HomeMy WebLinkAbout1976-08-24 Resolution0
RESOLUTION NO. 76-275
RESOLUTION APPROVING C "
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:
Friday's, Inc. dba/ T.G_I_ Friday's, 11 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 responsibili
information or documenty, surety bond and all other
ts required to the Iowa Beer and
Liquor Control Department.
It was moved by Foster
as rea and seconded by Balmer
that the Resolution
there were: adopted, and upon ro ca
Balmer AYES: NAYS: ABSENT:
x
deProsse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
x
Passed and approved this 24th
day of August 19 76
1 3aa
RESOLUTION N0, 76-277
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:
East Moline Pizza Hut, Inc. dba/ Pizza Hut, 1921 Keokuk 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 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 Foster and seconded by Balmer
that the Resolution as Tea a adopted, and upon ro ca
there were:
Passed and approved this 24th day of August -
1976
AYES: NAYS: ABSENT:
Balmer
x
deProsse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
x
Passed and approved this 24th day of August -
1976
RESOLUTION NO. 76-276
ON OF APPROVAL OF CLASS B
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CI`1'Y, IOWA, that
a Class B Sunday Sales Permit application is hereby
approved or t e ollowing named person or persons at the
following described location:
Friday's, Inc. dba/ T.G.I. Friday's, 11 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 the license Sea, bond, and all other information or docu-
ments required to the Iowa Beer and Liquor Control Department.
It was moved by Foster and seconded by Balmer
that the Resolution as read be a op e , and upon roll ea there
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera
x
Passed this 24th day of August , 19 76
y
i
RESOLUTION N0. 76-278
LtE iT RESOLVED BY THE CITY COUNCIL OF
rowa CIPY
approved or t e lollowiny Sales Permit application Islh0erebyhat
a class $
following described location ed person or
Persons at the
East Moline Pizza Hut, Inc. dba/ Pizza Hut, 1921 Keokuk 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
be endorsed upon the application
with the license foe and forward the sameptogethto
er
menta required e , bond, and all other information or docu-
the Iowa Beer and Liquor Control Department.
It Was moved by Foster
that the Resolution as rea and seconded b
were: e a opte Y Balmer
and upon roll ca t ere
Bal-- m— ems_
deProsse
Foster
Neuhauser
Perret
Selzer
Vevera
Passed this
AYES: NAYS: ABSENT:
x,
x
24th day ----_
August , 19 76
RESOLUTION NO. 76-279
RESOLUTION APPROVING CLASS L
LIQUOR CONTROL LICENSE APPLIMIOA
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:
Cardan, Inc. dba/Joe's Place, 115 Iowa Avenue
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 Foster and seconded by Balmer
that the Resolution as rea a adopted, and upon row ca
there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret
h
Selzer a
Vevera x
Passed and approved this 24th day of August
19 76
32b
��:,.3S o
RESOLUTION N0. 76_284
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLTMT7Aj
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:
Robert H. Smelser & Wilson E. Wiley dba/Hind End Lounge,
1310 1/2 Highland Court
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law,
he City
to heTendorsedCupon theshall
application eand forward nthe rsame
together with the license fee, certificate of financial
proval
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
Perret
Selzer
Vevera
Foster and seconded by Balmer
as res a adopted, and upon—r-011—c--Eu
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Passed and approved this 24th
day of August
1. 9 76
13 ;k7
n
RESOLUTION NO. 76-285
RESOLUTION OF APPROVAL OF CLAS
LICENSE APPLICATIO,J. sNNnav s.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
a Class C Sunday Sales Permit application is hereby
approved or t e ollowing named person or persons at the
i'ollowing described location:
Marquette Club - Knights of COILunbUs Building Association, 328 E.
lYashington 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 Foster and seconded byBalmer
were:
that the Resolution as rea e a op e , and upon roll call there
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret
x
Selzer x
Vevera x
Passed this 24th day of August 19 76
3exy
^V
/�G�� YS 1
6
RESOLUTION NO. 76-280
RESOLUTION TO ISSUE CICARETTE PERMITS
WHEREAS, the following firma and paraona have made application, filed the
bond, and paid the mulct tax required by law for tha sale of cigarattea and
cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL 07 IOWA CITY, IOWA, that the applications
he granted and the cigarette bond now on file in the office of the City Clerk be
:ind the same are hereby approved, and the City Clerk be and he is hereby directed
Lo Issue a permit to 8211 cigarette papar3 and cigarattea to the following named
persona and firma:
University 66 Service, 25 w_ Burlington St.
Applegate's Landing, 1411 South Gilbert (Iowa City Supply & Vending)
Highlander Inn and Supper Club, Route 2
Dick's Texaco, 301 Kirkwood Ave.
Denny's Riverside 66, 804 South Riverside Drive
East -Vest Oriental Foods, 615 Iowa Avenue
It was moved by Foster and seconded by Balmer
that the Resolution as read -be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera ;;
Passed this 24th day of August
19 76
/329
RF,SOLUTION NO. 76_281
RESOLUTION TO ISSUE DANCING PERMIT.
1SF IT RESOLVED BY THE CI'CY COUNCIL OF IOWA
Permit as provided by law is -ry Cb
at the followin CITY IOWA, that a Da
endorsed g described locations granted to the followingPerson
ed thereon the ceritifcates upon his ficin named person and
com lied of the g an application
allpfire with all health and sanitary proper city officials having
Permit, Haws regulations and ordinances,• regulations, and anancehaving
Navin ordinances and g a valid Class "B',' Beer
The Highlander Inn and Supper Club, Route 21 Iowa City
It was moved by Foster
that tl,e Resolution as read be ado ted and
P and upon
AYFS: NAYS: ABSENT:Balmer
�— x
deprosse
x
Foster —
x
Neu]iauser '�—
Y.
i orret
SelzSelZer — r — x
i
Vevera
P s /14th
day of puusl�
seconded by Balmer
roll call there were:
19 76
3 2C(
RESOLUTION NO. 76-282
RESOLUTION TO REFUND BEER PERMIT
WHEREAS,--tM Victor V. WOolums dba/A & V at 431 Kirkwood Ave.
izza i a
has surrendered beer permit No. C5232 expiring May 7, 1977
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 $ 56.25 payable to the Victor Vincent Iloolums II
for refund of beer permit No. C-5232 dba/A & V Pizza Villa
It was moved by foster and seconded by Balmer that
the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: SIGNED•
X Balmer
}' deProsse
x
rne+c r
X
Neuhauser
X Perret
X
Selzer
X
Passed this 24th day of August
Signed Lhis day of
Vevera
19 76
19
330
��.G 5 _5 13
• RESOLUTION' N0. 76—
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Central Vendors, Inc, -ba/ at 405 S Gilbert
SanctuarySt.
in Iowa City, Iowa, has surrendered cigarette permit No. 77-52
June 3019 76 ---- F expiring
, and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IGWA, that cigarette
permit No. 77-52 issued to Central Vendors Inc
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized and directed to draw a warrant on the General Fund in the amount of
$ 75.00 payable to Central Vendors, Inc.
as a refund on cigarette permit No. 77-52
It was moved by Foster and seconded by Balmer
that
the Resolution as read be adoFted, and upon roll call there were:
Balmer
deProsse
Foster
Neuhauser
Perret
Selzer
Vevera
AYES:NAYS: ABSENT:
X
Passed this 24th day of August
19 76
x
X
X
Passed this 24th day of August
19 76
RESOLUTION NO. 76-286
RESOLUTION AUTHORIZING AGREDTANT BETWEEN THE CITY OF IOIVA CITY
AA'D 'THE JOHNSON COUNTY AREA PUBLIC BIPLOYEES, AF -SOME, LOCAL
"183, TO BE EFFECTIVE JULY 1, 1976 TROUGH JUNE 30, 1978.
*[EREAS, the City of Iowa City, Iowa (hereinafter the City) and the Johnson
County Area Public Employees, AFSDIE, Local #183 (hereinafter the Union), through
their designated bargaining representatives, have negotiated a tentative collec-
tive bargaining agreement to be effective July 1, 1976, through June 30, 1978,
a copy of which Agreement is attached to this resolution as "Exhibit A" and by
this reference made a part hereof, and
WIERFAS, the Union has approved the Agreement by a vote of its membership on
August 4, 1976, and
UTIEREAS, the City desires to approve the Agreement, finding that it will
promote efficient municipal operations, thereby providing residents of the com-
munity with municipal services;
NOW, T[IEREFORE, BE IT RESOLVED BY THE COUNCIL OF -[FIE CITY OF IOIVA CITY,
I01VI4, THAT:
1. The above -referenced Agreement between the City and the Union is
hereby approved by the City.
2. The Mayor is hereby authorized and directed to sign, and the City Clerk
to attest, the Agreement.
It was moved by Foster and seconded by deProsse
that the Resolution as react e a opte , 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 24th day of August 1976.
Mayor
City Clerk
ACREDIENT
between
THE CITY OF IOWA CITY,
THE IOIVA CITY LIBRARY BOARD OF TRUSTEES
and
• THE AMERICAN FEDERATION
STATE C OF
, COUNTYAND MUNICIPAL EMPLOYEES,
LOCAL 183,
AFL-CIO
JULY 1, 1976
through
JUNE 30, 1978
10�C41
91 •
TABLE OF CONTENTS
-i-
Preamble. . . . . . . . . . . . . . . . . . . . .
. . . . . . 1
•
I.
Recognition . . . . . . . . . . . . . . . . . . .
. . . . . . 2
II.
Management Rights . . . . . . . . . . . . . . . .
. . . . . . 2
III.
No Strike - No Lockout . . . . . . . . . . . . . .
. . . . . . 3
IV.
Bulletin Boards . . . . . . . . . . . . . . . . .
. . . . . . 3
V.
Business Agents . . . . . . . . . . . . . . . . .
. . . . . . 4
VI.
Dues Check Off . . . . . . . . . . . . . . . . . .
. . . . . . 4
VII.
Hours of Work . . . . . . . . . . . . . . . . . .
. . . . . . 5
1. Work Week . . . . . . . . . . . . . . . . . .
. . . . . . 5
2. Temporary and Part-time Employees . . . . . .
. . . . . . 5
A. Permanent Part-time . . . . . . . . . . .
. . . . . . 5
B. Temporary Employees . . . . . . . . . . .
. . . . . . 5
3. Scheduling . . . . . . . . . . . . . . . . . .
. . . . . . 5
4. Rest Periods . . . . . . . . . . .
. . . . . . 6
5. Meal Periods . . . . . . . . . . . . . . . . .
. . . . . . 6
6. Clean-up Time . . . . . . . . . . . . . . . .
. . . . . . 6
7. Inclement Weather . . . . . . . . . _ . . . . .
. . . . . . 6
VIII.
Overtime . . . . . . . . . . . . . . .
. . . . . 6
•
1. Overtime . . . . . . . . . . ... . . . . . . .
. . . . . . 6
2. Overtime Equalization . . . . . . . . . . . .
. . . . . . 7
3. Overtime Rest Period . . . . . . . . . . . .
. . . . . . 7
4. Stand-by Time . . . . . . . . . . . . . . . .
. . . . . . 8
S. Reporting Pay . . . . . . . . . . . . . . . .
. . . . . . 8
6. Minimum Call-in . . . . . . . . . . . . . . .
. . . . . . 8
7. Professional Employee . . . . . . . . . . . .
. . . . . . 8
8. Sunday Work at the Library . . . . . . . . .
. . . . . . 8
9. Calculation of Overtime . . . . . . . . . . .
. . . . . . 8
10. Payment of Overtime . . . . . . . . . . . . .
. . . . . . 8
IX.
Holidays . . . . . . . . . . . . . . . . . . . . .
. . . . . . 8
X.
Vacations . . . . . . . . . . . . . . . . . . . .
. . . . . . 10
1. Accumulation . . . . . . . . . . . . . . . . .
. . . . . . 10
2. Use of Vacation . . . . . . . . . . . . . . .
. . . . . . 10
3. Payment of Accumulation . . . . . . . . . . .
. . . . . . 10
4. Transition Period . . . . . . . . . . . . . .
. . . . . . 10
-i-
TABLE OF CO\TEATS
Pre<vnble .
1• Recognition
II, Minagement Rights
11T, No Strike - ,\o L
Lockout
2
IV. Bulletin Boards
Z
V• Business Agents
V1. Dues Check Off
3
_
VI[- Ffours of Work
4
I- Work Week
4
Temporary andPart-time Employees
5
A• Permanent Part-time
5
B• Temporary Employees
5
3• Scheduling
4- Rest Periods
5
5. Meal P eriods
5
6- Clean-up Time
6
7- Inclement Weather
6
VIII. Overtime
6
-1 - Overtime .
2. Overtime Equalization
6
3. Overtime Rest Period
6
4.7
Stand-by Time
Reporting Pay
,
6. AIinirmun Call-in
8
7, Professional Employee
8
•
8. Sunday Work at the Library
8
9. ,
Calculation of Overtime
10. Payment
yrnent of Overtime -
IX. Holidays .
g
X. Vacations
8� 9
1. Accumulation
2. Use of Vacation
10
of. . .
3. Payment o F Accrmiulation
IO
10
4•
Period
10
10
-i-
••
XI.
Sick Leave
. . . . . . . . . . . . . . . . .
. . 11
1. Accumulation . .
. . . . . . . . . . . . . . . . . . . .
. . 11
2. Use of Sick Leave .
. . . . . . . . . . . . . . . . . . .
. . 11
3. Notification . .
. . . . . . . . . . . . . . . . . . . .
. . 11
4. Injury on the Job . .
. . . . . . . . . . . . . . . . . .
. . 11
S. Sick Leave Bank .
. . . . . . . . . . . . . . . . . . . .
. . 12
XII.
Special Leaves . . .
. . . . . . . . . . . . . . . . . . . .
. . 12
I. On -the -Job Injury . . . . .
. . . . . . . . . . . . . . .
. . 12
2. Funerals . .
. . . . . . . . . . . . . . . . . . . . . .
. . 13
3. Leave of Absence Without Pay . . . . . . . . . . . . . . .
. 13
4. Jury Duty . . . . . .
. . . . . . . . . . . . . . . . . . .
. 13
S. Witness Fees .
. . . . . . . . . . . . . . . . . . . . . .
. 14
6. DIilitary Leave . .
. . . . . . . . . . . . . . . . . . . .
. 14
7. Voting Time . . . . .
. . . . . . . . . . . . . . . . . . .
. 14
8. Pregnancy Leave . . .
. . . . . . . . . . . . . . . . . . .
. 14
9. Union Business Leave
. . . . . . . . . . . . . . . . . . .
. 14
XIII.
Seniority
, ,
1. General Provisions
. . . , , . . , . , , , , . , _ ,
. 15
2. Use of Seniority .
. . , . . . . . , .
. 15
A. Transfer Procedures . . . . . . . . . ... ,-,-, -,
15
B. Reduction Force
.in . . . . . . . . . . . . . . . . . .
. 16
C. Recall from Layoff . . . . . . . . , . . . . . . .
. 16
3. Trial Period
. . , . . . . , • • • . • , , , . • , . .
. 16
A. Employee Option .
. . . . . . . .
16
B. City Option . . . /.
. . . . . . . . . . . . . . . . . .
. 17
4. Compensation after Transfer . . . . . . , . . , . . . .
. 17
S. Transit Scheduling . . .
. . . . . . . . . . • . , .
17
XIV.
Discipline . . . .
. , ,
17
I. Purpose . . . . .
. ,
17
2. order of Actions
. . . . . . . . . . . . . . . . . . . .
. 17
3. Serious Violations
. . . . . . . . . . . . . . . . . . . .
• 17
XV.
Insurance
. . .
1, Medical Insurance
. . . . . . . . . . . . . . . . . ,
. 17
2. Life Insurance
. . . . . . ... • , , . • .
17
XVI. Safety . . . , -
I. Policy . . . . . . . . . . . . .
18
. . . . . . . . . .
2. Standards . . . .
. . 18
_
3. Notice of DeEect . . . • • • .
18
4. Special Grievance Procedure
18
5- Safety Committee . . . .
18
XV1T.
Personnel Transactions .
18
XVIII.
Clothing and . . . . . . . . . . . . . .
Clothing Equipment
. . 18
XIX.
Recovery and Rehabilitation Program _ • ' '
' • 19
1. Voluntary Referral Service .
• • 19
2. Problem Drinking
19
3. Procedure . . . . . ' ' ' • ' •
• • 19
XX.
Grievance Procedure •
19
• • . • • . . . . . •' • •
1. Definitions . . , -
• • 20
.
2. Representation . . . . ' ' ' •
• • 20
. • . ' • •
3• Limitations . .
• • 20
,
4. Procedures . . . . . . . . . . . . . . . . . . . .
. . 20
5. Grievance Committee ' • ' •
• . 20, 21
XXT.
Pay Plan . . . . . .
22
1. Classification Plan .
• • .
• 2L
. . • . . . . • . ' • '
2. Dfer.it Plan . . . .
• . 22
.
3. Pay Increases . . . . . . . . . . . . . . . . ' . '
. . 22
4. Pay Plan . . . . . . . . . . . . . . . . . .
22
XXII.
Authorized Representation, Entire Agreement, and Waiver,
23
XXII1.
General Conditions . • '
' 23
XXIV.
Duration of Agreement . . .
24
XXV.
Savings Clause . . . . . . • . • . • • • . • • ' • ' •
• 24
.
Classification Plan
24
Sienature Page • • . . . . . . . . . • ' •
. .
• 25, 26, 27
. . . . . . . . . . . . . . .
. 28
• 0
• AGREL%1liVT OF '111E CITY OF IOIVA CITY and TITS IOIVA CITY LIBRARY BCUIRD OF
IRUSTI;F.S WITII JOIiNSON COUNTY AREA PUBLIC EMPLOYEES, AFSQgE, LOCAL N 183
•
40
PREMffiLE
This Agreement is executed by the CITY OF IOWA CITY, Iowa, and the
Iowa City Library Board of Trustees, and the Johnson County Area Public
Employees, AFSGME, Local k 183. Unless otherwise stated the word "City"
will refer to the City and to the Library Board and the employee organization
will be called "Union". Throughout this Agreement members of the bargaining
unit are referred to as "employees".
It is the purpose of this Agreement to promote:and ensure harmonious
cooperation and understanding between the City and the Union to ensure
collective bargaining under the laws of the State of Iowa, as well;as
applicable ordinances of the City of Iowa City. It is the purpose of
the City and the Union to establish salaries and terms of employment
consistent with the availability of public funds and with the goals and
purposes of the City Charter. The City and the Union jointly pledge
their cooperation to work together in the public interest to provide
improvement in the effectiveness and efficiency of the services offered
to the citizens of Iowa City.
The parties agree to the following specific provisions:
1
® 0
ARTICLE 1
RECOGNITION
•
Section 1. The City of Iowa City, Iowa, recognizes the Johnson
County Area Public Employees, AFSGIE-, Local 183, as the sole and exclusive
bargaining agent for all City of Iowa City employees except those specifically
excluded in Section 3 of this Article. This certification is based on
an Order of Certification promulgated by the Iowa Public Employee Relations
Board on February 2, 1976.
Section 2. The Iowa City Library Board of Trustees recognizes
the Johnson County Area Public Employees, AFSCrIE, Local 183,,as the sole
and exclusive bargaining agent for all Iowa City Public Library._ Employees
except those specifically excluded in Section 3 of this Article. This
certification is based on an Order of Certification promulgated by,the
Iowa Public Employee Relations Board on February 9, 1976.
Section 3. Sworn police officers and firefighters as well as
all supervisory, confidential and temporaryemployees and others who are
excluded from the laws relating to collective bargaining in Chapter 20
of the 1975 Code of Iowa are excluded from the terms, conditions,. or
application of this Agreement.
Section 4. The City agrees that it will not sponsor,,or promote,
financially or otherwise, any other group or labor organization, for the
purpose of undermining the Union; nor will it interfere with, restrain,
coerce, or discriminate against any of its employees in connection with •
their membership in the Union.
ARTICLE II
MANAGENIENT RIGNfS
Section 1. Except as Limited by the express provisions of this
Agreement, nothing herein shall be construed to restrict, limit, or
impair the right, powers, and authority of the City under the laws of
the State of Iowa and the City's ordinances. These rights, powers, and
authority include, but are not limited to the following:
a. To direct the work of its employees.
b. To develop, implement and enforce work rules, safety
standards, performance and productivity standards.
C. To hire, promote, transfer, assign, classify, schedule,
and retain employees within the operation of the City
government and to develop and maintain qualifications
standards and procedures for employment, promotions, and
transfers.
d. To discipline, suspend or discharge employees for just
cause. •
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I • e. To maintain the efficiency
and to determine of the governmental operation
and maintain the nature, scope and
definition of City organization.
f. To Of employees from duties because of lack of work,
lack of adequate public financing, or for other legitimate
reasons.
g. To determine the amounts, methods, and procedures for
compensating employees and the: definition of, necessity
for, allocation of, and nature of overtime and the method
of compensating overtime.
h. To determine and implement the methods, means, tools,
locations, equipment, and assignment of personnel by
which its operations are to be conducted including but;
not limited to the right to
work. contract and subcontract
T• To take such actions as may be necessary to carry out its
mission.
j• To initiate, prepare, certify and administer its budget.
k. To exercise all powers and duties granted to it by law.
ARTICLE III
NO STRIKE --NO LOCKOUT
Section 1. No Strike. No employee covered by this Agreement
shall engage in any stri e at any City facility or at any location in
the City where City services are performed during the life and duration
oft is Agreement.
If any strike shall take place, the Union will
notify
employees engaging in such activities to cease and,
desist, and it s '
of this Agreement andpislunauthorized.declare thEm loyeessuch cin the is in violation
unit, while acting in the course of theirmemployment, in the bargaining.
to cross any picket line established b labororganization
r shall not refuse
called upon to cross such picket line in
ellinoe ofgatiThe Cit
will make reasonable efforts to assure a duty.' The City
picket lines. Any employee engagingmPloyee safety iviolatsing_-.
Article shall be subject to imeiaeldisci disciplinary action ivity ti includi g the
discharge by the City, p rY including
Section 2. No Lockout. The City agrees not to lock out
employees
as a result of disputes -ring the term of this Agreement.
.
ARTICLE IV
BULLETIN BOARDS
Section 1. The City shall assign space as currently provided: on
• bulletin boards for the Union to post notices, a co
provided to the Human Relations Director. No shaof ll not ccontain be
Political material, libelous material, or material which is injurious to
the City or to employees. Union notices will be limited to designated
spaces.
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ARTICLE v
BUSINESS AGENTS •
Section 1. The Union shall have the right to designate agents,
not to exceed two (2) persons at any one time, who shall have access to
City facilities only during regular working hours, for the purpose of
investigating matters relating to the administration of this Agreement.
Section 2. The Union shall notify the Hunan Relations Director
after making such designation. Any such investigation will be conducted
so as to not interfere with City business and any such -agent will comply
with City safety, security and other regulations. Notice will be given
to the Department Director or designee when a business agent enters City
property or facilities.
City employees may not spend working time to meet with business
agents unless specifically permitted by another provision of this
Agreement.
ARTICLE VI
DUES CHECK OFF
Section 1. The City agrees to deduct Union membership fees and
dues once each month from the pay of those employees :who individually
authorize in writing that such deductions be made. The Union will certify •
the amount of dues to be deducted and the structure of thedues schedule
in a letter signed by the President and.notarized. Authorization for
check off must be received by the 15th of the month in order to be
withheld from the first check of the next month.
Section 2. Check off moneys will.be deducted from.the first pay
check of each calendar month, and shall be remitted, together with an
itemized statement, to the Union Treasurer within ten -(10) days after
the deductions have been made.
Section 3. The City will not deduct dues beginning the first of
the calendar month after which an employee is no longer part of the
bargaining unit. An employee may voluntarily cancel or revoke authorization
for check off by delivery of written notice to the City and to the
Union. Cancellations received by the 15th of the month will become
effective on the first of the next month.
Section 4. The City will not be liable and will be held blameless
for damage arising by virtue of mistakes in connection with funds collected
under the provisions of this Article. The City will not be responsible
for payment of dues, special assessments or any other deduction upon an
individual's default.
•
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ARTICLE VII
• HOURS OF WORK
Section 1. Work Week. Except for six.(6) and seven _(7) -day
operations, the regular wor week for permanent full-time employees
shall begin on Monday and extend through Friday and will consist of five
consecutive eight hour days for a total of forty (40) hours, which
includes holidays and paid leave. Any employee whose work week regularly
varies from this will be notified at the time of employment. The;supervisor
and the employee may agree to vary the regular work week.. A day will be
defined as the time between 12:01 A.M. and midnight 24 hours later.
Section 2. Temporary and Part-time Employees.
A. Permanent part-time. Permanent part-time employees
shall be assigned a regular nu er of hours per week for the purpose of
determining the City's benefit contribution. Benefits to permanent
part-time employees will be prorated on the number of hours to which
the employee has been assigned. Occasionally the hours -actually worked
will vary from the assigned number. No minimum amount of work is,guaranteed
to part-time employees. Any employee whose hours actually worked regularly
exceed his/her assigned hours shall be reassigned hours for the purpose
of proration of benefits. An employee may request a redetermination of
his/her assigned hours or proration of benefits through the grievance
procedure. Nothing in this section shall require a permanent part-time
employee to regularly work more than his/her assigned hours.
B. Tem reement is ora Em to ees. A temporary employee within the
meaning of this one who is appointed for a particular
purpose for less than twelve (12) months. Casual employees, seasonal
employees, special program employees, and employees who regularly work
less than 20 hours/week are also temporary within the meaning of this
Agreement. Temporary employees are not entitled to sick leave, vacation,
insurance benefits, seniority, holidays, use of the grievance procedure,
or any other benefits provided under this agreement.
If an employee has worked as a temporary employee for six (6)
months, he/she may file a request with the Human Relations office for
permanent status. Provided: that a permanent vacancy within classification
is available for which the employee is qualified, the temporary,.employee
may compete with other applicants for the vacancy on basis of:seniority
accrued from the last date of hire. If no permanent opening is available,
the employee will be laid off immediately -The employee may elect to
continue on temporary status for the duration of the particular purpose
for which they were employed.
The seniority date for current temporary employees who apply
for and are placed in permanent positions will be July 4, 1976.
Special program employees include those funded by CEPA, work-study, WIN,
Revenue Sharing for youth programs contract, andsimilaremployees..
Section 3. Schedulin The City may:temporarily vary the.,-
• schedule of any employee by giving noticeto the employee that the
schedule is to be varied either 24 hours ahead or on the preceding work
day. No prior notice to change schedules is required in emergency
situations or in the case of inclement weather.
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Section 4. Rest Periods. Except for the transit employees,
due City will provide a i
during the regular wteen (IS) minute rest period at two times
ork day. The location and scheduling will be determined
by the immediate supervisor. 'rhe rest period will be scheduled at
regular times within the work day to accommodate staffing needs.
Preferences will be considered. Employee
City willprovide
S. Meal Periods. Except for transit employees, the
minutes each day tan o eanpo? I H_c period of not less than thirty (30)
the lunch period will be scheduledees in lat ve aareoperations. Whenever possible,
Meal periods will be scheduled to accomnodag eathe time
needs of the
department with consideration of the in the work y
preference of employees.
Section 6. Clean -U2 time. If the nature of work performed
requires it, employe -es --WI e a lowed at least five (S)
personal clean-up at the end of the work day. Minutes for
Section 7. Inclement weather.
to work regardless o wea ter con ikons ifptheeCcanre expected is come
Employees who appear for work at the scheduled time willbe
compensated. ss
Generally, City operations will not be suspended, but may be. rescheduled.
If work is to be rescheduled the immediate s ompensated.
information, supervisor will have available
Employees who are unable to get to
because of weather conditwork or who leave work early
ions may do one of the following:
a. Arrange to make up the work with the approval of the.
immediate supervisor.
b. Charge the time missed to holiday, vacation, compensatory
time, or personal leave.
C. Take leave without pay for the time missed.
ARTICLE VIII
OVERTBIE
Section 1. Overtime. Overtime is work
full or part-time emp o�n excess of eight Performed per
d a permanent
(40) hours per week with the following exction: hours per day ul forty
scheduled to work more than eight (8) hours per Employees receive
regularly
for the time worked in excess of the re per day will hours per da.
regularly scheduled hours per day.
e.g., landfill employees who work twelve (12) hours per
t i
day will receive overtime for time spenn excess of twelve
(12) hours per day or forty (40) hours.per week.
Prior authorization from the employee's supervisor is required
requiredvtotworkime wovertime but ork will becreditmay ed. E not Employees may be periodically
physical inability or serious personal need; Suchrequests to rformr obbe excusof
ed
•
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from performing overtime will not be unreasonably denied.
• (6th)For following f )lda� employees, work performed on the sixth
With the seventh g exceptions:
y of the work week shall be considered overtime
who are re continuous shift
For regularly scheduled to work on six employees and persons
that worked bent part-time employees all (6)wordrajys
Y Permanent full-time employees will be Considered i dexcess o time.
g t-
77�ere will be no pyramiding of overtime,
e•g•, if an employee is called back to work on Saturday
he/she may claim the overtime rate either for
call-in or the sixth(6th) day premium,
the minimal
Overtime w' not for both sections.
times the currentl be compensated at the rate of one
time off at the base hourly rate of the e and one-half
overtime rate of one and one- employee or b (1 1/2)
worked. 771e de half (1 1/2) hours for each
and employee preferences Willea�t� staffing needs ch hour of
compensatory time given. Imine whether over naeis paid or cial considerations,
Section 2. Overtime
a• To the �— E utilization.
employees equallygconsidt extent posse le
abili g the t > overtime shall be Offered -to
ability of the individual employee type
°f work, the
follo1OTs and
wing an e d the emplo ee'stseniprityee's desireft0 perform the
follow' y
The employeeY as set forth in the
•beerwith the necessary qualifications
the least number of overtime '
Offered such assignment, hours in that classificationbwilllbe first
employees in gement, and in the event that overtime hours.amon
the event no that classification are equal, seniorit
the qualifiedemployee
employee desires such work,
sehe niority shallPrevailIn
assignment"�ployCe wlth the least credit overime hours
and if there are Y shall select
Of overtime hours two or more employees with for such
assigned, > the employee with Lite least senorit the same number
b• The City shall ma' Y shall be thus
public place in the work area, and post (at least monthly)
hours worked by each e a list of classificatio Y) ut a
accumulated overtime Poyee, and shall keep such ns showingovertimeshall commence on January being credited forward. list current with
ry 1 of each year: Overtime accumulation
highest who are new to a division shall be credited with
g number of hours in the classification.
from the equalization procedure est. may the
at their own request. Y lie excused
Section 3, Overtime Rest
to work at least two eriod, If
work day, the Cit t ptours Iumne lately afternthe emPloployee isrequirednorm
o m I
Y ill rovide for ore of the following; s normal
a• A rest period of one-half hour immediately following
day, or
b
One additional half- the work
rate. hour of paid e
compnsation at the overtime
•
This section does not apply if the employee is required to work- than 2 (two) hours following the work day, less
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Section 4. Stand-by Time. Employees who are on stand-by time
are required to be at a place designated by them which has access to a
phone and from which they may reach the work area promptly. Employees
on stand-by will be compensated at a rate of six (6) hours at current:
base pay rate for each week of stand-by time. A call device and vehicle
will be furnished to an employee on stand-by. Employeescalled to work
shall be paid at the regular call-in rate for each call in addition to
stand-by.
