HomeMy WebLinkAbout1979-04-24 ResolutionRESOLUTION NO. 79-164
RESOLUTION APPROVING CLASS A Liquor
LIQUOR CONTROL LICENSE APPLIZ7C"
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class A Liquor Control License application
is hereby approvecTTor the following named person or
persons at the following described location:
Leroy E. Weeks Post 3949 V.F.W., Highway 6 E. Bypass
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.
I It was moved by Perret and seconded by Balmer
that the Resolution as res a adopted, and upon -r -o-1 call
there were:
AYES: NAYS: ABSENT:
! Balmer
I deProese X _
Erdahl x
Neuhauser
I Perret x
Roberts
Vevera X
Passed and approved this 24th day of April 19 79
I
I
' Mayor
i Attest: , J
City Clerk
:I.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
RESOLUTION NO. 79-165
RESOLUTION OF APPROVAL OF CLASS_ A Liquor SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class A Liquor Sunday Permit application is
hereby approved for the followingnamed
the following described location: or persons at
Leroy E. Weeks Post 3949 V.F.W., Highway 6 E Bypass
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 Perret and seconded by Balmer
that the Resolution as.read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer
deProsse X
Erdahl >(
Neuhauser X
Perret
Roberts
Vevera
19 Passed and approved this 24th day of April ,
-79
Mayor
Attest:
City Clerk
4
1
FIICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
iI.
Q
j' RESOLUTION NO. 79-166
RESOLUTION APPROVING CLASS
LIQUOR CONTROL LICENSE APPL
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approveFfor the following named person or
persons at the following described location:
Pershell Corp. dba Colonial Bowling Lanes, 2252 Highway 218 South
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 p and seconded by Sol Pr
that the Resolution as read be adopted, and upon roll call
there were:
Vevera
Passed and approved this 24th day of April 19 79
Mayor
Attest: u
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES FIOIMES
M
AYES: NAYS: ABSENT:
Balmer
�C
deProsse
x
Erdahl
Neuhauser
X _
Perret
Roberts
Vevera
Passed and approved this 24th day of April 19 79
Mayor
Attest: u
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES FIOIMES
M
RESOLUTION NO. 79-167
RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class Cli,Wr Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
Pershell Corp. dba Colonial Bowling Lanes, 2252 Highway 218 South
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 Perret and seconded by Balmer
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS:
Balmer J�
deProsse X
Erdahl
Neuhauser ,Y
Perret X
Roberts
Vevera )(
Passed and approved this 24th
19 79
Attest: � �L
City Clerk
Mayor
ABSENT:
day of April ,
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOVIES
F!3M
RESOLUTION N0. 79_168
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
the following named person or persons at
locations: the followingdescribed
Ware & McDonald Oil Co. dba/Wareco, 828 South Dubuque St.
Said approval shall be subject to any conditions or restrictions
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, surety bond,and all other information or
documents required to the Iowa Beer and Liquor Control Department.
It was moved byPerper_ and seconded by Balmer
that the Resolution as read be adopted, and upon rol calms 1 there
were:
Balmer
AYES:
X
NAYS: ABSENT:
deProsse
X
Erdahl
Neuhauser
Perret
X
Roberts
s{d�w
Vevera
X
Passed
and approved
this 24th day of
April 1979
Mayor
Attest:
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
VIM
�1
RESOLUTION NO. 79-169
RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Beer Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
Ware & McDonald Oil Co. dba/Wareco, 828 South Dubuque 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 Perrpt and seconded by Balmer
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer
deProsse X
Erdahl
Neuhauser X
Perret K
Roberts
Vevera �(
19 79
Passed and approved this --
24th day of April
_
62
Mayor
Attest:
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES HOINES
M
RESOLUTION NO. 29-170
RESOLUTION TO ZSSUE DANCING PERMIT
I
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit, to wit:
B.P.O. Elks #590, 637 Foster Road
It was moved by Perret and seconded by
that the Resolution as res e a opted, and upon rol ca t ere
were:
AYES: NAYS: ABSENT:
Balmer
deProsse X
Erdahl
lk�
Neuhauser X
PerrePerret X
Roberts
Vevera x
Passed and approved this 24thday of _ April
197 9 '
;,�����
Mayor
Attest:Alva)c�
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIRES
Mi
RESOLUTION NO. 79-171
RESOLUTION TO REFUND BEER PERMIT CORRECTED COPY
Happy Joe's Pizza & Ice Cream Parlor
WHEREAS, Beka Ltd. dba/ at 805 - First Ave.
has surrendered Beer Permit No. BB 4740 expiring 1/15/80
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 $ 225.00 payable to
Happy Joe's Pizza & Ice Creamfor refund of Beer Permit No. BB 4740.
