HomeMy WebLinkAbout1979-03-13 ResolutionRESOLUTION N0. 79-102
RESOLUTION APPROVING CLASS C Li uor
LIQUOR CONTROL LICENSE APPLTUTION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Claes C Liquor Control License application
is hereby approve or the following named person or
persons at the following described location:
B.P.O. Elks #590, 637 Foster Road
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law,
The City Clerk shall cause a recommendation for approval
to 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 Neuhauser and seconded by Perret
that the Resolution as rea a adopted, and upon_r_oT1 caTT
there were:
Passed and approved this 13th day of 'March 19 79
r �
Attest:
City Clerk
Mayor
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IdDInEs
AYES: NAYS: ABSENT:
Balmer
x
deProsse
x
Erdahl
x
Neuhauser
x
Perret
x
Roberts
x
Vevera
x
Passed and approved this 13th day of 'March 19 79
r �
Attest:
City Clerk
Mayor
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IdDInEs
I
RESOLUTION NO. 79-103
RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
B.P.O. Elks #590, 637 Foster Road
Said approval shall be subject to any conditions or restrictions
hereafter imposed by ordinance of state law.
The City Clerk shall cause a recommendation for approval to
be endorsed upon the application and forward the same together
with the license fee, bond, and all other information or docu-
ments required to the Iowa Beer and Liquor Control Department.
It was moved by Neuhauser and seconded by Perret
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Erdahl x
Neuhauser x
Perret x
Roberts x
Vevera x
Passed and approved this 13th day of March
19 79
Attest:
City Clerk
r
Mayor
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
IrAffAEA
RESOLUTION NO. 79-104
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLiCAT7t3A
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approv�ior the following named person or
persons at the following described location:
Rugger -Burns Restaurant, Inc. dba/Gringo's, 115 E. College St.
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Neuhauser and seconded by Per et
that the Resolution as read be adopted, and upon rollcall
there were:
AYES: NAYS: ABSENT:
Balmer y-
deProsse
Erdahl x
Neuhauser x
Perret x
Roberta
Vevera x
Passed and approved this 13th day of March 19 79
Mayor
Attest:
City Clerk
y99
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
Ij
d
RESOLUTION NO. 79-105
RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Classr t e fSunday Permit application is
hereby approved foollowing named person or persons at
the following described location:
Rugger -Burns Restaurant, Inc. dba/Gringo's, 115 E. College 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 Neuhauser and seconded by Perret
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Erdahl x
Neuhauser x
Perret x
Roberts x
Vevera x
Passed and approved this 13th day of March 79
19 79
Mayor
Attest:
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIIIES
y99
RESOLUTION NO. 79-106
h
RESOLUTION APPROVING CLASS C Liquor
LIQUOR CONTROL LICENSE APPL
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Claes ___X� Liquor Control License application
is hereby approved for the following named person or
persona at the following described location:
Sheep's Head, Ltd. dba Sheep's Head Cafe, 209 North Linn St.
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Neuhauser and seconded by erret
that the Resolution as read e —badopted, and upon ro l call
there were:
AYES: NAYS: ABSENT:
Balmer y_
deProsse
Erdahl _x _
Neuhauser x _
Perret x
Roberta x
Vevera x _
Passed and approved this 13th day of March , 19 79
Attest: f�a
City Clerk
Mayor
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1101?1E5
s0o
RESOLUTION NO. 7979
RESOLUTION OF APPROVAL OF CLASSq ' SUNDAY
PERMIT APPLICATIONLiquor'
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor _ Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
Sheep's Head, Ltd. dba Sheep's Head Cafe, 209 North Linn 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 Neuhauser and
- that the Resolution as read be adopted5eandded uponyro lerret call there
were:
AYES: NAYS: ABSENT:
Balmer
Ix
deProsse x
Erdahl
x
Neuhauser x
Perret x
Roberts
x
Vevera x
Passed and approved this 13th
19 79 day of March
Mayor
Attest: L l
City Clerk
s'oo
/ MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IIOINES
r
Y
(I
v RESOLUTION NO. 79-108
RESOLUTION TO REFUND CIGARETTE PERMIT
WIIEREAS, Dennis Ellis dba/0'Brien's at 119 Iowa Ave.
In Iowa City, Iowa, hes surrendered cigarette permit No. 79-143
expiring
June 3079
I 19 and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 79-143 , issued to nannic F11ic rlha/O'Bri n'c
t
be cancelled, and
i
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized and directed to drew a warrant on the General Fund in the amount of
$ 25.00 payable to Dennis Ellis dba/O'Brien's
as a refund on cigarette permit No. 79-143 .
It was moved by Neuhauser and seconded by Perret
that
the Resolution as reed be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer
deProsse
Erdahl _X
Neuhauser X
Perret X
Roberts X
Vevera X
Passed and approved this 13th day of March , 1979
Mayor
Attest: Gu i
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 140HIEs
SO/
RESOLUTION NO. 79-109
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:
Taco Grande of Southeast Iowa, Inc. dba Taco Grande, 331 E. Market St.
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
i The Cityy 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.
IIt was moved by and seconded byPerrpt
that the Resolution as read be adopted, and upon-r—oll ca
ll
there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Erdahl x
Neuhauser x _
Perret x
Roberts x
Vevera x
Passed and approved this 11th day of March , 19 79
Mayor
Attest:
City Clerk
5-0 2 -
MICROFILMED
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1,1011iES
I �L�
RESOLUTION NO. 79-110
RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class B Beer Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
Taco Grande of Southeast Iowa, Inc. dba Taco Grande, 331 East Market 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 Neuhauser and seconded by Perret
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Erdahl x
Neuhauser x
Perret x
Roberts v
Vevera x
Passed and approved this 13th day of March
19 79.
Mayor
Attest: u�J
City Clerk 14
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MONIES
.562
ESOLUTION NO. 79-111
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLiL'A1 M
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class �C_ Liquor Control License application
is hereby approved for the following named person or
persons at the following described location:
Magoo's Inc., dba Magoo's, 206 North Linn St.
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Neuhauser and seconded by Perret
that the Resolution as rare adopted, and upon roZ�caIi
there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Erdahl x
Neuhauser x _
Perret x
Roberts x
x
Vevera
i
Passed and approved this 13th day of March lg 79
Mayor
Attest:
City Clerk
IIICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1101NES
RESOLUTION NO. 79-112
RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO SELL AN
INTEREST IN REAL PROPERTY.
WHEREAS, it is in the public interest to locate the new Johnson
County jail and Sheriff's offices within Iowa City, and
WHEREAS, it is in the public interest to maintain a vista of Old
Capitol on the southerly approach,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
that:
1. The City Council proposesto convey to the State of Iowa a
scenic easement over the Capitol Street right-of-way between
the northerly line of Court Street and the northerly line of
the Rock Island Railroad right-of-way. Said easement shall be
perpetual and shall covenant that no building will ever be
built on that right-of-way and that it would be maintained as
open space for street or other non -building use. The easement
shall be conveyed for a public purpose and for no
consideration.
2. A public hearing shall be held on March 20, 1979, in the
Council Chambers, Civic Center, 410 E. Washington Street, Iowa
City, Iowa at 7:30 P.M.
3. The City Clerk is hereby directed to publish notice of the
public hearing.
It was moved by Neuhauser and seconded by Perret
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
_ x Roberts
x Vevera
Passed and approved this 13th day of March, 1979.�J��
MAYOR
ATTEST:
TY CLERK
' MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES HONES
RECEIVED & APPROVrD
BY TaE LEGAL DEPARTXW
50�f
RESOLUTION NO. 79-113
RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO SELL REAL
PROPERTY.
WHEREAS, it is in the public interest to locate the new Johnson
County jail and Sheriff's offices within Iowa City, and
WHEREAS, it is in the public interest to maintain a vista of Old
Capitol on the southerly approach,
NOW THEREFORE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, Iowa,
that:
I. The City Council proposes to convey the following real
properties, to wit: Harrison Street from the westerly right-
of-way of Capitol Street to the easterly right-of-way of
Madison Street to the State of Iowa for a public purpose for no
consideration.
