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HomeMy WebLinkAbout1978-09-26 ResolutionfQICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA , 2 RESOLUTION NO. 78-429 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY. COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for _ ' the following named person or persons at the following described locations: Earle N. Grueskin, partner in Dividend Bonded Gas, 302 South Dubuque Said 'approval shall be subject to any conditions or restrictions hereafter, imposed by ordinance or state law. i The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same 'together a, „I with the licensefee, 'surety ,bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. I It was moved by Perret and seconded by Roberts f that the Resolutionas read be adopted, and upon roll call there were: AYES:, NAYS: ABSENT: Balmer X i deProsse x X Erdahl Neuha user x Perret x 1 Roberts x i Vevera x Passed and approved this 26th', day of September 19 78 az —&- . Mayor !- 1 Attest: City Clerk 739 141CROFILI-IED BY c)I JORM. MICR+LAB.' I CEDAR RAPIDS • DES MOINES t•IICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA RESOLUTION NO. 78-434 i' RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF TFIP RTVPR F1)RRTT)OR SPIVPRS PROTE.r T DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID', HEARING, AND DIRECT- ING CITY. ENGINEER. TO PLACE SAID PLANS, FTC., ON FILE FOR PUBLIC " • , ,,"." .INSPECTION.. BE IT RESOLVED BY, THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. That apublic hearing on the plans, specifications, form of contract, and s estimate of cost for the construction of the above-named project is,to be held on the 3rd day of October1978 , at 7:30 P.M. in the Council .Chambers, Civic Center, Iowa City, Iowa. 2. . That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not : less than four (4) nor, more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for t the construction of the above-named project are hereby ordered placed on.file by the City'Engineer in the office of the City Clerk for public inspection: IIt was moved by. - Perret and seconded by Roberts'. that the Resolution as read be adopted, and upon roll call there were: i AYES: NAYS: ABSEPR': z BALM f z dePROSSE x ERDAIIL Nbl)HAUSER i K PERRET ' ' K ROBERTS i- d x VEVERA Passed and approved this 26th day of September 1978_ i &36rg Or r Mayor ATTEST: - " Received & Approved City Cler By The legal Department 17y3 MICROFILMED BY bill JORM MICR6LAB .. - CFD AR $APIDS DES MOINES i4ICROFILMED BY JORM 141CROL.AB • CEDAR RAPIDS AND DES MUMES, ID'AA • IgICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES 1401NES, IOWA' i RESOLUTION NO. 78-435 I RESOLUTION APPROVING PRELIMINARY _b FINAL PLAT OF ASUBDIVISION OF PART OF SECTION 17, TOWNSHIP 79 NORTH, RANGE:6 WEST IOWA CITY, IOWA, (KINGDOM SUBDIVISION)- li WHEREAS, the owner and contract purchaser, has filed with the City Clerk aplat and subdivision of the following described premises located �,. in Johnson. County, Iowa, to -wit: !' Commencing at the Northeast corner of the Southwest i ,. Quarter of the Northeast Quarter of Section 17, , Township 79 North, Range 6 West of the 5th Principal 1. Meridian; thence South feet on the East line of t the Southwest Quarter of the Northeast Quarter of Section'. i 17, being also the East right-of-way line of`Emerald-Street; ! thence N 88029'00" W 66.02 feet to the West right-of-way 'line of said Emerald Street and the point of beginning; thence i South 218.60 feet onsaid right-of-way line; thence South- . aid ri ht-of-wa line on a 15 6 feet on s Y. westerly 23.8 g weste Y , j foot radius curve concave Northwesterly whose chord bears, AI S'45°34'30" w, 21.42 feet to the North right-of-way line of West Benton Stree; thence N'88°51'00"W, 205.95 feet on said k right-of-way line; thence N 00°05'30" W, 235.34, feet; thence } 3 S 88°29'00" E, 221.68 feet to 'the point of beginning. Said .4 - tract .containing ,1.19 acres. K S BREE R and the contract WHEREAS saidro property by W. H. :.i. purchaser is IOWA CITY CONGREGATION OF JEHOVAH'S WITNESSES, INC., and the ;- dedication hasbeen made with the free consent and in accordance with the I desires of each of them.. WHEREAS,. -said platand, subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements, and i has been approved by, the Planning and Zoning Commission of Iowa City. j � approved. acce ted and.1 WHEREAS, said plat and ,subdivision should be p WHEREAS, because of a mistake in the property description, it is I necessary to adopt this Resolution superceding,Resolution No. 78-389. NOW, THEREFORE, BE IT RESOLVED by. the City Council of Iowa City, i .. Iowa a 1. 