Par or
It was moved by Perret and seconded by Balmer
that the resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
f
Balmer
deProsse X
Erdahl X
Neuhauser
Perret �C
Roberts
Vevera
Passed and approved this 24th day of April , 19 79 _.
i
i
Mayor
Attest:
City Clerk
M
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
RESOLUTION NO. 79_172
RESOLUTION TO ISSUE CIGARETTE PERMITS
cation Ha dApaidhtheomulctntaxlrequiredrms and pbrslaw have made le of—
cigarettes and cigarette papers; therefore,
Y law for the sale of
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
Donutland, Inc. dba/Donutland 941, 817 S. Riverside Drive
It was moved by _p2prrpt and seconded by Balm r
that the Resolution as read be adopted, and upon roll call —there
were:
Balmer AYES: NAYS: ABSENT:
deProsdeProsse k
Erdah_ 1__ x
NeuhauNeuhau—_ K
PerrePerret
Robert_ s J
I.Cr li
Vevera
Passed approved this 24th
19 79 day of April
Mayor
Attest: L )
City Clerk .
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 610I1jE5
RESOLUTION NO. 7Q-171
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;
Four Cushions, Inc. dba/Control Tower, 18-20 South Clinton 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 Perret and second d by Balmer
i that the Resolution as rea a adopted, and upon ro ca
there were:
AYES: NAYS: ABSENT:
Balmer X
IdeProsse i -
I Erdahl X
Neuhauser �(
Perret X
1 Roberts
.SLOSld! w
Vevera
Passed and approved this 24th day of April 19 79
i
I
i
Mayor
Attest:-(��/4�A.
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 140111Cs
F/4
RESOLUTION NO. 79-174
RESOLUTION APPROVING AMENDED
FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN
OF LOTS 3 AND 4 OF "the WESTWINDS"
WHEREAS, an amended Final Large Scale Residential Plan of "the
Westwinds", Iowa City, Johnson County, Iowa, has been filed with the
City Clerk of Iowa City, Iowa; and,
I WHEREAS, Melrose Corporation and Medivestments are the owners and
proprietors of the real estate described in said amended Final Large
Scale Residential Development Plan;
WHEREAS, Melrose Corporation and Medivestments have executed a
Dedication and an Agreement with the City of Iowa City, Iowa, providing
for the construction of sewer mains, water mains, and private drives.
WHEREAS, all the necessary documents have been submitted to the
City of Iowa City, Iowa;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that the amended Final Large Scale Residential Development Plan of
Lots 3 and 4 of "the Westwinds" be granted and are hereby approved by
the City of Iowa City, Iowa. The Mayor and City Clerk are hereby
authorized and directed to execute said Agreement on behalf of the City
of Iowa City, Iowa, and to certify this Resolution of approval and affix
the same to the plat submitted by Melrose Corporation and Medivestments,
the Developer's Agreement attached to this Resolution is by this reference
made a part hereof.
It was moved by Perret and seconded by Neuhauser
that the Resolution as read be adopted and upon roll call there were:
I �
D7 T'r.i, 1}J.il V:r .i.'r1?ia
$Z�
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
-2-
AYES NAYS ABSENT
BALMER Abstain
dePROSSE x
ERDAHL x
NEUHAUSER x
PERRET x
ROBERTS x
VEVERA x
The foregoing is hereby duly certified by Abbie Stolfus, the City
Clerk of Iowa City, Ionia, as a true and exact copy of a Resolution of
the City Council of Iowa City, Iowa, made at a regular meeting held on
the P4 day of April, 1979,
w
61 IT CLERK Of IOWA Ca TY, 1 UWA
Passed and approved this 24 day of April, 1979.
ROBERT VEVLRA, Mayor
ATTEST:
LUL
Lity Clerk
CORPORATE SEAL
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
i
k
AGREEMENT
THIS AGREEMENT made and entered into by and betwen Melrose Corpor-
ation, an Iowa corporation, and Medivestrnents, an Iowa limited partner-
ship, hereinafter collectively called "Developer", and the City of Iowa
City, Iowa, a municipal corporation hereinafter called "City".