2. The City Clerk is hereby directed to publish notice of a public
hearing.
3. A public hearing shall be held on March 20, 1979, at 7:30 P.M.
in the Council Chambers, Civic Center, 410 E. Washington
Street, Iowa City, Iowa 52240.
It was moved by Neuhauser and seconded by Perret
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 13th day of March, 1979.
MAYOR
ATTEST: ,�(J
GHY CLERK
i
i
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
ItI117tiIM A 9.FFROVO
BY TEE IFEQJ, DEPARLMM
SOS'
RESOLUTION NO. 79"114
RESOLUTION APPROVING
FINAL PLAT OF LYN-DEN HEIGHTS SUBDIVISION
PART TWO
WHEREAS, the owner and p• o,,rietor, John D. Oaks
and Marie B. Fuhrmeister, have file;: with the City Clerk a
final plat and subdivision of the following described premises
located in Johnson County, Iowa, to -wit:
Commencing at the Southwest Corner of the
East Half (1/2) of the Northeast Quarter
(1/4) of Section 36, Township 80 North,
Range 6 West of the 5th Principal Meridian;
Thence East 573.00 feet to the Point of
Beginning; Thence N 00°49'38"w, 1000.00
feet; Thence East 722.83 feet to the centerline
of the County Road; Thence Southeasterly
along said intersecting County Road centerline
the following courses; S 00°36'09"E, 678.25
feet; Thence Southeasterly 220.08 feet on
a 300.00 foot radius curve, concave Northeasterly
whose 215.18 foot chord bears S 21037'07"E;
Thence S 42°38105"E, 165.34 feet; Thence
West, 906.80 feet to the Point of Beginning.
Said tract of land containing 17.03 acres.
WHEREAS, said property is owned by the above named
individuals and the dedication has been made with their free
consent and in accordance with their desire and intent.
WHEREAS, said plat and subdivision is found to
conform with Chapter 409 of the 1977 Code of Iowa and all
other statutory requirements.
WHEREAS, said plat and subdivision was examined
by the zoning and planning commission which recommended that
said plat and subdivision be accepted and approved.
WHEREAS, the subdivision is located outside the
corporate limits of the City of Iowa City, Iowa, but within
a distance of two miles thereof.
WHEREAS, the owners have executed an Agreement
with the City of Iowa City, Iowa, pertaining to the dedication
of certain improvements upon annexation of the subdivision
to the City of Iowa City, Iowa.
NOW THEREFORE, BE IT RESOLVED, by the City Council
of the City of Iowa City, Iowa, that said final plat and
subdivision located on the above described property be and
the same is hereby approved.
Al
�'y h� ? car.! Daperl;ncnt
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES 1I011jEs
JAN 1
AE !E STOLTU , CMC
CITY CLL'r (3)
S/D
I�
JAN 1
AE !E STOLTU , CMC
CITY CLL'r (3)
S/D
Res. No. 79-114 —2—
BE IT RESOLVED FURTHER that the City Clerk of Iowa
City, Iowa, is hereby authorized and directed to certify
a copy of this Resolution to the County Recorder of Johnson
County, Iowa.
CITY OF IOWA CITY, IOWA
By: GZ
Mayor
By:
City Clerk
The above and foregoing
Resolution
was introduced by
Council PersonNeuhaus�r
who moved
its adoption.
It was seconded
by Counci person
Ralm r
After
discussion, the
following roll was
called:
Aye:
Nay:
Absent:
x
Balmer
x
deProsse
x
Erdahl
x
Neuhauser
x
Perret
x
Roberts
x
Vevera
WHEREUPON the Mayor declared the motion duly carried
and the Resolution duly adopted this 13th day of March ,
1979.
Attest:
City C4prk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IIDINES
Mayor
RESOLUTION NO. 79-115
RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY TO THE
ECUMENICAL HOUSING CORPORATION
WHEREAS, the Ecumenical Housing Corporation, an Iowa corporation, proposes to
undertake the development of subsidized housing for the elderly; and,
I
J WHEREAS, the City of Iowa City desires to assist thisect ro
Section 403A of the 1977 Code of Iowa; and, p pursuant to
IYHEREAS, the City has made public a report and recommendation on housing
Iavailable within the community; and,
1978. WHEREAS, the City Council held a public hearing on said project on September 12,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
that the Mayor and City Clerk are hereby authorized and directed to execute the real
estate contract by and between the City of Iowa City and the Ecumenical Housing
I Corporation, said contract being attached hereto and by this reference incorporated
herein.
BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized
and directed to execute a deed and to tender said deed to the Ecumenical Housing
Corporation in accordance with the provisions of the real estate contract incorporated
herein.
It was moved by deProsse and seconded by Perret that
the resolution as read be adopted, and upon roll call there were:
I AYES: NAYS: ABSENT:
x Balmer
x deProsse
X Erdahl
x Neuhauser
x Perret
x Roberts
x Vevera
IPassed and approved this 13th day of March 1979.
Mayor
ATTEST:
City Clprk
RECEIVED b u'F:107F�
n 4EE LFGAL DFRAzt)=
Sao
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 110'�4ES
-2,
REAL ESTATE CONTRACT
This Agreement dated this14-f' ay of /ga" , 1979, by
and between the City of Iowa City, Iowa, a municipal corporation, hereinafter
sometimes referred to as the Seller, and the Ecumenical (lousing Corporation, an
Iowa corporation, hereinafter sometimes referred to as Buyer:
WITNESSETH:
WHEREAS, the City of Iowa City desires to undertake a project to assist the
production of low income housing; and,
WHEREAS, the City of Iowa City has prepared and made public a report and
recommendation regarding the availability of housing within the community, and a
majority of the Council has approved such report; and,
WHEREAS, the City Council of the City of Iowa City has held a public hearing
on a proposed project; and,
WHEREAS, the Ecumenical Housing Corporation desires to undertake the production
of low income housing.
NOW, TIIEREFORE, in consideration of the mutual agreements contained herein and
the performance thereof, the Seller agrees to sell and convey and the Buyer agrees
to purchase the following described real estate located in Johnson County, Iowa,
to wit:
The cast sixty-five feet of Lot 2, Block 61; and,
The east fifty-two feet of Lot 6 and the west fifty
feet of Lot 7 of Block 61; all in Iowa City, Johnson
County, Iowa, according to the recorded plat thereof.
all upon the following terms and conditions:
1. PURCHASE PRICE AND TERMS OF PAYMENT: The Buyer shall pay $ 75,000
to the Seller as the purchase price at the time of closing.
2. TIME 017 CLOSING: The closing date shall be on or before September 30, 1979.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES M011lEs
-z-
3. DEED AND ABSTRACT: Upon full payment by the Buyer of the amount to be paid
by it under this agreement, the Seller agrees to execute and deliver to Buyer
a warranty deed conveying the real estate described herein to the Buyer, free
and clear of all liens and encumbrances except as otherwise expressly agreed
to herein. The Seller agrees to provide to Buyer one or more abstracts of
title to said real estate a reasonable time prior to closing showing merchantable
title in it in accordance with the IOWA Title Standards and in conformity with
the provisions of this contract. The abstract of title shall be continued at
Seller's expense to and including the date of this agreement.
4. ASSIGNMENT: Due to the special nature of this contract and the public purposes
being served thereby (reference Chapter 403A, 1977 Iowa Code) this contract
may not be assigned by either party unless such assignment is expressly authorized
in writing by the other party,
5, CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTY: As a specific inducement to
Seller to sell the property covered by this contract, Buyer agrees to construct
eighty dwelling units of subsidized housing for the 1014 income elderly, the
preliminary design plans for which must be approved by the City Council prior to
conveyance of title as called for herein,
6. RIGIIT OF REVERTER: In the event Buyer is not able to obtain mortgage financing
from the U.S. Department of (lousing and Urban Development, the property shall
revert to the Seller.