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. 1 7y7 141CROFILIIE0 BY - JORM MICR+LAE3 r l - CEDAR RAPIDS •. DES 1401415 MICROFILMED BY JORM,MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA : a Res: No. 78-435 2 ` 2. This. Resolution supercedes Resolution No. 78-389 passed and approved on August 22, 1978. BEIT,FURTHER RESOLVED that the City Clerk of Iowa City is hereby authorized and directed to certify a copy of this: Resolution to the County - Recorder of Johnson County, Iowa. IT WAS MOVED BY Roberts and seconded. by. Neuhauser that the Resolution as read be adopted and, upon roll call there were AYES: NAYES: ABSENT: X Balmer X deProsse X Erdahl t X Neuhauser X Perre t e i X Roberts X Vevera PASSED AND Approved this 26th day of September ejl 1978. MAYOR ATTEST: MICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA ti } I' CERTIFICATE We, the undersigned Clerk and Mayor of the City of Iowa City, Iowa, do hereby certify that the foregoing Resolution is a true and exact copy of the Resolution adopted by the Council of the City of Iowa 'City, Iowa,'at'' a regular meeting held on the 26th day of Septpmbpr -' 1978. 6�4�y<�—zc� I ROBERT A. VEVERA, MAYOR i ATTEST:9�L / �J A BIE STOLFUS, C TY CLERK STATE OF IOWA, JOHNSON COUNTY) SS: ON THIS'D day of 4978, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert A. V v ra and Abbie Stolfus to me personally known, who, being by me duly sworn, did say that they are; the Mayor and City Clerk respectively, of the said municipalcorporation f executing the within and foregoing instrument; that 'said .instrument was 1 signed on behalf of the said municipal corporation by authority ofits Board of Directors, that the said Robert A. Vevera and Abbip Stolfus as such officers acknowledged the execution of said instrument to be the voluntary act and',deed of said corporation, by Y it and b them voluntarily executed NOTARY PUBLIC in and fors id State. t I f i I i I MICROFILMED BY , 6 'R B JORM MIC LA CEDAR RAPIDS •. US MOINES IAICROFILMEDBY JORM MICROLAB CEDAR RAPIDS AND LES I•IOINES, 10WA 4' 2 SECTION 4. PROPERTY. COVERED. The property covered by this Agreement is described as follows, to -wit: Commencing at the Northeast corner of the Southwest Quarter of the Northeast Quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence South - 1060.00 feet oil the East line of the Southwest. Quarter of the Northeast Quarter of said Section 17, being also the East right-of-way line of.Emerald Street; thence'N 88029'00" W 66.02 feet to the West right-of-way line of said Emerald {' Street and the point of beginning; thence South .218.60 feet on said riglt-of-wayline;:thence Southwesterly 23.86 feet on said right-of-way line on a 15foot 'radius curve concave Northwesterly whose chord bears S 45034'30" W, 21.42 feet to the North right-of-way line of West Benton Street; thence 7 N 88051'00" W', 205.95 feet on said riglito-of-way line; thence N 00 05'30" W, 235.34 'feet; thence S 88 29 00 E, 221.68 feet } to the point of beginning. Said tract 'containing ..1.19 acres. 1 SECTION 5. BUILDING PERMIT AND ESCROW MONIES., It is Further provided, however,'that in the event the subdivider its assigns or successors in interest, should desire a building permit on any lot in said subdivision for which sanitary sewers are not installed, the Subdivider L. or successors in interest, shall deposit with the Clerk in an r its assigns i an;amount equal to the cost of said improvements plus lO percent thereof �. escrow determined by the City Engineer's office of the City of Iowa, City, Iowa. S as l; .E When saidfunds are deposited, then in that event, the Building Inspector I. in omit provided that the of the City of Iowa City shall issue a building P P I. 1grp G applicant complies with all other requirements and ordinances of said City. '.i SECTION 6.. OCCUPANCY PERMIT.. P' tcraft B Prior; to the issuance of any ,occupancy P for any building erected in its discretion may require pursuant to Section 4, the City the Subdivider, its assigns or successors in interest, to construct and install such {{ improvements as stated in Section 