Section 5. Ret, Pa If an employee reports for work at
his/her regular time anp ace ut is sent home by the supervisor because
of an emergency because work cannot be performed, such employee shall be
paid a minimum of two (2) hours at his/her regular straight time pay.
The City will make every effort to allow the employee to make up the
work at straight time at a different time, where the nature of work
permits.
Section 6. Minimum Call-in. An employee who has completed an
eight (8) hour work day and who is called in to work in an emergency
situation without prior notice will be paid for a minimum of two (2)
hours. If the emergency call-in takes more than two (2) hours the
employee will be compensated for time spent. 'btinimum call -'in will be
paid at the overtime rate. An employee who is called in prior to the.
regular start of his/her working day will be compensated for a minumum
of two (2) hours at the overtime rate. In the event minimum call-in and
regular working hours overlap, straight time will be paid for, the overlapping
hours in addition to the minimum call-in.
Section 7. Professional Employee. No overtime will be paid or 40
credit given for overtime work of pro essional-employees. Generally,
assignments will be based on an assumed forty (40) hour week for full
time professionals and on the assigned number of hours.for part-time
professionals.
Section 8. Permanent employees required to work on Sundays at
the Library will receive six (6) hours credit for each four (4) 'hour
shift worked.
Section 9. Calculation of Overtime. Overtime will be recorded
on the basis of six minute segments, and an employee must work an
entire segment to be credited with one-tenth (1/10) hour for overtime.
Section 10. Payment of Overtime. Payment of authorized -over time
will be on succeeding pay checks.
ARTICLE IX
HOLIDAYS
Section 1. The following days shall be paid holidays for permanent
employees: New Year's Day (January 1); Washington's Birthday (third
Monday in February); Memorial Day (last Monday in May); Independence Day •
M
(July 4); Labor11); Dairst Monday
Thanksgiving;
Day (fourth Thr dayin ein Novemberet• �s Day (November
g 8; Christmas Day (December 25 )- the Friday after
• ); and one personal leave:day.
Section 2. In addition, there shall be
employees who do not work a continuous granted to permanent
Christmas, or the day before or after New Year's rhe Day before or:after
holiday. T� City Manager (or the Library DirectorforLibadditional
ary implo
may direct that employees observe a particular day for this holiday but
if the Manager fails to make such designationn' employees)
calendar year in question, employees my sel by December 15 of the
to the approval of the supervisor. If may
eect a particular da
Director does not desi City Manager or Libraryub�ect
December 24 and January 2. a day employees may choose a day between
Section 3. Beginning
continuous shift shall receieoeightyy 1, 1977, permanent
on July l annually. -eight (88) hours of holidaays re a
Jul 1 of y Any continuous shift employee who begins work after
dates in the calendar year will receive credit for the remaining holiday
those in the year. If an employee separates after Jul
y.1 which have been credited but which have notoas Yetf any year,
Will be deducted for the purpose of considering separation
YS- occurred
pay.
e g•, Employee A receives credit for eighty-eight (88) hours
Of holiday time on July 1. The employee terminates on November
1 and has not used an holiday hours. He would be paid sixteen
(16) hours o oli a
Y Pay (Independence Day and Labor Day).
•
e.g., Employee B receives eighty-eight (88) hours of holiday
credit on July 1.
Employee B terminates November
forty (40) holiday
hours. Only o (2) holidays (Indepen en7c ce
Day and Labor Da
twenty-four 24 y) have occurred prior to termination, therefore
( ) hours (40 used less 16 occurring) would be
deducted from vacation pay or from the last week's wages.
For the purpose of this Article, a holiday for continuous shift
the day employees the (except Police Department employees) begins at 12:01 A.M. on
hours thereafter, holiday and continues for a period of twenty-four (24)
P.M. on the ft In the Police Department a holiday begins at 11:00:
hours n the
Preceding the holiday and continues for twen
ty-four (24)
When a en a holiday on aOccurson Sunday
undahehe following Monday will be observed.
Saturday preceding Friday will be observed.
Section 4. Part-time employees will receive holiday
Pro rata basis, da y pay on a
Section 5.
at a Eligible employees who are called i
holiday on which n to work on a
City operations are not open to the public will be
one and one-half (1 1/2) times for the hours actually
worked and shall receive holiday pay. Paid
rate of
Section 6. Permanent
holidays when City operations e e tareassi
loyeeswho are , assigned to work- on
public will receive eight
(8) hours of holida
wed are open to the
y credit during the pay.
ME
period in which the holiday occurs. This credit may be used after the
holiday occurs but must be taken before th, , recreation next succeeding July 1.
Generally this section applies to library, transitparks
and parking enforcement employees. •
Section 7. Holidays or personal leave days shall not be carried
beyond July 1 of any year.
Section 8, Definition. "Continuous shift employees" as used
in this article indicates t ose employees who work in twenty-four (24)
hour per day operations and who are subject to assignment on shifts
beginning between 3:00 P-.NIF and 7:S9 A.M.
Section 9. On January 1, 1977 continuous shift employees: will
receive twenty-four (24) hours of holiday.credit. To make transition to
July holiday plan, employees w
remaining holiday hours. ill not be penalized for any holiday
accumulation until July 1, 1977, at which time they will forfeit any
ARTICLE X
VACATIONS
Section 1. Accumulation. Vacations shall be earned by permanent
employees by month accor ing to the following schedule:
Length of Service Days Per Pay Month
0-5 years 1 •
5 years 1 day - 10 years 1 1/4
10 years 1 day - 20 years 1 1/2
more than 20 years 1 3/4
Professional librarians shall receive 22 days of
vacation per year regardless of length of service.
The maximum number of hours eligible for carry over after July l of.any
year or for payment upon termination shall be one hundred ninety-two (192)
hours (24 days).
Section 2. Use of Vacation. An employee becomes eligible'to
take vacation after a s e s een on the payroll as'a•permanent employee
for a period of six (6) continuous months. Scheduling will be arranged
with the supervisor to accommodate staffing needs and employeepreferences.
Except in the event of serious personal need by a less senior person,
seniority will prevail.
Section 3. Payment of Acculmilation.. Upon resignation or
s s
retirement after six (6) mon s of continuouervice, a permanent
employee is eligible for payment of not more than 192 hours (24 days) of
accumulated vacation leave at the current base rate of pay.
Section 4. Transition Period. To make the transition to the
July fiscal year accumulation p an, employees will not be penalized for
a
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any vacation accumulation until July 1, 1977, at which time they will
® Forfeit any hours in excess of the one hundred ninety-two (lg2) hours
maximum accumulation.
ARTICLE XI
SICK LEAVE
Section 1. Accumulation.
un sick leave credit per moat and shalloyees have thell be rightgto accumulate
unused unused sick leave up to a maximum of 1440 hours 0180:days).` Sick leave
shall not be accumulated while an employee takes a leave of absence
without pay, but any employee granted a paid leave shall continue to
earn sick leave. Accumulation of sick leave shall commence on the date
Of first employment. Additional sick leave will not accrue while an
employee is receiving worker's compensation.
Upon resignation or retirement, the City shall pay.for one-half of
the accumulated sick leave on the basis of a permanent employee's current
hourly base salary. An employee must have been employed by the City for
at least one year in order to be eligible for payment of accumulated
sick leave upon termination.
Section 2. Use of Sick Leave.
. a. A day of accumulated sick leave shall be used'for each day an
employee is sick and off work during a work week. A doctor's
statement regarding nature of illness and recovery therefrom
may be required. Sick leave may be used on an hour -to -hour
basis for doctor's appointments
needs, or other health maintenance
b• In addition to sickness of an e
for: mployee, sick leave may be used
(1) Un -the -job injury,
(2) Serious illness or hospital confinement of a spouse or
child, or critical illness of the employee's mother,
father, mother-in-law, father-in-law, brother, sister, or
grandparents, as well as any other relatives or member of
the immediate household of the employee up to a maximum
of forty (40) hours per occurrence.
Section 3. Notification. An employee shall notify his/her
supervisor as soon as reason y possible of any sickness or illness
Wllich will cause him/her to miss work and unless such notification is
given within one Cl) hour after the beginning of the work day, the`'
absence will not be charged to sick leave, but will be charged to other
accumulated leave or to leave of absence without pay. Unusual cir
will be evaluated and may result in charging the absence to sick leave.
• An employee who becomes sick at work will notify
circumstances
before leaving the area. his/her supervisor
W&a
0 •
Section 4. In the event a.n employee is injured or disabled on
the job requiring time away from work, no deductions shall be made from
the employee's accumulated sick leave or annual leave unless such employee •
requires more than two (2) working days in which to recuperate and
return to work.
Section 5. Sick Leave Bank.
Permanent employees in the bargaining unit may draw from a
Sick Leave Bank beginning on October 1, 1976 if they have
exhausted their own sick leave accumulation and are seriously
ill. Hours of sick leave shall be contributed to the'bank by
bargaining unit members who have reached the maximum accumulation
of sick leave (1440 hours or 180 days) at the rate of one day
per month.
b. Employees who use Sick Bank days will repay the bank at the
regular sick leave accrual schedule after returning to ,work.
Employees who do not return to work or who fail to accumulate
a sufficient amount of sick leave will pay back,the Bank from
other accrued leave or in cash.
A joint City -Union committee will administer the use of Sick
Bank days by employees. The committee will be made up of one
Union representative, one City representative, and one person
chosen by the two representatives. The Bank Administration
Committee will determine when sick leave may be used, application
procedures, the length of time which any employee may borrow, •
the length of the waiting period after exhaustion of sick
leave before employees may borrow time, length of service
before an employee may borrow time, amount of time before
which days must be paid back, and other criteria for using
Bank days.
The Committee is charged with maintaining the integrity
of the Bank for serious or catastrophic illness of individuals
in the entire units and will develop policies to protect
against abuse by individuals.
d. The City will contribute thirty (30) days of sick leave to the
Bank October 1, 1976. No individual may use more than ten
(10) days during the term of this Agreement.
ARTICLE XII
SPECIAL LEAVES
Section 1. On the Job In u Upon application the City may,
grant a leave of absence wit pay in the event of an injury or illness
of an employee while at work provided the following conditions exits:
a. The injury or illness arises out of the course of City'
employment, and
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• •
b. The City's medical advisor determines that time off from
work is
required.
•
If
the above provisions are applicable, leave with pay will be
granted during the
remaining time on the work day when the injury occurs
and for period of two (2) working days thereafter
medical advisor. if authorized by the
If the injured or disabled employee requires more than two (2)
working days in which
to recuperate and return to work, any additional
absence may be charged to sick leave
or, if sick leave is exhausted, to
leave of absence without Pay. Employees may
use accumulated sick leave
or other accumulated leaves to supplement workers
compensation benefits.
Section 2. Funerals. An employee will be granted up to three
(3) calendar days per mci
ent with no loss of compensation or.accruals
to attend the funeral of his/her
spouse, children, mother, father,
stepparents, sister, brother, mother-in-law, father-in-.law,
grandparents,
aunt or uncle, brother-in-law, sister-in-law,
or permanent member of the
immediate household. If additional time
is needed, an employee shall be
Permitted to use up to three (3) calendar days of
accumulated sick leave
with the approval of the supervisor.
Section 3. Leave of Absence Without Pa A leave of absence
without pay is a
pre eternun amount o time o f
workwbeen recommended by the Department Director
and approved by,the1Cityan
Manager or for library employees, by the Library Director. Generally,
such leave shall
•
not exceed twelve (12) months. Upon termination of any
leaveabsence,employee shall return
range andst paswhen he/she leftandwillre
eive compensat}ionsoon the
same basis as if he/she had continued to work at his/her
regular position
without leave, provided that during that period if the nature of operations
has changed so that
similar work does not exist or that :an opening for
the employee no longer exists the
employee will be offered vacancies in
related areas or vacancies for which the employee is
otherwise: qualified.
In the event an employee fails to return to work at the end of: any
such leave or extension
he/she shall be deemed to have voluntarily.,.
resigned or, if applicable,
voluntarily retired on the last day of work
prior to such leave. During a leave of absence
without pay, the employee:
a. Cannot pay retirement contributions if the leave exceeds one
month in duration.
b. Must pay group hospitalization premiums falling due during any
month the employee is
not on the payroll if coverage is.desired.
C. Must pay premium for coverage under the
group life insurance
plan if coverage is desired.
d. Shall not receive any other accruals or job benefits during
the period of absence.
e. Shall not acquire additional seniority during said leave
except in the case of temporary medical disability or where
otherwise specified by the Agreement.
f. Shall not earn sick, vacation, or other leave.
g. Must use all accumulated vacation to which he/she is entitled
prior to the time that
•
the leave without pay commences.
The Department Director may waive the above conditions (a. through
g.) for leaves of absence
not exceeding ten (10) working days.
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section 4.Jury Duty. Any employee summoned for jury duty
during the employee's regular work hours shall receive regular standard
time pay during any period of jury service. The City shall receive the
pay earned from such jury service. Compensation for travel expenses may
be retained by the employee. An employee who
iisdissummoned
fo j ury an hour
duty
but is not selected to serve on the jury and
or more remaining in the work_ day shall return to work.
Section S. witness Fees. An employee shall be granted leave
with pay when require to e a sent from work for the purpose of testifying
in court in response to legal summons and the City shall receivethe.
witness fees up to the amount of compensation paid to the employee for
days testified.
Section 6. hlilita Leave. Employees called by any branch of
the Armed Forces of e nate tates shall, when ordered. to active.
eave of absence. for such period of time that
service, be entitled to 't l
the member serves in such capacity and until discharged therefrom:, The
City shall comply with applicable law in regard
hlton elms aleaiee.
Employees subject to the foregoing shall, Io
City employment, retain their original employment date for the.-, purpose
of determining seniority and eligibility for salary advancement just as
though such time spent in service of the United States has been spent in
regular employment with the City.
Section 7.
Votin time. An employee shall be permitted to.
vote during the work ay in any national, state, or local election if it
is not reasonably possible for him/her to vote during off hours. •
Section 8. Pregnancy Leave. A pregnant permanent employee;
shall be entitled to a leavesabsence without pay if she is disabled
as a result of pregnancy or related cause at the exhaustion of other.
accumulated leaves. All employees requiring such leave shall notifythe
.
be
Department Director prior to the anticipated date of birth and should Employees
their condition by a doctor's statement.
able to sub
stantiate the
may work during pregnancy if health permits.
Those granted leaves under this section shall present doctor's
statements as to pregnancy disability and recovery therefrom. Within
seven (7) days following birth, miscarriage, or abortion the employee
shall advise the City of the date by which she will returnto work.
Unless the employee returns to work by suchedate,rany o hercdate by
reason of extension granted by tike City,employee
to have voluntarily resigned or retired.
Section 9. Union Business Leave.
a. Any employee elected to office in the International
eel s erlcan
Federation of State, Count and Municipal Employees
not to
be
granted a leave of absence without,p yor
a periodexceed one year. Such leaves shall_be granted to not more
than one City employee in Local 183 at any one time. An
employee desiring such leave shall give thirty. (30) days
notice to the City. •
b. Leave of absence without pay
conferencesarelating; o theeeUnion
e
to conventions and training Local
shall be granted to not more thantwo City ,employees _in
-14-
• 183 in any one calendar
taken by any one employee
seekin mployee under Not more than two days may be
their g such leave shall present this section,
selection by the certification �ployees
specified conference Union to act as a representative in i t of
the time they wish e at least
ter, to a
(10) working
prior to
ARTICLE XIII
SEN_IO=
Section 1, Seniority the Cit y shall
than
lyIfollowlngth
sha nbegimpletion mean°feemPloymenontinuous service with
on the immdate
months in ag co of a Probationary and become applicable
to unusual circumstances. Position, unless Xe tendedd °f not more•
for An employee will lose -sen- in writing due
Just cause, retirement, death y rights u
Years. , or layoff for resignation, discharge
Seniority shall ace more than two (Z)
which a member is assigned "I during all paid leaves
temporary an employee is on leavesification and during
rY disabilit outside of; the bargaining
on-the-' y as substantiated absence without pay as a result of
On-the-job injury, seniority will accrue a doctor.'
® employee will not ace s certificate or for
after a period rue seniori indefinitely, Otherwise, an
of 30 days, tY while; on leave of. absence wi
Period Of 30 day will not accrue thout pay
30 days, seniority while
In the event that two or on layoff after a
date, the order of more employees
order of 1 their seniorit_have an identical
The City names, Y shall be determined b seniority
ContinuousY will maintain a seniorityy the alphabetical
service and will make a co list showing the len
Union each six months.
Py of the list available t gth of
Section 2, to tJte
completed an init' Use of Seniorit ,
seniority as follows: 1ty PrO ation period of All SyXe who ysuccesifully
se
a' Transfer Procedures.
circumstances Except in the
permanent ' a notice which describes e of emergency
and departmental will be posted on the Position for
artme bulletin boards for not
(5) working days administrative
to aPP1Y for the*position this less than -five
provide a position may do so°d' employees who wish
received written form for application Twh-City W111
stated in the Personnel Office by 5:00 P.
on the notice must be.
laid off employeesas the closin M.; °n the :day
• may compete
WithO are qualifed fort date, If current or
mpete with other employee a the Position
pplicants for the position.
-is-
9
0
Step I. If qualifications including skills, abilities,
and experience of the applicants are relatively
equal, the employee with the greatest seniority will
be offered the job first. •
Step II. If the qualifications of, current employees
are marginal but equal to outside applicants they
will be offered the position if it is to be filled.
If an employee feels that seniority has been ignored by the City,
he/she may request the reason for his/her rejection for the position in
writing, and the written reasons will be given.
b. Reduction in Force. Reductions in force will be by
epartmentalivision according to seniority in the.jobs
affected with the person having the least seniority
within classification to be laid off first. The City
will give five (5) days notice to employees who are to be
laid off except in an emergency. Temporary employees
within classification (who are by definition without
seniority) will be laid off prior to permanent employees.
1. The City will attempt to accomplish reduction in force,by
attrition.
2. An employee whose job is to be eliminated may be transferred
to vacancies within the department.
3. If no vacancies exist the employee being laid off shall bump._.
the employee with the least seniority in a position in their.
department or bargaining unit for which they have::the:,seniority, •
proper credentials, including prior recorded experience, and
the ability to perform the duties of the job under normal.
supervision.
c. Recall from Layoff. The names of permanent employees.
la
os�ia11 be placed on a re-employment list: for the
jobs affected in the layoff. Such persons shall be eligible
for re-employment in reverse order of layoff in the job from
which they were removed for a period of two (2) years, pro-
vided that they are still qualified and able to,perform the
job. Employees may apply for vacancies in the.City-in titles
other than those affected by the layoff during the period
that they are on the recall list while maintaining their
option to return to the job from which they were laid off.
When an employee is notified by ordinary mail to last known address
to return to work, he/she must make arrangements to return to work with
the immediate supervisor within five (5) days or be removed from the
recall 'list. An employee on the recall list will accrue seniority for
thirty (30) days, and will be entitled to exercise.seniority accrued
prior to layoff after their returning to work.
Section 3. Trial Period.
A. Employee option. A transferred employee shall be granted
•
-16-
up to ten (10) days determine whether they want t . continue in the
Position to which they voluntarily transferred.
• B. Cit tion. The length of the trial period for a
person who is trans erring to another position within the City will be
adapted to the type of job, length of City employment and similarity to
Previous jobs. If the employee's performance is unsatisfactory at the
end of the trial period, they may return to their previous position or a
similar vacancy. The employee will be informed of the length of the
City option at the time of the transfer.
Section 4, Co ensation after Transfer.
to another position with ne see or a lower range he/she shall move to a
step and rate of pay within the range of the /n an she she transfers
Pay to be determined on the basis of relative skills abilities, eferred xp with
and seniority. When an employee transfers to a hi
shall fall within that range experience
higher,and in no event will beelessnth n one
pay
Section S. than one step
for a Trait Schedulin Transit drivers shall be eligible to bid
Preferred shut on t e as is of seniority. For thePurpose
ction
only; in the event two or more emnloyees have identical seirty datesltheeorder
of seniority shall be determined by lot.
ARTICLE XIV
DISCIPLINE
pL
Section 1. Pu ose. All parties of this Agreement recognize
that a certain amount o iscipline is necessary for efficient operation
Of the City and the City has rights and res
• providing services in an efficient manner, Thepossibilities under laia'in
e ceta'
infractions are agreed upon by the parties as ofITI
f r
atingare not intended to limit the management rights''of the City as explained
in Chapter 20 of the 1975 Cod
shall be e of Iowa. Disciplinary actions against
employby permaneees will be taken for just cause. Appeal of disciplinary actions
nt employees and shall be through the grievance
Procedure set forth in this Agreement.
Section 2. The goals of progressive discipline are to correct
behavior and produce efficient City operations rather than merely to
Punish wrongdoers. Disciplinary actions or measures sha11 ordinarily be
invoked in the order listed:
1. Oral reprimand or irarning
2. Written reprimand or warning
3• Suspension with loss of pay
4. Discharge
Section 3, Serious violations may be dealt withby arty of `the
above disciplinary measures on the first offense,
shall have the right take up a suspemployees
ensipermanent Step 2 of
the grievance procedure,
, on or discharge at
ARTICLE XV
• INSURANCE
Section 1. Medical Insurance.
medical insurance po i The City will provide the major
cy current y provided for employees and families
-17-
0 0
if applicable. A pro rate share of the cost of the premium will be paid
for part-time employees
Section 2. Life insurance. The City will provide;a term life
insurance policy £or emp ogees t e face value of which is an amount,
equal to the next even thousand dollars greater than annual salary.
e.g., If an employee's annual salary is $8,8340 the face value
of the life insurance policy is $9,000.
in the policy currently provided coverage does not become effective
until ninety (90) days after employment. .
ARTICLE XVI
SAFETY
Section 1. Policy. The City and the Union recognize the
importance of the personal safety of individual employees on the job and
recognize that in the routine course of work employees are subject to
risks.
Section 2. Standards. Employees shall not be required _to work
in areas or to operate equipment which is a hazard to themselves or the
public. Periodic training in safety matters will be.provided to employees
who engage in hazardous work. Employees will have.access'to protective
gear required by law. Employees will handle property anequipment of.
d equip
the City with due care appropriate to the nature of the..work_and_equipment
employed.
Section 3. Notice of Defeo. Employees who operate equipment
shall, during or imme -lately ollowing the work day, report any.defect:
noticed by him/her in said equipment to the immediate supervisor.
Section 4. Special Grievance Procedure. If an.employee'.is
requested to work in a ocation or wi-equipment.which presents an
imminent personal hazard to him/herself or others the employee will
report immediately to the Division Superintendent or, designee who will'
determine the minimal standards under which employees.must,work. If the
employee is then directed to work in a location or with -equipment which
is an imminent personal hazard to him/herself, he/she`shall;file a Step
2 grievance with the Department Director. Other disputes'over safety
hazards will be processed through the regular grievance procedure in
Article XX Section 5. Use of this procedure to create unnecessary
delayswillresult in disciplinary action'.
Section S. Safety Committee. The Union shall select two (2)
City employees as representatives on the City Manager's Safety Committee.
-18-
0
•
•
• ARTICLE XVII
PERSONjEL 7,RAIVSACT10NS
Section l
performance
eValuatio�slo�asotherl receive a
Promotion, evaluation documents COPY of payroll
or d which will be usetransactions ,
Section 2, lscipline.
Relations Office Under the su
access to their and during normal b ss- of an employee of
Of the file at their °O nel files includlneSs hours H
expense. g the rig'tetoloyeestshall � have
COPY the contents
ARTICLE XVIII
CLQ.— E=
Section 1.!f
Will be provided Employees Toho
f 1paii n t be employer' by the'Osuch
uc errwear �clCleud.an ng andd to special uniforms
discomfort from exCePt for Parkin Ing hats, jacketsI ance.will be
cold will not g Enforce and coats,
® Section 2, be Provided, meet Attendants,_ Gloves
or protective Tile employer will
Purchase devices, inmploy Provide re uired
annuall
Y fors thetreshoes to maxPlacimum oalf (1/2) the priceofclothing>
the roll cost of fetye'nent of such $20.00 and an an`�nitial
Safety
prescription The a amount of. $15.
safe shoes.
ption glasses, employee shall provide
RECOVERY ARTICLE XIX
Section 1. AND �IABILITATION PROGRAM
where possible a volVoluntar Referra
l Se
the n ms �Pe oYees `who l u re
ral service levy employees The City will provide
Y stag s are encouraged to seek
such requests r, they mayreaVe a k problem in a
confidential refe tment"or in
in obtaining manner, In Section 3 for service
g needed Every attemptrvict g ' All
services 111 be will be treated
w made to
Section 2, if they Will
Ye assist e
efficient Problem Drink' request such assutan�as
alcoholismsc rvlces to t1e P i In
Ing ma an a be treated,Cltynrecognizes the est Of:providin
and Should drink y be res ld Educational th
unit employees are el' - ested from the H tional ma eterials�enyee g
or problem dr• Sible for Human Relations Problem
able Coni lnlc'Jig through treatment acral se office.' forbal
C
disci tY resources. the CltY's refe °habilitati bargaining
assist a and every attempt will ism as rvice alcoholism
w mkt will he an illness and other avail-
xth drinking Problen�sdtob obtain cause
raised to ion assistance will Ue
a acceptable level offered but u� needed assis
disci if job tance.
is not
Plenary action willpbefa�ce
-19-
Section 3. Procedure. Supervisors who identify work problems
or stewards who idents y personal problems may refer employees to the
Iluman Relations office for assistance in obtaining educational and •
rehabilitative services for alcoholism or other personal problems which
influence performance. Nothing in this section relieves employees of
responsibility for their conduct on the job -
ARTICLE XX
GRIL-_VANCG PROCHDURH
Definitions. The word "grievance" wherever. used in
ons.
Section I. —lis ute between the City and the Union or
this Agreement shall mean Y P application, or violation of
any employee with regard to the meaning, PP
any of the terms and provisions of this Agreement. The word sworkinoses
day" shall be defined as any day except Saturday and Sunday for pure
of this section.
Section 2.
Re resentation. An employee who is a member of one
ht
of the bargaining units cow vered uy ny this evancenhearing or at any st shall have the tep
to be represented by a steward at E
he/she ghooses.
of the grievance procedure,
The Union will certify the names and addresses of the designated
stewards to the City Human Relations Director.
The City will compensate not more than one employee steward for the
investigation of a grievance. If a second City employee has a special
office in the Union handling grievances, that employee may request
released time from his/her supervisor, and permission to wWill not . ork on the •
grievance will not be unreasonably withhelstewards whoiare City , employees
provide compensation for time spent. Any hours in one work
shall be released from work for not more than 2will obtain permission
week to work on grievance resolution. The igemployee
from the immediate supervisor before inveWitthheld. ting tReleasedatcime under
such permission will not be unevasonabnce esolution.
this section is limited to gr
Section 3.
Limitations. Unless a grievance is appealed as
parties. Any; monetary
hereinafter provided, it s al
have no further validity or effect. z
limits may be extended by mutual agreement of the Pution ievance is
award or compensation arising out of the daysresolprior to therfiling.of the
limited to the period of time sixtyof6 ) the practice giving rise. to the
grievance regardless of the length
grievance or the employee's lack of knowledge thereof.
arise shall be
Section 4. Procedures. A grievance that may
processed and settle in t e ollowing manner:
a. Step 1. The grievance shall be presented orally for discussion
between the employee grievant, the steward if the employee. chooses to be
representedd lona steward
t days and the emplo: knowledge of the event gyee's immediate i glrose to an
five (5) g Y rievance shall
the grievance. The date oehseisorsshallldeliverhthe.answer verbally
be certified in writing. 5 working -days after
to the aggrieved employee or steward within five O, rvisor
the Step 1 conference. If no response is received from :the supe
-20-
within five (5) working days the grievance will be processed pursuant to
Step 2.
• b. Step 2, If the grievance is not resolved by Step 10 the
aggrieved employee or his/her steward (if applicable) shall; within five
(5) working days following completion of Step 1, present three (3)
written copies of such grievance signed bytheaggrieved 'person, two _(2)
to be filed with the Department Director or designated representative'
and one (1) to be filed with the Union. For Library employees the
grievance must be filed at this Step with the Library director or designee.
The written grievance shall contain a statement from the employee of the
facts and section of this Agreement grieved and specifying what relief
or remedy is desired.
The Iepartment Director or Library Director shall, within a period
of five (5) working days investigate and document the grievance and
issue a decision in writing thereon to grievance and steward if.applicable.
C. Step 3. A grievance not resolved by Step 2 shall.be'submitted by the
grievant to the Cityaf eager or his/her designee within ten (10) working days 'of
the date of receipt of the written decision referred to in Step 2. The
City Manager will investigate and respond to the grievant or steward
within ten (10) working days.
d. Arbitration. Grievances not resolved at Step 3 of the Grievance
Procedure may e s mitted to a third party for arbitration. A request
for arbitration must be submitted by written notice to the other party
within ten (10) working days following receipt of the City Manager's
decision at Step 3. Copies of any such request will be furnished to the
City and to the Union.
• The cost of arbitration and recording the same shall be divided
equally between the parties to this Agreement. The cost of a certified
court reporter, if requested by the arbitrator, shall be divided equally
between the parties. Each party will pay for the cost of its own case
preparation and for expenses of witnesses.
The arbitration proceeding shall be conducted by an arbitrator to
be selected by the City and the Union within five (5) working days after
notice has been given. If the parties fail to, select an arbitratora
request by either or both parties shall be mad ,
e to the'Federal
and Conciliation Service to provide a panel of five (5) prospective
arbitrators.- Both the City and the Union shall have the right to strike
two names from the panel. The party giving notice for arbitration shall
strike the first name; the other party shall then strikeone (1) nam_e.:
The process will be repeated and the remaining person shall be the
arbitrator.
The arbitrator shall have the power to interpret, apply,.and,enforce
this written Agreement but shall have.no power.to add to; subtract from,
or modify the terms thereof. The rules of _evidence and the nature of
conduct required during the arbitration hearing shall be in accordance
with all state and federal legislation, applicable rules.and regulations.
The decision of the arbitrator shall be issued thirty (30)_days
after conclusion of the hearing and shall be final and binding upon the
parties.