7, TIME FOR POSSESSION: Notwithstanding the Time of Closing set forth herein,
the Buyer and Seller do hereby mutually agree that the Seller shall retain
Possession of the property, without cost, until the actual commencement of
construction of the improvements described herein.
S. NOTICES AND DE1,IA,NUS: A notice, demand, or other communication under the Agree-
ment by either party to the other shall he sufficiently given or delivered
!
if it is dispatched by registered or certified mail, postage prepaid, return
receipt requested, or delivered personally, and
I i
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES :90InES
(1) in the case of the Buyer, is addressed to or delivered personally to:
I'lle President and Secretary
Ecumenical (lousing Corporation
217 .Iowa Avenue
Iowa City, Iowa 52240
AND
(2) in the case of the City, is addressed to or delivered personally to the:
City Manager
Civic Center
410 E. Washington Street
Iowa City, Iowa 52240
or at such other address with respect to either such party as that may, from
time to time, designate in writing and forward to the other as provided in
this Section.
�. COUNTERPARTS: The Agreement is executed in three (3) counterparts, each of
which shall constitute one and the same instruments.
IN WITNESS WIIEREOP, the City has caused the Agreement to be duly executed in
its name and behalf h— its Mayor and its seal to be hereunto duly affixed and
attested by its City Clerk, and the Buyer has caused the Agreement to be duly
executed in its name and behalf by its President and its corporate seal to be here-
unto duly affixed and attested by its Secretary, on or as of the day first above
written.
IIY Mr 11;AL
ATTE
IL
icy Work <,
ATTESV,)
any
City of Iowa City, /lown
Mayor
ECU4IENICAL HOUSING CORPORATION
By:
Prdsident
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOVIES
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this y e�4 day of ��_ A.D., 19%1_, before me,
a Notary Public duly commissioned and qualified in and for said County and State,
personally appeared- �T�a �1 LZ. 7/p,�eh.� � Mayor of the City of Iowa
City, Iowa, and GC -G` r c- _Q. City Clerk of said City,
each being to be personally known to be th identical persons and officers named in
the foregoing instrument, who executed the same under and by virtue of the authority
vested in them by the City Council of said City, and each for himself acknowledged
the execution thereof to be his voluntary act and deed for purposes herein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa
City, Iowa, the day and year last above written.
Notary Public in and for the 3r�te of Iowa
STATE OF
SS:
COUNTY OF _Tn HNSON )
On this day of Qf,A.D., 197_� , before
me, a Notary Public, in and for the County ofJ-009SOA1 State of
Iowa, IZo afPT- L . W 6L.5 o President, and
EL L_Io77" , Secretary, of the Ecumenical Housing Corporation, tie
Corporation which executed the above and foregoing instrument, who being to me known
as the identical persons who signed the foregoing instrument, and by me duly sworn,
each for himself, did say that they are respectively the President and Secretary of
said Corporation; that (the seal affixed to said instrument is the seal of said
Corporation) (said Corporation has no seal) and that said instrument was by them
signed and scaled on behalf of the said Corporation, by authority of its Board of
Directors, and each of them acknowledged the execution of said instrument to be the
voluntary act and deed of said Corporation, by it and each of them voluntarily executed.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal
the day and year last above written. /
L
Nota& IUlic in and for Sv
Cou y��tate of ti
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIRES
`b
City of Iowa CF
MEMORANDUM
DATE: March 9, 1979
TO: City Council (1Q�
FROM: Paul Glaves, Development CoordinatorTa
RE: Sale of Land to Ecumenical Housing Corporation
A Resolution Authorizing the Sale of Real Property to the Ecumenical Housing
Corporation is included on the agenda of March 13. This resolution authorizes
and directs the Mayor and the City Clerk to execute a real estate contract for
the sale of the site immediately east of the Old Post Office, along with a portion
of the Iowa Avenue parking lot. EHC's plans now call for constructing 80 units
of subsidized housing for the elderly on the site immediately east of the Old
Post Office, with parking across the alley in the eastern most 60 feet of the Iowa
Avenue parking lot.
2. The purchase price called for in the contract is $75,000. This price was computed,
based on the Fair Market Value appraisal prepared by Don Johnson, dated July 13,
1978; the letter from the Ecumenical Housing Corporation to the City Manager,
dated August 18, 1978; and the "Report and Recommendation by the City of Iowa
City on Housing Availability and the Need for Providing Assistance to the
Ecumenical Housing Corporation" on which a public hearing was held September 12,
1978.
The calculation of the sale price to Ecumenical Housing Corporation is set forth
in Attachment A to this memorandum. The full Fair Market Value for the land
adjacent to the Post Office and the entire Iowa Avenue parking lot was $257,082.
The subsidized price to the Ecumenical Housing Corporation as set forth in the
"Report and Recommendation by the City of Iowa City on Housing Availability and the
Need for Providing Assistance to the Ecumenical Housing Corporation" was $120,000.
For the entire two parcels, the subsidized price constituted 46.7 percent of the
Fair Market Value. Accordingly, the price per square foot for each parcel was
adjusted downward by this factor to give an adjusted per square foot price. This
adjusted price per square foot was then applied to the actual square footage to
be purchased by the Ecumenical Housing Corporation.
The contract reserves to the City the right to review the preliminary design
plans prior to conveyance. Conveyance is scheduled to occur no later than
September 30, 1979. The contract reserves the right for the City to retain
possession and use of the property, without cost, until the actual commencement
of construction. Therefore, the City can retain the use of both sites for parking
until construction begins. At that time, the building site will be built on and
the parking site, across the alley, will be used for material storage.
PG/ssw
Attachment
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIMES
S.?0
ATTAUDIENT A
Ecumenical Housing Corporation
Sales Price Calculation
Full Fair Market Value: (Based on Corrected Appraisal - 7/13/78)
Parcel A, Iowa Avenue Site = 24,000 sq. ft. @$6.36 = $152,640
Parcel B, OPO Site = 15,450 sq. ft. @$6.76 = 104,442
Total Fair Market Value $257,082
EHC Subsidized Price (Based on EHC Letter, 8/18/78)
Total Price = $120,000
Proportion: Subsidized = ,467
Fair Market Value
Parcel A = $6.36 (.467) _ $2.97/sq. ft.
Parcel B = $6.36 (.467) _ $3.15/sq. ft.
Adjusted Land Price
Iowa Avenue Parking Lot
E60' of Lot 2 = 60' x 150' = 9,000 sq, ft.
9,000 sq. ft. x $2.97 = $26,730
Round to $26,500
OPO Site
15,450 sq, ft. x $3.15 = $48,668
Round to $48,500
Total Sale Price
Parcel A: Iowa Avenue Lot $26,500
Parcel B: Post Office Lot 48,500
$75,000
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOLMEs
TO:
FROM:
RE:
")City of Iowa Cit.-
MEMORANDUM
it. -
MEMOIRANDUM
DATE: March 13, 1979
City Council
Paul Glaves, Development Coordinator fo
Land Sale to the Ecumenical Housing Corporation
A Contract for the Sale of Land to the Ecumenical Housing Corporation was included
in the packet materials distributed to the Council on Friday, March 9. Since the
preparation of this contract, we have received the results of the property survey of
both parcels of ground. Based on this survey, a modification to the contract form
is required.
The parcel of land on the south side of the alley, adjacent to the Old Post Office,
is 102 feet wide, rather than 103 feet. The portion of the Iowa Avenue parking, lot,
north of the alley, runs 65 feet east and west to the center of the median, rather
than 60 feet as previously presumed. Accordingly, the legal description of this parcel
has been changed so that reconstruction of the median will not be necessary.
Attached to this memorandum, for your information, is a revised page 1 of the contract
containing the corrected legal description of the property to be conveyed.
The above indicated changes in parcel dimensions would, by using the formulas
previously used, cause the purchase price to increase from $75,000 to $77,000. The
Council may wish to change the price set forth in the contract to $77,000. However,
based on my review of the project's financial information this morning, I must report
to the Council that the project development budget is extremely tight within the
statutory limit imposed by HUD, and would recommend adhering to the original $75,000
purchase price.