1.. .I i ES. C TION 7. USE OP'ESCRO W MONIES. SC I if, after the issuance of an occupancy permit, the improvement as stated in Section 1, have not been constructed and installed, the City may funds deposited in escrow to construct and install such improvements. { use any Should the cast of construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all the lots abutting or in front of which said improvement are made. any The City shall refund to the deposit Y escrowmonies not used b of the City after thecons[rucCion and installation of such improvements. MICROFILMED BY DORM MIC R+LAS i .CEDAR RAPIDS' • DES. MOINES MICROFILMED BY JORM 14ICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA 3 1. SECTION 8. WAIVER. A) In the event the Subdivider, its assigns or successors in interest, should sell or convey lots, in said subdivision without .having had constructed - or installed sanitary sewers; or if the Subdivider, its assigns or successors Ili interest lor'the owners of tile lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said-improvementsand the costs of said improvements shall be a lien and ...� charge against all the lots abutting orin front of which improvements are S - madeand any lots which may be assessed for improvements under the provision i. of Chapter 384 of the Code of Iowa. The cost ofsuch improvements need not I�meet the requirements. of notice, benefit or value as provided by law of li the State of Iowa for assessing suchimprovements. It is further provided that this requirement to so constructsaid improvements is and shall remain ie date until released as hereinafter provi from the y e provided. _; ..:. alien .j. .The City ',agrees that when such improvements have been installed to the i satisfactionof the City, it will immediately. file in the Office of the County, Recorder of Johnson County, Iowa, al good and sufficient release to various lots in said subdivision so that this Agreement, will not constitute a cloud », upon the title of the .lots in said subdivision i 8) As an alternative to sub -paragraph A) above, the subdivider may.. / deposit in escrow a sum equal to one-fourth of the cost of construction or 1 installation of sanitary sewers and sidewalks with the City of Iowa City. In return, the City shall be prevented from placing a lien on any lot for which the money has been deposited. That money shall be deposited in escrow r with the City. The sum to be deposited shall be approved by the City, based upon estimates or accepted contracts by and between the. Subdivider and Contractor. The City reserves the right to demand a sum equal to ten percent i in excess of one-fourth of the estimnted cost of said improvements. Upon completion of the deposit of money by the Subdivider,' the City shall file of record a release of lien for construction or installation prepare and ' of from Subdivider. purchaser rof a l sidewalks to any urch .. of sewers and Y t MICROFILMED BY `. JORM MICR+LAB r C.CDAR P,APIM •. 005 MINES h1ICR OFILMED BY JOkM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA 4 It. is the intent ofthe .Subdivider and the City to release any purchaser of lots from the responsibility of installing sewer and sidewalks and it is 7. • agreed by and between the Subdivider and the. City that the sole and complete. responsibility of installing sewers and sidewalks shall. be that of the Sub— divider and that the money placed in escrow. for !this purpose should not be -released until said improvements have been inspected and approved by the City. SECTION 9. STREET MAINTENANCE.. It is further provided that the Subdivider and its assigns and successors in interest agree that the publicservices including but not limited to street maintenance, snow removal, rubbish and garbage collection need not be extended in said subdivision until the pavement is installed and accepted by the City. SECTION 10. SUBSTITUTED AGREEMENT. I The parties agree that this agreement supercedes an earlier agreement a ' between them dated August 23, 1978, and recorded at Book 526, page 58 Records i of the Recorder! of Johnson County, Iowa.' DATED this: 3111 day of oekohe'j 1978, at Iowa City, Iowa'. IOWA CITY;IOWA ' Maya ' Clerk�i I' W. H. BREER � i)VjN/I IOWA CITY C S . I WITNESSES,1 NC. '.. B L.y i B i BY ' MICROEILMCD 9 JORM MICR+LAE3 CEDAR RAPIDS • DtS 1101NES f�lCROFILI4ED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOW 4 5 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ON THIS 13,Ek' day of. 1978, before me, the undersigned, a NotaryPublic in and for the State of Iowa, personally appeared ! Robert A Vevera and Abbie Stolfus to me, personal lyknown, who, .being ,by me duly sworn did say that they are they Mayor and City Clerk respectively of the said municipal corporation executing the within and foregoing instrument; that said instrument was signed on behalf of the said municipal corporation by authority of its Board of Directors; that the said Robert A. Vevera and Abbie Stolfns as such officersacknowledged the execution of said instrunent-to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.-Q..tyL1-�'-M�.9� Notary Public in and for'rsai .tate - STATE OF IOWA. ) SS: JOHNSON COUNTY ) ON THIS 11th 'day of Octoberi 1978, before me, the undersigned, of Iowa, personally. appeared R.H. Coffma a Notary Public inland for the Staten , and Howard L+nn -.to me, personally known, who, being by me duly sworn, did say that they are the President and Secretary respectively 1 -. of the sa1dIowa City Congregation of Jehovah's Witnesses, Inc., executing m the within and foregoing instrument; that the said instrument was signed on behalf of said corporation and by authority of its Board"of Directors; that the said President and Secretar as such officers acknowledged the eaecutio f said instrument to be the j voluntary act and deed of said corpora y it and by th<� ntarily i executed. 1 i ' Notary Public inandfor said State STATE OF IOWA SS JOHNSON COUNTY ) ON THIS 11th day of October 1978, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared W. H. Breer, to me known to be the identical persons named in and who executed that they executed tie tile within and foregoing instrument and acknowledged same as their voluntary act and deed. , Notary Publ c in and for said State. 1. I 1, l RECEIVED & APPROVED BY T LEGAL EP TMENT. 03 qx MICRof1LMED BY . JORM MIC ROLAB :CCDAR RAPIDS• nES MDIHES t4ICROFILMED BY JORMI MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA CEDAR RAPIDS DCS MOIRES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, 10WA y AGRrEMENT WIDEREAS, pursuant to section 299.10 of the Code of Iowa, 3977, schooldistricts having ',a population of 20,000shall appoint.a truancy officer', and, - WIIERF:AS, the Towa city Community School. District, hereinafter referred to school dlstri,:I.' and, the l'iry of Iowa city, .hereinafter referred to as as .'the - the city have reached agreement as to the appointment of a member of the Iowa . city Police Force to be the truancy officer for the school district. NCO 'PIRWiFORI:'. it is agreed by and between the .school district and the Officer Frank Burns of the Iowa City Police Department shall City of Towa City .that be named as the truancy officer for the Iowa City Community School District and 4 that his jurisdiction shall extend to all parts of said school district. agreed that the. officer's duties would be confined solely it is further .truancy and related problems arising fromtruancy, which duties would include' �totruancy .. counseling sessions.. '. I r that Officer Burns would be unable to act as the truancy officer .i In the event }' 3 i district may en the�schoo 1 y time due to illness or vacation, then i I ; Tor. short: periods of from a list of personnell to be furnished by the appoint a truancy officer pro tem Chief of the Iowa City Police Department. , one person will be named The school district agrees thatin the school district officeto channel all school generated requests for truancy •i .'�, gen administrative �;. enforcement to Officer Burns or to the truancy officer pro tem, as the case may be. fl The school district agrees to indemnify, defend and save harmless the City from f and against all claims, suits, damages, costs, losses' and expenses in any mannerI F with the 'responsibilities'of the truant officer as 1 I� rnsuiting from or connected - S. detailed in this agreement. .t receive $]1 r hour or a pro rate for periods of less than The. City shall. r per ` i actually included in assisting with the enforcement of the, - '.. �. one-half hour for time {s j statutes. .truancy Received & Approved 1 De e rtment ° Wal P The 9 B 1 Y ?: s 7r 1760 141CROCILMED BY ari -. J0 RM MICR+LAB. '+ CEDAR RAPIDS DCS MOIRES QCROFILMED BY JORM 14ICROLAB CEDAR RAPIDS AND UES MOINES, IOWA