'Che parties of the grievance, their witnesses and representatives,.
shall have the right to be present at the grievance arbitration.in
• addition to the arbitrator. Other persons may be present at arbitration
-21-
hearings as the par• s may mutually agree. Either
right to record the evidence rty shall have the
pthe
Arbitration hearings shall beclosed etoathe public
ev hearing.
shall not be revealed to any third part P ani evidence taken
of the arbitrator is made unless parties agree otherwise...
y until such time as the decision
Section 5, Grievance Committee. The Grievance Committee shall •
consist of the persons designated by the Union as stewards. Not
than five bargaining unit employees may be excused to attend
held during Working more
selected shall be certified by The
Union dtaddresset of the meetings
sees
agents of the parties ma Parties
Meetings shall ti noy be at e committee
meetings
extended b longerthan two (2)lhours ein length
meetings.
y mutual agreement and shall be scheduled to alternate tlbetween
the working hours and non -working hours of the stewards.
The .function of the Grievance Committee shall be to meet and confer
monthly with the City during the life of the contract for the purpose of
evan
adjusting pending grices and to discuss procedures for avoiding
future grievances(including safety matters) provided that:
1. No topics will come before the Grievance Committee which
are proper subjects for negotiations (e.g:, new demands',
changed circumstances, requests for new language; etc,);
and
2• Every agenda item will be investigated before. the meeting
with appropriate department director or designee.
(Public Works -- division heads.)
ARTICLE XXI
PAY PLAN
Section 1. Classification Plan The classification plan and
(see Appendix
Pae ranges for bargaining unit employees are attached to this Agreement
recommend to A). TWO Union representatives will meet with the City to
A),
negotiators a new classification plan'wylgth will
reflect market value for positions
Section 2. Merit Plas well as other goals stated during negotiations.
Plan. The pay p
evaluations and merit. e ity wiIan is based on performance'
ll justify the denial of merit°
increases following the employee's
does not receive a merit increase oeligibility date, 'An employee who'
Step 3 grievance. n his/her eligibility date may file a
Section 3. Every permanent employee will receive an increase
of $70.00 per month. Those employees at the time of ratification by the
Council will receive the increase retroactive to July 1, 1976.
An adjustment to the salary of each permanent employee will be made
on July 1, e the and every three months thereafter until April 1, 1978.
To determine the base salary for adjustment (for each individual), add
$70.00 to the individual's salary as of June 30, 1976. The `ad"
is based on the "Consumer Price Index for Urban Wage Earners and Clerical
Workers - United States - all items lustment
of Labor Statistics, United States Depar6tmeer) ," Published
The Jul 1 by the Bureau
Y 1977, adjustment is the percent of change in the monthly
indexes for March, April, and May of 1977. The percentage of change is
multiplied by the average base salary for both bargaining units and the pay
•
Plan is adjusted by a flat dollar amount applied to each employee's base
salary.
The Pay adjustment will not exceed 2.25$ in any one quarter or 9$
during the fiscal year. In the event the Index decreases, salaries will
decrease in accordance with the samegrmula.
Suction q, Pa Plan.
• will contain six Each range of the pay classification plan
review and �6) steps q_p
Steps g_. an increase to Step B aftterlsixes at Step A are eligible for
P C are eligible for review and an increasentosthe nextystepon
annually, Employees on
not eligible for step incrF Step or those who are Outside of the range are
eases.
prior to Co
This section will not operate to adversely effect an
uncil ratification of the Agreement.
Y employee hired
ARTICLE XXII
AUTHORIZED REPRESENTATION
ENTIRE AGREEMENT AND Wglygl
All negotiations or bargaining
Of this Agreement shall be conducted with
respect to the to
the Union and the Cit y authorized representativescof pions
Y• Agreements reached as a result of such
shall become effective only when signed b
Of the parties. negotiations
y the authorized representatives
This Agreement supercedes and cancels all previous agreements and
Practices between the Employer and the Union and constitutes
Agreement between the parties and concludes collective bar a'
its duration. Ail parties es the entire,
to negotiate to which they would lOtherwise bent }yentitle under they airs t
the State of Iowa. aive each and every right
of
ARTICLE XXIII
GENERAL CONDITIONS
Iowa. section 1. This agreement shall be construed under the laws of
Section 2. The provisions of this Agreement may the Mayor or Mayor pro -tem if he/she determines
or public danger exists. Y be suspended by
that a time of emergency
Section 3. The City agrees to meet and confer at reasonable
tunes with the Union on mandatory items to the fullest extent re
by law and to provide to the Union a copy of the Cit Pers
and Regulations and anrequired
rules and the need fort' amendments as adopted by Council. Personnel Rules
by the Grievance Co revisions in rules and regulationsComments on
or other fII�ttee but any new negotiatins onmay be discussed
items will be conducted only by authorized teams mandatory with this complete Agreement. da ry items
compliance
Section 4. The Cit
discriminate because y and the Union agree the
affiliation of race, creed, color Y will not act to
• unless the reason for the discrimination$nationality, or
otherwise allowed by law, is Political
job-related or
-23-
to
ARTICLE XXIV
•
1$IRATION OF A�IIy�.
This Agreement shall be
30, 1978, and shall in effect between Jul
notice to continue from Y ?, 1976
1. of the Year to year thereafter , and June
ear preced diff it is served by either unless
extension thereof. �g the expiration date party prior to gustn
subsequent written Only those articles of this Agreement or
negotiations. notices received named In the written any
prior to August 15 will besubjectto
ARTICLE XXV
SAVINGS CLAUSE
Should any Article
be held unlawful Section, or an
Of competent and unenforceable b Y Portion thereof of
Article Juriosdiction, such Y opera ion of law Y anis Agreement
Section portion thereof
ll apply onl r b Y anal
and the remainder of this q eof declared y to the
Neither party shall be greement shall null and void in thespecific
d vision
other to conduct re as a remain in full force
their duties themselves in a result of their Agreementand effect:
If re under law or to engage
which would causewith each:
mens Placement provisions a Se in activities in violation to:neglect
they shall be negotiatedimmediately
re deemedOf
immediatelynecessary by the Union or 1e law'
Manage_
•
-24-
Genera it
City of Iowa C'
• �. Pty •
Classification plait
Personnel Office
July 1, 1976
Pay
Range
li
Title
1. Clerk/Typist
(Clerk, Clerk Typist, IA1ter-
mediate Clerk, Intermediate
Typist Clerk, Cashier)
Maintenance Worker I
(Custodian, Laborer, Refuse
Collector, Equip. Service
1:'orker, Landfill Attendant)
Parking Enforcement Attendant
Water Meter Reader
6 -Month
Fir.
Annual
3.72
$
3.87
Account Clerk
Review
$
Review
$
670
Duplicating Machine Operator
Yr.
StepStep
7,728
$
Step
Ste P
Step
Step
A
$
B
C
D
E
p
Fir. $ 3.57
hfo. $ 618
$
$
3.72
6114
$ 3.87
$ 4.03
$ 4.20
$ 4.37
Yr. $ 7,416
$
7,728
$ 670
$ 8,040
$ 698
$ 8,376
$ 728
$
$ 758
8,736
$ 9,0961
2. Keypunch Operator
Fir.
$
3.72
$
3.87
Account Clerk
Mo.
$
644
$
670
Duplicating Machine Operator
Yr.
$
7,728
$
8,040
3. Senior Clerk/Typist
Fir.
$
3.87
$
4.03
(Sr. Clerk, Sr. Typist Clerk)
Mo.
$
670
$
698
Animal Control Officer
Yr.
$
8,040
$
8,376
4. Bus Driver
Police Dispatcher
Maintenance Worker II
(.Maintenance hlcr., Refuse
Crew Chf., deter Repair Wkr.,
Asst. Treatment Plant Oper.)
Transit Dispatcher
5
fir. $ 11.03
Mo. $ 698
Yr. $ 8,376
lir. $ 4.20
Dlo. $ 728
Yr. $ 8,736
-25
$ 4.20
$ 728
$ 8,736
$ 4.03
$
4.20
$
4.37
$
4.56
$ 698
$
728
$
758
$
790
$ 8,376
$
8,736
$
9,096
$
9,480
$ 4.20
$
4.37
$
4.56
$
4.75
$ 8,736
$
790
$
824
$
9,096
$
9,480
$
9,838
$ 4.37
$ 758
$ 9,096
$ 4.56
$ 790
$ 9,480
$ 4.75
$ 824
$ 9,888
$ 4.96
$ 860
$10,3201
$ 4.37
$
4.56
$
4.75
$ 4.96
$ 5.17
$ 758
$ 9,096
$
790
$
8211
$ 860
$ 896
$
9,480
$
9,888
$10,320
$10,752
Pay
6 -Month
Annual
Range
•
Review
Review
Title
Step
A
step
btqp
ttepEep
tep
B
C
F
6.
Senior Account Clerk
Hr.
$
4.37
$
4.S6
$
4.75
$ 4.96
$ 5.17
$ 5.4
Buyer
Mo.
$
7SS
$
790
$
824
$ 860
S 896
$ 93
Maintenance Worker III
Yr.
$
9,096
$
9,480
$
9,888
$10,320
$10,752
$11,23
(Sr.. Maintenance 1Pkr., Bldg.
Maintenance Leader, Park
Maintenance Leader, Asst.
Mechanic) Asst. Elec. , Heavy
E(Juip. Operator)
Treatment Plant Operator I
7.
Recreation Program Supervisor
11r.
$4.56
$
4.75
$
4.96
$ 5.17
$ 5.40
$ 5.6
Therapeutic Recr. Specialist
Mo.
$
790
$
824
$
860
$ 896
$ 936
$ 97
Technical Assistant
Yr.
$
9,480
$
9,888
$10,320
$10,752
$11,232
$11,71
(Engineering Aide, Engineer-
ing Tedi., Draft Tech.,
Planning Tech.)
Mechanic I
8.
Senior Maintenance Worker
Hr.
$
4.75
$
4.96
$
5.17
$ 5.40
$ 5.63
$ S.8S
(Eater Distribution Supr.,
M10.
$
824
$
860
$
896
$ 936
$ 976
$ 1,020
Sewer Maint. Supr., Cemetery
Yr.
$
9,888
$10,320
$10,752
$11,232
$11,712
$12,240
Supr., Water Service Supr.,
Asst. Refuse Superintendent)
Electrician
Diesel Mechanic (Mechanic
.l I)
i
9.
Senior Mechanic
Hlr.
$
4.96
$
5.17
$
5.40
$ 5.63
$ 5.88
$ 6.16
Sr. Treatment Plant Operator
Mo.
$
860
$
896
$
936
$ 976
$ 1,020
$ 11068
Redevelopment/Housing Spec.
Yr.
$10,320
$10,752
$11,232
$11,712
$12,240
$12,816
(Relocation Advisor, Leased
Housing Spec., Property Mgr.,
Housing Inspector)
Rehab Spec/Hsg. Insp.
10.
Inspector
Hr.
$
5.17
$
5.40
$
5.63
$ 5.88
$ 6.16
$ 6.42
(Biiitding, Electrical,
M10.
$
896
$
936
$
976
$ 1,020
$ 1,068
$ 1,1.2
Plirabina
o)
Yr.
$10,752
$11,232
$11,712
$12,240
$12,316
$13,341
-26-
Pay
Range
6 -Month
Annual
Review
Review
49
Title
Step
Step
Step
Step
Step
Step
A
B
C
D
E
F
11.
Senior Engineering Tech.
Hr.
$ 5.40
$ 5.63
$ 5.88
$ 6.16
$ 6.42
$ 6.70
(Chief Construction Insp.,
Surveying Party Chief)
Mo.
Yr.
$ 936
$11,232
$ 976
$11,712
$ 1,020
$12,240
$ 1,068
$12,816
$ 1,112
$ 1,162
Assistant Planner
$13,344
$13,944
12.
Hr.
$ 5.88
$ 6.16
$ 6.42
$ 6.70
$ 7.00
$ 7.29
bb.
$ 1,020
$ 1,068
$ 1,112
$ 1,162
$ 1,214
$ 1,264
Yr.
$12,240
$12,816
$13,344
$13,944
$14,568
$15,168
13.
Associate Planner
Civil Engineer
Hr.
$ 6.16
$ 6.42
$ 6.70
$ 7.00
$ 7.29
$ 7.58
Ab.
$ 1,068
$ 1,112
$ 1,162
$ 1,214
$ 1,264
$ 1,314
•
Yr.
$12,816
$13,344
$13,944
$14,568
$15,168
$15,768
-27-
Pay
Range
Title
Ll. Library rude
1. Library Clerk
3. Senior Library Clerk
4. ?,L-lintena.-ice {Yorker II
S. Library Asst.
6. Secretary
9. Librarian I
® Cityof Iowa City Library
Classification Plano
Personnel Office
July 1, 1976
6 -Month Annual
Review Review
Step Bels Scop Stop Step Step
IIr. $ 3.43 F
mo. $ 594 $ 3.56 $ 3.71 $ 3.86 $ 4.03 $ 4.2
Yr. $ 7,128 $ 7,416 $ 7,728 $ 8,040 $ 3 376 $ 72
$ 8,73
fir. $ 3618 $ 3644 71 $ 3.86 $ 4.03 $ 4.20 $ 4.3
Yr. $ 670 $ 698 $ 728 $ 75
Yr. $ 7,416 $ 7,728 $ 8,040 $ 8,376 $ 8,736 $ 9,09
fr. $ 3.86 $ 4.03 $ 4.20 $ 4.37 $ 4. SS $ 4.7
Dir. $ 670 $698 $ 728 $ 758 $ 790 $ 82
Yr. $ 3,040 $ 8,376 $ 8,736 $ 91096 $ 9,480 $ 9,88
Fir. $ 4.03 $ 4.20 $ 4.37 $ 4.55 $ 4.75
DIo. $ 698 $ 728 $ 758 $ 790 $ $ 4.9
Yr. $ 3,376 $ 8,736 $ 86
$ 9,096 324 $ 9,480 $ 9,888 $10,32
Fir. $ 4.20 $ 4.37 $ 4.55 $ 4.75
MO. $ 728 $ 758 $ 790 $ 824 $ 4.96 $ s 9
Yr. $ 8,736 $ 9,096 $ 9,480 $ 9,888 $10,520 $10,75
lir. $ 4.37 $ 4.55 $ 4.75 $ 4.96
Bio• $ 758 $ 5.16 $ 5.40
$ 790 $824 $ 860 $ 896 $ 93
Yr. $ 9,096 $ 9,480 $.9,888. $10,320 $10,752 $11,232
fir. $ 4.96 $ 5.16 $ 5.40
DIo. $ 860
$ 896 $ 936 $ 5.63 $ 5.88 $ 6.16
Yr. $10,320 $1.0,752 $11,232 $11,712 $12,040 $12,816
-27a-
s -
11. Librarian rI 0
tfr. $ 5.40 $ 5.63
S 41
Yr- $11,232 $11,712 $
2502 0 0 $ 16063 $ 16112 $ 6'
$12,816 513,344 $
$13,9,
13. Senior Librarian
Hr. $ 6.16 $ 6.41
fib• $ 1,068 $ 1,112 $ 16.162 .70 $ 7.00 .29 $ 7.5
Yr. $12,816 $.13,344 $13 944 $14 568 1 214 S 1,264 $ 131
$15
,168 $15,,76
-27b-
C�
•
This Agreement shall be binding on the parties, their successors
and assigns and shall be approved by the appropriate governing bodies
that have the authority to bind the respective parties to this Agree-
ment and the undersigned hereby represent that they have the authority
to sign this Agreement and it has been approved by the governing bodies
of the parties.
6b4 i
Date
CITY OF IOWA CITY, IOWA
BY QMt
Director, HtVnan ReiatiSbns Uept.
i
ATTEST:
City Clerk
LIBRARY BOARD OF IOiVA CITY, IOWA
BY
President
BY 0AAWLC*L_11 QU_41%0_y,
Secretary
THE AMERICAN FEDERATION OF SPATE,
COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL #183
BY
BY L'y✓ /��i`rGL"�
�I�
0
AGREEMENTS/CONTRACTS
IP
Attached are unexecuted copies of
as signed by the Mayor.
After their execution by the second party, please route
1) /� f SC,?vl E _
2) f', C.1 e v K - CoNAI - F )'(ie
'
3) 4,'hyo,v�i Doa-J(A '
4) Ci�c� C rev K - Aleef � "j
5)
is to be responsible for
G
completion of this procedure.
Abbie Stolfus
City Clerk
• •
city.
DATE: August 9, 1976
70: Department and Division Heads
FROM: Candy "!Organ
RE: New Al
*SQiE Contract
7710 Cit}' Council will consider the contract on August 24. Please do not
Plan to make changes in operation or wages until after that date.
The computer will add $70 to each bargaining unit salary without a
change forms from the departments. For people who are eligible for review,
a payroll change form will need payroll
increase indicated and evaluation oform tattach ed in with the amount of merit
In the .Euture, all pay ranges Will have six steps (A - F
one year between each step except the first
apply to future e ) and there will be
employees or employees (6 months)., This change will
not adversely affect an Promoted in the future and should
y current employees.
The change in the standby provisions are not effective until after August
retroactive. but the affected divisions
retmay dote e whether to make the change
A copy of the contract will be available with the next Council agenda and
copies will be available for department and division heads after that time.
140 are still negotiating the distribution of copies to employees and the
Union.
Summary of new provisions:
i
w
a. No strike s out - no lockout. Spells not re use to cross unions.
> clue law and indicates that e
Picket lines of other employees
b• Iburs e twork
rk. XC1q definitions of Part-time and temporary employees
ie rght of permanent part-time employees to challenge the
Proration of benefits if it regularly varies from the number of hours
worked.
T1renty-four hours, notice must be given to change schedules except
in emergency or bad weather.
Inclement weather policy.
make up Employees who do not appear for work may
Pa)' -
the time, take vacation or holiday, or take leave without
c• Overtime. Prior authorization from the supervisor is required but
t is can be given .in general terms For emergencies or recurring
situations.
The Federal law now allows us to give comp time rather- than`o••ert.
and this can be used to everyone's advantage. Limits on the am Tt
13 14 1
0
Department and Division Beads
August 9, 1976
Page 2
of tire which may be carried over will be discussed at the August 11, 1976,
staff meeting (10:00 A.M.).
d. Rceorting Pay. If an emergency (including really bad weather)occurs
and work cannot be performed, employees may be sent home after being
paid for two hours at straight time.
e. Minimum call-in. If the call overlaps the shift employees must be
paid for both.
f. Holidays. City Manager may designate the extra Christmas holiday.
Por City operations regularly open on holidays, there will be time
off at a later date rather than pay at 2-1� for the day.
Ile are shifting to a July 1 accumulation for holidays. By July 1,
1977, all holiday and personal leave days not used will be forfeited.
g. Vacations. No substantial changes.
h. Sick leave. No change in accumulation. Sick leave bank created to
handle extensions of sick .leave. Check contract for details.
i. S ecial leaves. Pregnancy leave - note from doctor needed for leave
o ab
sence a ter other leaves are exhausted.
Union business leave - two people can go for two days (unpaid) during
the year. 17iey must give notice.
j. seniority. Extensive changes in procedures for internal transfers
and promotions). It is a workable system and one which # is good
to finally have settled. Also, new provisions on layoff.
k. Discipline. New section. Any of the penalties may be used for
serous offenses. Demotion is no longer a method of discipline.
1. s2jcy. New section with special grievance procedure.
m. Grievance Procedure. Grievances will be resolved by the City Manager
and the committee will be advisory. Please read new language about
permission for time off for stewards.
0 •
AGRJ,BflWT OF ME CITY OF IOWA CITY and THS IOWA CITY LIBRARY BOARD OF
TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL N 183
This Agreement is executed by the CITY OF IOWA CITY, Iowa, and -the
Iowa City Library Board of Trustees, and the Johnson:County:Area Public
Employees, AFSCME, Local N 183. Unless otherwise stated the:word:"City"
will refer to the City and to the Library Board and the employee organization
will be called "Union". Throughout this Agreement members::of the bargaining
unit are referred to as "employees".
It is the purpose of this Agreement to -promote andensureiharmonious
cooperation and understanding between the,City and the Union to ensure
collective bargaining under the laws of the State of..Iowa;::as well -as,
applicable ordinances of the City of Iowa City. It is the purpose of
the City and the Union to establish salaries and terms of employment
consistent with the availability of public funds and with the goals and
purposes of the City Charter. The City and the Union jointly pledge
their cooperation to work together in the public interest to provide
improvement in the effectiveness and efficiency of the services offered
to the citizens of Iowa City.
The parties agree to the following specific provisions:
• 0
e• To maintain the efficiency of the governmental operation
and to determine and maintain the nature, scope and
definition of City organization.
f• lack of To relieve employees from duties because of lack of work,
reasons. public financing, or for other legitimate
To
g codetermine
e ain°ants, methods, and procedures for
8 employees and the definition of, necessity
for, allocation of; and nature of overtime and the method
Of compensating overtime,
h. To determine and implement he methods, means, -tools,
locations, equipment, and assignment of personnel by
not Which its operations are to be conducted including but
workl�ited to the right of contract and subcoritiact
i• To take such actions as may be necessa
mission. ry to carry out its
j. To initiate, prepare, certify and administer -its budget.
k• To exercise all powers and duties granted to it by law.
ARTICLE III
NO STRIKE --NO LOCKOUT
Section 1. No Strike.
shall engage in any stri a at No employee covered by this`Ag
the City where City services are per City
facility
ynor at an Agreement
of this agreement. 'If y location in
any strike shall take lace he life and duration
immediately notify employees engaging in suchPactiI tie ani ceaseand
desist, and it shall publicly declare that such activit
of this Agreement and is unauthorized.
unit, while action in the course iz their employment, Y is violation
Employees in the bargaining-.:
to cross any picket line established'b labshall not refuse
called upon to cross such Y any labor organization when
Will make reasonable effortsctotassurele the line of duty.' -The -City
Picket lines. Any employee engagingin mployee safety in crossing
Article shall be subject to imediae disci activityan violation..
discharge by the City. disciplinary action including the
Section 2. No Lockout.
as a result of disputes an The City agrees not
❑rto lockout
g the term of this Agreement, employees
ARTICLE iv
BULLETIN BOARDS
bulletin Section 1. The City shall assign space as currentl
Provided toa he Humanrds for hRelationsDirrector. No a co
y provided'on
Political material pY Of Which shall be
libelous material, or material which isshall tinjurtious to
the City or to employees. Union notices will be
spaces, limited to designated
O
Q
�
2
0O
N p
r-
np
r
�
G�
m
�
O
n
0
AG(iliLTp 01:T7a.: CIIY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF
TRUSTEES WITH JOINISO;I COUNTY AREA PUBLIC EMPLOYEES, AFSG EI LOCAL N 183
PRE41BLE
This Agreement is executed by the CITY OF IOSVA CITY
Iowa City Library Board of Trustees, and the Johnson Count
Employees, AFSGIE IO1"re and the
will refer to the City
N 183. Unless Otherwise stated Y Area"Public
Will re called " Y and to the Library Board and the employee word ;City
Union Throughout this ;Agreement membersofthe bargaining
unit are referred to as "employeest
It is the purpose of this Agreement to promote and ensure'h
cooperation and understanding between the City and the Union:toens re
collective bargaining under the laws of the State oIowa, as well as
applicable ordinances of the City of Iowa City. It is the
the City and the Union to establish salaries and terms
consistent with the availability of purpose of
Public funds and with thelgoals
Purposes of the City Charter. The. City and the Union jointl goals and
their cooperation to work together in the
improvement in the effectiveness and efficiencyof y_rovide
to the citizens of Iowa City, public interest heservices
provide,
the services offered
The parties agree to the following specific provisions:
ARTICLE I
RECOGNITION
Section 1. County Area Public The City of Iowa City, Iowa, recognizes the Johnson
Employees, AFSCME, Local 183, as the sole and exclusive
bargaining agent for all City of Iowa City employees except those specifically
excluded in Section 3 of this Article. This certification-,is,based on
an Order of Certification promulgated by the Iowa Public.Employee Relations
Board on February 2, 1976.
Section 2. The Iowa City Library Board
the Johnson County Area Public Emloyees,;,of Trusteesrecognizes
AFSCME, Local 183, as; the -sole
except those specifically
and exclusive bargaining aEmployees
for all.Iowa City Public Library;Employees certification is based on excluded in Section 3;of this Article. .This
anorder of Certification promulgated, by the
Iowa Public Employee Relations Beard on February 9, 1976.
Section 3. Sworn, police officers and: firefighters as well, as
all supervisory, confidential and temporary, employees and others: who are
excluded from the laws relating to collective,;bargaining,in.,Chapter 20
of the 1975 Code of Iowa are excluded from the terms, -
application of this Agreement. in,
or
Section 4. The City agrees that it will not sponsor or promote,
financially or otherwise, any other group or labor organization, for the
Purpose of undermining the Union; nor will it interfere with, restrain,
coerce, or discriminate against any of its employees in connection with
their membership in the Union.
ARTICLE II
hIANAGENMVT RIGHTS
Section 1. Except as limited by the express
Agreement, nothing herein shall be construed to restrprovisions
ct, li it of this
impair the right powers, and authority of the City under the lawsofthe State of Iowa nd the City's ordinances. These rights, powers, and
authority include, but are not limited to the following;
a. To direct the work of its employees.
b. To develop, implement and enforce work rules, safety
standards, performance and productivity standards.
C. To hire, promote, transfer, assign, classify, schedule,
and retain employees within the operation of the City
government and to develop and maintain qualifications
standards and procedures for employment, promotions, and
transfers.
d. To discipline, suspend or discharge employees for just
cause.
0
0
°
TO maintain the efficiency of the governmental operation
and to determine and maintain the nature
definition of City organization. , scope and
f To relieve employees from duties because of lack of work,
lack of adequate pub
reasons. c financing, or for other legitimate
To
g compensating determine
the amounts, methods, and procedures for
for, allocation an and the definition of, necessity
Of compensating, and nature of overtime and the -method
h• To dermineadovertime,
locations implement the methods, means, tools,
Which its' and and assignment of personnel by
not limitedptoations are to be conducted including but
the e right of contract and subcontract
1• To take such actions as may be necessary to carry out its
mission.
J• To initiate, prepare, certify and administer its budget.
k. To exercise all powers and duties granted to it by law.
ARTICLE III
NO STRIKE --NO LOCKOUT
Section 1. No Strike. No employee' covered b
shall engage in any stri e at any City facility or.at an
the City where City services area this Agreement
of this agreement, performed during
Y location in
immediately
not, if any strike shall take lace the life and duration
desist' employees engaging in suchpactivitiesUto�ceaseland
and it shall publicly declare that such activit
of this Agreement and is unauthorized. Emplo Employees in
unit, while action Y is in Violation
to cross anin the course of their employment, y the bargaining
called y picket line established b shall not refuse
upon to cross such picket line inathelabor organization when
Will make reasonable efforts to assure a line safety
duty.
Picket lines, employee safe Y' The City
Article shall be s employee engaging in any activi in
'crossing
Articles b subject to immediate diany a ti tY an violation of.the
dischargey the City, ry action including
Section 2. No Lockout.
as a result of dispThe City agrees not to lockout employees
utes wring the term of this Agreement,
ARTICLE IV
BULLETIN BOARDS
Section 1. The Cit
bulletin bows for the U-I"on shall assign space as currently provided to the Human Relations Post notices, a copy of which hall berovided Politica
spaces.ylomateriial, libelous material, or material which is. Notices shall injurious to
the mplo ees, contain
spaces, y Union notices will be limited to designated
• 0
ARTICLE V
BUSPJESS AGENTS
Section 1. The Union shall have the right to disignate agents,
not to exceed two (2) persons at any one time, who shall have access to
City facilities only during regular working hours, for the purpose of
investigating matters relating to the administration of this Agreement.
Section 2. The Union shall notify the Human Relations Director
after making such designation. Any such investigation,will be conducted
so as to not interfere with City business and any such agent will comply
with City safety, security and other regulations. Notice will be given
to the Department Director or designee when a business agent enters City
property or facilities.
City employees may not spend working time to meet with business
agents unless specifically permitted by another provision of this
Agreement.
ARTICLE VI
DUES MECK OFF
Section 1. The City agrees to deduct,Union membership fees and
dues once each month from the pay of those employees who individually,
authorize in writing that such deductions be made. The Union will certify
the amount of dues to be deducted and the structure of the dues schedule
in a letter signed by the President and notarized. Authorizationfor.
check off must be received by the 15th of the month in order'to be
withheld from the first check of the next month.
Section 2. Check off moneys will be deducted from the first pay
check of each calendar month, and shall be remitted, together.with an.
itemized statement, to the Union Treasurer within ten (10),day
the deductions have been made. s,after.
Section 3. The City will not deduct dues beginning the first of
the calendar month after which an employee is no longer part of the
bargaining unit. An employee may voluntarily cancel or revoke authorization
for check off by delivery of written notice to the City'and;to;the
Union. Cancellations received by the 15th of the month will become
effective on the first of the next month.
Section 4. The City will not be liable and will be held blameless
for damage arising by virtue of mistakes in connection with funds collected
under the provisions of this Article. The City will not be responsible
for payment of dues, special assessments or any other deduction upon an
individual's default.
El
ARTICLE VII
HOURS_ OF WORK
0
Section 1. Work Week. Except for six (6) and seven (7) day
operations, the regular wor week for permanent full-time employees
shall begin eight
Monday and extend through Friday and will consist of five
consecutive eight hour days for a total of'forty (40) hours which.
includes holidays and paid leave.
varies from this will be notified atnthe tempimeeofwe ploWork week regularly
and the employee may agree to vary the regular work weeken A day The
supervisor
defined as the time between 12:01 A.M. and midnight 24 hours later..
Section 2. Temporary 11 rY and Parr_r;me Employees.
A.
nent
shall be assigneesregu arrnwt er of hous Permanent part-time employees
determining the City's benefit contribution.peBenefitsototh
Part-time :e Y Purpose of
employees will be pro -rated on the number of hours,to which
the employee has been assigned. Occasionally, the hours actually worked
Will vary from the assigned number. No min' amount of work is
to part-time employees. Any i
employee whose hours actually worked rge guaranteed
exceed his/her assigned hours shall be reassigned hours for;the
of proration of benefits, 8ularly
his/her tion An employee may request a redetermination
fined hours or proration of benefits through the grievance
procedure. Nothing in this section shall require a permanent part-time
employee to regularly work more than his/her assigned hours.
meaning ofBthisTa ora Em to ees. A temporary employee within the
Purpose for less tthranmtwelve one w o is appointed fora particular
employees , special (12) months. Casual employees, seasonal
less than 20 hours/week employees,
oand
employees who regularly work
f this
agreement. Temporary employees are not ntitlednto sick the ai avec vacation,
insurance benefits, seniority, holidaysuse of the grievance procedure,
or any other benefits provided under this agreement.