WI TNESSETII:
WHEREAS, Developer has submitted an amended Final Large Scale
Residential Development Plan of Lots 3 and 4 of "the Westwinds" known as
"Windshire", to the City for approval, which proposed development is
located on the following described real estate, to -wit:
Lots 3 and 4, Westwinds Subdivision, Iowa City, Iowa
according to the recorded plat thereof, more parti-
cularly described as follows: Comnencing at the
Southeast Corner of the Southwest Quarter of the
Northwest Quarter of Section 17, Township 79 North,
Range 6 West of the Fifth Principal Meridian; thence
N 00°13'31" 14, 1875.00 feet on the Centerline of
Mormon Trek Boulevard; thence West 524.10 feet to
the Southeast Corner of the Westwinds; thence West
619.00 feet to the Point of Beginning; thence West
177.65 feet; thence N 00°16'13" W, 715.36 feet to
the Southerly Right -of -Way line of Melrose Avenue;
thence N 89009'16" E, 273.79 feet; thence South-
easterly 31.58 feet along a 20.00 foot radius curve,
concave southwesterly, whose 28.40 foot chord bears
S 45°36149" E; thence S 00°22'55" E, 57.45 feet
along the Westerly Right -of -Way line of Westwinds
Drive; thence Southeasterly 51.17 feet along a
775.00 foot radius curve concave Northeasterly whose
51.16 foot chord bears S 02°16'24" E; thence S
04°09'53" E, 136.24 feet; thence Southwesterly
108.10 feet along a 325.00 foot radius curve concave
Northwesterly, whose 108.20 foot chord bears S
05°25'04" W; thence S 15000100" Id, 249.84 feet;
thence Southwesterly 71.99 feet along a 275.00 foot
radius curve whose 71.79 foot chord bears S
22°30'00" W; thence S 30°00'00" W, 45.84 feet to the
Point of Beginning. Said tract of land containing
4.49 acres.
WHEREAS, the City has imposed certain requirements upon the Devel-
oper as a condition to the approval of said amended Final Large Scale
Residential Development Plan;
NOW, THEREFORE, in consideration of the approval of the amended
Final Large Scale Residential Development Plan (known as "Windshire")
':'i.• '. :1 C. _L..: of
MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
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by the City and in consideration of the mutual covenants hereinafter set
forth, it is agreed by and between the parties as follows:
I. CONSIDERATION AND COVENANT. In consideration of the City
approving the amended Final Large Scale Residential Development Plan of
Lots 3 and 4 of "the Westwinds" (known as "Windshire"), the Developer
agrees as a covenant running with the land that the City shall not
approve the building permit on said real estate unless and until water
mains, sanitary sewers, and private drives have been installed in front
of or adjacent to Lots 3 and 4 of "the Westwinds".
2. CONSTRUCTION OF IMPROVEMENTS. All such improvements as stated
in Section 1 of this Agreement shall be constructed and installed by
Developer according to the plans and specifications of the City and
under the direction of the Engineer of the City. Said direction shall
consist of occasional inspection of the work in process, but shall not
relieve or release Developer from its responsibility to construct said
improvements pursuant to said plans and specification.
3. BUILDING PERMIT AND ESCROW MONIES- It is further provided,
however, that in the event the Developer, its assigns or successors in
interest, should desire a building permit on Lots 3 and 4 of "the West -
winds" for which pavement, water mains and sanitary sewers are not
installed, Developer, its assigns or successors in interest, shall
deposit with the Clerk of City in escrow an amount equal to the cost of
said improvements plus ten percent (10%) thereof as determined by the
City Engineer's Office of the City. When said funds are deposited, the
Building Inspector of City shall issue a building permit provided that
the applicant complies with all other requirements and ordinances of
City.
4. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit
for any building erected pursuant to Section 3, City in its discretion
may require the Developer, its assigns or successors in interest, to
MILnurILMty 51
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
-3 -
construct and install such improvements as stated in Section 1.
5. USE OF ESCROW MONIES. If after the issuance of an occupancy
permit, the improvements as stated in Section 1 have not been con-
structed and installed, the City may use any funds deposited in escrow
to construct and install such improvements. Should the cost of the
construction and installation of said improvements exceed the amount of
said escrow, the City shall have a lien and charge against all the lots
adjacent to or in front of which said improvements are made.
