during: his rtenure or indirect. If ,.any ,such present or* fo+ ^r •ember,-of^ PHA,:-or anq.zuah governing bod re-ber or such other locality or localities.involuntarily acquires.or.,had beginning, 6r, his tenure any such interest,;, ail if su disclosed to the FHA`and such disclosure"i:- -6n-3 the Pi[A, Lith` the prior' approval of tie., over: .ent,:€ contained in this subsection; Provided, ;ho77c%,( rth3 officer, or employee of the PHA shall no part.., relating to such contract; subcontract, or-arrangeric (b) The PHA shall insert in all contracts entered.,,into' Project or.anyy property '_Included 'or planned;to be it and shall; require its contractors to insert in,cach_- the.follovdng provisions:' "No ne.mber, officer; or, employee or the Pii.'1,':nc body of the locality:(city and county).;!*n.7hicl no.mamber of the governiry body of ahe localft� activated and 'no'other. public` of ficial.iof;,such vibo exercises. an/' functions;'or responsibilities •projeet.during his tenure or.for one year thei interest, direct or.indirect,-in this contract` benefits arising therefrom.' (c) Tho provisions of'the foregoing subsection (a)„and' -shall-not be--applicable-to the Depositary:Agrecment service the 'rates 'for which are fixed or :`controlled 219.-MTEREsz OF :^MMR 0? OR DMF.GATE TO CO GaEss• No rle.: i+er of or delegate to the Co. of theUnited commissioner shall be ad.-.it:cd to any-share or part``-of benefits'v.hich ray arise therefrom. �S Y MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT ATTACHMENT A ACC Contract Number Date ACC List Number Date Project Type KC - 9033 1-9-76 KC KC — 9033E - 76 - 048 1-2-76 Existing KC — 76 — 124 5-25-76 KC — 76 — 125 5-25-76 of KC — 76 — 126 5-26-76 it u Y 0 i RESOLUTION NO. 76-173 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY 77 ASPHALT RESURFACING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 29thday of June , 19 76 , at 7:30 o'clock a.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by dePrOsse that the Resolution as read be adopted, AYES: NAYS: ABSENT: BALDIE R dePROSSE FOSTER NEUIIAUSER PERRET S ti l.ZE R VEVERA and seconded by Balmer upon roll call there were: Passed and approved this 8th day of li w i l JAukit m /7 Mayor ATTEST: City Clerk 197_. 0 RESOLUTION NO. 76-174 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM, OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY 77 SANITARY LANDF11.1, •X AVAT ON pgo.jFr.T DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 29thday of June , 19 76 , at 7:30 o'clock PM in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, riot less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by VPvprn and seconded by Selzer 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 _ Veve ra Passed and approved this 8th day of June _I�Mr1 i t C _Ikdyi i ('k y ATTEST: �' U Mayor R City Clerk 19 76 • OLUTION NO. 76-175 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT77D MA� F COST TMFOR THE CONSTRUCTION OF Y DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID Ht AkUN a, w•� ��• ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of 19 the atv7 n ed pr jec isitotbbee Council held on the 22ndday of June , Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate ofocost for the construction of the above-named project are hereby ordered placed by the City Engineer in the office of the City Clerk for public inspection. It was moved by Balmer 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 8thday of June Mayor ATTEST: L City Clerk 1976 0 RESOLUTION NO. _-16-13-5- RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WHEREIN THE CITY OF IOWA CITY, IOWA, SHALL LEASE CERTAIN AUTOMOBILES FOR USE BY THE POLICE DEPARTMENT. WHEREAS, the City Council of the City of Iowa City, Iowa, is desirous of leasing automobiles for use by the Police Department, and WHEREAS, Winebrenner Dreusicke Ford, Inc. is a corporation founded under the laws of the State of Iowa with its principal. business in Iowa City, Iowa, which as part of its business leases motor vehicles, and WHEREAS, a Leasing Agreement has been drafted concerning the rights and obligations of the parties involved and is attached to this Resolution and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to sign and the City Clerk to certify the attached Leasing Agreement. It