If an employee has worked as a temporary employee for six (6)
months, he/she may file a request with the.Human Relations,,office for
aissYPermanent status. Providedttthat a Pernianent:vacancy within classification
available for which the employee is qualified, the.temporary;employee
ompete with other applicants for the seniority
vacancy: on. basis ,o -
accrued from the last date of hire. If no permanent openingf, tis available,
the employee will be laid off immediate. The employee may elect to
continue on temporary status for the duration of the particular purpose
for which they were employed:
The seniority date for current temporary employees who apply
for permanent positions will be July 4, 1976.
Special program employees include; those funded:by CETA, Wim,
Revenue Sharing for youth programs contract, and similar employees.
Section 3. Schedulin .
schedule of any e to ee TheCitymay temporarily vary -the
schedule is to beivaried either n hourseatothead the
eonithee
mP Y that: the
day. No prior notice to change schedules is required he preceding
work
situations or in the case of inclement weather.
• a
Section 4. Rest Periods,
the City will provido a i teen (15 Except for the transit employees,
during the regular work da ) minute rest period at
by the immediate y' The location and scheduling iO times
supervisor. The reill
st period will be scheduled at
determined
regular times within the work day to accommodate staffing s
preferences will be considered,
needs. Employee
Section 5. WN"I Periods.
City will provide an un al 1:
City transit e
minutes each da P ur1C Period of not less employees, the
the lunch y YO em in five da than thirty (30)
Meal Peril will be scheduled ata coperations Biienever possible,
periods will be scheduled to accommodaatteathe
staffinr time in g,
work day,
department with consideration of the preference of e
g needs of the
Section 6, employees.
requires it Clean time. If the nature of work performed
employees wl e a lowed at least five (S)
personal clean-up at the end of the work day. minutes for
Section 7. Inclement weather.
to work regardless o weatter con itions if -they
are e
Employees who a xpected to come
appear for work at the scheduled time v llsbel ompensated.
Genwor is erally, City operations will not be suspended, buf may information. be rescheduled the immediate s y be :rescheduled.
upervisor will have available
because
Employees
fyweather conditions mable ayget to do onewofk he foo
.leave work early
the Following
a• Arrange to make up the work with the approval:'the
of
immediate supervisor.
b. Charge the time missed to holiday, vacation, compensatory
time, or personal leave.
c. Take leave without pay for the time missed.
ARTICLE VIII
OVERT II;
Section 1. Overtime.
full or part-time a Overtime is work performed b
(40) hours mP °yee n excess of eight (8) hours ,per day .o Permanent
per week with'the following exception:, to work more than eight (8)_hours Y
for time worked Employees regularly
in excess of the regularly sch duled hours; °vertime
e•g•, landfill a Per day.
rk
day will receive overtimewforwtlme twelve
(12) hours
(12) hours per day or fort P in excess offtwelve
y (40).hours per week.
Prior authorization from the employee's supervisor ;is required
before overtime work will be credited.
required to work overtime but maP1°Yees ma
Physical inabilityY request not to Y be.periodically
or serious personal need:' perform work because of
Such .requests:to be:excused
from performing overtime will not be unreasonably denied.
the
For permanent full-time employees; work performed on the sixth
(6th) he following exceptionsseventh (7th) day ns the work week shall be considered overtime
With : continuous shift employees and
who are regularly scheduled to work on six (6) days.
For a persons
that
For
dbent part-time employees all working :time in .excess of
Y permanent full-time employees will be considered
There will be no pyramiding of overtime. overtime.
e•g., if an employee is called back to work on Saturday
he/she may claim the overtime rate either for the minimal
call-in or the sixth(6th) day premium, not for both sections.
Overtime will be compensated at the rate of one
times the current base hourly rate of the employee orb co
and one-half (1 1/2)
time off at the rate of one and one-half (1 1/2) hour 'for eacW hour of
overtime worked.departmentalg y compensatory
and a The esildote sine whether
needs financial considerations,
employee preferences will determine whether overtime is paid or
compensatory time given.
Section 2. Overtime T:ualization.
a. To the greatest extent oss.i e
employees equally consideringp , overtime shall be offered to
ability of the individual emloyee,etype o� work, the qualifications and
overtime service, and the employee's senemployee'sset desfortho perform
orm the
followiengemployee with the necessary qualifications and abilities and
the least number of overtime hours in that classification will`be first
offered such assignment, and in the eyent,that.overtime hours among
employees in that classification are equal seniority. shall prevail. In
the event no qualified, employee desires such work, the City' hall':select
the qualified employee with the least credit overtime hours,for';such
assignment and hours,
there are two or more employees with the-same,number
Of overtime hours, the employee with the least senority shall be thus
assigned.
b. The City shall maintain and post (at least monthl
Public place in the work area, a list of classifications`show g.overtime
hours worked overt
each employee, and shall keep such list current with
accumulated overtime being credited forward.. Overtime acurrenttwit
shall commence on January 1 of each year::'
Employees who are new to a division shall be credited with the
highest number of hours in the classification. Fmployees
from the equalization procedure at their own request. may be excused
Section 3. Overtime Rest eriod.
to work at least two�j If an employee is required
work da Y p ours imme lately after the e
Y, the Cit will -provide for one of mployee s normal
the following;
a. A rest period of one-half hour immediately following the work
day, or
b• One additional half-hour of paid compensation at the overtime
rate.
This section does not apply if the employee is required to.work less.
than 2 (two) hours following the work day.
Section 4. Stand-b Time.
are required to he at a ,Employees who are on stand-by
phone and from which they ace esignated.by them which has access tola
basetand-by'will be compensatedeatha the work area promptly.. Employees
Pay rate for . rate of six (6) hours at'
W be furnished tock week of stand-by time. A call'device current
shall be paid at the regular�cdll-lnsra C for each call in'aded-t n tond le
stand-be il Y imployees called to Work
Section 5. Re ortln Pa ,
his/her regular time an If an employee re
Of an emergency because work' ut is sent home b Psupeorts for work at
paid-a minim annot be performed y ch employee or because
The Cit l k AVO (Z) ]tours at his Such employee shall be
City will make every effort to allowetheelar straight time
work at straight time at a different time, 'where the nature of'
worky%
permits. employee thee to make up the
Section 6. Mininndn Call-in.
eight (8) hour work ay an wio is called employe who has co
situation without prior notice will be to work completed an
hours. emergency-
If the emergency call-, takes_ more for a munimimi of t�vo (z)
employee will be compensated for time s ent.an two (2) hours the
paid at the overtime rate. An em to ee w
p Minimum call-in will be
regular start of his/her working day willhbelcompensated for-a?minumum
Of two (2) hours at s called In prior to the
regular workingthe overtime rate. In the evenU minimum call
hours hours overlap, straight time will be' in and
in addition to the minimum call-in. Paid for
the overlapping
Section 7. Professional Iim
credit given for overtone wort ° to ee. No overtime will be-:paid or
assignments will be based on an assumed esfootal employees. hour. we Generally;
time
professionals and on the assigned Y (40) hour:week'for. full
professionals. wed number of hours for
part=time
Sect
the ion 8. Permanent employees required to work on S
Library will receive six (6) hours credit for each four un`lays at
shift worked.
�4) hour
Section 9. Calculation of Overtime.
on the basis of six minute se Overtime will be recorded
entire segment to be credited wi g ie-t and an employee -must work an
th one-tenth (1 1/10) hour for-overtime.
Section 10. Payment
be of Overtime.
well on succeeding pay chec s. Payment of authorized overtime
ARTICLE IX'
HOLIDAYS
Section 1. The follrnvin
employees: New Year's Day (lama days shall be paid holidays for
Monday in February); Memorial Da 1)' iVashington'
Y (ls Birthday Permanent
ast Monday in MaY);Y Gird
`:Independence Day
(July 4); Labor Da
11); Thanksgiving4);Labory (first Monday in September); Veteran's Day (November
fter
Thanksgiving; n y (fourth y in November
g, Christmas Day (December 25 ): the arida
); and one personal leave day.
Section 2. In addition day,
employees who do not work a continuous shift the day before er after'
Christmas, or the da all be granted to'permanent
holiday. Y before or after New Yearps Da
Y• TEe City Manager y as an additional
direct that employees observe �rVheaLibrary Director for Libraaltional
if the Manager fails to make such designation by
da of eatbuees)
calendar year in question employeesgnation by Decemberl15hoflthe but
to the approval of the supervisor.pmay 'select a particular da.
Director does not desi If the Cit Y subject
Chris gnate a da Y?a8er or Library
Christmas and New Year's for this holidays ma
Y choose a day between
Section 3.
continous shift Beginning
on July 1, 1977
on July 1 annuals Y'ei ht Permanent employees on a
July 1 of an Y' �Y continuous shift employee(88) hours`of holiday credit
dates in they calendar year will receive credirtyho begins work after
year. If an employee separates after JIe remainin
those holidays which have been credited but which have not as g holiday
Will be deducted for the Y 1 of any year,
Purpose of considering separation payyet occurred
e•8•, Employee A recei credit for eighty-eight 8g
I holiday time on y I. The
1 and has not us a11y ) hours
employee terminates on November
(16) hours o d ` holiday hours. He would be
° 1 ay pay (Independence Da paid sixteen
Day and -Labor Day),
e'g'o Employee B receives eighty-eight (88) hours of holiday
credit on July 1,
Darty (40) holiday hours. 0n1teonates Nov and
ember l has used
Y and Labor Day) have occurred o (2)or holidays (Indepen etc nnce
twenty-four (24) hours (40 used, less 16toccuation
deducted from vacation therefore
Pay or from the las t. week's wages, be
employees
the Purpose of this Article, a holiday for cont -
on
the d(except Police Department employees) be inUOus shift
hours y of the
holiday and continues for a begins e 12:01 A.M. )
hours
In the Police DepartmentPeriod of twenty-four (24
on the day preceding the holiday a holiday begins at 11:00
hours thereafter. When a holiday and continues for
will be observed, When a occurs on Sunday the follow tYir,g Monday.
Friday will be observed.g°liday falls on a Saturday the
preceding
Section 4. Part-time employees will receive holida
It
pro rata basis.
Y pay .on"a
Section 5. Eligible employees who are called i
at a rate of one andone-half�l 1�2 not o n to work-
holiday
a'
worked Pen to the Public will be paid
and shall receive holiday lmes'for the hours actually
y pay..
Section 6. Permanent e
holidays when City operations employees who are
public will receive eight 8 to which they ar%assi assigned
re open
on
O hours of holida geed are open to the
y credit during the pay
period in which the holiday occurs. This credit may be used after the
holiday occurs but must be taken before the next succeeding July 7:""
Generally this section applies to library, transit, parks, recreation
and parking enforcement employees.
Section 7. Holidays or personal leave days shall not be carried
beyond July 1 of any year.
Section 8. Definition. "Continuous shift employees" as -used
in this article indicates t ose employees who work in'twenty-four:.C24)
hour per day operations and who are subject to assignment on shifts.
beginning between 3:00 PTf, and 7:59 A.M.
Section 9. On January 1, 1977 continuous shift employees will
receive twenty-four (24) hours of holiday credit. To make transition to
July holiday plan, employees will not be penalized for any holiday
accumulation until July 1, 1977, at which time they will forfeit any;,
remaining holiday hours.
ARTICLE X
VACATIONS
Section 1. Accumulation. Vacations shall be earned by permanent
employees by month accor�the following schedule:
Length of Service Days Per Pay Month
0-5 years 1
S years 1 day - 10 years 1 1/4
10 years 1 day - 20 years 11/2
more than 20 years 1 3/4
Professional librarians shall recieve 22 days.of
vacation per year regardless of length of service.
The maximum number of hours eligible for carry over after July.l of any
year or for payment upon termination shall be one hundred ninety-two (192)
hours (24 days).
Section 2. Use of Vacation. An employee becomes eligible -to
take vacation after he/she has been -on the payroll as a permanent employee
for a period of six"(6) continuous months. Scheduling will be arranged
with the supervisor to accommodate staffing needs and employee: preferences.
Except in the event of serious personal need by a less senior person,`
seniority will prevail.
Section 3. Payment of Accumulation. , Upon resignation or
retirement after six (6) mont19 o continuous service,,a permanent.,`
employee is eligible for payment of not more than 192 hours '(24 days)' of
accumulated vacation leave at the current base rate of pay. ;
Section 4. Transition Period. To make the transition to the
July fiscal year accumu anon p an,employees will not be'penaliied for
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any vacation accumulation until July 1, 1977, at which time they will
maximum accumulation. forfeit any hours in excess of the one hundred ninety-two (192) hours
ARTICLE XI
SICK LEAVE
Section 1. Accumulation. Employees shall be granted one day
of sick leave credit per mons and shall have the_right:to accumulate
unused sick leave up to a maximum of.1440 hours (80 days)`. Sick leave
shall not be accumulated while an employee takes a leave of absence
without pay, but any employee granted a paid leave shall continue to
earn sick leave. Accumulation of sick leave shall commence on the date
of first employment. Additional sick leave will not accure while an
employee is receiving worker's compensation.
Upon resignation or retirement, the City shall pay for one-half of
the accumulated sick leave on the basis of a permanent employee's current
hourly base salary. An employee must have been employed by the City for
at least one year in order to be eligible for payment of accumulated
sick leave upon termination.
Section 2. Use of Sick Leave.
a. A day of accumulated sick leave shall be used for each day an
employee is sick and off work during a work week.. A doctor's
statement regarding nature of illness and recovery therefrom
may be required. Sick leave may be used bn an'hour-to-hour
basis for doctor's appointments or other health maintenance
needs.
b. In addition to sickness of an employee, sick leave may be used
for:
(1) On-the-job injury.
(2) Serious illness or hospitalconfinement of, a spouse or
child, or critical illness of the employee's mother,
father, mother-in-law, father-in-law, brother, sister, or
grandparents, as well as any other relatives or member of
the immediate household of the employee up to a maximum
of forty (40) hours per occurrence.
Section 3. Notification. An employee shall notify his/her
supervisor as soon as reas-OTE57T possible of any sickness or illness
which will cause him/her to miss work; and unless such notification is
given within one (1) hour after the beginning of the.work;day,'the'
absence will not be charged to sick leave, but will be charged to`other
accumulated leave or to leave of absence without pay. Unusual circumstances
will be evaluated and may result in charging -the absence to sick leave.
An employee who becomes sick at work will notify his/her supervisor
before leaving the area.
Section 4. In the event an employee is injured or disabled on
the job requiring time away from work, no deductions shall be made from
the employee's accumulated sick leave or annual leave unless such employee
requires more than two (2) working days in which to recuperate and'
return to work.
Section S. Sick Leave Bank.
a. Permanent employees in the bargaining unit may draw from a
Sick Leave Bank beginning on October 1, 1976 if they have
exhausted their own sick leave accumulation and are seriously
ill. Hours of sick leave shall -be -contributed to the bank by
bargaining unit members who have reached the maximum accumulation
of sick leave (1440 hours or 180 days); at the rate of one day
per month.
b. Employees who use Sick Bank days will repay the bank at the
regular sick leave accrual schedule after returning to 'work.
Employees who do not return to work or who fail to accumulate
a sufficient amount of sick leave will pay back the Bank from
other accrued leave or in cash.
C. A joint City -Union committee will administer the use -of Sick-
Bank
ickBank days by employees. The committee 'will be made up of one
Union representative, one City representative, and one person
chosen by the two representatives. The Bank Administration
Committee will determine when sick leave may be used, application
procedures, the length of time which any employee may'borrow,
the length of the waiting period after exhaustion of sick
leave before employees may borrow time, length of service
before an employee may borrow time, amount of time before
which days must be paid back, and other criteria for using
Bank days.
The Committee is charged with maintaining the integrity
of the Bank for serious or catastrophic illness of individuals
in the entire units and will develop policies to protect
against abuse by individuals.
d. The City will contribute thirty (30) days of sick leave to the
Bank October 1, 1976. No individual may use more than ten
(10) days during the term of this Agreement.
ARTICLE XII
SPECIAL LEAVES
Section -1. On the Job Injury. Upon application the City may
grant a leave of absence witii pay in the event of an injury or illness
of an employee while at work provided the following conditions exits:
a. The injury or illness arises out of the course of 'City
employment, and
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b. The City's medical advisor determines that time off from
work is required.
If the above provisions are applicable, leave with pay will be
granted during the remaining time on the workday when the injury occurs
and for a period of two (2) working 'days thereafter if authorized by the
medical advisor.
If the injured or disabled employee requires more than two (2)
working days in which to recuperate and return to work, any additional
absence may be charged to sick leave or, if sick leave is exhausted, to
leave of absence without pay. Employees may use accumulated sick leave
or other accumulated leaves to supplement worker's compensation benefits.
Section 2. Funerals. An employee will be granted up to three
(3) calendar days per Encs ent with no loss; of compensation or accruals
to attend the funeral of his/her spouse, children, mother, father,
stepparents, sister, brother, mother-in-law, father-in=law, grandparents,
aunt or uncle, brother-in-law, sister-in-law, or permanent member of the
immediate household. If additional time is needed, an employee shall be
permitted to use up to three (3) calendardays'of' accumulated -sick leave
with the approval of the supervisor.
Section '3. Leave of Absence Without Pay. A leave of 'absence
without pay is a pre eted rndn amount o time off from work, which has
been recommended by the Department Director and. approved by the City
Manager or for library employees, by the Library Director. Generally,
such leave shall not exceed twelve (12) months. Upon termination -of any
such leave of absence, the employee shall return to work in -the same
range and step as when he/she left and will receive compensation on the
same basis as if he/she had continued to work at his/her regular position
without leave, provided that during that period if the natureofioperations
has changed so that similar work does not exist or that an-opening.for
the.employee no longer exists the employee will be offered vacancies in
related areas or vacancies for which the employee is otherwisequalified.
In the event an employee fails to return to work -,at the end:of:any
such leave or extension he/she shall be deemed to have voluntarily,
resigned or, if applicable, voluntarily retired on the .last day of work
prior to such leave. During a leave of absencewithoutpay, the employee:
a. cannot pay retirement contributions if the leave exceeds one
month in duration.
b. Must pay group' hospitalization premiums falling due during any
month the employee is not on the payroll if coverage:is desired.
C. Must pay premium for coverage under the group life insurance
plan if coverage is desired. -
d. Shall not receive any other accruals or job benefits during
the period of absence.
e. Shall not acquire. additional seniority during -said leave
except in the case of temporary medical disability or where
otherwise specified by the'Agreement:
f. Shall not earn. sick, vacation, or other leave.
g. Must use all accumulated vacation to'which he/she is entitled
prior to the time that the leave without pay commences..
The Department Director may waive the above conditions (a. through
g.) for leaves of absence not exceeding ten (10) working's -days.
s
Section 4. Jury Duty. Any employee summoned for jury duty
during the employee's regular work hours .shall receive regular standard
time pay during any period of jury service. The City shall receive the
pay earned from:such jury service.,, Compensation., for travel expenses may
be retained by the employee. An employee who is summoned, for: jury duty
but is not selected to serve on the jury. and is ,discharged with,an hour
or more remaining in the work -day shall return to work.
Section 5. Witness Fees. An employee shall be granted leave
with pay when require to e a sent from.work for the purpose of, testifying
in court in response to legal summons and the City shall receive,the
witness fees up to the amount of compensation paid to the employee for
days testified.
Section 6. Militar�Lean. Emimployees called by any -branch of
the Armed Forces of e nth U itea States.shall, when order ed.to. active`
.
service, be entitled to a leave of absence for such, period: of :time that
the member serves in such capacity and until discharged therefrom. ,The
City shall comply with applicable law,in regard to military. leave.
Employees subject to the foregoing shall, upon re -..instatement to
City employment, retain their original employment.date for the purpose
of determining seniority and eligibility for salary advancement just as
though such time spent in service of the United States has .been spent in
regular employment with the City.
Section 7. Voting time. An.employee shall be permitted to
vote during the work—day in any national, state, or local election if it
is not reasonably possible for him/her to vote during off hours.:
Section 8. Pregnancy Leave. A pregnant permanent employee
shall be entitled to a leave o.,absence without pay if she,is disabled
as a result of pregnancy or related cause at the exhaustion of.:other
accumulated leaves. All employees requiring such leave shall notify the
Department Director prior to the anticipateddate of,birth and should be
able to substantiate their condition,by.a doctor's statement. Employees
may work during pregnancy if health permits.
Those granted leaves under:this;section shall present,a doctor's
statement as to pregnancy disability and.recovery`therefrom andwithin
seven (7) days following birth, miscarriage, or abortion. The employee
shall advise the City of the date by which she will return to work and,
unless the employee returns to work by such date, or'any. other date by
reason of extension granted by.the City, -the employee'will be considered
to have voluntarily resigned or.retire'd:
Section 9. Union Business.Leave.
a. Any employee elected to office, in the International American
Federation of State, County and Dkmicipal.Employees shall be
granted a leave of absence without pay fora, period not to
exceed one year. ;Such leaves.shall.be grauted.to not more
than one City employee in Local.183 at any one time. An
employee desiring, such leave shall give thirty, (30) days
notice to the City.
b. Leave of absence without pay to attend and serve as a delegate
to conventions and training conferences -relating to the Union
shall be granted to.not more than two,Cty employees in Local
n
U
0
taken183 11bynanynonealendar employeeeunderNot thisore thansection.twEmployeesy be
seeking such leave shall present certification in writing of
their selection by the Union to act'as a representative to a
specified conference at least ten (10) working days prior to
the time they wish to be absent.
ARTICLE XIII
SENIORITY
Section 1. Seniority shall mean length of continuous service with
the City. It shall begin on the date of employment and become applicable
immediately following completion of a probationary period of not more.
than six months in a permanent position, unless extended in writing due
to unusual circumstances.
An employee will lose seniority rights upon resignation, discharge
for just cause, retirement, death, or layoff for more than two (2)
years.
Seniority shall accrue during allpaid leaves and during periods
which a member is assigned a classification outside of the bargaining
unit. If an employee is on leave of absence without pay as a result of
temporary disability as substantiated by a doctor's certificate or for
on-the-job injury, seniority will accrue indefinitely. Otherwise, an
employee will not accrue seniority while on leave of absence without pay
after a period of 30 days.
An employee will not accrue seniority while on layoff
period of 30 days. 'after a
In the event that two or more employees have an identical seniority
date, the order of their seniority shall be determined b
order of last names. y the alphabetical
The City will maintain a seniority list showing the length of
continuous service and will make a copy of the list available to the
Union each sixmonths.
Section 2. Use of Seniorit . An employee who has successfully
completed an initial—CRY pro ation period of six months may exercise
seniority as follows:
a. Transfer Procedures. Except in the case of emergency
circumstances, a notice which describes the position for
Permanent job openings will be posted on administrative
and departmental beulltin boards for not less than five
(5) working days. During this period, employees who wish
to apply for the position may do so. The City will
provide a written form for application which must be
received in the Personnel Office by 5:00 P.M. on the day
stated on the notice as the closing date. If current or
laid off employees is qualifed for the position he/she
may compete with other employee applicants for the position.
•
0
Step 1. If qualifications including skills, abilities,
and experience of the applicants are relatively
equal, the OH4)loycc with the greatest seniority will
be offered the job first.
Step II. If the qualifications of current employees
are marginal but equal to outside applicants they
will be offered the position if it is to be filled.
If an employee feels that weniority has been ignored by the City,
he/she may request the reason for his/her rejection for the position in
writing, and the written reasons will be given.
b. Reduction in Force. Reductions in force will be by
CpcT— artmentel lvisioll according to seniority in the jobs
affected with the person having the least seniority
within classification to be laid off first. 'The City
will give five (5) days notice to employees who are to be
laid off except in an emergency. Temporary, employees
within cl.assifi.cation (wlio are by definition without
seniority) will be laid off prior to permanent employees.
1. The City will attempt to accomplish reduction in force by
attrition.
2. An employee whose job is to be eliminiated may be transferred
to vacancies within the department.
3. If no vacancies exist the employee being laid off shall bump
the employee with the least seniority in a position in their
department or bargaining unit for which 'they _have the seniority,
proper credentials, including prior recorded experience, and
the ability to perform the duties of the job under normal
supervision.
C. Recall from Layoff. The names of permanent employees
Ta–M—Orr--STE-ll be placed on a re-employment list for the
jobs affected in the layoff. Such persons shall be
eligible for re-employment list for the jobs -affected in
the layoff. Such persons shall be eligiblefor're-employment
in reverse order of layoff in the job from which they
were removed for a period of two (2)`years 'provided that
they are still qualified and able to perform the job.
Employees may apply for vacancies in the City in titles
other than those affected by the layoff during the period
that they are on the recall list while maintaining their
option to return to the job from which they were laid
off.
When an employee is notified by ordinary mai] to last known address
to return to work, he/she must make arrangements to return to work with
the immediate supervisor within five (5) days or be revoved from the
recall list. An employee on the recall list will accrue seniority for
thirty (30) days, and will be entitled to exercise seniority accrued
prior to layoff after their returning to work.
Section 3. Trial Period.
A. Employee option. A transferred employee shall be granted
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J
up to ten (10) days to determine whether they want to continue in:the
position to which they voluntarily transferred.
B. City Option. The length of the trial period for a
person who is trans erring to another position within the City.will be
adapted to the type of job, length of City employment and ssimilarity to
previous jobs. If the employee's performance is unsatisfactory at the
end of the trial period, they may return to their previous position or a
similar vacancy. The employee will be informed of the length of the
City option at the time of the transfer.
Section 4. When an employee transferrs to another position within
the same or a lower range he/she shall move to a step and rate of pay
within the range of the position transferred to with pay to be determined
on the basis of relative skills, abilities, experience and seniority.
When an employee transfers to a higher range his/her pay shall fall
within that range and in no event will be Less than one step higher.
ARTICLE XIV
DISCIPLINE
Section 1. Purpose. All parties of this Agreement recognize
that a certain amount�scipline is necessary for efficient operation
of the City and the City has rights and responsibilities under.law.in
providing services in an efficient manner. These certain penalties for
infractions are agreed upon by the parties as a mode of operating and
are not intended to limit the management rights of the City as;explained
in Chapter 20 of the 1975 Code of Iowa. Disciplinary actions:against
employees will be taken for just cause. Appeal of disciplinary actions
shall be by permanent employees and shall be through the grievance
procedure set forth in this Agreement.
Section 2. The goals of progressive discipline are to correct
behavior and produce efficient City operations rather than merely to
punish wrongdoers. Disciplinary actions or measures shall ordinarily be
involked in the order listed:
1. Oral reprimand or warning
2. Written reprimand or warning
3. Suspension with loss of pay
4. Discharge
Section 3. Serious violations may be dealt with by any of the
above disciplinary measures on the first offense. Permanent.employees
shall have the right to take up a suspension or discharge at Step 2 of
the grievance procedure.
ARTICLE XV
INSURANCE
Section 1. Medical insurance. The City will provide the major
medical insurance policy current y provided for employees and families
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if applicable. A pro rate share of the cost of the premium will be paid
for part-time employees
Section 2. Life insurance. The City will provide a term life
insurance policy for emp ogees t e face value of which is an amount
equal to the next even thousand dollars greater than annual salary.
e.g., If an employee's annual salary is $8,834, the face value
of the life insurance policy is $9,000.
In the policy currently provided coverage does not become effective
until ninety (90) days after employment or applicable salary increases.
ARTICLE XVI
SAFETY
Section 1. Policy. The City and the Union recognize the
importance of the personal safety of individual employees on the job and
recognize that in the routine course of work employees are subject to
risks.
Section 2. Standards. Employees shall not be required to work
in areas or to operate 'equipment which is a hazard to themselves or the
public. Periodic training in safety matters will be provided to employees
who engage in hazardous work. Employees will have access.to protective
gear required by law. Employees will handle property and equipment of
the City with due care appropriate to the .nature of the work and equipment
employed.
Section 3. Notice of Defect. Employees who operate equipment
shall, during or imme iateiy ollowing,the work day,'report any defect
noticed by him/her in said equipment to the immediate supervisor.
Section 4. S ecial Grievance Procedure. .If an employee -is
requested to work in a ocation or wi equipment which presents an
imminent personal hazard to him/herself or others the employee will
report immediately to the Division Superintendent.oi designee who will
determine the minimal standards under which employees must work. If the
employee is then directed to work in a location or with equipment which
is an imminent personal hazard to him/herself, he/she shall file a Step
2 grievance with the Department Director. Other disputes over safety
hazards will be processed through the regular grievance procedure in
Article XX Section 5. Use of this procedure to create unnecessary
delays will result in disciplinary action.
Section S. Safety Comunittee. The Union shall select two (2)
City employees as representatives on the City Manager's Safety Committee.
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ARTICLE XVII
•
PERSONNEL TRANSACTIONS
Section 1. Employees shall receive a co
performance evaluations, and other documents which will eousedr oractions,
Purposes of promotion, evaluation or discipline.
Section 2. Under the supervision of an employee
Relations Office and during normal business hoursemloyeestsha llhave
access to their personnel files including the right to copy the contents
of the file at their Own expense.
ARTICLE XVIII
CLOTHING AND EQUIPMENT
Section 1. Employees who are required to wear ,special uniforms
will be provided with such uniforms. Cleaning and maintenanal uniforms
be
paid by the employer. Outerwear, including hats, jackets, and coats,
will not be provided, except for Parking Enforcement Attendants, Gl
for,discomfort from cold will not be provided. oves
or Section 2. The employer will provide required protective clothing,
protective devices, including one half (1/2) theprice of an initial
Purchase of safety shoes to maximum of $20.00 and anamount of $15.00
annually for the replacement of such shoes.. The employee shall provide
the full cost of safety prescription glasses.
ARTICLE XIX
RECOVERY AND
REHABILITATION PROGRAM
Section 1, volunta Referral Service.
where possible a volunta The City will provide
problems, y rY re�erra service or employees With personal
tap10 ee who suspect they may,have a work problem even in
the early stages are encouraged, to seek treatment or counseling, All
such requests and/or referrals in Section 3 for service will.be treated
in a confidential manner. Every attempt will be made to`assist employees
in obtaining needed services if they voluntarily request such assistance.
Section vProblem Drinke in In the interest of providing,
efficient services to t e pu is t City recognizes that employee
alcoholism can and should be treated. Educational materials on problem
drinking may be requested from the Human Relations office: All bargaining
unit employees are eligible for treatment and rehabilitation for";alcoholism
or problem drinking, through the City's referral 'service and, ther"avail-
able Community resources., Alcoholism as an illness is not, a, cause, for
discipline and every. attempt will. be made by the City and tfie,'ause ifor
assist employees with drinking problems to obtain needed 'assistance:`.
Rehabilitation assistance will be offered, but if,job,performance is not
raised to an acceptable level disciplinary action will be taken.'
3.•
Prcedure.work robl
or Stewardst�who identioy— T personalsp oblemsrmayt�rrefernemptifloyees to tthems
""man Relations office for assistance in obtaining educational and
rehabilitative services for alcoholism or other personal problems which
influence performance. Nothing in this _section relieves employees of
responsibility for their conduct on the job.