I will be glad to discuss this matter with the Council at the March 13 Council meeting.
PG/ssw
Attachment
Ii
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
c5.20
I
REAL ESTATE CONTRACT
This Agreement dated this day of 1979, by
and between the City of Iowa City, Iowa, a municipal corporation, hereinafter
sometimes referred to as the Seller, and the Ecumenical Housing Corporation, an
Iowa corporation, hereinafter sometimes referred to as Buyer:
WITNESSETH:
WHEREAS, the City of Iowa City desires to undertake a project to assist the
production of low income housing; and,
WHEREAS, the City of Iowa City has prepared and made public a report and
recommendation regarding the availability of housing within the community, and a
majority of the Council has approved such report; and,
WHEREAS, the City Council of the City of Iowa City has held a public hearing
on a proposed project; and,
WHEREAS, the Ecumenical Housing Corporation desires to undertake the production
of low income housing.
NOW, THEREFORE, in consideration of the mutual agreements contained herein and
the performance thereof, the Seller agrees to sell and convey and the Buyer agrees
to purchase the following described real estate located in Johnson County, Iowa,
to wit:
The east sixty-five feet of Lot 2, Block 61; and,
The east fifty-two feet of Lot 6 and the west fifty
feet of Lot 7 of Block 61; all in Iowa City, Johnson
County, Iowa, according to the recorded plat thereof.
all upon the following terms and conditions:
1. PURCHASE PRICE AND TERMS OF PAYMENT: The Buyer shall pay $ 75,000
to the Seller as the purchase price at the time of closing.
2. TIME OF CLOSING: The closing date shall be on or before September 30, 1979
WCROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES I401NEs
FTMUPION NO. /9-116
RESOL(Tl'ION AUPHORIZING EXD,'UPION OF AMENDMENT TO
AN AGREEMENT WITH SHIVE-HATTERY AND ASSOCIATES
WfM mAS, the City of Iowa City, Iowa, has negotiated an agreement amendment
with Shive-Hatter , a copy of said agreement
being attac to s Reso u on s reference made a partTlereo�
and,
WHEREAS, the City Council deans it in the public interest to enter
into said agreement amendment to add to the Scope of Services of the
agreement between the City & Shive-Hattery & Associates for the design of
the BDI Sperial Asqpqqmpnt Prnjert by including the Rgr�ding of the Heinz
lift station in the overall project. The engineering fees are to be paid
by BDI.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the agreement with _Shive-Hattery & Associates
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Balmer and seconded by Neuhauser the
Resolution be adopted, a�upon ro=all these were:
AYES: NAYS: ABSENT:
X BALMER
X dePROSSE
X ERDAHL
X NEUHAUSER
X PERRET
X ROBERTS
X VEVERA
Passed and approved this 13th play of March 1979.
4, t'
AT=:
QL Mayor
City Clerk
Received & Approved
By Th. Legal Department
5.2 /
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
sAH '
SHIVE-HATTERY & ASSOCIATES
CONSULTING ENGINEERS
HIGHWAY I IS 1.80 P.O. BOX 1050
IOWA CITY. IOWA 52240
TELEPHONE: (310) 354.3040
March 5, 1979
J:IINS Smvu PE.L5
r""d P KIIIIbp P E& L 5
D.Charll 11 KF.II054:I PE ALS
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IwrosL IM11,1da PE
AnenD ae,m PE
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1ILCPJUIL Uffstnell;r P E
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DorwfL Joenun F
DonabA IIIOIIVS Lb
Dm.AnJ Sallann:
Drell 11 fomann PI1
Mr. Gene Dietz, P.E. Re: BDI Second Addition
City Engineer
410 East Washington
Iowa City, Iowa 52240
Dear Gene:
We request that our agreement with the City dated July 25, 1978, be amended to
include necessary modifications to the existing sewage lift station, commonly
referred to as the Heinz lift station. Contract language should be as follows:
Paragraph I (Preliminary Phase), add Paragraph "h) modifying the existing
Heinz lift station."
Section IV under Paragraph Prellminar Phase, add the sentence "The
total fee for Preliminary Phase Item 1-h shall not exceed $6,000."
Very truly yours,
SHIVE-HATT� ASSOCIATES
ames L. Shive
JLS:sd
APPROVED:
CITY OF IOWACITY
BY
Date
elTq (,Ievy �T
BY THE
CEDAR RAPIDS DAVENPORT DES MOINES DURl10Uli FT MADISON IOWA CITY VINTON
r
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
AGPl7:•11 lip w
are available at the
Icrl.'s Office. y j
This A7rasnent, mule and utLr_rei into this oZfe4cl,y of 19
by and hctwecn the City of Iowa Cit a nnnilcipa] xitT;orotirn, h einaftcr ruf'rred
W as the City and Shive-IialLury and Associates of
referred to as the CIowa City, Ioea hcreittaflcr
.bnsulttunt.
Now therefore, it is hc:rrl;y ar]rced by and bet the LiarLicO hereto that the
City does retain' and'jrgaloy Uv said (hn ull'ant U, act for and represent it in all
mutters involved in the tern's of Utis A,]ntuuutt. 5w:h curttrnct of caigtlolqu nt to be
subject to the fol]uding tomos and cax]itiats and :;t]pulntio'^„ to wit:
Consultant shall not caunit any of the fo.l]cna]ng V,m;loYncnpractices turd agr
t ee
to prohibit the following practices in any sulxurtracts.
a. Tb discharge frau engnloyrrxnt or refime to hire any
individual beeauu;c Cf Ureic r,ut, color, rr•li,lion,
sex, national origin, age, d i:;,7hil i t y, •uur.i La L
status, sexual oriuttation or crcxNl.
b. 7b discriminate against any individual in frnn
conditions, or privileges of ),I lu,
Of
their race, color, religion, c.arssu , national origin,
age, disability, marital status, national
oriuntation
or creed.
SWPL 01: ; l.RV1Ci s
indusfhc Iowa City Council has Irrsscrl a spccinl ordinance: that will allow
ess Ikvelopwunt, Inc. to proceed with ;r ,peri;tl assessmcnr project in the
inJu-trial arca of southe;1st' luw;i City lying; uort:hcr•I)' of the Ileinz ecu i l the n
Comer. 411licipai .fngn'uvcmwlt:. ;u•c to he insfnllcJ in IInd lic Icortt to Di hill
proposed Second Addition, consisting of items set forth buloro:
Preliminary Phase
I. The consultant shall prepare preliminary plans for construction of
the following:
a) Sanitary sewer extension (routing, sizing and tentative
grades)
b) Water service extension (routing and sizing)
c) Storm sewer system (routing, sizing and tentative
grades)
i d) Culvert locations, sizing and tentative grades
e) Grading (rough grades from aerials)
a
I f Paving (routing, tentative grades and thickness)
9) Final platting (show BDI parcels to be assessed)
2. The consultant shall prepare cost estimates for the above items.
3. The consultant shall prepare a general cost comparison relative to
i compliance with the storm water management ordinance as it
pertains
to individual tract systems, and an overall system to provide
service to the remaining unplatted portion of the DDI property.
This will consist of conceptual plans showing tentative locations
j and sizing for both alternates and will include cost comparisons.
4. The consultant will provide information in [lie fnr•mnl for assessment
s Lndc and also provide
work in compliance with Chapter 3611 of the low
a schedule Jelticting specific dates and actions to be taken by the City
during the r ccdur s.