was moved by deProsse _ and seconded by Selzer _ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Balmer deProsse X X Foster Neuhauser X Perret X Selzer X X Vevera Passed and approved this 8th day of--sLUne – 1976. �4A Mayor ArrrsT :- City Clerk ' LEASING AGREEMENT THIS LEASE AGREEMENT is made and entered into this f/ day of 1976, by and between Winebrenner Dreusicke Ford with its principal place of business in Iowa City, Iowa, herein called LESSOR, and the City of Iowa City, Iowa, a municipal corporation of the State of Iowa, herein called LESSEE. In consideration of the mutual covenants herein contained, LESSOR hereby agrees to lease to LESSEE new automobiles equipped as provided in the specifications under section "EXHIBIT "A", upon the following terms and conditions: 1- TERM. The term of this lease shall be from July 1, 1976, to July 1, 1977, inclusive. If this lease is terminated by LESSEE before July 1, 1977, LESSEE shall pay LESSOR $1,000.00 per vehicle upon return of vehicles. 2• TITLE. LESSOR shall transfer to LESSEE the title certifications to the automobiles leased hereunder, and this lease shall be noted thereon as a first lien in a sum equal to the retail sale price thereof and such certificate .- _. returned to LESSOR. Upon return of any such automobiles to LESSOR, LESSEE will transfer such title back to LESSOR. 3. RETURN OF VEHICLES. Upon termination of this lease with reference to any one or more automobiles, LESSEE agrees to return such automobiles to LESSOR forthwith, together with the title thereto as// provided above. In the event LESSEE returns any such automobile before July 1, 1977, LESSEE shall pay the agreed $1,000.00 per vehicle upon return in accordance with the term of this agreement. ti 4. MAINTENANCE AND REPAIRS. LESSEE shall maintain each automobile and each part thereof in good working order and condition, properly serviced and lubricated, and make all necessary repairs and replacements thereof.- LESSEE shall buy all tires for these vehicles including all tire repair. LESSEE shall repair all damage to body, paint, glass and interior, excluding allowance to make one hole to be drilled into the fire wall to run wires for radios, light • -2 switches, etc. LESSEE shall pay for all gasoline and of used by LESSEE in the. operation of said automobiles. The above, however, shall in no way limit, diminish or waive any applicable warranties and any cone°tions set out therein on the automobiles and each part thereof available thro•,h the manufacturor or the LESSOR, and all such warranties shall remain in full effect. 5. RENTAL. In consideration for the lease of the automobiles as described in Exhibit "A" to LESSEE, LESSEE shall pay to LESSOR $353.00 per month for each automobile in advance, payable on the first day of each =on -,h, (provided that if the lease term for an automobile commences on any ott`s day, the rental for the first month shall be pro -rated and paid on that commenceaent day, and in such event or in the event the lease term for an automobile tarminates on a day other than the last day of a month, the monthly rental for such month shall be pro- rated). 6. LIABILITY. LESSEE assumes full responsibilitv for, and agrees to indem- nify LESSOR against and save it harmless from, any and all loss, liability and expense, including damage for loss of service or use consequential therefrom, arising out of, resulting from, or in any way connected with the use or operation of each automobile leased hereunder whether such use or operation result or be claimed to have resulted in injuries to (including death of) persons or damage to (including loss of, destruction of) property of any person or persons, irclud- ing LESSEE, its employees, servants or agents and LESSEE furthe; agrees -to defend at its sole expense all claims and suits arising out of such injuries or damage. 