ARTICLE XX
GRIEVANCE. PROCEDURL
Section 1. Definitions. The word "grievance" wherever -used in
this Agreement shall mean any ispute between the City and the Union or
any employee with regard to the meaning, application or violation of
any of the terms and provisions of this Agreement. 'hie word "working
day, shall be defined as any day except Saturday and Sunday for purposes
Of this section.
ction 2.
of the bargaining unitsrcovcretio�-thiAn eloyee who s Agreement sl all shavetherght
rione
to be represented by a steward at any grievance hearing or at any step
of the grievance procedure, if he/she chooses.
The Union will certify the names and addresses of the designated
stewards to the City Human Relations Director.
The City will compensate not more than one employee steward for the
investigation of a grievance. If a second City employee has a special
office in the Union handling grievances, that employee may request
released time from his/her supervisor, and permission to work on the
grievance will not be unreasonably withheld, but the City will not
provide compensation for time spent. Any stewards who are City employees
shall be released from work for not more than two J2)'hours in one work
week to work on grievance resolution. The employee will obtain permission
from the immediate supervisor before investigating the grievance, but
such permission will not be unreasonably withheld. Released time under
this section is limited to grievance resolution.
Section 3. Limitations. Unless a grievance is appealed as
hereinafter provide its 1 ave no further validity or effect. Time
limits may be extended by mutual agreement of the parties. Any monetary
award or compensation arising out of the resolution of agrievance is
limited to the period of time sixty (60) days
grievance regardless of the length of the racticer to the filing of the
grievance or the employee's lack of knowledge thereoing'rise to the
f.
Section 4. Procedures. A grievance that may arise shall be
processed and settle 1n —the ollowing manner:
a. Step 1. The grievance shall be presented orally for discussion
between the employee.grievant, the steward if the employee chooses to be
represented by a steward, and the employee's immediate supervisor within
five (5) working days after the knowledge of the eventigiving'rise to
the grievance. The date of the oral presentation of the grievance=shall
be certified in writing. The 'supervisor shall deliver the answer verbally
to the aggrieved_ employee or steward within:five'(S) working'days'after
the Step l conference. -If no response is received from the supervisor
Within five (5) working days the grievance will be processed pursuant to
Step 2.
b• Step 2. If the grievance is not resolved by Step 1°, the
aggrieved employee or his/her steward (if applicable) shall, within five
(5) working days following completion of Step 1, present three j3)
written copies of such grievance signed by the aggrieved person, two (Z)
to be filed with the Department Director or designated-representative
and one (1) to be filed with the Union: For Library employees'the
grievance must be filed at this Step with the Library director or designee.
The written grievance shall contain a statement from the employee of the
facts and section of this Agreement grieved and specifying what'relief
or remedy is desired,
The Department Director or Library Director shall,'within a period
Of five (5) working days investigate and document the within
and
issueC. a dec�ispion in writing thereon to grievance and steward if applicable.
to the CitStht 3. A grievance not resolved by Step 2 shall be submitted
Y ager or his/her designee within ten (10) working days of
the date of receipt of the written decision referred to in Step 2• The
City Manager will investigate and respond'to the 'grievant or steward
within 'ten (10) working days.
d. Arbitration. Grievances not resolved at Step 3 of the Grievance
Procedure may e s mut
for arbitrated to a third party for arbitration. A request
ion must be submitted by written notice to the other party
within ten (10) working days following receipt of-the'City Manager's
decision at Step 3. Copies of any such request will be furnished to the
City and to the Union.
The cost of arbitration and recording the same shall be divided
equally between the parties to this Agreement. The cost of a certified
court reporter, if requested by the arbitrator, shall be divided equally
between the parties. Each party will pay for the cost of its
preparation and for expenses of witnesses:own case_
The arbitration proceeding shall be conducted.by;an%arbitrator to
be selected by the City and the Union within five (5) working:days after
notice has been given. If the parties fail to select an arbitrator, a
request by either or both parties shall bemade to the -Federal Mediation
and Conciliation Service to provide a panel'of five
arbitrators. Both the City (5) propective
two names from the panel, and the Union shall have the right to strike
strike the first name; the The party giving notice for arbitration.-shall The process will be rother party shall then strike one (1) name
arbitrator. epeated and the remaining person shall be the
The arbitrator shall have the power to interpret.Iapply, 'an& enforce
this written Agreement but shall have no power to add to, subtract from,
or modify the terms thereof. The rules of evidence and the nature of
conduct required'during the arbitration hearing shall begin-accordance
with all state and federal legislation, applicable rules and regulations.
The decision of the arbitrator shall be issued thirty (30)'days:
after conclusion of the hearing and shall be final and binding upon-the
parties.
Theparties of the grievance, their witnesses and representatives
shall have the right to be present at the grievance arbitration-in
addition to the arbitrator. Other persons maybe present at arbitration
hearings as the parties may mutually agree. Either party shall have the
right to record the evidence presented at the arbitration hearing.
Arbitration hearings shall be closed to the public and evidence taken
shall not be revealed to any third party until such time as the decision
of the arbitrator is made unless parties.agree otherwise.
Section S. Grievance Committee._. The Grievance.Comnittee shall
consist of the persons esignate y e Union as stewards.• Not more
than five bargaining unit employees may be excused, to attend to
held during working hours. The names and addresses of. the parties
selected shall be certified by the Union to the City. Representatives
or agents of the parties may be present at grievance committee.meetings.
Meetings shall be no longer than two (2) hours in length unless
extended my mutual agreement and shallbescheduled to alternate between
the working hours of the stewards.
The function of the Grievance Committee, shall be to meet and confer
monthly with the City during the life of the contract for the purpose of
adjusting pending grievances and to -discuss procedures -for avoiding,
future grievances (including safety: matters) provided that:
1. No topics will come before the Grievance which are,proper
subjects for negotiations (e.g., new demands, charged.
circumstances, requests for new language,,etc.);'and
2. Every agenda item will be: investigated before the meeting
with the appropriate Department Director or designee.
(Public Works -- Division Heads).
ARTICLE XXI
PAY PLAN
Section 1. Classification Plan.
pay ranges for bargaining unit employees
(see Appendix A.)
The classification plan and
are attached to this Agreement.
Section 2. Merit Plan. The pay plan is,based;on performance
evaluations and merit feZ°iity will justify the.denial of merit
increases following the employee's eligibility date. An employee who
does not receive a merit increase on his/her eligibility date may file a
Step 3 grievance.
Section 3. Every permanent employee will receive an increase
of $70.00 per month. Those employeed at the time of ratification by the
Council will receive the increase retroactive to,July'l 1976.
An adjustment to the salary of each permanent employee will be made
on July 1, 1977 and every three months thereafter until,April 1, 1978.
To determine the base salary for adjustment (for each-indicidual),.add
$70.00 to the individual's salary as of;June 309 1976—The adjustment
is based on the "Consumer Price Index for Urban Wage Earners,.and Clerical
Workers - United States - all Items (1967=100), publiched by the:Bureau
of Labor Statistics, United..States Department of Labor.
The Huly 1, 1977 adjustment is the percent, -,of the monthly
indexes for March, April, and May;of,1977. The percentage ,of change, is
multiplied by the average base salary for both bargaining units.
The pay adjustment will not exceed 2.25% in any one quarter or 9%
during the fiscal year. In the event the Index decreases, salaries will
decrease in accordance with the same formula.
0
contSectiain 4, P1
will c Pa an,. Each
review and in six (b) steps A -F range of the
Steps B-E are eligiblEmpnloe IncrFase to Step ;13 EVlsyees at St p glaTsification plan
months
not eligible for s IS on or review and anlinerease to �loyees o e eligible for
This sectionstenot 0p incre s. those who
,are outsidee next step
Prior to Council ratificatioperate.to adversely of the range are
n'of the Agreement effect any employee _hired
ARTICLE XXII
,rrv� Alm {VAIv�
of All negotiations or bar
h tUn, ions gaining with
the and the shall be conducted by authori
respect to ized the to
rms Of the Parties.ffective only hennsi re c ed as a res ePresentatiyes conditions
sallb
This Agreementgeed by: the authori ed rof euch negotiations
Aractices bet-wtheuPercedes and cancels
presentatives
gfieement between PlOyer and the U all previous
to its duration, the Parties nion and :constitugr ements'and
the States o f t whi parties
to th s Agree entoncludes waivecollective bdzeach ga ne
entire
of Iowa Y would otherwise be intitled and
Umd� right wf
ARTICLE XXIII
GDJEP4" CONDITIONS
Section I. Iotya• This agreement
Section 2, shall be construed ander the laws of
the r r The
Of this
of Public danger exi os iprovision, she detenniAnesetmehat May be suspended b
Section 3, time of emergency
Y
times with the U The Cit
by law and to provide°to aU°rY items agrees to totthconfer at reasonable
and Regulations and fullest
bles and theee fo Y amendments s ado of the City Pers t required
Y the Gr' anee Co revisions in Pted by Co nnel Rules
or other iev rules uncil.
items �ttee but and regulations Comments on
Wit h this co will be conducted onn negotiations on mandmaay be discus
mplete Agreement Y by authors sed
Section 4,
discriminate because The Cite' and the
affiliation unless Chef race, creed,
ise allowed by laweason for t}e
zed teams inLems
compliance
Union agree they will not act to
color, ages nationality, or political
discrimination is fob -related i
• 0
ARTICLE XXIV
DURATION OF AGREaM
This Agreement shall be in effect between ,July 1, 1976, and .June
30, 1978, and shrill continue from year to year thereafter unless wirtten
notice to chiinge or modify it is scrved-by either:party. prior to August
15 of the year preceding the expiration date of this Agreement or ,any
extension thereof. Only those articles named in the written notice or
subsequent written notices will be subject to negotiations.
ARTICLE XXV
SAVINGS CLAUSE
Should any Article, Section, or any portion thereof of this Agreement
be held unlawful and unenforceable by:operation of law.or;by any tribunal
of competent jurisdiction, such decision 'shall apply only to the specific
Article, Section or portion thereof declared null and void: in, the decision
and the remainder of this Agreement shall remain .in full force and effect.
:a result of their Agreement with each
Neither party shall be required as
other to conduct themselves in a manner:which would cause -them; to neglect
their duties under law or to engage in activities in:violation of, the -law.
If replacement provisions are deemed necessary by the Union or ,
Management they shall be negotiated immediately.
11
RESOLUTION N0. 76-287
RESOLUTION AUTHORIZING MAYOR TO EXECUTE ACTUAL
USE REPORT FOR GENERAL REVENUE SHARING FOR THE
SIXTH ENPITLEIEYT PERIOD - JULY 1, 1975 THROUGH
JUNE 30, 1976.
b"ERW' , the City of Iowa City, Iowa has negotiated a report
for the 6th period for Revenue Sharing, a copy of said report
being attached to this Resolution and by this reference made
Part hereof, and
1%]EREAS, the City Council deems it in the public interest
to authorize execution of said report.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor is hereby authorized and directed to
execute the report with Department of Treasury, Office
of Revenue Sharing.
2. That the City Clerk shall furnish copies of said report
to any citizen requesting same.
It was moved by Balmer and seconded by Vevera
that the Resolution be a opted, anupon roll call there were:
9
AIMS: NAYS: ABSENT:
X Balmer
X deProsse
X Poster
X Neuhauser
X Perret
x Selzer
X Vevera
Passed and approved this 24th day of August
1976.
MAYOR—
4cr--4—
LERK G�_ •
1362
GENERAL
VENO. S IN C yy�
C qAL R IUF SHA—"Nu ✓HJVIDES FEDERAL FUNDS DIRE
CTL7 TO LOCAL AND STATE GOVERNh1ENTS. YOUR GOVERN
THIS REPORT ADVISING YOU
YOU HOWOUR THESE FUNDS HAVE BEEN USED OR OBLIGATED DURING THE YEAR FROM JULY 1. 1975.
THIS UL TO -ORM YOU E: ANY
G GOVERNAIEN r'S PRIORITIES AND TO ENCOURAGE YOUR PARTICIPATION IN DECISIONS ON
SHOULD DE --ENT. NOTE: ANY COMPLAINTS OF DISCRIMINATION IN THE USE OF THESE FUNDS MAY BE SENT TO THE
SHARING. VIASHINCTON. D.C. 20225.
UST PUBLISH
JNE 30, 1976.
ITURE FUNDS
OF REVENUE
(A) CATEGO:IIES
(D) CAPITAL
IC) OPERATING/
THE GOVERNMENT
OF IOWA CITY
hit Il' N`(iNQ`
T PUSLIC SA.^. -Tv
$
S
has I-_'cei.ed General Revenue Sharing
2 r::vtn0'..•.LE•,ral
payments totalis 5S2
9
2
596 r32�
--
P
PRO rEci:O ._
$
1 22 790
$ S1 442
during the period :rom July t, 1975 Will June 9U.
1976
a riz .SPonraTlorl
S
111972
$ 253 833
y/ ACCOUNT NO. 16 2 052 003
r._ALTH
$
IOWA CITY
S
CITY MANAGER,
s RrcneAno':
S
169 359
—
S 121 190
CIVIC CENTER,
IOWA CITY IOWA
52290
e LIBRARIES$
22297
S s nss
7 SOCIALSFOROtt
PES
FOR ACEo D:. Poon
$
S 62 259
L FINANCIAL
ADVINMTRATlon
$
5 3,829
9 MULIMUAPOie AIIO
GENERAL GO'/T,`�
:: •„•p�t.�; .•,
to EUUCARo':
$
'i
s/ (D) TRUST FUND REPORT (refer to Instruction
I rocrAL
O)
I. Balance as of June 00. 1975
$ 599.365
:;;x.>••: ,��
$
�_..a :'.
2. Revenue Sharing Funtls
Received from July T, 19751hru June 00, 1976
548
$ r 323
12 IID%iYD 5
.. - �.+
htDS1rY G=%ELOI'SIE11TF.,���
- EI-Ok
�y,��
7. Interest Rece.vea
or Credited (July 1, 1975 thru June J0. 1976)
$ 25 354
1; Ecronov-e
DEVELOPMENT
$
ir.`_4. `.;1f}N,,.,
":. �\
_.;p:.�;;_$.
d. Funds Released from Obligations (IF ANY)
5. Sum of tines 1, 2, J, 4
S -t
$— 1,11H 043
I_ OTHER (Spec•YI
.....�.....,..
S A.::.`�� 'y.xzs-.'.'4414
6. Funds Returned to ORS (IF ANY)
$
15 TOTALS
S
353 /118
4
S 183,048
7. Total Funds Available
S 1 ,118 043
NONDISCRIMINATION
R
(E) CETIRCATi WI: I certify
REQUIREMENTS HAVE
that 1 am the Chief
BEEN MET
Executive Omcer
e. Total Amount Expended
h respect to:,- entitlement
e..,,...,,.r--....__ _
funds re dried hereon,
_._ _ P
and.
I ce nits tsar m..,.
(Sum of line 15, Column B and column C )
S - - 835,466
vu, ngvt esttry ADVISED THAT A COMBLETE COPY OF THIS
REPORT HAS BEEN PUBLISHIED IN A LOCAL NEWSPAPER OF GENERAL CIRCU•
LATION. I HAVE A COPY OF THIS REPORT AND RECORDS DOCUMENTING THE
CONTENTS. THEY ARE OPENFOR PUBLIC SCRUTINY AT Fi
nance
lent r;,,; -r.._..__ Air,. _ _
IMPORTANT- THE UPPER HAGE MUST BE PU
ALF OF TIIIS PACE (SEE INSTRUCTION H)
It is not required that the lower half of this form be published.
V_
(G) TAXES AND DEBT (refer to instruction G)
Has the availability of Revenue Sharing funds enabled your govern•• 1H) PUBLICATION (refer to instruction H)
moot to- t
(Check as many as apply.) {t
The upper part of the report was Published in the follow-
Preventrew taxes ❑ ins newspaper on the staled data at a cost of
]( Maintain current tax levels • /
s Name pt Nawipaper TO� {J �f�ltY pT'(`$S -rl j'T 7E`n
Reduce taxes Q Prevent new debts r
Date PublishM:—�&f06fS7 .19 11-71
Ia Pl^- ent incren:etl taxes n Reduce old debts
(1) Person coapl Ping this report (Please print)
r of
Title
DO NOT WRITE IN THIS SPACE
FOR REVENUE SHARING USE ONLN-
J53
co X19 35,1-1800, Ext- 221 li 2 ° I I
(Area code) hdrphone Humber)
Tfi;- ,SPORT music EHE RECEIVED Bt --FORE SEPic'PABER 1, 1976 BY: OFFICE OF REVENUE SHARING
2401 E STREET, N.W. - -
LVASHINGTON. D.C. 20226
- -; nnnnnoLx�
i
Cuu�
POR
GOVERNMENTS, TW591 GOVERNMENT MUST PUBLISH
THE YEAR FROM JULY 1. 1975. THRU JUNE 30. 1976.
ANTICIPATION IN DECISIONS ON HOW FUTURE FUNDS
FUNDS MAY 0E SENT TO THE OFFICE OF REVENUE
IOWA CITY
enue Sharing
nts totaling S 548,323
July t. 1975 thru June 30,197G
NT NO. 16 2 052 003
A CITY
Y MANAGER,
IC CENTER.
A CITY IOWA 52240
PORT Ireler to Instruction D)
30.1975 S 544 ,366
ands 548,323
. 1975 thru June 30. 1976 S
975 thru June 30.1976) s 25,354
ram Obligations (IF ANY) S
3.4 s 1,118,043
ORS (IF ANY) $
ble s 1,118,043
ended
mn B and column C) $ 835.466
e 30. 197E s__Z_8_2y5%%
AVE BEEN ADVISED THAT A COMPLETE COPY OF THIS
LISHED IN A LOCAL NEWSPAPER OF GENERAL CIRCU-
OF THIS REPORT AND RECORDS DOCUMENTING THE
OPEN FOR PUBLIC SCRUTINY AT Finance
enter, 410 E. WashinjZton
UBLISHED (SEE INSTRUCTION H)
fished.
r to instruction H)
'oport was published in the follow.
Itated date at a cost of 0 S
r - Iotia City Pry -CU-; yen
NOT 'WRITE IN THIS SPACE
REVENUE SHARING USE ONLY '
(11 Person completing this report (Please print)
1 2
3 4 5 6 7
0 9 10 11 12 13 14 15 16 17 IS i
2 1
Patrick Strabala Director of Finan"
2 2
r:arre Title
2 3
7
(319) 354-1800, Ext. 221 [
2 a
S
`!
1
(Area code) Telephone Number)
TH73 REPORT MUST DE RECEIVED BEFORE SEPTEMBER 1, 1976 BY: OFFICE OF REVENUE SHARING
2401 E STREET, N.W.
WASHINGTON, D.C. 20226
353
000009269:
• RESOLUTION NO. 76-288 0
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LETTER
AMENDATORY FOR THE CANCELLATION OF ANNUAL CONTRIBUTIONS
CONTRACT NUMBER KC 9018, PROJECT NUMBER IA 22-2.
WHEREAS, the City of Iowa City, Iowa, on May 20, 1975, passed Resolution
No. 75-135 which authorized the Mayor to enter into an Annual Contributions
Contract with the United States of America, Department of Housing and Urban
Development, and
WHEREAS, the Department of Housing and Urban Development has found the
Section 23 Housing Assistance Payments Program Project as proposed pursuant to
the Annual Contributions Contract by Old Capitol Associates to be financially
infeasible, and
WHEREAS, the Department of Housing and Urban Development has recommended
by letter cancellation of said Annual Contributions Contract and that funds
expended have been ratified and confirmed.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor be authorized to sign and the City Clerk to certify a
letter to the Department of Housing and Urban Development cancelling the Annual
Contributions Contract Number KC 9018, Project Number IA 22-2.
It was moved by rjpp,. and seconded by Vevera
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Foster
x Neuhauser
x Perret
x Selzer
X Vevera
Passed and approved this 24th day of August 1976.
Mayor
ATTEST: L
City Clerk
RF.GIO.N %,if
F.•Ior.I Office Buila... 4
oIf Nwlnut S:re.t
F:Nns:•. Ciq�, ?I is aomi e.ti0a
AFPEI' .p AVO 2
DEPARTIOT OF HOUSING AND URBAN DEV O HENT
FEDERAL HOUSING ADMINISTRATION
DES MOINES INSURING OFFICE
FEDERAL BUILDING, 710 WALNUT STREET
DES MOINES, IOWA 50309
Honorable Mary Neuhalser
Mayor of Iowa City
Iowa City, Iowa 52240
Dear Mayor Neuhalser:
August 24, 1976
Subject: Letter Amendatory Annual Contributions Contract
Contract No. KC -9018
Project No. IA -22-2
Iowa City, Iowa
5 1976
rLF
1H REnLY REFER To:
7.4G
(Alphson
515-284-4599)
We have just noted that in our July 29, 1976 Letter Amendatory
cancelling the funding of the Annual Contributions Contract for
IA -22-2 there is a reference to Contract Pio. KC -9010 when in fact,
the reference should have been to KC -9018. Please.attach a copy
of 'this memorandum to that agreement and we will do likewise in
=our files. r
Thank you
n A. Alphson
cooperation.
n
u
July 29, 1976
Honorable Mary Neuhalser
5ayor of Iowa City
Iowa City, Iowa 52240
Dear '.tilyor Neuhalser;
40
7.4r,
(Alphson
515-284-4599)
Subject: Tettar Amendatory for Cancellation of Annual Contributions
Contract Number KC -9010
Project Humber IA. 22-2
Iowa City, lova
Please be advised that the Section 23 Housing Assistance Payments Program
Project as proposed pursuant to the Annual Contributions Contract of May 30,
1975 by Old Capital Associates has been found to be financially infeasible,
and we must, therefore, cause to be cancelled and recinded the Annual Con-
tributions Contract between the Department of Housing.and Urban Devslopwent
and your City with a recapture of the funds pursuant tbereto. We wish to
state that the Annual Contributions of $206,328.00 as recited in the Annual
Contributions Contract OKC-9010 will bo recaptured to the Department of
l'.ousing and Urban Development except that all funds and acts to the date hereof
acco,aplished by your City as approved -by our Department are hereby ratified and
confirmed at no expense to your City.
;or purposes of cancellation of the l:miial Contributions Contract VKC-9010
dated 'ay 30, 1975 between the Cov+mrnment and your City we ask that you join
herein and mutually consent to the cancellation and recission of ,said contract
by signing where indicated belo:r and supportinq this letter Amendatory Agree-
ment by appropriate resolution of your Corsrning Body.
Please concur and consent to this agreement by signing in triplicate,
retaining one copy to be attached to your copy of the Annual Contributions
Contract and return tao executed copies to the Des Moines Insuring office.
Sincerely,
or
Uira
Uirsfor
Mayor n
ATirST: ( i ./ / T L' City of po+a City
City Clerk Iowa City, Iowa•
cc: Central
T.er:,l. Chrnnn 7"4C•Alnhann : f.h, 7 -7n -7f.
RESOLUTION NO. 76-289
RESOLUTION ACCEPTING PAVING
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,
approximately 3,075 square yards of 7" PCC including curb and
gutter in Washington Park, Part 9. (Columbia Drive)
AND WHEREAS, Maintenance Bonds for
file in the City Clerk's Office,
Metro Pavers, Inc. are on
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be accepted by the City of Iowa City.
It was moved by
Foster
and seconded by
Balmer
that the Resolution as
read be accepted,
and upon roll call
there wn..re:
AYES: NAYS: ABSENT-
BALMER
x
dePROSSE
x
FOSTER
x
NM1AUSER
x
PEP=
x
SEDER
x
VEVERA
x
Passed and approved this 24th
day of August , 19 76 .
IAn) a rj
C. �)oji)A,A a
—
/ Mayor
ATTEST: L
City Clerk
13�>y
ENGINEER'S REPORT
August 18, 1976
To the Honorable Mayor and City Council
Iowa City
Iowa
Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of
Iowa City. The required maintenance bond is on file in the
City Clerk's Office.
Concrete paving on Columbia Drive for Washington Park
Addition, Part 9, as constructed by Metro Pavers, Inc.
of Iowa City, Iowa.
I hereby recommend that the abovementioned improvements be
accepted by the City of Iowa City.
Wnespefully submitted,
A. Dietz, P.E.
City Engineer
EAD:bz
Clerkseap r
�y IL1C IAIPROVESIENT ?.1AINTENISCE BOND
/ FOn'iny b%M.%rENA.VCE OF 4152,215
gtnnfa E 11 r,.icn P U Zrse 31resenfs:
That Metro Pavers, Inc. of Iowa City, Iowa
as Principal, and the State Surety Company
of
Des
Moines,
Iowa
as Surety, are held
and firmly bound
unto the
City
of Iowa City, Iowa
in the penal sum of
--TWENTY-EIGHT THOUSAND NINETY AND 77/100------------------($ 28,090.77-----) DOLLAP.S,
lawful money of the. United States of America, for the payment of which, well and truly to be made,
the Principal, and Surety bind themselves, their and each of their heirs, executors, administrators,
successors.and assigns, jointly and severally, firmly by these presents.
Signed and delivered this 9th day of August A.D. 19 76
Whereas, the said Principal entered into a certain contract, dated the 15th . day of
July .1976 , with the Druce Glasgow , to furnish all the material
and labor necessary for the construction of
approximately 3,075 square yards of 7" PCC including curb and gutter
in Washington Park, Part 9
ti
in the Ci ty of Iowa City , in conformity with certain specifications; and
Whereas, a further condition of said contract is that the said Principal should furnish a bond
of indemnity, guaranteeing to remedy any defects in worlanarship or materials that may develop
in said work «ithin a period of five (5)
under said contract; and
years from the data of acceptance of the work
Whereas, the said State Surety Company
of Des Moines, Iowa for a valuable consideration, has agreed to join with said
Principal in such bond or guarantee, indemnifying aaid City of Iola City, Iowa as aforesaid;
Now, Therefore, the Condition of This Obligation is Such, that if the said Principal does and
shall, at his oA9n cost and expense, remedy any and all defects that may develop in said work,
-within the period of f- . (5) years from the date of •acceptance of the work under said . con-
tract, by reason of ba woe manship or poor material used in the construction of said work, and
shall keep all Fork in continuous good repair during said period, and shall in all other respects;
comply with all the terms and' conditions of said contract with respect to maintenance and repair
of said work, then this obligation to it null and void; otherxise to be and remain in full force and
virtue in law.
11ET1tR ��Y�RS , _ S�--/---- Principal
Approved ---------=----------------• 19---- C_B rt1Cy�-ft-,L E s = --
Ey--------------------------------------- DT ------------ Surety
City Solicitor.
By- --orne--- y -in -Fact --------------
Att
=2o -t2
s
136
cificall named therein, and
those named therein to the bonds and and nn astatell. y
This Power of Attorney limits the ny except in the mnnncr and to the
aextent
they have no authority to bind the POWER OF ATTORNEY
STATE SURETY MNII'ANY
Des Moines, lows
KNOW ALL ',MEN BY THESE PRESENT M
a Corporation organized and existing under the 6iws of the State of Iowa, by I T.on_-s;�
That State Surely company,
Vice President _-- in pursuance of nuthariq' givatcd by Section 1. Article II Of its By-
laws to wit:
TLLIe any V!ce•President or any Assistant Vice -President, the Secretary or any AssistantThe
-,The Chairman Of the Board, the President,
The
Vice -President• or any Assistant Vice -President• in conjunction with the Secretary
Secretary or the Treasurer shall have authority lO issue bonds, policies or undertakings in the name of the company.
Chairman of the Board, the President or any such
or any Assistant Secretory may appoint nttorncys-in•fact or agents with authority as defined or limned in the instrument evi-
and suretyship litigation, f all kinds; and said Officers cony remove any
dr any the appointment in enrh case. for noel on behat( of the Cnmpnny tO execute noel deliver noel to affix the seal of the
Company, to bonds. undertakings, recoRniz 0 t"
attorneynn•fact or agent and revoke any power of utuu'ney gnunw{ to wch person.
does hereby nominate• constitute and appoint
or C. B. Condon or G. A. La riason of DesClfoinesrlowa Jr or James F. Norris or James
E. Thomp
its true and lawful agent and Attorney in Fact• to make. Ix,,,n,•. seal and deliver, for, and on its behalf as Surety. and as
it, act anti dt•.•d.
Any and all bonds or undertakings
shall be as binding upon said Company, as
to all intents and purposes, as if =uch bond had been duly executed and acknowledged by one of the
And the execution of such bonds or undertakings in purswmce n[ these presents,
fully and amply. in their Own plotter person.
regularly elected officers of the Company
This Power of Attorney or any certificate thereof mayt+° "v°ed °°'! s"pled b}' facsimile under and by the tntthnnly granted
by Section 1. Article II. Paragraph :1 of its BY- be affixed by facsimile to a norpower
of attorney
--The signature of any authorized officer and the seal a the Cortipnny may
or certification thereof authorizing the execution and delivery of any bond, undertaking, 6
obligation of the Company: and such signature and sent when so used shall have the same force and effect as though manually
affixed."
It is certified by the officers signing that the foregoing is n true copy of Section I, Article II of the BY -Laws Of mid Company,
duly adopted and recorded• and is now in force.
IN WITNESS WHEREOF, we have hereunto subscribed our 19 72 and affixed the corporate seal of the said State Surety
Company this_ 41IL—Any of J armo(—_-- --- - /
STATE SURETY COMPANY /
Vice Pr 'ant
-'—_'--` SecrFtary
Assistant
Iowa __
State of Polk as.
County oL---- * tone personally appeared appeared l
On January 4 1972 before me, a notary public in noel for said County, p of State Surety
Vice President —
personally known who being by me duly sworn, did say that hen _ virtue of the laws of the State B Iowa;
Company, of Des Moines, Iowa, created, organized and existing under and by
b authority of its Boatel of
of
that the of
instrument was signed and sealed on acknowbehalledged tthe execution te Surety Company
psaid instrument to be the voluntary
Directors and the said 11--.I.�'OnK—
en b it voluntarily executed. ictal seal at�-11 i es Iowa
act and deed of State Surety Company Y name end affixed m ` G ,/
IN the day andsyei+r WHEREOF.
above lhave written hereunto kubscribed by I\�, (y-�1• u—
r L• 1972_ ina.t i Notary Public
'My commission expiresy moi--•—
CERTIFICATE
Charles L. sistan Hollingsworth does hereby certify that the above and
Assistant Secretor}• of State Sure9y�idCS ate S Surety Company, which is still in force and
The undersigned. .--- °� a power of Attorney executed by
foregoing is a true and correct copy this
effect. name and affixed the corporate seal of the said Company,
In Testimony Whereof, I have hereunto subscribed my DC / c
utnls� t —
G
9th day ofAAYn V� N r O�� wruriGt
" -�h Secretaf�
�a Assistant
r-'
2588 (Rev. 1/70)
1'
RESOLUTION NO. 76760
RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE
WEST PARK LIFT STATmN
WHEREAS,
named Pr
above -
NOW, THEREFOR BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
I.