Design Phase essE�t ��ilJ
J After City approval of the preliminary design and cost estimate and upon written
j notice to proceed, Ute Ct;nsutllant will bogie the design l9tas0 whidt will include.
a. preparation of detailed contract drawings;
b. preparation of specifications, and contract doeutxutts. Ille (bnsultant will
insure that the contract docunents nlect all raluir'nrnts of the City's
affirmative action and alt'al. OMOrtunity program. •14tc Consultant will
Penn I of A
/ MICROFILMED BY ✓ �"
JORM MICROLAB
CEDAR RAPIDS -DES i4oIaES
coordinate X41 thu Ihorwl )ZeLat.iolufa,lzlruir_:�t'o in:;ure Uiat all requLired
non discrimuiation argil c yic,l ot:lurLunity staLtnnliL; ur -1ffirn%ative action
programs are incl'xlcel in the conLracL doc.acllhlt ,;
furnishing the City with Lwo (2) copies of the specifications and contract
drawings for a fi,>il r-eviaq by the City. '1110 Consultant will cLtein
projcGL OPProval fran other agencies after City rev1L%q and approval.
preparation of a final Constnx;L•ion Cost estimate upon arllpletion of final
design. '111is Constriction Cost e,tinute will .include a bickling contingency
of ten percent.
If the ICUest bona fide proposal or bid exceO ds the established Construction
Cost limit, City shall (1) give writtcan approval to increase such cost
limit, (2) authorize 1109OLiating or rehickling the Project within a reasonable
tine, or (3) cooperate in revising the 1'evjcct ,colt oc quali.Ly: Li the
case of (3), Consultant shall, without aclr3itiolul charge beyond the max
cost defined in flus agreanrnt, nrxlify the CA -act DoCLUK'nts as necessary
to bring the Constnstion Cost within the: cusL 1i1.'i.t:. 7fie providirng of
such service will be the limit of ti,nsulttml•'s reslxnsibilihy in this
regard arid, hiving dart: so, Consultant shall be c51titlL'd to paymen
t for his
services in accordance with this h3ranxl
Construction Pliase
The Consultant will provide the following services under this phase upon written
notice from the City:
a. assist the City in securing bids and provide bid obccments for contractors.
The bid documents for this phase are not a reillbursable expense;
b. tabulation and analysis of bid results and furnishing rcczmmsdations on
the award of the construction contracts;
C. assistance on the preparation of the formal docun nts for the award of the
contracts;
d. 'consult and advise the City during construction relative to this project.
e. preparation of elanentary sketches and supplanentary sketches required to
resolve actual field conditions encountered;
f. checking detailed construction drawings and shop and erecticn drawings
submitted by contractors for colpl.iance with design concept; and
g. reviewing laboratory reports, materials and equiprRent.
h. Zn addition, the Consultant will do the follcwi.ng field engineering:
make periodic visits to the site to observe as an experienced and qualified
design professional the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the
h Contract Lbctmrsts; L.,lr„eL-4x— a
quired-te-'t•'ke ••••I'' r—f.'9F1t-ifiUe439
.,,.v ,.,•„ ,..._,:�.. _ q .t Q Kic nt kY of�erk he
/) shall not be rc_s r.>���th fralr.
pertsible for the nti?.vls, m0lhocLs, LL�lmiques, saplt:nees or
procedures of construction selected by contractors) or the safety pre-
cautions and prograno incident to the work of Contractor(s). His efforts
Will be directed towu'd providing assurance for City that the canpletcd
Project will conform to the Contract Documents. During such visits and or
the basis of his on-site observations he shall keep City informed of the
progress of the work, shall endcavc- to guard City against defects and
deficiencies in the work of Ciontractor(s) and imy disapprove or reject work
as failing to conform to the Contract Uxamrnts. {;�}moi•
� �� ��� j� ���y'—���,�."y���L �.L��apV.Z�'TyI�LT�T�SIT.�T�IUyC�
Rep 1 ,•�{'IISTI"wlep
• be . ed a' CC l2'CS •1 _ _•��l3TLT [Z.T.
vL� }it;—}j 1 ne '1"ta
rdanee-ti+it�t the
G 4izted-bc4cw-. 7110 Consultant shall determine IIIc ,victuals omxl trjt� ji
Contractor and shall issue certificates of p1aynrjit in such a manner as to
orrnply with the provisions of Chapter 573 a 384 of the Codo.of the State of It
The issuance of a certificate of payment shall constitute a representation
by the Consultant to the City that work has progressed to the point
indicated and that to Ole best of the Consultant's knowledge tine quality of
the work is in accordance with the construction Contract Docunllts;
Page 2 of 6
SZI
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MoIrIEs
Hike a firviJispectiai r(.I)Qrt to the City d. J1 c„ nr.r;., nF ---
,he Consultant and to -i City nin-hll dinc•unn intcrl,f:r.tntiona of the require -
')OILS of Lho constructitut centrad mdocinit nts. '11 c Consultant spall have
he authority to act on Ixdhalf of the City; iho„cver, final decisions ori any
hatter shall rest with Oic City; and
he Constltant shill have the authority tO rejuct pork which does not
onform to the contract docrunentx. '1111 fYxLsultant ;:hall process change
rders. UkvXge oltler3 811111 Lx.¢xatV cl:Paadve Lvhly after they have been
signed by the City's representative.
I. technical observatiah by a I1esItIc"t PrOjt:ct TOprascntat.ive and supportirng•
staff as required who will observe the -work for aanpliance with Contract
Ibcumnts, and provide construction record drawings of the Completed
Projects. Specific duties shill include but not lx limited to (1) setting
of lines and grades as construction prucceds; (2) rovision of contract
drawings to shod location and nature of inprovcments as actually constructed;
(3) provide services in accordance with Exhibit• "A", "Euties, Responsibilitie
and Limitations of the Authority of Rcsidcnt Project warpresentative". Note
that Exhibit "A" is a standard NSPE contract dochnrnt and the term Engineer
shall mean Consultant and the term Owner shall man City for the purposes
of this agreement; and
Special Services
Upon roquest the Consultant agrees to furnish sfrcial services. Such special.
services may include:
a. soil investigation, including test Wrlry s, related analysis and reconr-
mendations;
b. land surveys, title and eanmient searches and doscriptions of boundaries
and monuments and related office c(ngxntahtions mhd draftings;
i
'
C. assist the client as expert witness in litigation arising from the develop-
ment or construction of the project and in hcari.mxjs before various approving
i
arca regulatory agencies.
ZI TIME OF cY1"lPLE ai
The Consultant will complete the phase of this project witun the Mmes listed below:
r
Preliminary Phase - 'LII days after signing of this contract.
Design Phase - The design phase of the project shall be done 30 days after
:Ipprovul of the proliniin:n•y phase.
Construction Phase - Zhe tbnsultant shall i.ncciude apizopriate construction times
in the lob specifications.
III GENERAL IT MIS
I. Should the Consultant or the City tonninaLe the contract, said Consultant shall .
be paid on the basis of dirmt personal mIx nno as herein attached times
multiplier for the variou, classes of, persavhel actively engagod on the project
for all work completed and for all work pd services perforhned up to the time of
termination; however., such sunstsihall not exeml the "not to exceed" amounts
listed in Section IV, and 'subject to the terms of item 9 of this section. Either.
party may terminate this i Agreement upon five (5) days notice. ,
2. Ibis Agreement shall. be binding ulxvn the succes—nors and the assigns of the ...
parties hereto; provided, hodever, that no assigrateant shall be made without..the
written consent.of all parties to said agrouncrit.
3. It is understood and agreed that the atghloythr.7hL of the Consultants by the City
for the purposes of said project shall be exclusive, bot the Consultant shall
have the right to employ such assistance as may be roquirod for the performance
of the project. Said Consultant shall be r•e.!;pcinsible for the compensation,'• ..
insurance and all clerical detail involvod in their arployment.
Page 3 of 6
S•Z l
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
s agreed byr City Ilr.xt all rewlds and M��:•r ;;;sing to information
cd for said project will bu mde uvailsblu Iry s City ul= request of the
ultant. The City agrees to furnish all rra:enrable a:.islstance in the use of
records and files.
1 further agreed drat 110 party to this 1u9rec1rrnt will ;.-Morn contrary to
;tate, Federal or CowiLy law or any of the Ordinances of the City of Iowa
Iowa.
bnsultant shall attend such lootvugs of. the City Council relative to the
work set forth i.n this centrad• as nrly bu 1 crlu�%;tcxi by the City. Any require-
ments nude by tho City shall be giver with reasonable notice to the Consultant
so that he/she may attend.