The City shall refund to the depositor any escrow loonies not used
by the City after the construction and installation of such improve-
ments.
6. WAIVER. In the event Developer, its assigns or successors in
interest, shall sell or convey any real estate (including condominium
units) located in Lots 3 and 4 of "the Westwinds" without having had
constructed or installed the water mains, sanitary sewers or pavement,
the City shall have the right to install and construct said improvements
and the costs of said improvements shall be a lien and charge against
all of the real estate to or in front of the real estate on which the
improvements are made. Further, the condominium units in Lots 3 and 4
may be assessed for improvements under the provisions of Chapter 384 of
the Code of Iowa. The cost of such improvements need not meet the
requirements of notice, benefit or value as provided by law of the State
of Iowa for assessing such improvements. It is further provided that
this requirement to so construct said improvements is and shall remain a
lien from date until properly released as hereinafter provided.
The City agrees when such improvements have been installed to tile
satisfaction of the City it will immediately file in the Office of the
County Recorder of Johnson County, Iowa, a 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.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 14O114ES
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7. STORM WATER CONTROL STRUCTURE. Developer will construct a
storm water detention facility in accordance with the Iowa City Storm
Water Management Ordinance with the Iowa City Storm Water Management
Ordinance and pursuant to plans and specifications approved by the City
of Iowa City, as shown on the amended Final Large Scale Residential
Development Plan of Lots 3 and 4 of "the Westwinds" (known as "Windshire")
and after such facility has been constructed, Developer shall be respon-
sible for the continued operation, maintenance and repair of such
facility in a manner which is consistent with said ordinance, which
obligation shall be a covenant running with the land and enforceable by
the City against the Developer and the Developer's successors in
interest.
8. EASEMENTS. As shown on the Plat of the amended Final Large
Scale Residential Development Plan, blanket easements are provided for
installation and maintenance of public and private utilities. No
buildings may be constructed over public utilities.
g. COVENANT. This Agreement shall be binding upon the parties
hereto and their successors in interest and shall be construed as a
covenant running with the title to the land described herein as though
MICROFILMED BY
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the same were incorporated into each subsequent conveyance of the land
described herein.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed at Iowa City, Iowa, on thisd Sday of April, 1979.
DEVELOPER
MEDIVESTMENTS
SS.
JOHNSON COUNTY
CITY OF IOWA CITY, IOWA
By
Robert vevera, Mayor
By 1 11, (" J i-• ,/
Abbte Sto fus, Ciry C erk
On this i day of April, 1979, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Bruce A.
Orr and Gregory Kessler, to me personally known, who, being by me duly
sworn, did say that they are the President and Treasurer respectively,
of said corporation executing the within and foregoing instrument, that
no seal has been procured by the said corporation; that said instrument
was signed on behalf of said corporation by authority of its Board of
Directors; and that the said Bruce A. Orr and Gregory Kessler, as such
officers acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them volun-
tarily executed.
1
I
Notary Public for!the State of Iowa
j
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES no1NEs
a
STATE OF IOWA
SS.
JOHNSON COUNTY
On this -? 3�day of April, 1979, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
Robert A. Vevera and Abbie Stolfus, to me personally known, who being by
me duly sworn, did say that they are the Mayor and City Clerk, respec-
tively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said corpora-
tion by authority of its City Council; and that the said Robert A.
Vevera and Abbie Stolfus as such officers acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal
corporation, by it and by them voluntarily executed.
Vu u) ajar
Notary Public for the State of Iowa
STATE OF IOWA
SS.
JOHNSON COUNTY
On this L day of April, 1979, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
Bruce A. Orr to me known to be the identical person named in and who
executed the within and foregoing instrument and acknowledged that he
executed the same as his voluntary act and deed.
Notary Public for the State of Iowa
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1101NES
I
REsoLUTION N0. 79-175
RESOLUTION ACCEPTING PRELIMINARY PLAT'
OF MORELAND SUBDIVISION
i
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the
approval of the preliminary plat for Moreland Subdivision
be gzmtedpith the following conditions:
None.
i
It was moved by deProsseand seconded by Perret
that the resolution as read be adopted ■nd upon roll call there were:
AYES: NAYS: ABSENT:
R _BAI-MFR
Passed and approved this 24th day of April , 1979.