That the contract for the
awarded construction of the above-named project is hereby
to Jim Schroeder Construction
Bellevue Ion. or" 44.750.00 Inc.
awardea secure adequate
and in -' `' gyne condition
surance certificates.
It was moved by
that the Resolution as read be ado ted and seconded by
P , and upon roll call there were--
AYES:
ere
AYES: NAYS: ABSENT.•
x
BALMER
X
dePROSSE
x
FOSTER
x
NEUHAUSER
x FERRET
x
SELZER
x
VEVERA
Passed and approved this 24th
day of August
19 76
MAYOR
7 / L
ATTEST: `'��(-t_
CITY CLE
t 365
l/-
0
'inTI(:E TO 1TDDF.R5
Fnn
9M MOK LIFT SWIM
iOIIA CITY, IMIA•
r�v�'JIGNaau
Sealed proposals ':ill he received by th': City 'tanager or his authorized
rent-:sentative of the City of Ioo-,a City, iowa, until 10:00 A.H. nn the 17th
da; of August 1976, and onened immediately therca ter. Pronosels —iII
he acted unon by the City Council at a meeting to he held in the
n he Council Chamt,er�
at 7:30 P.H. on August 24 , 1976, or at such later time and place as nnv
thefixed.
The proposed innrovements ',ill consist of the construction of a sanitary set -'ane
lift station consisting of a factory fahricatad numning station, a field constructed
wet t•rell, associated annurtenances, demolition and abandonment of an existing lift
station, and miscellaneous associated r:ork..
All work is to he done in strict cortnliance t•.ith plans and specification: nrenared
by 'VIS Consultants, Inc., of Io'ra Cit;o, Irnra, which have been approved by t*;e Pity
Council and are now on file for Public examination in the office of the City Clerk
at•the Civic Center in Io'oa City, In;•,a.
All nronosals and bids in connection therer:ith shall he Surmitted to the Clerk of
said City on or before the time herein set for hid opening. All nr000sdls shall .he
-- -- made on official bidding blanks furnished by the owner and aw, alteration in the
Official form of nronosal shall entitle the Council, at its ontion, to reject the
proposal involved from consideration. Each nronosal shall he sealed and plainly
identified.
Each nronosal shall he made on a form furnished bit the City and must he accompanied
by a cashiers or certified check drawnpn anlovra Bank and filed in a sealed envelope
separate from the one containing the proposal, and in the amount of, $3,000.00
made payable to the City Treasurer of the City of Inwa City, Iowa, and may he cashed
by the Treasurer of the City of [ot:'a Pity, Irn•:a, as liquidated damages in the event
the successful bidder fails to enter into a contract within ten (10) days and post
bond satisfactory to the City insurinn, the faithful nerformance of the contract.
checks of the loi,est two or more bidders may he retained for a neriod of not to
exceed fifteen (15) days until a contract is a,•'arded or rejection made. nther
checks will he returned after the canvass and tabulation of 'lids is cmmnleted and
reported to the City Council.
Payment to the Contractor '-rill he made in cash from such funds of the City that
may he legally used for such purnoses. Pa'ment will be based unon duly certified
and apnroved estimates of work performed during the nreceedinn calendar month for
work Perfo med under the contract. Monthly estimates equivalent to ninety percent
00`) of the contract value of the work cornleted during the nreceedinq calendar
month t•111 he nrenared by the Contractor and certified by the Engineer to the
n+•mer for payment on or before the tenth (10th) day of the month in nuestion.
The Contractor will he nail interest on unnaid sums due in iccnrdance a:itir tl•e
co.rtract documents at the rate of seven nercent (7") nor annum.
In nn event, ho!•!.•c+er, •
will navment to the Contractor exceeld ninety ner cent (np".)
Of the total contract "rice nrior to thirty (39) clays from tile. date of final accent-
ance of the work by the Owner, subject to the conditions of and in accordance with
the provisions of Chanter 573 of the.
Shall in no r•rav be Code of Iowa, lata -,t edition. Monthly naynents
rued as an "(-.t.t of acceptance for any part of the. work nartially
nr totally comoleted.
const
Ry virtue of statutory authority; Preference mill he given to nroducts and r
visions grrn+n and coal produced ,!jthin the State of irnrr, and nrefinence rill he
niven to Iowa domestic labor in the cnnstrur_tion of the imand orefe
The successful bidder liill he required to furnish a bond in an amount enual to
ane hundred Percent (inn:) of the contract "rice, said pond to he issuer! by a
resnonsible surety annroved by the City Council and shall guarantee the faithful
nerrormance of the contract and the terias and conditions therein contain -!d end shall
uuarantee the nror..pt navnent of all macerials and lahor and shall also rarartae
the maintenance of the imnrovement for a nerinrl of tarn (2) years fros and after its
comnietion and accentance by the City.
The ;•rorh.under the nronosed contract will he coru:enced !•!ithin!`
after signing of the contract -and shall he comnleted by 30 nays
iia 1 1977 _
The plans and •specifications governinn the construction of the nronosed innrovern,i
have been prepared by INS Consultants, Inc., of Inwa City, Towa, which nlans and
pts
snecifieations, also nrior oroceedinns of the City Council referring to and defining
said nronosed improvements are hereby made_ a hart of this notice by reference and
the nronosed contract shall he executed in compliance therea'
lth.
The plans, specifications and nronosed contract may he. examined at the office of
the City Clerk. Conies of the said Plans and snecifications and form of oronosal
blanks may he secured at the nffice of the City Engineer of lot -'
t" fide bidders unon Payment of g a City, lot -!a, h•+
fifteen dollars (S 15.00 ) !•!hich
to
he returnable to the bidders provided the pians and speci ications are returned
to the Office of the City Engineer in good condition within fifteen (15) days after
the opening of the bids. Suppliers returning the plans and specificatinns in ond
condition within fifteen (15) days after the opening of the g
bids shall l also receive
full refunds.
The City reserves the right to reject an,/ or all pronosals and to waive techni-
calities and irregularities.
Published anon order of the City Council of Iowa City, Iot•;a
Ahbie Stolfus
Citv Clerk of Iowra City, Iowa
i
RESOLUTION N0. 7G-291
RESOLUTION ESTABLISHING TRAFFIC CONTROL SIGNS AT
CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY. IOWA
WHEREAS, the Ordinances of the City of Iowa City, Iowa,
provide that the City Council may establish traffic control
Signs at designated intersections in Iowa City, Iowa, by
Resolution, after determination that it is in the public
interest to establish said traffic control signs, and,
WHEREAS, the City Council of Iowa City Iowa, has deter-
mined that it is in the public interest to establish the . '
following traffic control signs at the following intersections:
1) Yield Signs at Davenport and Lucas to Provide
right-of-way for vehicles on Lucas.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, as follows:
A) the following signs are hereby established at the follow-
ing intersections:
1) Yield Signs at Davenport and Lucas to provide
right-of-way for vehicles on Lucas.
B) that the City Manager is hereby authorized and directed
to have appropriate signs installed to effectuate the
provisions -of this Resolution.
It was moved by deProsse and seconded by Selzer
at
the Resolution as rea e a opted and upon rol ca eF re t were:
AYES: NAYS: ABSENT:
x
x Balmer
x deProsse
x Foster
— — Neuhauser
x Perret
x Selzer
x Vevera
Passel and approved this 24th day of August
197 6
A A A/ l �VU'11Y�/1i�nni
J � Magor
ATTEST: 76
��Le
City Clerk
3 (e-7 (_1
RESOLUTION NO. 76-292
RESOLUTION ESTABLISHING TRAFFIC CONTROL SIGNS AT
CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY, I014A
WHEREAS, the Ordinances of the City of Iowa City, Iowa,
provide that the City Council may establish traffic control
signs at designated intersections in Iowa City, Iowa, by
Resolution, after determination that it is in the public
interest to establish said traffic control signs, and,
WHEREAS, the City Council of Iowa City Iowa, has deter-
mined that it is in the public interest to establish the
following traffic control signs at the following intersections:
1) Yield signs at Gilbert and Ronalds so as to provide
right-of-way for vehicles on Gilbert.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, as follows:
A) the following signs are hereby established at the follow-
ing intersections:
1) Yield Signs at Gilbert and Ronalds so -as -to -
provide right-of-way for vehicles on Gilbert.
B) that the City Manager is hereby authorized and directed
to have appropriate signs installed to effectuate the
Provisions -of this Resolution.
I
It was moved by Balmer and seconded by deProsse that
the Resolution as rea e a opted and upon rol cal t ere were:
AYES: NAYS: ABSENT:
x
Balmer
deProsse
Foster
Neuhauser
Perret
Selzer
Vevera
Passed and approved this -4th day of August , 1976.
ATTEST
City Clerk
Mayor 61
1
SOLUTION NO. 76-293
RESOLUTION AUTHORIZING EXECUTION OF PERMANENT
SIDEWALK EASEMENT ��� THE 10,,,,, CITY
CaKMWITY SCHOOL DISTRICT
with rWFiAS' the City of Iowa City, Iowa, has negotiated an easement
being attached tCoamiuni School District
and, this Resolution and b a of
said.—_---aseasement Y this reference made a p eref
WHEREAS' the City Council deems it in the Pylic .in
into said easement for a sidewalk in the terest to enter
easement
for the Helen L429M Elermn Oakwo Y s, Part 6 subdivision,
. Said sidewalk ea
Permanent. Schoolcement is to be
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1- That the Mayor and City Clerk are
to eeccute the easement
with the hereby authorized and directed
I
owa Ci Ca'Eunjt School District
District .
an2. That the City Clerk shall
Y citizen requesting same. furnish copies of said easement
it was
Resolution be added by Vevera and
Pted, and upon rollcall tseeconre ed by deProsse the
AYES
NAYS: ABSENT:
,
x
x
BALMER
x
dePROSSE
x
ITER
NEUHAUSER
x
x
---
PERRET
x
SELZER
VEVERA
Passed and approved this
24th day of August
1976,
ATTEST:4CiCLIerk-d&
Nlay°Y
-Z r,.4
•
PERMANENT EASEMENT
This agreer,.ent, rade and entered into by and between the City of Iowa City,
first party, which expression shall include its agents or assigns, and the
Iowa City Cor -:unity School District, second party, which expression shall
include their agents or assigns, witnesseth:
It is hereby agreed as follows:
For the su-m of $1.00 plus other valuable consideration, the receipt
of which is hereby acknowledged, first party hereby grants and conveys
to second party an easement for the purposes of construction a fence
and maintaining a sidewalk over the following described real estate,
LO wit:
The ten foot walkway lying immediately adjacent to and south
of lot 280 of Oakoods Part 6A addition to the City of Iowa
City, in the SE quarter of Section 12, T79N, R61.1 of the 5th
principal meridian, Johnson County, Iowa.
The second party shall maintain in good repair the fence and sidewalk
for the express purpose of providing pedestrian access between Helen Lemme
School and Amhurst Street. Such maintenance and repairs shall include
structural raintenance to the sidewalk and fence as necessary. First
party reserves the right to use said strips for purposes which will not
interfere with second party's full enjoyment of the rights hereby granted.
Further, first party reserves the.right to review plans and specifications
for the proposed construction, and to require that all said construction
conform to ordinances and regulations as established in the City of Iowa
City, Iowa.
First party does hereby convenant with second party that they are lawfully
seized and possessed of the real estate above described; that they have a
good and lawful right to convey it, or any part thereof.
It being understood that the Iowa City Community School District, by accepting
this grant of easement; right of entry and encroachment, agrees. -to replace
and repair any damage to said real estate caused by said construction and to
resod or reseed said real estate after fine grading said real estate and that
in ttie event any damage is caused to said real estate by the negligence of
the Iowa City C=.—,unity School District or its employees, that said damage
will be repaired or compensated.
The provisions hereof shall inure to the benefit of and bind the;successors
and assigns of the respective parties hereto, and all covenants shall apply
to and run with the land.
Dated this day of A.D. 1976.
For the City: 1A ) Ar u r AA Q 11J 1U LP— 0n
Mayor
For the Iowa City Community
School District
i
1ZX�e
City Clerk
�,,�7 '{_{
0 0
AGREEMENTS/CONTRACTS
Attached are Ll unexecuted copies of
rd-
as signed by the Mayor.
After their execution by the second party, please route
1) �.! . Q, C. J
z) It C7 c^ �JE reco(cla��
3) C',fi�r� lE ,KK
4)
5)
ICiL ti is to be responsible for
completion of this procedure.
Abbie Stolfus
City Clerk
RESOLUTION M. 76-294
RESOLUTION ACCEPT= PAVING AND STojzNf SEI%M
1MPROIFLNIENTS
e, %
�WHEREAS, the Engineering Departnent has certified that the following
rove+mntshave completed -in accordance with plans and specifications
of the Ci of Iowa
City,
concrete paving and storm inlets for Bel Air Addition, Part 6,
as constructed by Metro Pavers, Inc, of Iowa City, Iowa; storm
serer for Bel Air Addition, Part 6, as constructed by Knowling
Brothers Contracting Company of Coralville, Iola.
file � w��, Ms for Maintenance BondMetro Pavers E KnowlinQ Bros are on
the City Clerk's Office,
NOW TFEMIEFORE BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be accepted by the City of Iowa City.
It was moved by Balmer and seconded
that the Resolution as read be accepted, Vevera
P ,and upon roll call there uere:
Passed and approved this 24th day of August
19 76_
/ Mayor
a^i^rsT: LG/ -Z- c
City Clerk J
369
AYES: NAYS: ABS'EZ T:
RAMER
x
dePROSSE
x
FOSTER
x
NUA] \USER
x
PERRET
x
SELZER
x
VL•'VLTRA
x
Passed and approved this 24th day of August
19 76_
/ Mayor
a^i^rsT: LG/ -Z- c
City Clerk J
369
ENGINEER'S REPORT
August 18, 1976
To the Honorable Mayor and City Council
Iowa City
Iowa
Honorable Mayor and Councilpersons:
tify that
below havebbeenrcompleted inesubstantialoac�ordance with the Tans
and specifications of the Engineering Divisiontof thehe rCityeofpIowated
City . The required maintenance bonds are on file in the City
Clerks office.
Concrete paving and storm inlets for Be] Air Addition,
Part 6, as constructed by Metro Pavers, Inc. of Iowa City,
Iowa; storm Sewer for Bel Air Addition,
constructed by KnowliPart 6, as
Coralville, Iowa. ng Brothers Contracting Company of
I hereby recommend that the abovementioned improvements be
accepted by the City of Iowa City.
Respectfully submitted,
EGGcq�uJ A. ��
ugene A. Dietz, P.E.
City Engineer
EAD:bz
PUlo lAIPR(1VJ3 LINT I.IAINTE,tiANLOBOND
troy rte rI A NTcXANCE OF #152,216'
cru eMrn Lhesc Presents.
That Metro Pavers, Inc.
as Principal, end the State Surety Company
°i Des Moines, Iowa
of Iowa City, Iowa
and fi- :ly hound unto the City of Iowa City, Iowa
as Surety, are held
, in the penal sum o:
--THIRTY-EIGHT THOUSAND THREE HUNDRED SIXTY -POUR AND 3G/lOq$ 38,364.36----) DOLLARS,
lawful money of the. United States of America, for the payment of which, well and truly to be made
the Principal and Surety bind themselves, their and each of their heirs, executors, administrators
successors and assigns, jointly and severally, 5r mly by these presents.
Signed and delivered this 9th day of August A.D. 19
7G
Whereas, the said Principal entered into a certain contract, dated the 15th • day of
July , 1976 , with the City Development , to furnish all the material
and labor necessary for the construction of
approximately 3,501 square yards of 7" PCC including curb and gutter for
a contract price of $32,217.,76; and also a circle involving approximately
569 square yards of 7"
addition, Part 6 PCC Por a price of $6,146.50; all in Bel Air.
in the City of Iowa City , in conformity with certain specifications; and
Whereas, a further condition of said contract is that the said Principal should furnish a bond
of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop
in said tivork Nvithin a period of five (5) -- -__ . years from the date of acceptance of the work
under said contract; and
Whereas, the said State Surety Company
of Des Moines, Iowa for a valuable consideration, has agreed to join with said
Principal in such bond or guarantee, indemnifying said City of Iorea City as aforesaid;
Now, Therefore, the Condition of This Obligation is Such, Principal does and
that if the said
shall, at his own cost and expense, remedy any and all defects that may develop isaid work,
within the period of five f5) years from the date of acceptance of the work under said .con-
tract, by reason of bad workmanship or poor material used in the construction of
g aid said work, and
shall keep all work in continuous good repair durins period, and shall in all other resnect?
comply with all the terms and conditions of said contract with respect to maintenance and repair
of said work, then this oblization to be null and void; otherwise to be and remain in full force and
virtue in law.
Approved ---------
By---------------
264 2
City Solicitor.
METRO PAVERS1-INC _-
/ ---- ----- Principal
By ----�'
Attorney
--------- Surety.
ct----------------
This Power of Attorney limits the nct�
they have no authority to bind the Co hose named therein, to tile
y except in the mnnne,. and to fileextent
xtepde
gs spccificnlly named therein, and
POWER OFATTORNN;Y n state,i.
STATE SURETY COMPANY
Des Maines, Iowa
KNOW ALL bIEN BY THESE PRESENTS:
That State Surety Company, a Corporation organizer) and existing under' the laws of the State of low°, by�i. T
_ Vice President
in pursuance n( authority g+ante,) l+, C)
"The Chairman of the Board, + Title ) Section 1, Article Il of
Secretarythe I resident, any Vire-President or any Assistant vice- its By -I �ws to wit:
Chairmais the Boenrd r(j,e hpresirdent+or any VicetY to �Pre idents or oa^rc,es or undertakin
President, the Secretary or any Assistant
de any Assistant Secreta in may. appoint attorneys -in -tact or ° e Rs m the name of the
dancing the appointment m ase y Assistant vice -President, in conjunction with the ,.,,,Company.
The
h taee, for end nn behalf of the Comwnn.ttuthorit}• as defined or limited in the instrument evi-
nttorneny to bonds, undertakings, recogniznnces, and suretyshi P t^ execute and deliver and to l affix lin seal t the
attorney-in-fact or agent end revoke any power of attorney a obligations of all kinds; and said officers ma • re
does hereby nominate, constitute and a granted t^ such person.' ) move any such
appoint
C- B. Condon or C. A. La Mair, II or C. J. !:rant, or JamesJr. or James F. Norris
E. Thompson of Des Moines,Iowa
its true and lawfagent :md Attorney ill Fact, t
its act and deed:
o make, oxer uta, seal and deliver, for, and on its behalf as Surety,
and as
Any and all bonds or undertakings
And the execution of such bonds or undertakings in pursuance of these
redly and amply, to all intent, tiand purposes, as if such bond had been duly executed and acknowledged b
regularly elected officers the Com nn pre"cots, shall be as binding P y in their own proper K upon said Cgmpaf as
This Power of Attorney or an person. ) one of the
by Section 1, Article 11, parry certificnle thereof may be signed and sealed by facsimile under and by the authority
graph a of its By-I_rws b- suit:
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile to any anted
or certification therm( authorizing the execution and dative
obligation of the Company; and such signature and seal when sa used Shall have the same force and effect as
affixed." n' of any bond, undertaking, recognizance, y pO"'er of attorney
or other suretyship
It is certified by the officers signing that the foregoing though manually
duly adopted and recorded, and is now in force. K K is n true co
IN WITNESS WHEREOF. �r pY of Section I, Article If of the Dy -Leis of said Company,
_ e haw> hereunto subscribed our mane= and affixed the corporate sent of the said State
Company this_ 4[j1_,dey of__.lanu,>� -_ `
--- —_ .I:r. 7_._• Surety
STATE SURETY COMPANY
Assistant Scc Mary
State of Iowa _ Vice Pr 'ant
y Polk — 1
Count ot._ss.
_ I
OnJanuary 4, 1972
before me, a notary public in and for sold County,
Personally known who being by me duly sworn, did an • President appeared MAI on
i� LCn�`_
Company, of Des Iloines, low•a, } that he is __ Vice PrCsident_
that the attached instrument was created, organized and existing under an b -�— of State
Directors and the said signed and settled on behalf of State Surat virtue of the ttw Surety
act and deed of State Sure yCompanys y Y Company byl authority sof it, of Iowa;
b • rt volunlaril acknowledged the execution of B. rd of
I� WITNESS WHEREOF, ) executed. said instrument to be the voluntary
the day and I have hereunto subscribed by neme and affixed m
year last above written.
ural seal atDes I fines Iowa
3fy commission expires_,ZnjV 4_ 1g�? ���'�. ,r (�
Charles L. �otar5 Pub tic
IlollinPsworth CF,ItTIFICATE
The undersigned,. _Assistant
foregoing is a true and correct copy of a power ofSecreta Attorney executed b
effect. ) of State Surety Company, does hereby certify
y said State Surety Company, whica stilthat l in force and
In T��e1s'timony whereof, I have hereunto subscribcU my name and affixed the corporate seal of
—�, 19 7 G the Said Company, this
2588 (Rev. 1/70) 7 e C
A6AL
Assistant Secreta
RESOILMON NO. 76-295 G'
WWITH�IOWA DE RTM ENT ON OFppRTATION
AREAS, the City of Iowa Ci
with Iowa Department of Imo, has negotiated a
being atter � Transportation, a n agreement
and, s Resolution and Oren of said aar_a reem�—
s reference _.said
a � �—�--
V210E4S, the City Council deers it in the public interest
into said agreement for federal partici ation iMuscatine
Avenue improvemen AUS pro�ec
NC�7, THEREFORE, BE IT RESOLVED BY THE CITY COUXCII':
1- That the Mayor and Ci
ty to execute the agree.,nent with Clerk are hereby authorized and directed
'.— Iowa Depart
2• That the City Clerk shall furnish copies of said
to any citizen requesting sane. _
_ a o r P----�f
It was moved by _d P P r n c c '
Resolution be d- u — l d seconded by Foster
Pon rolcall there Hnere: the
adopted, an
AYES: NAYS: APSE:
—X Balmer
— X deProsse
— X
Foster
Neuhauser
X Perret
Selzer
Vevera
Passed and approved this 24th
day of
ATTEST---�QiGsL' Mayor
City Clerk
August 1976.
1370
i
September 14, 1976
Ms. Abbie Stolfus
City Clerk
City Hall
Iowa City, IA 52240
Dear Madam:
i 2h: _ate
(
HIGHWAY DIVISION
026 LINCOLN WAY AMES. IOWA 50010 SIS -296-1101
REF. R0.
Johnson County
M-4052(829)--81-52
RE: Municipal Agreement #76-F-071 for FAUS Project in Iowa city
Attached is a copy of the approved agreement for the improve-
ment of Muscatine Avenue and 1st Avenue.
This agreement was approved by Staff Order on September 2, 1976.
Very truly yours,
Russell K. Moreland, p.E,
bj t
Office of Urban systems
Attachment
cc: H. E. Gunnerson, Director -Chief Engineer
L. G. Richert, Office of Accounting, Iowa DOT
V. R. Raymond, Office of Accounting, Iowa DOT
F. O. Bloomfield, Office of Maintenance, Iowa DOT
J. R. Bump, Office of Urban Systems, Iowa DOT
A. I. Calvert, Office of Materials, Iowa DOT
L. E. Richardson, Office of Urban Systems, Iowa DOT
K. E. Davis, Office of Contracts, Iowa DOT
Van R. Snyder, District 6 Engineer, Iowa DOT
Federal Highway Administration, Ames, Iowa
COMMISSIONERS
IIARUAkA I -.L n,y DONALD K. GARDNER STEPHEN CARSf WILLIAM F. MCCRATH ROBERT R. RIGLER L. STANLEY SCHOELERIIAN ALLAN TNOMS
Ce-.,. A.101 Coon nwds
Melrose New Hamptp^ Spencer
Dubuque
!. •
DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
FEDERAL -AID URBAN SYSTEM PROJECT
City: Iowa City
County: Johnson
Project No: M-4052(829)--81-52
Department of Transportation
Agreement No: 76-F-071
WHEREAS, pursuant to Sections 306A.7 and 306A.8, 1975 Code of Iowa,the
City of Iowa City , hereinafter called the "CITY", and
the Iowa Department of Transportation, Highway Division,
hereinafter called the "STATE", may enter into an agree-
ment respecting the financing, planning, establishment,
improvement maintenance, use or regulation of public
ways in these respective jurisdictions, and it is their
opinion that the improvements in the traffic carrying
capacity of the many streets is necessary and desirable,
and
WHEREAS, the Congress of the United States, in the Federal -Aid
Highway Acts of 1970 and 1973, provided for the Federal -
aid Urban System, hereinafter called FAUS, and Congress
had made funds available through the Federal Highway
Administration, hereinafter called the FHWA, for improve-
ments to the FAUS, these funds being administered by
the STATE, and
WHEREAS, the STATE has established Policy 2707, (formerly Policy
2605) dated May 30, 1974 and revised January 9, 1975,
June 30, 1975, and September 25, 1975, to effectively
administer the FAUS program in Iowa, and
WHEREAS, FAUS funding is available, subject to the limitations
stated in Policy 2707, for reimbursement of up to seventy
percent (70%) of the costs relating to an improvement on
the FAUS and that local funds are to be used for the
remainder of the improvement costs, a minimum of thirty
percent (30%), and
WHEREAS, the CITY has requested eligible reimbursement from FAUS
funds for construction costs, associated with said
improvements, and
WHEREAS, the CITY ••
proposes to improve FADS route No. 4052 known as
Muscatine Avenue beginning approximately 445' west of 1st Ave.
thence east approximately 1.05 miles to Scott Boulevard. The
proposed project is a 37' B -B pavement from Arthur Street
west to 445' west of 1st Ave, and on 1st Ave. approximately
300' north and south of Muscatine Avenue and a 31' B -B pave-
ment between Arthur Street and Scott Boulevard.
NOW, THEREFORE, BE IT AGREED:
Section 1. Since this project- is to be partially financed with
Federal funds, the CITY shall take whatever actions may
be necessary to comply with applicable Federal laws and
regulations.
Section 2. The CITY will take the appropriate actions and prepare
the necessary documents to fulfill the requirements of
Federal Aid Highway Program Manuals, Volume 7, Chapter 7,
Section 2, Environmental Impact and Related Statements;
and Volume 7, Chapter 7, Section 5, Public Hearings and
Location/Design Approval.
Section 3. The STATE will obtain the necessary A-95 clearance from
the State Office for Planning and Programming. The CITY
shall obtain and submit to the STATE the necessary A-95
project clearance statement- from Area X Regional Planning
Commission known as Johnson County Regional Planning
Commission. The CITY shall secure any permits required by
the Iowa Natural Resources Council.
Section 4. The CITY will prepare the construction plans, specifi-
cations and estimates. The design will conform to Design
Standards for Federal -aid projects as set forth in Volume
6, Chapter 2, Section 1, Subsection 1 of the Federal Aid
Highway Program Manual. The project will be constructed
under the STATE standard specifications and current appli-
cable special provisions. Applicable CITY specifications
with prior approval by the STATE and FIIWA, may be used
for items not specifically covered by STATE specifications.
Section 5. The CITY shall provide to the STATE the necessary
Right of Way Assurance Statement prior to receipt of
FHWA location -design approval.
Section 6. The STATE may, at the request of the CITY, provide right
of way appraisal and acquisition services. The actual cost
to the STATE of providing said services will be billed to
the CITY.
Section 7. All right of way activities whether performed by the
CITY or STATE, shall be in accord with the 1970 Uniform
Relocation Assistance and Land Acquisition Policies Act.
Section 8. If the STATE does not provide appraisal and acquisition
services, the STATE will monitor the CITY right of way
activities in accordance with normal policy.
Section 9. The CITY shall forward final plans, specifications and
project estimate (PS&E) to the STATE. The STATE will
program the project with the FHWA, submit the PS&E
?' documents for approval by the FHWA.
Section 10. Upon receipt of FHWA approval of the PS&E, the project
may be let by the CITY in accordance with Policy 2707
Section 3.c. or the CITY may request the STATE to hold
the letting. The CITY shall be the contracting
under each of the following arrangements.
a• If the CITY holds the project letting,g authority
e CIT
advertise the letting, conduct the letting andY well
determine the ].ow bid. Projects shall require bidder
prequalification by the STATE in accord with STATE
Specification 1102. The CITY shall only issue bid
proposal forms to contractors who have been pre-
qualified by the STATE as applicable. The CITY
shall submit copies of all bid proposals, a tabu-
lation of all bids received on STATE tabulation
forms to the STATE, along with a City Council
Resolution for acceptance or rejection of the low
bid and will certify that all prospective bidders
have acknowledged receipt of the addendums
for the letting, issued
b. If the STATE holds the project letting, the STATE
will follow normal project letting procedures.
After bids are received and opened, the STATE will
furnish the CITY with a tabulation of all bid
proposals. The CITY, by Council Resolution, will
act on the bids received and will furnish the
STATE with three (3) copies of the Resolution.
Section 11. The STATE will review the bid tabulations and
proposals and will prepare a DOT order for concurrence
to award the contract.
Section 12. The STATE will forward the necessary documents to
the FHWA to secure approval to award the contract. After
receipt of FfIWA approval, the STATE will notify the
CITY. The CITY shall enter into a contract with the
contractor, secure his performance bond and certificate
of insurance.
Section 13. The CITY shall forward to the STATE copies
contract, bond and insurance certificateof the. The STATE
will prepare Detail Project Agreement, a
FHWA approval of the Agreement. nd obtain
• - 4 - •
Section 14. Materials Testing and Construction Inspection: The
CITY shall comply with the procedures and responsibil-
ities for materials testing and construction inspection
set forth in paragraph vi.C.3.d. of Policy 2707. The
STATE will bill the CITY for testing services according
to its normal policy.
section 15. Contract payments. The CITY shall comply with the
procedures and responsibilities for contract payments
set forth in paragraph vi.C.3.e. of Policy 2707. The
following documents shall be submitted by the CITY to
the STATE District office at the completion of the
project:
a. Form PR -47 Statement of Materials and Labor'used
by contractors on Highway Construction Involving
Federal funds.
b. Form 303 - Certification of Wages and Payroll
C. Form 314 - Final Estimate of Road or Bidge Work
d. Form 435 - Certificate of Completion and Final
Acceptance of Work.
e. Form 436 - Final Payment
f. Invoice and Proof of Payment(a billing
to the
led warrants
STATE for FAUS funds, copy
of and City Council Resolution)
Section 16. The CITY will effect whatever steps may be required
to legally establish the grade lines of the new highway
facilities constructed under said project, and shall
pay or cause to be paid all damages resulting therefrom,
all in accordance with the provisions of Section 364.15
of said Code of Iowa.