7. The Consultant agrees to furnish, upar termination of this Agrarnart and upon
dcanand by the City, copies of all basic notes and sketches, cluu-ts, computations
and any other data prepared or obtained by the (bnsultant pursuant to this
Tgrecment, without cost and without resl:ricLion or l.imit:ation as to their use
relative to the specific projects coverol tinder this ;rgL:LujK Yt. Me Consultant
shall not liable for use of such documents on other projects,
8. The Consultant agrees to furnish all reports and/or drawings with the seal of a
Professional Engineer or Architect affixed thereto where suchseal is required
by law, and shall supply necessary certifications in accordance with Chapter 384
i of. the Iowa Code.
9. The City agrees to tender to the Consultant all fees and uriley in accordance
with the schedule that follows except Ulat failure by the Consultant to sans
factorily perform in accordance with this Agreanent sh 11 constitute grounds for
the City to withhold paymnt of the amount sufficient to properly 'ample te the
project in accordance with this /vgreamnt.
10. Should any section of this contract be found to be invalid, it is agreed that;
all other sections shall retain in full force and effect as though severable
from the part invalid.
11. Original contract drawings shall be modified to reflect "as built" conditions
and shall beco e the property of the City. T9Ye Consultant shall be allowed to
keep mylar reproducibles for his files and use.
12. Direct Personal Expense for the purposes of this contract shall be defined as
hourly wage plus retimnenit and fringe benefits. Said Consultant shall, upon
demand, furnish receipts therefore or certified copies thereof. •,
13. Records of the Consultant's Direct Persoril Expense, Consultant Expense and
Reimbursable Expenses pertaining to the Project, and records of accounts between
khe Owner and the Contractor, shall be kept on a generally recognized accounting
basis and shall be available to the Owner or his authorized representative at
mutually convenient times.
14. All reimbursable outside expenses are in addition to the fees for Basic Services
and include actual expenditures aide by the Consultant, his employees, or his
consultants in the interest of the Project for the following incidental expenses
listed:
a. Expense of transportation and living when travelling in connection with the
Project, for 10119 distance calls, aril telegrams for *extraordinary work
required by the Owner.
b. Expense of reproduction, postage and handling of Drawings and Specifications,
excluding copies for Consultant's office use.
C. Fees paid for securing a1proval of authorities having jtu•iscliction over the
project. Fees paid Iry Ure Consultant feu special consultants mployed with
City's approval for services other than those defined in this contract.
15. It is agreed that the Deparbnent of Dousing and Urban I32velopme nt, the CoYgptroller
General of the United States, or any other duly authorized representative shall
have access to arty books, documcnts, papers and records of the Consultant which
are directly pertinent to this specific contract for the purpose of making
audit -examination exerpts and transcriptions.
16. The Consultant shall assist and be present for any prepaYration'of letting or
analysis of contract dealing with said project.
Page 4 of 6
5'�?J
MICROFILMED BY
JORM MICROLAB
CIDnR RAPIDS -DES IaolrlEs
40
The Consultant shall coordinate its work during all phases with the City
staff, BBI, and the City's bonding attorney.
18. When and if bond proceeds are available, the payment to the Consultant shall
include accrued interest at the rate of 7% from the 30th day after the billing
date after completion of each phase of the project.
19. The Design Professional agrees to hold harmless and indemnify the client
against any liability arising out of the negligent acts, errors or omissions
of the designer,.his employees, or agents.
IV QMMSATICU FOR Sl+l(yIC7S
The City agrees to pay for services stated in Utiu (=L act tvr the basis of the
following fees:
Preliminary Phase - The Consultant shall be paid a fee basal upon 2.3 x Direct
Personal Dcp nse. 'itne total fee for the Preliminary Phase shall not exceed
s!), lillli.
Design and Construeion Phase - Due to the difficulty of dutermining the exact
sCapc of the work prier to mrVlcticvn of Preliminary Phase; D sign and
Construction Phase fees will be ncalotialtxl after conpletion and acceptance
of the Preliminary Phase.
i
Special Services - Special services shall be cony nsated in the following
manner:
(a) Soil testing services at approved flat rates as attached in Exhibit B
to this contract. Analysis of data shall be at a rate of 2.3 x
Direct Personal Dcpense.
(b) Full. -time project representation shall be oarpensated at a fee based
upon 2..; x Direct Personal ngcrtse.
{ ane Direct Personal Fypernse of all personnel classifications associated with this
project shall be attached as Exhibit C. The City agrees to reimburse the (bnsultant
for outside expense at cost. Zlne Consultant shall furnish receipts df all outside
expenses upon request.
{ 1he "not to exceed" figures listed in this section refer only to Direct Personal
Expense and do not include reimbursables. Pcimbursable expenses are above arra bey
the "not to exceed". figure. c
All fees will be billed and due payable monthly.' With each billing the Consultant'
shall list the individual, the hours worked, and the hourly rate. Billing shall be
broken dam into the following categories:
i I'rci hilae •y d'h:xsc
Design Phase
Construction I'llast•
Special Services (detnile(l)
Payments to the Consultant shall be made only from proceeds of special assessment
{ bond sales for this project. No payments will be processed until assessment waivers are
received from BDI. If bonds are not sold the City is not obligated to any payment to [h.
Consultant.
All provisions of this PgreoT)cnt when not specifically defined shall be reconciled in
accordance with the highest ideals of the Digineering i'I'n l'eti� i till.
Otte undersigned do hereby state that this contract is executed in triplicate, as --
though each were an original and that there are no oral agreements that have not been
reduced in writing in this instrupe nt.
Page 5 of 6
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS.DES 110INCS
y,1,irUier stated that Uicrc nre rxr other calsidcratim or nrnies wntirxjent upon
t>n9 Fran the exac-utim of Uiis contract nor have any of the above been applied ..
eny party to this Njrcanent.
R QTY: FOR TIM CCNSULTAW: r
ATTEST: IVI'11:ST:
"CEITM k dP1,110VF,D
Iii; 1,MdL P.EPXNT1iSNT
Page 6 of 6
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
Exhibit "A" to Standard Form of Agreement
BetwCen Owner and 13nginccr for Professional Services
(NSPE 1910-1-A, 1974 Edition) '4
esponsibilities and Limitations 'of the Authority of Resident Project Representative
A. General.
Resident Project Representative is ENGINEER's Agent and shall act as iireered by and under the supervision of
ENGINEER. lie shall cooler with ENGINEER regarding his actions. Ilis dealings in matters pertaining to the
on-site Work will in general be only with ENGINEER and CONTRACTOR. Ilis dealings with subcontraclors
' will only be through or with the lull knolvledge of CONTRACTOR or his superintendent. He shall generally
communicate with OWNER only through or as directed by ENGINEER.
B. Duties and Responsibilities. - -
Resident Project Representative shall: '
l.. Scheduler: Review the progress schedule, schedule of Shop Drawing sobmi;cions. schedule of values and othcr
schedules prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability.
1. Conferences: Attend preconsiruction •conferences. Arrange a schedule of progress meetings and other job Confer---
ences as required in consultition with ENGINEER and notify in advance those expected 10 attend. Attend meet.
ings, and maintain and circulate topics of minutes thereof.
J. Voi.mn:
a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superin-
tendent and assist him in understanding Ilse intent of the Contract Documents. Assisl ENGINEER in serving as
OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER'S on -silo operations.
Is. As requested by ENGINEER. assist in obtaining from OWNER additional details or. information, when
'i required at the job site for proper execution of the Work.
e. In the interest or preserving the proper channels of -communication, advise ENGINEER of any direct
communication bclwgen OWNER and CONTRACTOR.
4. Shop Drawing's and Samples:
a. Receive•and record date of receipt of -Shop Drawings and samples which have been approved by ENGINEER._
b. Receive samples which arc furnished at the site by CONTRACTOR for ENGINEER's approval, and notify
• • ENGINEER of their availability for examination.
e. Advise ENGINEER and CONTRACTOR or his superiniendsol immediately of the commencement of any
Work requiring a Shop*Drawing or sample submission,if Ilse submission has not been approved by ENGINEER.