7. REMOVAL OF INSTALLED EPUIPMENT. LESSOR agrees that LESSEE can install LESSEE'S equipment in and/or on each of said automobiles covered by this lease, and LESSEE agrees to pay all costs for removing said eq_icment at the end of the term including, but not -limited to, repairing drilled holes (except the one aforementioned) and removal of police decals. -3- 0 B. DEFAULT. If LESSEE shall default in the payment of any monthly rental payable to LESSOR hereunder and such default shall continue for more than ten days after LESSOR shall have demanded payment thereof, LESSOR may, at LESSEE'S option, by written notice to LESSEE, terminate this lease. Upon such termination, all vehicles and all LESSEE'S rights therein shall be surrendered to LESSOR. LESSOR may at any time repossess any vehicle to be surrendered by LESSEE, wherever the same shall be located, and may enter upon any premises of LESSEE for that purpose and shall hold all vehicles repossessed free and clear of this lease and of any rights of LESSEE hereunder_ LESSEE: CITY OF IOWA CITY, IOWA BY: ATI LESSOR: WINEBRENNER DREUSICKE FORD BY: Ken D Secretary STATE OF IOWA ) ) SS JOi1NSON COUNTY) President J On this"! day of (/i 1976, before 'me, a Notary Public in and for Johnson County, Iowa, personally appeared,,K ll1/Land each of whom to me are personally known, and each of whom by me severally sworn on oath for himself did say that the said /—/ZZ;p//,9/�l_ is'President and the said is Secretary of the said��%d/f�i/7/iLG1,/�J/?F//dpi Incorporated, of Johnson C,)unty, Iowa, and the seal affixed to the above said instrument is the Corporate _n_ Seal of the said Corp0tion by authority of its Boar •f Directors and the said President, and Secretary, did severally acknowledge said instrument to be the vol untary act and deed of the said Corporation. WITNESS my hand and Notarial Seal the7day, month and year last above written. Notary Public in and for Johnson .Cour.] f, Iowa 0 EXHIBIT Seven (7) marked patrol cars n u 1976 Ford 4 dr Sedan (Cull Size) 400 CID V-8 Engine Cruise -O -Matic Transmission Power Steering Power Brakes AM Radio Air Conditioning Steel Belted Radial Tires Heavy Duty Shocks 80 AmP Heavy Duty Battery 60 AMP Alternator Body Side Moldings Standard interior trim with assorted colors Exterior Trim - all white with the four doors Painted black below the window line_ The LESSOR has the right to add, at their option, extra feel might add to the resale value of the automobiles_ accessories that they RESOLUTION NO. 76-177 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WHEREIN THE CITY OF IOWA CITY, IOWA, SHALL LEASE CERTAIN AUTOMOBILES FOR USE BY THE POLICE DEPARTMENT. WHEREAS, the City Council of the City of Iowa City, Iowa, is desirous of leasing automobiles for use by the Police Department, and WHEREAS, Hartwig Motors is a corporation founded under the laws of the State of Iowa with its principal business in Iowa City, Iowa, which as part of its business leases motor vehicles, and WHEREAS, a Leasinq Aqreement has been drafted concerning the rights and obligations of the parties involved and is attached to this Resolution and by this reference made a part hereof.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to sign and the City Clerk to certify the attached Leasing Agreement. It was moved by Foster and seconded by Perret 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 8th day of June 1976. .-14rI, O (x.1,1Al i 9 o Mayor ATTEST: � L. City Clerk, LEASING AGREEMENT THIS LEASE AGREEMENT is made and entered into this ,y Zk day of n 1976, by and between Hartwig Motors with its principal place of business in Iowa City, Iowa, herein called LESSOR, and the City of Iowa City, Iowa, a municipal corporation of the State of Iowa, herein called LESSEE. In consideration of the mutual covenants herein contained, LESSOR hereby agrees to lease to LESSEE new automobiles equipped as provided in the specifications under section "EXHIBIT "A", upon the following terms and conditions: 1. TEP14. The term of this lease shall be from July 1, 1976, to July 1, 1978, inclusive. 2. TITLE. LESSOR shall transfer to LESSEE the title certifications to the automobiles leased hereunder and this lease shall be noted thereon as a first lien in a sum equal to the retail sale price thereof and such certificate returned to LESSOR. Upon return of any such automobile to LESSOR, LESSEE will transfer such title back to LESSOR. 3. RETURN OF VEHICLES. Upon termination of this lease with reference to any one or more automobiles, LESSEE agrees to return such automobiles to LESSOR forthwith, together with the title thereto as provided above. In the event LESSEE returns any such automobile before July 1, 1978, LESSEE shall pay the agreed rent for such automobile(s) until such vehicle is returned. 