Section 17. The CITY shall effectuate all relocations, altera-
tions, adjustments, or removals of utility facilities,
including power, telephone and telegraph lines, water
mains and hydrants, curie boxes, sanitary sewers, and
related poles, installations and appurtenances, whether
,privately or publicly owned, and all parking meters,
traffic signals and other facilities which are located
within the limits of an established street or alley and
which will interfere with construction of the project.
•
Except as otherwise herein provided, the CITY shall
take all necessary legal action to discontinu and
prohibit any use of the Project right of waY
business purposes including, but not limited to, gas
PUMPS, storage tanks, theater ticket sales, driveees
services, etc- However, awnings, canopies, marquees,
advertising signs, and similar instaireement and cwhich
e
in place prior to the date of this from outside said in
facilities are supported entirely
project right of way may be permitted to remain he
the opinion of the STATE, they do not obstruct the view
of any portion of the public highway or stAnytsuUY
traffic control devices or
snew construction or reconstruction
sequent changes in,
of, such installations offaciningetosnewlconstructionfully y
with STATE requirements pe
Section 16. Subject to the provisions of Section 17 hor ereof, the
CITY shall prevent any future encroachment and obstruction
within the limits of Project right of signs on said right
prevent the erection of any private sig
Of way and on private property which may overhang the
right of way or which obstruct the view of any portion
of said highway, street or raiol lroad track, or the
vices
ina
asuch atrffic lgns mann�r astraffic
t-orenderrthemedangerousawithinethen
on 319.10 of said Code of Iowa.
meaning of Secti
The CITY shall maintain all books, documents, papers,
Section 19.
records, reports and other evidence pertain -
accounting and make such mater-
ing to costs incurred for the project the Gon-
ial available at all reasonableimesdur the date of
struction period and for three Y fromction
the
final Federal reimbursement, for insp
STATE, FHWA, or any authorized representatives of the
Federal Government and copies of said materials shall
be furnished if requested. improvement or
completedintain the imP proper
Section 2shalleprovide CITY hother a 11 aacceptable means for assuring
maintenance.
prot.
parking of any nature within
Section 21. The CITY shall pro ect. Any
regulation must be approved change in this parking
-the limits of the P jecved by the STATE and FHWA.
pavement
Section 22Any
traffic control devices, signing, or
. project shall
markings installed within the limits of this prJ
conform to the "Iowa Manual on Uniform Traffic Control
Devices for Streets and Highways.
Section 23. Implementation of Clean Air Act and Federal water
Pollution Control Act (Applicable to Contracts and Sub-
contracts which exceed $100,000):
a. The CITY stipulates that any facility to be utilized
in performance under or to benefit from this agree-
ment is not listed on the Environmental Protection
Agency (EPA) List of Violating Facilities issued
pursuant to the requirements of the Clean Air Act,
as amended, and the Federal Water Pollution Control
Act, as amended.
b. The CITY agrees to comply with all of the requirements
of Section 114 of the Clean Air Act and section 308
of the Federal Water Pollution Control Act; and all
regulations and guidelines issued thereunder.
C. The CITY stipulates as a condition of Federal aid
pursuant to this agreement it shall notify the STATE
of the receipt of any advice indicating that a facility
to be utilized in performance under or to benefit
from this agreement is under consideration to be
listed on the EPA List of Violating Facilities.
Section 24. Since the CITY desires to be reimbursed up to the maximum
amount allowable for project inspection expense, the CITY
will, in the first instance, bear the entire cost of said
project inspection. The STATE will, upon receipt of final
required project documents and a final itemized estimate of
project inspection costs (in 7 counterparts), make payments
in the amount of 90/ of the eligible costs prior to the required
Audit by the STATE and Federal Highway Administration; and
after such audit shall make final payment in an amount so
that the total payment's will equal the amount found to be
eligible for Federal Participation by the final audit. The
CITY will promptly, upon written request, reimburse the STATE
in the amount of any justifiable exceptions taken by the STATE
or Federal audit which may exceed the amount witheld.
For reimbursement's made to the CITY by the STATE, special
reference is made to STATE Accounting Policy and Procedures
Manual, Chapter XV, Audits of Contracts with Second Parties,
a copy of which is attached and marked Exhibit "A".
2. Compliance with Title Vi of the Civil Rights Act of 1964 -
During the performance of the "project- inspection" the CITY,
for itself, its assignees and successors in interest, agrees
as follows:
A. Compliance with Reguations
The CITY will comply with the regulations of the Department
of Transportation relative to nondiscrimination in federally -
assisted programs of the Department of Transportation (Title
49, Code of Federal Regulations, Part 21, hereinafter referred
to as the "Regulations"), which are herein incorporated by re-
ference and made a part of this Agreement.
B. Nondiscrimination:
The CITY, with regard to the work performed by it after
award and prior to completion of the contract work, will
not discriminate on the grounds of race, color or national
origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment.
The CITY will not participate, either directly or indirectly,
in the discrimination prohibited by Section 21.5 of the
Regulations, including employment- practices when the Agree-
ment covers a program set forth in Appendix "A", "B" and "C"
Of the Regulations.
C. Solicitations for Sub -Contracts including procuremen
Materials and P.rm i nmr n4 .
In all solicitations, either by competitive bidding or
negotiation made by the CITY for work to be performed under
a sub -contract, including procurement of materials or equip-
ment, each potential subcontractor or supplier shall be
notified by the CITY of the CITY's obligations under this
Agreement and the regulations relative to nondiscrimination
on the grounds of race, color or national origin.
D. Information and Reports: -
The CITY will provide all information and reports required
by the regulations, or orders and instruction issued pursuant
thereto, and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be de-
termined by the STATE or the Federal Highway Administration to
be pertinent to ascertain compliance with such regulations,
orders and instructions. Miere any information required of the
CITY is in the exclusive possession of another who fails, or re-
__ fuses to furnish this information, the CITY shall so certify to
the STATE, or the FHWA, as appropriate, and shall set forth what
efforts it has made to obtain the inforination.
E. Sanctions for Dloncompliancc:
In the event of the CITY's noncompl.i.ance with the nondis-
crimination provisions of this Agreement, the STATE shall
impose such sanctions as it or the FIMA may determine to be
appropriate, including, but not limited to:
(a) Plithholdi.ng of payments to the CITY under the
Agreement until the CITY complies, and/or
(b) Cancellation, termination or suspension of the
Agreement-, in whole or in part.
F. Incorporation of Provisions:
The CITY will i.nclude the Provisi.ons of Paragraph A through
F in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations,
orders or instructions i.ssued pursuant thereto. The CITY
will take such action with respect to any subcontract or
procurement as the STATE or FIJWA may direct as a means of
enforcing such provisions, including sanctions for noncom-
pliance, provided, however, that in the event the CITY
becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction,
the CITY may request the STATE to enter into such litigation
to protect the interests of the sTATE and/or CITY and, in
addition, the CITY may request the United State to enter into
such litigation to protect- the interests of the United States.
G. Access to Records:
The CITY shall maintain all boors, documents, papers,
accounting records and other. evidence pertaining to cost
incurred and to make such materials available at their
respective offices at all reasonable times during the con-
struction period and for three years from the date of final
payment for engineering costs, for inspection by the STATE,
F11WA or any authorised represenL-atives of. the Federal Govern-
ment and copies thereof shall be furnished if requested.
CounteJohnson
Project No. 14-4052(829)--81-52
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No.
76-F-07 1
as of the date shown opposite its signature below.
City of Iovra City
August 25 1976
BY:Mary tle hawser
Title: Ma or
I,
Abbie Stolfus , certify that I am the Clerk of the CITY,
and that _jj ^�""ti'iicPr
who signed said Agreement for and on
behalf of the CITY was duly authorized to execute the same by virtue of
ed and adopted by the CITY, on the 24th
a formal Resolution duly pass
6by the following call of yeas and nays
day of August 197_.j
recorded hereon.
Nays Absent xw%'C x
Yeas
lnhn RalMa —
f'rnl riPPrnctn
L. P. Foster
Mary Neuhauser_
Max Selzer
Robert Vevera
Members of the Council
/'�: 17 . U-1 a 11
Signed A
" — Iowa
ci. _v Clerk of Iow Cit
August 25 1 1976
Date
Iowa Department of Transportation
Highway D
��197_
v r�
By: � Date
Director -Chief Engineer
S
AGREEMENTS /CONTRACTS
Attached are L unexecuted copies of (6-10 n_;;
7/.-7 -I -
as signed by the Mayor.
After their execution by the second party, please route
1)(Z..n.0.T. - 1
Z) 1 �QQjUJ6 — �; I FC I i try
3) kC1Fd� - �.� .4_._.c,
4) GeLc Dietz-
5)
iertz
5)
^" r is to be responsible for
d
completion of this procedure.
r/ .
RESOLUTION N0. 76-296 .
RESOLUTION APPROVINGTHE FINAL PLAT
OF MP, PROSPECT ADDITION, PART 3
WHEREAS, the owner and proprietor, Frantz Construction Co., Inc.,
has filed with the City Clerk plat and subdivision of the following'-described
premises located in Johnson County, Iowa, to-wit:
(SEE EXHIBIT "A" ATTACHED HERETO.)
- _ WHEREAS, said property isownedby .the above named owner and the '.
dedication has been made with the free consent and in accordance with the
desire of the proprietor.
WHEREAS, said plat and subdivision is found to conform with Chapter
and all other statutory requirements.
304 of the 1975 Code of Iowa`
WHEREAS, said plat and subdivisionwas examined by the Planning,
6 Zoning Commission and recommendedthatsaid plat and subdivision-known-as
Mount Prospect Addition-Part III-, be accepted and approved.
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City,
Iowa, that said plat and subdivision located on the above-described property
be and the same is hereby approved, and the dedication of the streets and
parks as by law provided is hereby accepted.
BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is
hereby authorized and directed to certify copy of this Resolution to the
- County Recorder of Johnson County, Iowa.
it ora:; Inoved by del'rosse and seconded by Foster that
the Tte Olu Li011 be ;Id O}7tcc" dllCl 1 PoP os."C C.11lt er' yeUhauscr.
AyCS: Selzer, Vevera, Balmerr, d(r� Y.O _i:3lL, CI �. tC.rr -
Nays: None. Absent: ferret.
l37
(r
I -
- _ Commencing as n point of reference at the Northeast corner of the
Northwest quarter of Section 23,.Township 79 North, Range 6West .of:
the Fifth Principal 'Meridian, Iowa City, Johnson County, Iowa; `
thence South 1° 39' 10" East 375.40 feet to a point of intersection
with centerline Station 222+12.6 of U.S. Highway 116 Bypass .(this is
an assumed bearing Fu
gor purposes oses of -this description iption only): thence
South 0° 01' 03" East -1.50.00`feet to apoint; thence 89- .27'
44" East 50.00 feettoa point of intersection with the Easterly
right-of-way line of Sycamore Street, said point being 150.00 feet
normally distant from.the centerline of said U.S. Highway #6 Bypass;_
thence South 0° Ol' 03" East 403.07 feetalongsaid Easterly_right-
of.-way_.l.ine of Sycamore Street to a'po:int; thence -South 89'--58'1.57"
West 1.5.00 feet along said Easterly right-of-way line of Sycamore- -
Street to a point; thence South 0 O1^ 03" East 246.93 feet along
said Easterly right-of-way li.neof-Sycamore --Street - toa point;
thence North 89° 58' 57" East 200.00 feet- to a point; thence South
00 O1' 03" East 200.00 feet to point of beginning of tract herein
- described; thence South 89° 58'-57" West 200.00 feet to a point of
intersection with said Easterly right -of -way -line of Sycamore
Street; thence South 0* 01' 03" East 395.14 feet along said Easterly
right-of-way line of Sycamore Street. to a point of intersection:..
with the Northerly line of Mount Prospect Addition Part II, Iowa
City, Iowa; thence North 88° 57' 05" East 26.08 feet along said
Northerly line of Mount Prospect Addition Part II to a point;
thence Northeasterly 65.80 feet along a-580 foot radiuscurve
-
concave Northerly, said line being said Northerly line of Mount
Prospect Addition Part II to a point; thence North 82' 27' 05" East__
305.41 feet along -said Northerly line of Mount Prospect Addition
Part II to a point; thence Northeasterly 162.07 feet along a 1,420
foot radius curve concave Southeasterly, said line being said
Northerly ..line ofMount Prospect.AdditionPart -II toa.point;.
thence North 88° 59' 27" East 722.93 feet along said Northerly line
of Mount Prospect Addition Part II to a point of intersection with
the Westerly line of Fair Meadows Additions,sIowa City, Iowa.
thence North 0° oil 08" East 982.43 feet along said Westerly
lin
of Fair Meadows Additions to a point of intersection.with the e
Southerly right-of-way ,line of said U.S. Highway h6 Bypass; then
Northwesterly 40.00 feet along a 2,715 foot- radius curve concave
Southwesterly, said line being said Southerly right-of-way line of
U.S. Highway #6 Bypass_.to -a point; thence South '24`-2$
144.48 feet to a along
West
_ Point, Northwesterly 58.89 feet along. -a 458 -
foot 'radius curve concaveSouthwesterly ton point;, thence South
19° 49' 43" West 66.00 feet to a point; thence Southeasterly.21.88
Feet along a 3.5 foot radius curve concave Southwesterly to a point;
STAFF REPORT
Plnnning 1; ZoningCommission
August, 2, 1976
SUBJECT: S-7620. Finalplatof Mount Prospect
Addition, Part 3, located south:of
Iiighway.6 Bypass and cast of Sycamore
Street; date filed-.. 7/23/76; 45=day,
limitation: 9/6/76.
STAFF The subject 12.9 acre subdivision
• ANALYSIS: submitted by Frantz Construction
•" Company consists:of 52 lots. A
reduction in_the gross acreage;by
20 percent for street area would reveal an average lot size of approximately-
8,700 square feet.
The Planning Division reviewed the subject plat and found it to be in`
general compliance with the preliminary plat approved. Discrepancies
with Chapter 9:50 of the Municipal Code were noted and the following
minor changes should be"made. -
1. The lot markers should be 24 inches in length.
2. The width of 11ollywood Boulevard should be consistent at`intersections.`
3. The -street name Flatiron Drive should be corrected to read Flatiron
Avenue.
4. The plat should include the appropriate signatures required for
approval
STAFF Since the Engineering Division has
RECOWdENDATION: not completed their review of the
-plat, it is the staff.'s recommendation".
that consideration of the plat be
deferred pending review -and
"their
modification of the above discrepancies.
-
C-
:C.
C
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113 15,�_
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GRAPHIC SCALE c I ri'660'
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Sj 7620
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Form 562
11-7::
z�
Applicant.: Wilbert Frantz
325 3rd Street
(Address) -
Iowa State Highway Commission
Ames, Iowa
Gentlemen•:
6A STATE HZGHWAy COMMISSION
Application for use of
Highway Right of Way for Gunty
Utilities Accommodation
Permit No.
Frantz Construction Company
(Name of Owner)
Iowa City
(City) IOWA
Johnson
52240
(Zip
Approval Is herebyre nested for the use of Primary U.S, y6 Bypass -
q
T 79N Y Highway ��_ In Sec. 2
—`' ft 6w Johnson (Number)
y y y County
(Direction)� [Tp{p i n Iowa a,
at Highway Station 9 2211+57 (Place, Town, Etc.)
line for the tra () Ne.�_;`2�i+63
namisslon a S ff`� for the accommodation
The installatfan shall consist of Water
Ib_e _insr,t
and will be located as
AGREE` v,
shown on the detailed
Dial attached hereto.
TS. The utility company, corporation,
agrees that the following stipulations shall govern
applicant, permittee, or licensee
under this . (hereitlafter referred to as the Permittee)
Permit
_
1. The location, construction and maintenance of the utility
low,' State Highway Commission Utility Installation covered by this application shall
y Accommodation Policy. be to accordance with the
2. The installation shall meet the reguIrements o[ local municipal, const current
tions and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa federal
Stal Department a Health, a
tions of the [owe Y, state, and federal laws, franchise rules, and re
state Highway Commission, and any other laws or r.g Ballerinas, regula_
a. The ulatious applicable. U rules and regula-
Py const shin be hilly responsible for any future adjustments of its facilities within the established highway
by highway construction or maintenance n operatlons.
4• The Iowa State right of way Caused
work, on other State
High or newly
shall give the Permittee at least
48 the Permittee mx y acquired right•OfVa hours written notice of as
May Strange to protect its facilities. y' that is likely to conflict with the installation below posed construction or
ging to the Permittee, to orrder that
ce
5. The State of Iowa and the Iowa State Highway Commission assume no r�
any construction or maintenance operations on said highway,
_sponslhL'tty for damages to the Permlttee'a property occasioned by
6. The Permittee shall take all reasonablePrecaution
the lives and property of the travelin ada during the yo wners.ton and maintenance of said installation to
g public and adjacent property owners.
7• The Permittee Protect and safeguard
agrees to glue the State Highway Commission forty
hours' entice Of its Intention to start construction oa the hl
right-of-way. Sold notice shall be made in writing to the Engineer whose name is shown below.
S• The Permittee agrees to at all times give the Iowa State Highway highway
within the right-o[.tvay. Said notice shall be to the Engineer whose oaa�s shoo t(mel
y notice of Intention to perform routine maintenance
S. The Pe: , wu below.
nittee, and Iia contractors, shall ca
Of the public. Traffic protection shall be al accordance with Part construction of the current Iowa State Hi
fry on the With PartVIor repair en the accommodated utiLty with serious regard to the safe
Traffic Controls.
Ing 11
Commission Manual on UN(o[tn �
Highway Commission personnel may supervise flagging operations wb•
meat of signs and removal on completion of the work shall be accomplished b t
re considered necessary by the Engineer. The original place-
r he (Permittee) (Highway Commission).
(cross out one)
1 '�'2
f, . • 1 JJJJ
RESOLUTION NO. 76-297
RESOLUTION AUTHORIZING E.CECUTION OF CONTRACT
191ERL1S, the City of Iowa City, Iowa, has negotiated a contract
with Max Yocum, a copy of said contract being attached to this
Resolution and by this reference made a part hereof, and
1%1IERLJIS, the City Council deems it in the public interest to
enter into said contract.
\014 THEREFORE BE IT RESOLVED B7f TEIE CITY COUNCIL.
1. That the Diayor and City Clerk are hereby authorized and
directed to execute the Agreement with Max Yocum.
2. That the City Clerk shall furnish copies of said Agreement
to any citizen requesting same.
It was moved by deProsse and seconded by Foster
that the Resolution be adopted, and upon roll call there were:
AYES: MAYS:
ABSE\r:
X
Balmer
X
deProsse
X
Foster
X
Neuhauser
X Perret
X
Selzer
X
Vevera
Passed and approved this 24th day of
August , 19 76
Mayor d 0 A
ATTEST: G u_ ;
City Werk L
►373
J .
L
AGREEMENT TO SELL
0
This Agreement to Sell is made this 24th day of August 1976,
by and between the City of Iowa City, IowaTeinafter called SE ,
Max Yocum , hereinafter called BUYER.
ItWRFAS, the City of Iowa City, Iowa, is authorized and empowered by State
Law to enter into agreements for the disposal of property owned by the City of
Iowa City, Iowa, and
WIIEREAS, Resolution No. 75-348 authorized an auction for certain property
in the Urban Renewal Project rea, an
INIEREAS, Max Yocum of
80 u u ue Iowa Cit Johnson County
tate o
owa, su mitt a i o eig un re dollars ($800.00 )
for the following descri e -property:
roperty:
house located at 122 E. Court Street
Iowa City, Iowa
NOW, THEREFORE, the BUYER and SELLOR hereby mutually covenant and agree to the
following terms, covenants and conditions.
TERMS, COVENANTS AND CONDITIONS
1. The SELLOR is the owner of the following described property and has the
right to sell and convey the same; to -wit:
house located at 122 E. Court Street
Iowa City, Iowa
2. That the BUYER agrees to pay SELLOR the stun of eight hundred
dollars ($800.00 ) as the purchase price for the property described in
Paragraph 1 above.
3. That upon tender of the agreed amount of money for the property described
in Paragraph 1 above, the SELLAR has agreed to convey the same to the BUYER.
4. That the BUYER agrees to remove said property from its present location
to a location approved by the Building Inspector of the City of Iowa City,
City Engineer of the City of Iowa City and the local Zoning Administrator within
sixty (60) days of the date of this agreement.
5. That the SELLAR shall supply to the BUYER a list of deficiencies concern-
ing certain improvements to be made by BUYER which shall be remedied by BUYER within
six (6) months of the date of this agreement.
6. That BUYER shall secure a license prior to moving said property pursuant
to Ordinance No. 2469 (Chapter 5.20 of the Municipal Code of the City of Iowa City)
and shall move said property according to the sections and provisions of said
Ordinance. This agreement is specifically subject to BUYER obtaining a moving
permit and complying with the provisions stated in Ordinance No. 2469 attached herein
and by this reference made a part of this agreement.
7. BUYER shall, prior to moving said property, remove all rubbish and trash
within said property and shall haul the trash and rubbish to the municipal sanitary
landfill.
-2-
4. in addition to the above stated consideration, BUYER shall deposit with
the Building Inspector of the City of Iowa City, Iowa, a performance bond of
ss,000.on per stricture to be moved.
9. That upon a showing by L'u1VEI2 to the SELLOR that the terms, covenants
and conditions stated herein are complied with and upon SELLOR's approval of BUYER's
performance, SELLAR shall refund to BUYER, BMWs performance bond, after deduct-
ing a sum sufficient to pay for any and all costs, damages and expenses incurred by
the SELLAR by reason of removal of said property.
10. Failure of performance by BUYER of any of the terms, covenants and condi-
tions of this agreement shall constitute a breach of contract and SELLOR, in
addition to any and all other legal and equitable remedies which it may have, at
its option, may proceed to cancel this contract and forfeit BUYER Is performance bond
together with all monies paid to SELLOR as compensation for the use of said property,
and/or as liquidated damages for breach of contract.
11. BUYER shall secure from the local housing authority a Certificate of
Occupancy prior to occupying or holding out said property for occupancy.
12. This agreement shall be binding upon the heirs,_executors, administrators,
assigns, and successors of the parties hereto, and no provisions, terms, or obliga-
tions herein contained shall be affected, modified, altered or changed in any
respect whatsoever without an express written agreement between the parties involved
to do so. Further, any and all heirs, executors, administrators, assigns, and
successors shall be bound by the terms and conditions of this agreement and accept
the responsibility for full performance of these conditions.
Dated this day of aj �e1976.
ATTEST:
Z/ • RESOLUTION No. 76-298 w
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MANAGEMENT
CONTRACT WHEREIN THE CITY OF IOWA CITY, IOWA, SHALL MANAGE
THE AUTUMN PARK APARTMENTS.
WHEREAS, the City Council of the City of Iowa City, Iowa, is desirous
of providing management for the Autumn Park Apartments, and
WHEREAS, Mid States Development, Inc., is a corporation which as part of
its business is constructing a 64 unit apartment complex, known as Autumn Park
Apartments, is desirous of contracting for the management of its apartments.
WHEREAS, a Management Contract 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 Management Contract. '
It was moved by deProsse 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 74th day of August 1976.
�,'� � •r � Mayor
ATTEST: /n_!c� %
City Clerk
1 f7` -f
`WNAGEMENT AGREEMENT
... his "vireement is
made thiszo
bctcrcen "IDSTATES DEViTE6 day o
anri _DwA CITY wine?., IFNT. iVr'
i
2
3
F
(the f
O::ner" )
Agent").
nOintment and Acceotance.
Agent as exclusive agent for the Owner appoi is the
described in Section 2 management o: the property
accepts the appointment,of this Agreement, and the Agent
set forth thiAgreesubject to the terms and conditions
in this Agreement.
Descri tion of PrO'ect No.IA-05-0003-010. The property
agreement
to be managed by the Agent under this
agreement is a housing development consistin
buildings, and other improvements which makegup the lana,
Jo. IA -05-0003-010. The Project is further described Projec�
C scribed as
Name: Autumn Park. A artments
Location: City: Iowa City
State:Iowa` County: Joon
Ido. of dwelling units: 64 one bdr. units
Definitions. As used in this Agreement:
a. "HUD" means the United States Department of housing and
Urban Development.
b. "Secretary" means the Secretary of the United States
Department of Housing and Urban Development.
C. A "Montage" is an instrument of agreement between the
Owner, as mortgagor, and the mortgagee, creating a lien
onhmor
the Project as security for the payment of debt
of Housing and Urban Development. mortgage is insured by the United States Department
d• "Mortgagee" means any holder of the Mortoage-
e• "Principal Parties",means the Owner and the Agent.
f• "Consenting Parties" means the Secretary and the ,I_ortgagee.
Hcus:rR E C
F &uer�;rUEVEI�InErvr
•k� fipJSlNG
NOV 2 1976
D\SU IN ES, IOWA ( -
RING OFFICE'
Il;it; Rrc�uirements. Thr, project i, subject to a mortgage
c•;h cl: wi l l be or is insured by 1101) unrior Srction 221 D4
t he 'rational 11ousinq Act' and the Owner
-� has en,.cred or
will accordingly enter into a Regulatory Agreement with
the Secretary, whereby the Owner is obligated to provide
for management of the project in a manner satisfactory
.to the Secretary. In addition, the Owner has entered or
will enter into a Housing Assistance Payments Contract
with the Secretary. The Owner has furnished or will
C
urnish the Agent with copies of. the Regulatory Agreement
and the Housing Assistance Payments Contract. In performing
its duties under this Management Agreement, the Agent
will comply with all pertinent requirements of the
Regulatory Agreement, the Housing Assistance Payments Contract,
and the directives of the Secretary. In the event any
instruction from the Owner is in contravention of such
requirements, the latter will prevail.
5.
management Plan (Form HUD -9405). Attached hereto as Exhibit
A' and hereby incorporated herein, is a copy of the
Management Plan for the Project, which provides a compre-
hensive and detailed description of the policies and
procedures to be followed in the management of the Project.
In many of its provisions, this Agreement briefly defines
the nature of the Agent's obligations, with the intention
that reference be made to the Management Plan for more
detailed policies and procedures. Accordingly, the Owner
and the Agent will comply with all applicable provisions
of the Management Plan, regardless of whether specific
reference is made thereto in any particular provision of
this Agreement.
i
6. 6fanagement Input During HUD Processing. The Agent will
advise and assist the Owner with respect to management
input during the remaining stages of HUD mortgage insurance
processing. The Agent's specific tasks will be as follows:
a. Preparation and submission to the Owner of a recommended
operating budget for initial operating year of the Project;
b. Participation in the pre -occupancy conference with HUD
officials;
C. Preparation and submission to the Owner (for Owner's
signature and submission to HUD) the Initial Estimate
of Required Annual Contributions (HUD Form No. 52671),
Estimate of Required Annual Contributions (Hud Form No.
52672), Estimate of Total Required Annual Contributions
(HUD.'crm No. 526'3 and Requisition for Parti ?�
• 4 al. <-Vim•^nt
of Annual Contributions HUD Form No. 52663). Occupancy
recto n_s will. be-apared for the owners signature and
su1:.^.:1s5i0n to as may be required by HUD.
Participation in the on-site inspection, of the Project,
::ecilired by HUD approximately ninety (90) days
subsequent to initial occupancy; and
Co ntinuinq review of the Management. Plan, for the purpose
cf keeoincq the Owner advised of necessary or desirable
charges.
,. Basic Information. As soon as possible, the Owner will
urnish the Agent with a complete set of plans and
specifications approved by the Secretary and conies of all
guaranties and warranties pertinent to construction, fixtures,
and equipment. with the aid of this information and through
inspection by competent personnel, the Agent will throughly
`amiliarize itself with the character, location, construction,
layout, plan and operation of the Project, and especially
the electrical, heating, plumbing, air-conditioning and
ventilating systems, the elevators, and all other mechanical
equipment.
S. Liaison with Architect and General Contractor. Durirq the
planning and construction phases, the Agent :o ill maintain
direct liaison with the architect and general contractor,
in order to coordinate management concerns with the design
and construction of the Project, and to facilitate completion
of any corrective work and the Agent's responsibilities for
arranging facilities and services pursuant to Section 14 of
this Agreement. The Agent will keep the owner advised of
all significant matters in this connection.
9. Marketing. The Agent will carry out the marketing activities
prescribed in the Management Plan, observing all requirements
of the Affirmative Marketing Plan. Subject to the Owner's
prior approval, advertising expenses will be paid out of the
Rental Agency Account as Project expenses.
10. Rentals. The Agent will offer for rent and will rent the
dwelling units, parking spaces, commercial space and other
rental facilities and concessions in the Project. Incident
thereto, the following provisions will apply:
a. The Agent will make preparation for initial rent -up, as
described in the Management Plan.
b. The Agent will follow the tenant selection policy described
In the :tanagement Plan, and will ensure that at lease 302
Of the CCCl3 %a::`S are "very low" income families.
-4 -
Tae Accent will show the premises to prospective tenants.
The ALIent will lake and process applications for rentals.
an application is rejected, the a-pplicant will be
told the reason for rejection.. The rejected application,
Ath reason for rejection noted thereon, will be kept on
file for one (1) year. A current list of prospective
tenants will be maintained.
e. The Agent will prepare all dwelling leases and parking
permits and will execute the same in the project's name,
as agent for the Owner. The terms of all leases will
comply with the pertinent provisions of the Regulatory
Agreement, the Housing Assistance Payments Contract, and
the directives of the Secretary. Dwelling leases will
be in a form approved by the Owner and the Secretary,
but individual dwelling leases and parking permits need
not be submitted for the approval of the Owner or the
Secretary.
f. The Owner will furnish the Agent with appropriate rent
schedules, as from time to time approved by the Secretary,
showing fair market rents and contract rents for dwelling
units, and other charges for facilities and services.
In no event will such fair market rents and other
charges be exceeded. Eligibility for dwelling rents that
are less than such fair market rents, and the amount of
such lesser rents, will be determined in accordance with
the Regulatory Agreement, the Housing Assistance Payments
Contract, and the directives of the Secretary.
g. The Agent will counsel all prospective tenants regarding
eligibility for dwelling rents that are less than fair
market rents, and will prepare and verify eligibility
certifications and recertifications in accordance with
the Regulatory Agreement, the Housing Assistance Payments
Contract, and the directives of the Secretary.
h. The Agent will negotiate commercial leases and concession
agreements, and will execute the same in the project's
name as agent for the Owner, subject to the Owner's
prior approval of all terms and conditions. Commercial.
rents will not be less than the minimums from time to
time approved by the Secretary.
i. The Agent will collect, deposit, and disburse security
deposits, if required, in accordance with the terms of
each tenant's lease. The amount of each security deposit
will be as specified in the :management Plan. Security
deposits will be deposited by the Agent in an interest-
bearing account, separate from all other accounts and
funds, .,:th l bank or other financial institution whose
-5-
• 0
doposits are insured by an agenc, or the United States
"'overnmen.t. This account will be carried in the
project's name and designated as "Autumn Park apartments
Security Deposit Account".