S. Review of Work, Rejection of Defective Work, Inspertiom and Tau:
a. Conddct on-site observations' of the Work in progress to assist ENGINEER in determining that the Project is
proceeding in accordance with the Contract Documents and Ilam completed Work will conform to the Contract
Documcnls.
.,
Is. Report to ENGINIEER whenever he beiieves.tlnt any Work is unnlisfacinry, faulty or defective or does not
conform to the Contract Documents, or has been damaged, or dews nor meet the requirements of any inspections,
rests or approvals required to Ix made: and advise ENGINEER when he believes Work should be corrected or
rejected or should Ix uncovered for observation, or requires special testing or inspection.
C. verily that tests• equipnsenl and sysrcnii startups and Operating and maintenance instruclinns arc conducted as
required by the Contract Documents and.in presence or the regniral personnel, and that CONTRACTOR main-
t+fns adequate records thereof: observe, record and report to ENGINEER appropriate details relative to the test
procedures and starlups•
d, Accompany OWNER and visiting inspectors representing public or other agencies having jurisdiction over the
Project, record the outcome of these inspections and report to ENGINEER.
O 1974 by National Socicly of Ptofessioml Engineers, 2029 K St., N.W., Washington, D.C. 20noh
NSPE•Publicalrnn No. 1910.1-A
1974 Edition
IIICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 110114ES
n
r
mrion o/ Coors Documenu: Transmil to CONTRAf-'l�elar, lion and interpretation of the Can•
cuments as issued by ENGINEER.
tiona: Consider. and evaluate CONITACIOR's supFt'gion% for modifications in Drawings or Specific&.
report them with recommend at ions to ENGINEER.
S. Rrcordr: '
a. Maintain at the job silt orderly files for correspnndcoec. reports of job conferences, Shop Drawings and
sample .sulam;ssion%. reproductions of original Contract Documents including all addenda, change orders, field
orders, additional Drawings isaucd subsequent In the execution of the (Contract. ENGINEER's clarifications and
interpretations of the Contract Unr imenls, progress reports and other Prnjeebrelaled documents. '
.b. Keep a divvy or Ing book, recording hoof.% an the jnh site, weather conditions, data relative to questidhs of
extras or dcduclions. list of principal visitors, daily aetiviiic.%, decisions, nbscrvatiom in general and specific obser•
vations in mor, detail as in the case of observing last Prnerdwes. Scnd copies to ENGINEER,
e. Record names, addresses and telephone numbers of all CONTRACTORS. subcontractors and major suppliers
of equipment and materials.
d. Advise ENGINEER whenever CONTRACTOR is not currently maintaining an up -to -dale copy of Rbeord
Drawings al the site. - s t.
9. Rrparts: '
a, Furnish ENGINEER periodic report Sas required of Progress of the Work and of CONTRACTOR'S
.compliance %kith :lie approved progress schedule, %cliedude of Shop Drawing tuhmissions and other mhedulex.
Is. Consult with ENGINEER in advance of sehedujed major tests, inspections or start of important phases of the
Work.
'h
10, pnymnri RrgrdJirinns: Review Application
3 for Payment with CONTRACTOR for compliance with the esiab-
fished procedure for their submission and forward theirs with recommendations to ENGINEER. noting particu-
larly their relation to the schedule of values, work completed and materials and equipment delivered at Ihe-sile,
1/. Guaranterr, Cernfieatrs. Maintenance and Operation Afanunlr. During the cmusc of the Work verify that guar.
Ices. certificates, maintenance and operation manuals and Other data required to be assembled and furnished by
CONTRACTOR are applicable to the items aelually installed: and deliver these data to ENGINEER for, his
review and forwarding to OWNER prior to final acceptance of the Project. ;nry
12. Completion: 17
lar".
a. tleforc ENGINEER issues a Certificate
observed items requiring correction. of Substantial Completion, submit to CONTRACTOR a 'Ilsf'of
•
b. Conduct final inspection in Ilse company of ENGINEER, OWNER and CONTRACTOR and prepare'jrfi nal
'list of items to be corrected.
e. Verify that all items on final list have been eonected and make recommendations to ENGINEER concerning
acceptance, ,
C. Llmllalians of Authority. •cli'k
'Except upon wrilttn instructions of ENGINEER. Resident Project Representalive:
I. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment.
2. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superin-
Iendent.
s•
3. Shall not expedite Work for the CONTRACTOR. •'•'•
4. Shall not advise on or issue directions relative In any I%lNcl Of the nscaus, mcitiods, techniques, sequences or"''ro-
eedures of construction unless such is specifically called for in the Contract Documents, i•:-
S. Shall not advise on or issue directions as to safety Precautions and programs in connection with the Work.
6. Shall not authorize OWNER to occupy file Project in whole or in part, - cd
n a1 s
7. Shall nal pamieipate in specialized field or laboratory tests or inspections conducted by others. r;
r th•
Design Phase
Aftei,City approval -of
notice to proccodr_the
a. preparation of det
preparation of spO
insure that the cc
affirnutive actin
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 14011fES
C7
"EXHIBIT V
0
Between City of Iowa City and Shive-Hattery and Associates
[IDI ?nd Add iIini
Direct personnel expenses for Shive-Hattery L Associates personnel for
the duration of this project are listed below in accordance with Section III,
Paragraph 12.
CLASSIFICATION—_
RATER
Grade 8 Engineer
$
21.09
Grade 7 Engineer
$
17-57
Grade 6 Engineer
$
14.17
Grade 5 Engineer
$
12.52
Grade 4 Engineer
$
10.43
Grade 3 Engineer
$
9.00
Grade 2 Engineer
$
7.83
Grade E Engineering
Technician
$
12.09
Grade D Engineering
Technician
$
8.74
Grade C Engineering
Technician
$
6.39
Grade B Engineering
Technician
$
Grade A Engineering
•
Technician
$
5.30
3.78
3 man survey crew
S
19.96
2 man survey crew
$
15.39
pp SHIVE•IIATTERY b ASSOCIATES
work i n c'6mpl-nncc ' - -- - - --
a schedule depicting specify
during the pr cc ur
II Design Phase 67
essat.w t
After City approval of the prelindnary
notice to proceed, the ConstLlL•ant ai71'
a. preparation of detai]tsl oontract dr
�1
b. preparation of slxcifications, and oon
insure that Uie c:onLact docunents nix
I affirnutive ac Ucn and et vil. oWort7ln
J't
PAnft I nf•,,::
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIRES
i
lrr•
USINESS DEVELOPMENT, INC, - Board of Directors Meeting
July 11, 1978
�,. Page 2
Land Pricing: Waters recommended an appraisal which would include
comparison with other sites in locality; roughly it should be app
r: .50/sq,ft, = 22M/A. This 'better" appraisal will cost $300-500, Burgertely
.r:
moved, Shive seconded that Daniel be authorized to proceed with an
agreement with Waters for an appropriate appraisal. Motion carried
unanimously.
Sale Prospect: Ryan Construction is interested In approximately 22
acres for a distribution center with approximately 200 emploees, Daniel
advised him the price would be near $20M/A. y
A Mr, DePledge is looking for a 150-200M sq.ft. building on approximately
20 acres.
Land Sale Requirements - 1979-82: Daniel presented an analysis (copy
attached), including the second addition costs and Oscar Mayer sale. In
summary, we need to sell one 3 acre tract/year.
Nagle -Selzer B111: Filer is to follow up to get the $4146 paid,
Chamber of Commerce - BDI Relationshi s: Daniel will follow up to try
to get better understanding of responsibilities and expectations. BDI -
Chamber - City relationships also need to be considered,
jCondition of Property: Some junk, weeds, etc. detract from the appear-
ance of the area. Some properties don't yet have landscaping or screening.
Angerer suggests a letter be written to those in violation, requesting
them to meet the covenants. Angerer moved, Radcliff seconded that
Sueppel prepare appropriate letters urging prompt voluntary compliance
with covenants. Motion carried unanimously.