ATTEST: % J MAYOR
CITY CLERK
y Th= l.ral D
� cp.jrij:nt
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1401NES
sz.z
RESOLUTION #79-176
RESOLUTION APPROVING FINAL PLAT OF
MORELAND SUBDIVISION, LOT 1
WHEREAS, the owner and proprietor, Moreland Subdivisionl.ot 1
has filed with the City Clerk plat and subdivision of the
following described premises located in Johnson County, Iowa,
to -wit:
Commencing at the Northwest corner of Section 12, Township 79
North, Range 6 West of the 5th Principal Meridian; Thence East
571.76 feet; Thence South 1287.40 feet to the Point of Begin-
ning; Thence N51013'23"E, 275.04 feet; Thence 523014153"E, 290.92
feet to the Northerly Right -of -Way line of Rochester Avenue;
Thence S4803410011W, 204.44 feet on said Northerly Right -of -Way
i line; Thence Southwesterly 37.30 feet along said Right -of -Way
line on a 673.00 foot chord radius curve concave Northwesterly
whose 37.30 foot chord bears S50009116"W; Thence N3000514011W,
293.84 feet to the Point of Beginning. Said tract of land
s<
containing 1.69 acres.
WHEREAS, said property is owned by the above named corpora-
tion 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 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.
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 a copy of
this Resolution to the County Recorder of Johnson County, Iowa.
AYES: NAYS: ABSENT:
X Balmer
X DeProsse
X Erdahl
X Neuhauser
X Perrot
X Roberts
X
Vevera
It was moved by deProsse, seconded by Perret that the Resolution
as read be adopted, roll call as above.
Ey T.:-
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES t401NES
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Passed and approved this 24th day of _ April
1979.
MAYOR
ATTEST: 2)L
CITY CLERK
MICROFILMED DY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Dan Johnson
Item: S-7910. Moreland Subdivision Date: April 9, 1979
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulations:
45 -day limitation period:
60 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Public services:
Transportation:
John Moreland
2160 Taylor Drive
Iowa City, Iowa 52240
Preliminary and final subdivision
plat approval
To construct a single family home.
North of Rochester Avenue approx-
imately 100 feet east of
Post Road.
1.69 acres
Undeveloped and RIA
North - undeveloped and RIA
East - single family & RIA
South - single family & RIA
West - undeveloped and RIA
Area designated for 2-8 dwelling
units per acre.
Subdivision Regulations of
Chapter 32 of the Municipal
Code and the Storm Water
Management Ordinance.
5/7/79
5/21/79
Please see "Analysis" on next page.
Sanitation service is available as
well as police and fire
protection.
Vehicular access is proposed from
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2 ' s
Rochester Avenue.
Physical characteristics: The topography.is moderately
sloping to steep (5-20%).
ANALYSIS
The preliminary and final subdivision plats of Moreland Subdivision are in
substantial compliance with the Subdivision Regulations (Chapter 32) of the
Municipal Code. It is the developer's intent at this time to construct a single
family home on Lot 1. The final final plat shows only Lot 1 of a two lot
subdivision. Lot 2 will be developed in the future by Bruce Glasgow. As an
alternative to providing public improvements at this time, an agreement from
Mr. Glasgow should be submitted which states that upon resubdivision of Lot 2 he
Will provide public improvements and comply with the Storm Water Management
Ordinance for Lot 2 in such a manner as to enable Lot 1 to tie into such
improvements and provide appropriate stormwater management facilities. Until
such time as these improvements are made, Lot 1 will provide sewage treatme
installation of an approved septic system. This would appear to be a reasonable nt by
course of action in view of the fact that for Lot 1 to tie into existing sewer
f lines would require drilling under Rochester Avenue if the connection were to be
I accomplished at this time. In addition, the natural slope of Lot 1 toward Lot 2
suggests that it would be more appropriate toI rovide management facilities in that direction. Finally, in vieb
w softhe sfactwthat
vehicular access to Lot 2 will be from First Avenue it is not necessary to
require public improvements such as streets for Lot 1 because Lot 1 is already
adjacent to an existing street.
RECOMMENDATIONS
It is the staff's recommendation that action on the preliminary and final
plats be deferred. Upon revision of the plats incorporating the deficiencies and
discrepancies listed below, the staff recommends the plat be approved.