-. ::-)'_lection of Rents and Other Receipts. The Agent will
:ollect when due all rents, charges and other amounts
receivable on the Owner's account in connection with
tha management and operation of the Project. Such receipts
lercept for tenants' security deposits, which will be
handled as specified in Subsection 10i above) will be
deposited in an account, separate from all other accounts
and funds, with a bank whose deposits are insured by the
Federal Deposit Insurance Corporation. This account will
be carried in the Project's name and designated 'Autumn
Park Apartments Rental Agency Account."
12. Enforcement Of Leases. The Agent will. secure full comoliance
by each tenant with the terms of his lease. Voluntary
compliance will be emphasized. The Agent will counsel
tenants and make referrals to community agencies in cases
of financial hardship or under other circumstances deemed
appropriate by the Agent, to the end that involuntary
termination.of tenancies may be avoided to the maximum
extent consistent with sound management of the Project. Never-
theless, and subject to the pertinent procedures prescribed
in the Management Plan, the Agent may lawfully terminate
any tenancy when, in the Agent's judgment, sufficient
cause (including but not limited to nonpayment of rent)
For termination occurs under the terms of the tenant's
lease. For this purpose, the Agent is authorized to consult
with legal counsel to be designated by the Owner, to bring
actions for eviction to execute notices to vacate and
judicial pleadings incident to such actions; provided, however,
the Agent keeps the Owner informed of such actidns and follows
such instructions as the Owner may prescribe for the conduct
of any such action. Subject to the Owner's approval.
attorney fees and other necessary costs incurred in connection
with such actions will be paid out of the Rental Agency
Account as Project expenses.
13. Maintenance and Repair. The Agent will maintain the Project
in good repair in accordance with the ,Management Plan
and local codes, and in a condition at all times acceptable
to the Owner and the Secretary, including but not limited
to cleaning, painting, decorating, plumbing, carpentry,
grounds care, and such other maintenance and repair work
as may be necessary, subject to any limitations imposed
by the owner in addition to those contained herein.
-6- 0
_ncident thereto, the following provisions will apply:
. Special attention will be given to preventive maintenance
and, to the greatest extent feasible, the services
of regular maintenance employees will be used.
b. Subject to the Owner's prior approval, the Agent will
contract with qualified independent contractors for
the maintenance and repair, or performance of:
1. Elevators.
2. Heating and air conditioning units.
3. Cooking ranges, range hoods, refrigerators and
disposals.
4. Plumbing and electrical repair.
5. insect and rodent control.
6. Yard work and snow removal.
7. Garbage and trash disposal.
C. The Agent will arrange for systematic and prompt
receipt of service requests from tenants, take such
action thereon as may be justified, and will kaep
records of the same. Emergency requests will be
received and serviced on a twenty-four (24) hour basis.
Compliants of a serious nature will be reported to the
Owner after investigation.
d. The Agent is authorized to purchase all materials,
equipment, tools, appliances, supplies and services
necessary for proper maintenance and repair.
e. Notwithstanding any of the foregoing provisions, the
prior approval of the Owner will be required for any
expenditure which exceeds five hundred dollars ($500.)
in any one instance for labor, materials, oi otherwise
in connection with the maintenance and repair of the
Project, except for recurring expenses within the
limits of the operating budget or emergency repairs
involving manifest danger to persons or property, or
required to avoid suspension of any necessary service
to the Project. In the latter event, the Agent will
inform the owner of the facts as promptly as pbssible.
14. Utilities and Services. In accordance with the Management -
Plan and the operating budget, the Agent will make arrange-
ments for water, electricity, gas, trash disposal, vermin
extermination, decorating and laundry facilities and
television antenna Capability. Subject to the Owner's
prior approval, the Agent will make such contracts as may
be necessary to secure such utilities and services.
1. 0
_-.o_ estio• The Plana �
ge.;e,.t z lar; prescribes the number,
u�=_icar.s 'Inc! duties of the personnel to
re':u+_ar_Y employed in the management of be
-nclu:iing a Resic?ent + f the Project,
the ..or each buildin ,
�'-ntenance, bookkeepin g
piovees. nll such in�, clerical, and other managerial
=ie Project and not
?a supervisedthe Agentssite perobut� ;ailllbeehiredo ees
--,, and discharged through the Agent,
subject to the following conditions:
As more particularly described in the .Management
Plan, the Resident Managers will have duties of the
t'_ -pe usually associated with his position, and will
be responsible for coordinating the social and
recreational programs for their building. Each will
be directly responsible to the Agent and neither will
have authority to supervise or discharge the other.
Neverth-cicss, the Resident Managers will coordinate
their activities in the interest of good overall
management.
b• Compensation (including fringe benefits)
to the Project staff, payable
Federal taxes and asseplus all local, state, and
ssments incidents to the
employment of such personnel will be borne soley
by the Project, and will not be paid ol,r of the
fee. The rental value of any dwelling unit
furnished rent-free to the Resident Manager will be
treated as a cost to the Project.
C. The Agent will establish and follow an employment
Policy that affords residents of the Project maximum
Opportunities for employment in the management and
and, to
withation of the that consideration, employmentcOpportt consistent
lower-income persons in the area. whiter ersonneies to
be employed primarily on the basis of ability, the will
Agent will make a conscientious effort toprovide the
special assistance and training for Projecresdents
and members of minority groups who are not initially
qualified.
16. Disbursements From Rental Agency Account.
C From the funds collected and deposited by the Agent in
to ::ental Agency Account pursuant to Section 11 above, the
Agent or other parties authorized by owner will are the
m
follo:�ring disbursements promptly when payable:
0
E
(1) Compensation payable to the employees specified
in Subsection .15c above, and for the taxes and
assessments payable to local, state, and Federal
governments in connection with the employment of
such personnel.
(2) The single aggregate payment reauired to be made monthl
by the Owner to the Mortgagee including the amounts
due under the mortgage for principal amortization,
interest, mortgage insurance premium, ground rents,
taxes and assessments, fire and other hazards
insurance premiums and the amount specified in the
Certificate of Incorporation or Regulatory Agree-
ment for allocation to the Reserve for Replacements.
(3) All sums otherwise due and payable by the Owner as
expenses of the Project authorized to be incurred
by the Agent under the terms of this Agreement,
including compensation payable to the Agent, pursuant
to Section 27 below, for its service hereunder.
b. Exceot for the disbursements mentioned in Subsection 16a
above, funds will be disbursed or transferred from the
Rental Agency Account only as the Owner may from time
to time direct in writing.
C. In the event the balance in the Rental Agency Account is at
time insufficient to pay disbursements due and payable
under Subsection 16a above, the Agent will inform the
Owner of that fact and the Owner will then remit to the
Agent sufficient funds to cover the deficiency. In no
event will the Agent be required to use its own funds
to pay such disbursements.
17. Budgets. Annual operating budgets for the Project will be
as approved by the Owner. Except as permitted under Sub-
section 13e above, annual disbursements for each type of
operating expenses itemized in the budget will not exceed
the amount authorized by the approved budget. In addition
to preparation and submission of a recommended operating
budget for the initial fiscal year (as provided in Subsection
6a above), the Agent will prepare a recommended operating
budget for each subsequent fiscal year beginning during the
term of this Agreement,'and will submit the same to the
Owner at least sixty (60) days before the beginning of the
fiscal year. The Owner will promptly inform the Agent of
any changes incorporated in the approved budget, and the
Agent will keep the Owner informed of any anticipated
deviation from the receipts or disbursements stated in the
approved budget.
-9-
71 0
^cords and Robo
rts. In addition to an, recuirements
snec%ied in the Management Plan or in other provisions
the Agent will have the followinc
res, ossibilities with respect to records and reports:
�• -he Agent in coordination with the Ownerwillve system of
establish and maintain a comprehensi
records, books, and accounts in a manner confor;ning
to the directives of the Secretary, and satisfactory
to the Consenting Parties. All records, books, and
hours b
accounts will be subject to examination at reasonable
y any authorized representative of the Owner
or either of the Consenting Parties.
b• with respect to each fiscal year ending during the
term of this agreement, the Agent will have an annual
financial report prepared by a Certified Public
Accountant or other person acceptable to the Owner
and Secretary, based upon the Preparer's examination
Of the books and records of the Owner and the Agent.
The report will be prepared in accordance with the
directives of the Secretary, will be certified by
the ownerPrepai and the Agent, and will be submitted to
the Owner within
year, for (60) days after the end
the Owner's of the fiscal
mission further certification and sub -
to the Secretary and the Mortgaco_e. Compensation
for the preparer's services will be paid out of e
Rental Agency Account as an expense of the Projectthth
c- The Agent will prepare a quarterly report comparing
actual and budgeted figures for receipts and disburse-
ments, and will submit each such report to the Owner
within fifteen (15) days after the end of the quarter
covered.
d• The Agent will furnish such information
(ii
di
occupancy reports) as may be requested by the
Ow ng
the Secretary from time to time with respect toner
the or
financial, physical, or operational condition of. the
Project.
e• The Agent will prepare,
52663, Requisition for
Contributions and will
Area or Insuring Office
and Urban Development.
Rental, Agency Account.
on a quarterly basis, Form No.
Partial Payment of Annual
submit the same to the appropriate
Of the Department of Housing
Payments will be deposited to the
y the fifteenth (15th) day of each month
the
furnish the Cwner with ar. hemi. zed list of all Sent will
acc•» nts, inCluding rental accounts, as of delinque;;•.
:ty of the same month the tenth(l0th)
• _10 -
By the tenth (10th) day of each month, the Agcnt will
Lurnish the Owner with a statement of receipts and
Disbursements during the previous month, and with a
schedule of accounts receivable and payable, and re-
conciled bank statements for the Rental Agency Account
and Deposit Account as of the end of the previous
month.
T_f, after the Project reachessustaining (95%) occupancy,
the rental collections plus HUD subsidy fall below
operating expenses.for a sustained period of sixty (60)
days, the Agent will immediately send written notifica-
tion of the same to the appropriate HUD Area/Insuring
Office.
�• Except as otherwise provided in this Agreement, all
off-site bookkeeping, clerical, and other management
overhead expenses (including but not limited to costs
of office supplies and equipment, data processing
services, postage transportation for managerial
personnel, and telephone services) will be borne by
the Agent out of his own funds and will not be treated
as Project expenses.
19. Fidelity Bond. The Agent will furnish, at its own expense,
a fidelity bond in the principal sum of forty thousand
Dollars ($40,000), which is at least equal to the gross
potential income for two months and is conditioned to
protect the Owner and the Consenting Partie^ against
misappropriation of Project funds by the Agent and its
employees. The owner shall provide a bond of a like kind
to cover the on-site personnel expressed in Section 15 and
it shall be paid for from project income. The other terms
and conditions of the bond, and the surety thereon, will be
subject to the approval of the Owner and the Copsenting
Parties.
20. Bids, Discounts, Rebates, etc. The Agent will obtain
contracts, materials, supplies, utilities, and services on
the most advantageous terms to the Project, and is authorized
to solicit bids, either formal or informal, for items that
can be obtained from more than one source. The Agent will
secure and credit to the Owner all discounts, rebates or
commissions obtainable with respect to purchases, service
contracts, and all other transactions on the Owner's behalf.
21. Social Services Program. The Agent will be responsible to
the Owner for carrying out the social services program
described in the Management Plan.
`�" 'dant-:lana,jemCnt Relations. The Ayent •ill
ass.ist residents of the encourage and
=eProject in forming and maintaining
ipresentative organizations to promote their common
nterests, and will maintain good -faith communication with
Poch organizations to the end that problems affecting the
Project- and its residents may be avoided or solved on
the
basis of mutual self-interest.
23• On -Site M6ana ement Facilities. Subject to the further
Owner and Agent as to more specific terms,
the Agent will maintain a management office within the
Project and the Resident Manager. will reside in one of the
agreement of th�_dwelling units in the Project, and the Owner will make no
rental charge for the office space.
24. Insurance. The Owner will inform the Agent of insurance to
with respect to the Project and its operations,
be carried
and the Agent will cause such insurance to be placed znd
kept in effect at all times. The Agentwill pay premiu=s
Out of the Rental Agency Account, and premiums will be
treated as operating expenses. All insurance will be
placed with such companies, on such conditions, in such
amounts, and with such beneficial interests appearing t^errcc
as shall be acceptable to the Owner and Consenting
Parties, and shall be otherwise in conformity with the
mortgage; provided that the same will incl
coverage, with the Agent designated uaz public Nabi;, as one of. the . e well as the Ownere4
furnish ,
in amounts acceptable to the Agent as
and the Consenting PartiesThAgent will investigate s^,!
the Owner with full reports as to all accidents,
claims, and potential claims for damage relating to the
Project, and will cooperate with the Owner's insurance in
connection therewith.
25. Compliance with Governmental Orders. The Agent will take
such actions as may be necessary to com 1• prompt,
any and all governmental orders or other requirementsrth
affecting the Project, whether
.or
by Federal, state.
county or municipal authority, subject, however, to tlir
limitation stated in Subsection l3e with respect to repairs.
Nevertheless, the Agent shall take no such action as
the Owner is contesting, or has affirmed its intention t;
contest, any such order or requirement. The Agent will
notify the Owner in writing of all notices of such ordrr<
or other requirements, within seventy-two (72) hours fl'0-
the time of their receipt.
25. !iscrimination. �n the performance of its obligations
under this Agreement, the Agent wi.].1 comply with the
arovisions of an.;F,feral, state or local
law Prohibit i n -a
0 -12- 0
discrimination in housinq on the grounhs of race, color,
sex, creed or national origin including Title VI of the
Civil rights Act of 1964 (Public Law 89-352, 78 Stat. 241),
all reauirements imposed by or pursuant to the Regulations
of the Secretary (24 CFR, Subtitle A, Part 1) issued
pursuant to that Title; regulations issued pi:rsuant to
Executive order 11063, and Title VIII of the 1968 Civil
Rights Act.
27. Agent's Compensation. The Agent will be compensated for
its services under this Agreement by monthly fees, to be
paid out of the Rental Agency Account and treated as Project
expenses. Such fees will be payable on the fifteenth day
of each month for the months February, 1977 through January,
1979.
a. Each such monthly fee will be in an amount equal to five
percent (58) of gross collections received during the
preceding month. Gross collections include tenant paid
rent and Housing Assistance Payments made on their behalf
and income from other sources such as coin-operated
laundry equipment.
b. The monthly fee stipulated in paragraph 27a above will
be paid starting ninety days prior to the date of initial
occupancy on the basis of one hundred pcent (1003)
occupancy. After initial occupancy the fee will be
based on units occupied on the last day of the previous
month.
28. Term of Agreement. This Agreement shall be in effect for a
period of two years, beginning on the first day of ^lord=,i�pri
1977, and ending on the thirty-first day of saaaaa-ry, 1979,
subject, however, to the following conditions: Morch ��p.
a. This Agreement will not be binding upon the Principal
Parties until endorsed by the Consenting Parties.
b. This Agreement may be terminated by the mutual consent
of the Principal Parties as of the end of any calendar
month, provided at least ninety (90) days advance written
notice thereof is given to the Consenting Parties.
d. In the event a petition in bankruptcy is filed by or
against either of the Principal Parties, or in the event
either makes an assignment for the benefit of creditors
or takes advantage of any insolvency act, the other
party may terminate this Agreement without notice to the
other, provided prompt written notice of such terminaticn
is given to each of the Consenting Parties.
-13-
(t Js expressly underst.00rl and agreed by �nrl between
the ;'rincipal Parties that the Secretary or the ?Mortgagee
shall have the right to terminate this Agreement at the
cnd of any calendar month, with or without cause, t
ninety (90) on
days advance written notice to each of the
Principal Parties, except that in the event of a
default by the Owner under its Articles of Incorporation
under the obligation of the Mortgagee, the Secretary or
the Mortgagee may terminate this Agreement immediately
upon the issuance of a notice of cancellation to each of
the Principal Parties. It is furt!:-_r understood and
agreed that no liability will attach to either of the
Principal Parties in the event of such termination.
c. upon termination, the Agent will submit to the Owner any
financial statements required by the Secretary and, after
the Principal Parties have accounted to each other with
respect to all matters outstanding as of the date of
termination, the Owner will furnish the Agent security
in form and principal amount satisfactory to the Agent,
against any obligations or liabilities the Agent may
properly have incurred on behalf of the Owner hereunder.
29. Interpretative Provisions.
a. At all times, this Agreement will be suhlject and sub-
ordinate to all rights of the Secretary, an9 will inure
to the benefit of the constitute a bind;_ng obligation
upon the Principal Parties and their respective
successors and assigns. To the extent that this
Agreement confers rights upon the Consenting Parties,
it will be deemed to inure to their benefit, but without
liability to either, in the same manner and with the
same effect as though the Consenting Parties were
primary parties to the Agreement.
b. This Agreement constitutes the entire agreement between
the Owner and the Agent with respect to the management
and operation of the Project, and no change will be
valid, unless made by supplemental written agreement,
executed and approved by the Consenting Parties as
well as the Principal Parties.
C. This Agreement has been executed in several counterparts,
each of which shall constitute a complete original
Agreement, which may be introduced in evidence or used
for any other purpose without production of any of the
other counterparts.
-14-
0
0
%IiNESS '111FREOF, rhe Principal Parties (b}' their. dul}
i`-nor1z �`=iters) have executed
.'irst above written. this Agree�ent on the date
OWNER:
Midstates Develo „lent, Inc.
By
Title: E�Lo�yP
Witness:
(
AGENT:
Iowa City Housing Autho-itv
By / n
11 A o i
Title: Mary C. Neuhauser,
%3V0r
Witness -
0 -15- 0
ENDORSEMENT OP CONSENTING PARTIES
_:ortga ee's endorsement:
i
Date:_��7_ 7 �7G
F4--/ mfr' sf7Z as the mortgagee identified
in t.ne foregoing Managemen�j Agreement dZ.o
by and between i ated // X71.
1�✓i�% ice, and
hereby consents to
sa d agreement.
MORTGAGEE:
By:
Title:
Witness:
Secretary's endorsement:
Date: November 4, 1976
The Secretary of the Department of Housing and Urban Develop-
ment hereby consents to the foregoing Management Agreement,
dated July 20, 1976 by and between Midstates DeVelooment Inc.
and Iowa City Housing Authority
Title:
Dev.
::rc'osure f -
arxi =CI City ibusinent l� cement i;etitien Atidstates tkvelo
] Author_ty ixnent, Inc.
Responsibilities and Delegation of Authority
"id
the a eg nel mainterance and e_) retains cxnplete responsibility for
the ta•a a
LTple�rt t.�e mymager �t lan d Operation of the project. Authority to
Housing Authority as manages agent. hheereby delegated to the Iowa City +
The ower will:
a• Provide to the agent a copy of the Regulatory Agreement, Housing
Assistance Paym nts Contract, all warranties on the building and
any equiITent contained therein, and a detailed manag�t plan
approved by HIID.
b. Provide accounting services
establish and maintain arra assistance as may be necessary to
eappropriate bank accounts.
C- Provide at no cost to the rental agency account, the agent or the
Resident :Manager one room in each building suitably furnished for use
n an Office. Minimum to include one desk, t c> chairs, one fife
one small safe, one telephone arra one bulletin board.
cabinet,
d• Provide legal assistance as may be required to irry�i t the
management plan.
9
1
LJ
•
>'a-L19crent greerrent between xidstates veloarent, Inc.
a^.c =cr,;a ty Housing Authority
�.ltl•_S O� Zhe Management Agent
a. e,ssist in the development of the detailed management plan for
owner submission to HU:).
b. Participate, as requested by crner, in remaining stages of
development and const -action of the project. This participation to be
limited to review of propos
project. ed changes and their effect on managing the
c. Prepare for cx„ners approval and submission to HUD the first year
operating budget.
d. Prepare Initial Estimates of Required Annual Contributions; Esta, to
of RecfJired Annual Contributions; Estimate of Total Required Annual Contribu-
tions; Requisition for Partial Payment of Annual Contributions.
e. Participate in joint sessions, with owner's accountant, in establishing
required records and accounts. This will include a system for receiving
and depositing monies in the accounts Receivable and Payanenc of Accounts in
the name of the project.
HUD. f. Participate in the on-site inspections of the project, required by
g. Carry out the marketing plan prescribed in the _Management Plan.
h. Select and hire a person or couple to perform the functions of the
Resident Manager for each of the two buildings. Supervise their performance
making changes as necessary.
i. Negotiate contracts for the performance of maintenance on the
following iters:
1) Elevators maintenance
2) Appliances (stoves, refrigerators, disposals, exhause fans) main
3) Heating and cooling units maintenance
4) Llectrical and plumbing facilities maintenance
5) Swa removal
6) Insect and rodent control
7) Lawn and yard care
8) Painting
9) Glass replace -neat
10) Furniture repair/replacesrent
)1) tartare and trash removal
- ) in'4ow washing (exterior)
Pace 2
Qnclosure 2 •
•
ave and process applications
to i.nclur3e notification of
hos rot eiiciible. Maintain a waiting list.
`c "t tenants and provide orientation.
1' -nfo ce rules of occupancy to j-1clude eviction action if recraired.
area.
P'ovide counseling and refer appropriate agencies in social services
n• Develop and coordinate a recreational program to greet tenant needs.
o. S':xxvise collection of rent.
Account. Receive and deposit in Rental Agency
P• Develop janitorial. schedules to ass
cleanliness ure proper maintenance and
of ccmron spaces, sidewalks, parking. lots and grounds
q• I view and approve Work or service requests for repairs and
tenance of units, co mnn areas and grounds.
main -
r' L-lspect Project once each week.
S. arch—'Zej after conpetitive pricing, of all mate-i=ls and Plies necessary for the care
and maintenance of the project.
t. envelop and maintain an inventory of all capitol and non -capitol
iters. This will include a description of the item, its value, location and
condition.
U- Obtain and maintain a
bulbs, etc. small stock of expendable items such as glass,
v Annual certification of
tenant eligibility.
w. Provide a 24 hour capability for receipt'
of and action on em'rgency
calls for assistance from tenants of the project.
x• In coordination with owner, select and maintain appropriate
insurance on the property.
0
9
Enclosure : - -+anagerre.-It ,'�gre-ement Bete, —n Midstates Development, Inc.
a:xl -ooa C ty 'mousing Authority
Duties of Resident Manager
_he agent Will select and hire a person or couple who will be resnorsible
to the agent for rerfonTance of the duties described �laa- it is
anticina.-d that thP person or couple will be an eligible tenant and will
pay rent according to projected income.The Resident Manager will be the
direct contact with tenants and as such will receive assistance as
required frcm both Owner and agent. Tto such positions will be filled,
i.e. one for each building. Neither manager will have authority over the
Other and complete unobstructed cooperation with each other is essential.
a. In coordination with agent, assign tenants to specific units.
b. Provide orientation to assigned tenants to include operation of
appliances, care and maintenance of unit and appliances, procedure for
requesting assistance, repairs or filing complaints.
c. Collect rent from tenants follauing schedule provided by agent.
d. Perform annual financial review for each tenant.
e. Provide 11 rent delinquent list to agent and notices' to tenants.
f. Receive requests for maintenance frau tenants.
. g. Clean public areas on a semi-weekly basis or as needed to maintain
to the satisfaction of the agent.
i
h. Visually inspect the hallways, public use areas, parking lot, etc.
on a daily basis.
i. Maintain a service request capability on a daily basis between
8:00 a.m. and 5:00 p.m. weekdays and on emergency call basis at all other
times.
j- Coordinate the recreation and social program for building.
k. N.ake referrals to the agent for counseling and similar actions.
1- Remove snow from side,,alk surrounding building and to parking , -
and/or street.
m• Replace bulbs, repair faucets and perform similar tasks of preventiveP-
maintante as directed by agent and within physical capabilities.
AGREEMENTS/CONTRACTS
Attached are _ unexecuted copies of
I Pc l/^_7C,D
as signed by the Mayor.
After their execution by the second party, please route
1)-A ,1d-skiFc
2) 1L1 d sfr &'r
3) ,0'1- fY 0 le ✓k
4) '4/1d,n-1-4IPs_��,�o
S) ,7
to be responsible for
completion of this procedure.
Abbie Stolfus
City Clerk
RESOLUTION NO. 76-299
RESOLUTION AUTHORIZING THE FINANCE DEPARTMENT TO TRANSFER
FUNDS TO THE JOHNSON COUNTY COUNCIL ON AGING.
1VHERFAS, the City Council budgeted funds to meet the needs of senior
citizens in FY 77, and
i54TI72EAS, the City Council deems it in the public interest to transfer
finds in the amount of $10,000 in FY 77 to the Johnson County Council on
Aging, and
WHEREAS, the Johnson County Council on Aging will provide direct service
and will sponsor programs which will directly benefit the senior citizens in
Iowa City, and
and WHEREAS, Johnson County Council on Aging is a non-profit organization,
WTOZEAS, the City of Iowa City is empowered by the State to make gifts
to other public agencies for public purposes,
NOW, THEREFORE, be it resolved by the City Council of Iowa City, Iowa,
that the staff be directed to transfer funds to the Johnson County Council on
Aging.
It was moved by Balmer and seconded by Foster
that the Resolution as rea e a opt , and upon roll call t ere were:
AYES: NAYS: ABSENT:
x
Balmer
x
deProsse
x Foster
x Neuhauser
x Perret
x Selzer
x Vevera
Passed and approved this 24th day of August
1976.
Attest: - v
>ty erc
1375
RECEIVED JUL 2 9 f976
Johnson County Council on
538 South Gilbert Street
Iowa City, Iowa 52240
July 27, 1976
Cit Noel G. Berlin, City Manager
y Iowa City
Civic Centor
410 Fast Washineton
Iowa City, Iowa 52240
Dear Mr, Berlin:
Aging
The Finance
on Aging Board of Committee of the Johnson County Council
to
cuss financial Directors met last Tuesday. July 20,
woulddislikeallocated fundsrfromdthe to tide on how we
bursed to COA. City Council dis-
The Finance Committee and the Board voted to write
the initial letter to the City Council to advise on the
disbursement of funds, after which the COA will submit
a monthly itemized voucher requesting other monies based
on needs.
Beginning August 1 th<.
a check in amCouncil on Aging requests
ount of $1.000,00, made payable
County Council on Aging to Johnson
ditures: to cover the following expen-
Salary (director)
Insurance (BC/BS) mo. $833.33
Travel (mo./ in county) 27.60
Phone 50.00
Postage 26.90
Supplies 26.00
36.00
We trust that this arrangement is acceptable and
will meet ,your app^oval.
Thank you for your support of our organization.
We look forward to a working relationship with the City
Council in the future,
Sincerely,
Mary Rock.
Chairman
• ADVED JUL 2 9 1976
Johnson County Council on Aging
538 south Gilbert Street
Iowa City. Iowa 52240
July 27, 1976
Mr. Neal G. Berlin, City Manager
City of Iowa City
Civic Center
410 Fast 'daIowag52240
Iowa City,
Dear Mr. Berlin: Council
Board of Directors met last Tuesday,
on Aging Bo July 20.
The Finance Committee of the Johnson County
to discuss financial matters and to decide on how w
would like allocated funds from the City Council dis-
bursed to COA. write
the
The Finance Committee and the Board voted o
the initial letter to the City Council to advise on
then submit
disbursement of fan vouafter which monies
cher requesting
a monthly itemize
on needs.
Beginning August 1 the Council
a check in amount of $1,000-0010 made
County Council on Aging to covr th
ditures:
Salary (director)
Insurance (BCiBScounty)
MO -
Travel (mo./
Phone
Postage
on Aging requests
payable toJoohnson
e following 0
$833.33
,27.60
50.00
26.90
26.00
36.00
Supplies
We trust that this arrangement is acceptable and
will meet your approval.
Thank you for your support of our iporganization.
with
the City
We look forward to a working relationship with
Council in the future.
siinnccersely,
Mary 116ck.
Chairman
MR/be
Form. 662
tt•:a IO'* STATE HIGHWAY CONNISSION
Application for use of Irtty_ JohUson
Highway Right of Way fpr
Utilities Accommodation Permit No.
Applicant':
(Name of Owner)
410 E. Washington St.
(Address) Iotas City lv
ioa
(City) 52240
Iuwa State Highway Commission (Sate) (ZAP Code)
Ames, Io•aa
Gentlemen':
Approval is hereby requested for the use of Primary Highway U-S—tel8 Nine (09)
T 79\r R 6W Joh son (Number) in Sec.
� ,
N. A. from within the corporate limits of I
(Direction)
at Highway Station(s) No.
32+$0 to 48+00 (Place,. Town,
line for the transmission for the acro
issioa or_ Power to an eeistinia street linh
The installation shall consist of a burled 3_r' steel
_.._and will be located as shown on the detailed slat attached hereto.
County N.
miles,
of an underground steel conduit enc
tem
AGREEMENTS!: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the permittee)
agrees that the following stipulations shall govern under this permit.
L The location, construction and maintenance of the utility installation covered by this application shall be in accordance with the current
Iowa State Highway Commission Utility Accommodation Polley.
2. The Installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulatioas, regula.
Lions and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa State Department of Health, all rules and regula-
tions of the Iowa State Highway Commission, and any other laws or regulations applicable.
3. The Pemittee shall be fully responsible for any future adjustments of its facilities within the established highway right of way caused
by highway construction or maintenance operations.
4.
e lo-wa
ata Highway
MInission shall give the
ee at least 48 hours written notice of any Proposed
workon either
existing or newly acquired ght•orway,tha is likely to conflict with the installation belonging o thestruction or Pe -mitten, in order that
the Permittee nay amage to protect its facilities.
S. The State of Iowa and the Iowa State Highway Commission assume no responsibltity for damages to the Permittee's property occasioned by
any construction or maintenance operations on said highway.
6. The Per..lttee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard liven and property of the traveling public and adjacent property owners.
7. The Permittee agrees to give the State Highway f.mnmisslon forty-eight hours' notice of its intention to start construction on the h
right-of-way. Said notice shall be made In writing to the Engineer whose name is shown below. ighway
w right-
ithin the right - The Pea agreesot-way. Said
id noticn shall be to the Engoeorat all times give the Iowa State
wHighway Commission timely notice of intention to perform routine malatenance
whose name is shown below.
9. The Perlittee, and its contractors, shall carry on the construction or repair or the accommodated utility with serious regard to the safety
Of the public. Traf.^.c Pcotoctlon shill be In accordance with part VI of the current Iowa State Highway Commission mamral on Uniform
Traffic Controls.
ili;:hway Commission personnel may supervise Daggtng operations where considered necessary by the Engineer. The original place-
ment of st,as and removal on completion of the work shall be accomplished by the (Perraittee) (Highway Cpmmisslon).
(cross out one)
1. �-7