Lift the Station E
BDI s xpansion: Shive suggested the possibility of financing
L MR Vpprox. $65M) on assessment basis, along with the
Berlin will explore this possibility. Angerer move ,
Bennett seconded that the City be assured that if assessment proceedings
atop, the City will not be out any money. Motion carried unanimously.
Cash Statement: Radcliff moved that a cash statement be available at
each meeting. Daniel directed this to be done.
There being no further business, the meeting was adjourned.
The next regular meeting is scheduled for August 8, 1978.
Secretary
cc - Board
work in comp ian -
a schedule depicting
during the i.acpcwt-,
Desiqn Phase
After. City approval of the ►n
notice to proceed, the (Dnsti
a. preparation of detailed
b
preparation of specificatiot7
insure that the conLrDct dOO
affirmative action and ccJuil
II1CROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINCS
AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND BUSINESS DEVELOPMENT INC. (BDI)
i
If for some unforeseen reason the municipal improvements in and adjacent to
the proposed BDI Second Addition are not constructed and the associated
a
assessment bond sales are not completed, BDI hereby agrees to pay the
Consultant's fee for work completed prior to termination of the
City/Consultant Agreement in accordance with the terms of the Agreement
dated July __, 1978.
BUSINESS DEVELOPMENT, INC.
I
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES I90I1JES
I.
SHIVE—HATTERY & ASSOCIATES
GONISULTING EnIGINLCfIPS
HIGHWAY 1 8 1 00 P O BOX 1050
IOWA CITY. IOWA 52240
TELEPI IONS (310)354 3040
Mr. Gene Dietz, P.E.
City Engineer
410 East Washington
Iowa City, Iowa 52240
Dear Gene:
March 6, 1979
(:11" ( -, a... — r- Y I
Jarp•YI !.n.n� Iq AI i
IynunP n..,f PL
11. n.np❑ r..ga•to1 PI
rlAI S
IlulaJ IyiY II VI
Ilona t 11 ran.r PI
I fj 11 L, K., P1
I 1.1Y II. WI.III.Irryl 1'I
Jlllln1, I cY VI.
w'.r..un if O,u. PL
n.• 1,.CI wnaw 1'C
MRn H.. K.urlll4•II.1 PL
J L -ICL l'F
LownC Lm,iij
n PE
D,n41 Mornen PE
em4L Jnnmon PE
1100.1EJ ,gaol] L S
rW,dH Snnnnn E
nurlan Corn.lnn PE
Re: BDI Second Addition C=.tz• L A°"rs.�
We request authorization to proceed with the Design Phase of our agreement
dated July 25, 1978, as amended by our letter dated March 5, 1979• We pro-
pose that compensation for the Design Phase services be on the following
basis: The Consultant shall be paid a fee based on 2.3 x Direct Personnel
Expense; the total fee for the Design Phase shall not exceed $28,300.
Please acknowledge your approval by signing and dating this letter below
and returning one copy to our office.
Yours very truly,
SHIVE-HATTERY b ASSOCIATES
�A
John L. Wipers
I�
JLW/ vt
APPROVED:
CITY OFA CITY
By l�.i/r„a III ' � a
Date .,/7.
�7
1:I70AH RAPIDS 11AVI 111,0111 Ill S MOINES NUH(IONF 11 IAAOISON IOWA CITY VINTON
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
RESOLUTION NO. 79-117
A RESOLUTION ESTABLISHING FEES FOR SERVICES PERFORMED BY THE OFFICE
OF CITY CLERK.
WHEREAS, every citizen has a right to examine and copy public
records and documents, and
WHEREAS, Section 68A.3 of the Iowa Code provides that all expenses
of such work shall be paid by the person desiring to examine or copy
such records, and
WHEREAS, the City Council of Iowa City,' Iowa, recognizes the need to
ensure the protection of public records and to prevent interference
with orderly office routine; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF IOWA CITY,
IOWA, THAT:
1. The charge for copies of records and documents shall be as
follows:
Duplicate copies (xerox) $ .10 each
Municipal Code 1978 (as
set by Council) $45.00 plus $1.35 tax
Municipal Code supplements actual pro -rated cost
Duplicate cemetery deeds $ 1.00
Recording of cemetery quit
claim deeds $ 2.00
Recordak copies $ .50 each
Ordinances previously multilithed $ .02 each side of page
2. No charge will be made for the first 15 minutes for the
services of the City Clerk or his/her staff in research,
retrieval or copying of records. Inspections of more than 15
minutes will be assessed in quarter hour intervals as follows:
A. Non-professional aid or supervision, $1.50 per quarter
hour interval.
B. Professional aid or supervision, $3.00 per quarter hour.
If the service requested cannot be timely completed during
regular office hours, a person may request that it be completed
after hours. The charge will be based upon the overtime paid
to the person providing assistance. The decision to authorize
overtime shall be made by the City Clerk, and the City Clerk
cannot guarantee that the information will be provided in the
time requested.
522
FIICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES I10INES
' RESOLUTION NO. '9-117 1
Page 2
The custodian shall provide an estimate of the cost upon
request and the cost shall be paid prior to the delivery of the
requested documents or information.
It was moved by Balmer and seconded by Neuhauser
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
— x Roberts
x Vevera
—
Passed and approved this 13th day of March, 1979.
fi✓
MAYOR
ATTEST:
CITY CLERK
j
I
p am') &
DEY�T0NT
BY TgE LEGAL r
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
RESOLUTION NO. 79-118
RESOLUTION DESIGNATING THE LOCATION OF THE OFFICIAL BULLETIN BOARD
FOR POSTING NOTICE OF, AND TENTATIVE AGENDA FOR, ALL MEETINGS OF THE
CITY COUNCIL, ANY COMMITTEE OF THE COUNCIL OR COMMITTEE CREATED BY
THE COUNCIL, AND ANY BOARD OR COMMISSION CREATED BY THE COUNCIL,
EXCEPT THE IOWA CITY MUNICIPAL AIRPORT COMMISSION AND THE IOWA CITY
LIBRARY BOARD OF TRUSTEES.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. The official bulletin board for posting notice of, and
tentative agenda for, all meetings of the City Council any committee
of the Council or committee created by the Council, and any board or
commission created by the Council, except the Iowa City Municipal
Airport Commission and the Iowa City Library Board of Trustees, is
the bulletin board located in the entrance hall of the Civic Center,
410 E. Washington Street, Iowa City, Johnson County, Iowa, to the
right of the Washington Street entrance doors.
SECTION 2. This resolution is effective upon its passage and
approval in accordance with law.
It was moved by Perret and seconded by Npnhaucar
that the resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 13th day of March, 1979.
MAYOR
ATTEST:
CITY CLERK CL RK
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
jRECEIVED &'APPROVED
TEM LEGAL
S� 3
City of Iowa Cit";
MEMORANDUM
Date: February 26, 1979
To: Neal Berlin
From: Bob Bowlin
Re: Resolution for Designating Official Bulletin Board for
Open Meetings Law
Dear Neal:
Abbie has sent me a copy of a proposed resolution just received from
the League of Iowa Municipalities concerning the designation of an
official bulletin board. It seems to me that such a designation
would be useful to prevent any confusion. Attached please find a
draft copy of such a resolution for Iowa City. I have not included
the Airport Commission in the Library Board of Trustees, since they
have a certain amount of autonomy, and further, since they may wish
to designate some other place besides the Civic Center as their
official bulletin board.
While each separate board or commission in the City is a"governing
body" within the meaning of Section 3(1)(b), yet I do not feel it is
necessary to have each governing body independently designate its
official bulletin board. I do not see any reason why the City
Council cannot designate a bulletin board for all its boards and
commissions. Thank you, Neal.
Bob Bowlin
bj1/5
cc: '/Abbie Stolfus, City Clerk
John Hayek, City Attorney
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MONIES
5'. 3
,�N
MICROFILMED By
JORM MICROLAB