4. 14AINTENANCE AND REPAIRS. LESSOR shall maintain each automobile and each hart thereof in good working order and condition, properly serviced and lubricated, and make all necessary repairs and replacements thereof. LESSEE shall buy all tires for these vehicles including all tire repair. LESSEE shall repair all damage to body, paint, glass and interior, excluding allowance to make one hole to be drilled into the fire wall to run wires for radios, light switches, etc. LESSEE shall pay for all gasoline and oil used by LESSEE in the operation of said automobiles. 0 -Z 0 5. RENTAL. In consideration for the lease of the automobiles as described in Exhibit "A" to LESSEE, LESSEE shall pay to LESSOR $167.00 per month for each automobile in advance, payable on the first day of each month, (provided that if the lease term for an automobile commences on any other day, the rental for the first month shall be pro -rated and paid on that commencement day, and in such event or in the event the lease term for an automobile terminates on a day other than the last day of a month, the monthly rental for such month shall be pro -rated). 6. LIABILITY. LESSEE assumes full responsibility for, and agrees to indemnify LESSOR against and save it harmless from, any and all loss, liability and expense, including damage for loss of service or use consequential there- from, arising out of, resulting from, LESSEE'S use or operation of each automobile leased hereunder whether such use or operation result or be claimed to have resulted in injuries to (including death of) persons or damage to (including loss of, destruction of) property of any person or persons, includ- ing LESSEE, its employees, servants or agents and LESSEE further agrees to defend at its sole expense all claims and suits arising out of such injuries or damage. This waiver and release in no way limits, waives or releases LESSOR's liability in maintaining each automobile and each part thereof in good working order and condition. LESSOR assumes full responsibility for and agrees to indemnify LESSEE against and save it harmless from, any and all loss, liability and expense, including damage for loss of service or use consequential there- from, arising out of, resulting from LESSOR'S maintenance of each automobile and each part thereof as detailed in paragraph 4, MAINTENANCE AND REPAIRS of this agreement_ Whether such maintenance or lack thereof resulted or is claimed to have resulted in injuries to (including death of) persons or damage to (including loss of, destruction of) property of any person or persons including the LESSEE, its officers, employees, or agents and LESSOR further • -3 . agree to defend at its sole expense all claims and suits arising out of such injury or damage. 7• REMOVAL OF INSTALLED E UIPMENT. LESSOR agrees that LESSEE can install LESSEE'S equipment in and/or on each of said automobiles covered by this lease, and LESSEE agrees to pay all costs for removing said equipment at the end of the term including, but not limited to, repairing drilled holes (except the one aforementioned) and removal Of police decals. 8• SPI=RDIINATION. This agreement may be terminated by both parties upon written notification to the other party. Said notification shall be by certified letter and at least 30 days prior to the termination date. Upon such termination, all vehicles shall be returned to the LESSOR and all rights and obligations stated herein shall cease. • EXHIBIT "A" Five (5) unmarked cars of various models including Dart Aspen Coronet Charger The LESSOR has the right to add, at their option, extra accessories that they feel might add to the resale value of the automobiles. LESSEE: CITY OF IOWA CITY, IOWA BY: ATI LESSOR: HARTWIG MOTORS, INC. BY: E. Har J On this // ""day of X«:`'Z._ , 1976, the above mentioned LESSEE and LESSOR appeared li fore me, who, being duly sworn, acknowledge the execution of said instrument to be the voluntary act and deed of said corpora- tion, by it and by them voluntarily executed. Notary Public In 2n6 Iot ;nunson Cocnty Ccmmissinn PsPbes C��w eWPI, 30, 1976 j f S f {. FYI .lbw 1 n. lz h it` f � }Y• Y I � it Y ' •. I t X 1 5 ^1 f. tib! i r >?It`i �• k A4 11 { r ti ta^ t < � ! l 4 IT