DEFICIENCIES AND DISCREPANCIES
I 1. The legal papers are not in order and should be revised.
2. The signatures of the utility companies should be provided.
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3. An agreement from Bruce Glasgow assuring the provision of public
improvements and compliance with the Storm Water Management Ordinance for
both Lot 1 and Lot 2 should be provided.
4. The name(s) and address(es) of the owner(s) of the subdivision and their
attorney(s) should be shown on the preliminary plat.
5. The location of the existing sanitary sewer at the end of Post Road should
be shown on the preliminary plat.
ATTACHMENTS
1. Location map
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ACCOMPANIMENTS
1. Preliminary Subdivision Plan.
2. Final Subdivision Plan.
3
Approved by n4s.ra t, ire r
DepPlanning and
Program Development
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ACCOMPANIMENTS
1. Preliminary Subdivision Plan.
2. Final Subdivision Plan.
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Approved by n4s.ra t, ire r
DepPlanning and
Program Development
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LOCATION MAP
scM.E t" .1 000'
0
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S-7910
April 10, 1979
City of Iowa City
Civic Center
I Iowa City, Iowa 52240
Attn: Mr. Robert A. Vevera, Mayor
Re: Preliminary & Final Plats of'Moreland Subdivision
Iowa City, Iowa (S-7910)
Dear Mr. Vevera:
I am respectfully requesting that the above referenced subdivision be placed on the
edgende for Council review and action on April 23 and 24, 1979.
The plste'will'be before the Planning.&'Zoning.Commission, for their consid
on April 16 and 19, 1979.. eration,
If you have any questions regarding this please contact me accordingly.
Respectfully,
ohn.Moreland
j JM:dt
7
APR 1 01979
A.BBIE STOLFUS, CMC
CITY CLERK (3)
893
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CITY OF IOWA CITY'
CIVIC CENIL(,' 410 L W/\51IINGIO(l SI IUW6� CITY IUNWA 52240 09) 354.18GO
FOR IMMEDIATE RELEASE - 23 April 1979 Contact: Mace Braverman
337-4195
The Iowa City Human Rights Commission takes strong exception to public comments
made by a member of the Iowa City City Council impaling the Iowa Civil Rights
Commission's handling of the Linda Eaton case while still at the conciliation
stage.
A reponse is made necessary so that public trust in any civil rights agency will
not be undermined or discredited.
It is the intent of this Commission to call the public's attention to the
complaint process so that thepublic will understand how any civil rights agency
operates.
When a•civil rights agency accepts a case an impartial investigation is conducted,
a finding of probable or no probable cause is rendered, and a proposed conciliation
agreement, encompassing a just resolution, is submitted bo both parties. This
procedure was followed by the Iowa Civil Rights Commission.
The Iowa City Human Rights Commission is charged with similar duties. Outbursts
blankedly impuning the Iowa Civil Rights Commission and its procedures strikes
too close to home. Further, many of our cases ultimately are referred to the
Iowa Civil Rights Commission which, therefore, requires a close working relation-
ship. We feel the remarks attributed to an Iowa City Council member jeopardizes
- more -
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Br_� $_
Page 2
this relationship and we wish to go on record opposing this particular outburst
and further request a more jydicious response by any City official in the
future.
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RESOLUTION NO. 79-177
RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY
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WHEREAS, the City of Iowa City, hereinafter called the City, has entered into
an agreement with the Iowa Department of Transportation, Highway Division, hereinafter
called the State, for the implementation of a Federal -Aid Urban System, FAUS, project
known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to
effectively administer the FAUS program in Iowa); and,
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WHEREAS, in order to accomplish the goals and objectives of that FAUS project
and in furtherance of the.public welfare, the City deems it necessary and in the
public interest to acquire the property described below, either by purchase or by the
exercise of the powers of eminent domain; and,
WHEREAS, the City has received appraisals, staff reports and recommendations
concerning the Just Compensation for certain property contained therein, and has
ireviewed the appraisals, and reports, and being familiar with the property identified
below, desires to establish the Just Compensation for said property for the purposes
of acquisition.
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the i
prices and amounts opposite each parcel of land, and all interests therein, including
improvements,, buildings, and fixtures, identified below, is hereby declared to be the j
Just Compensation for the purpose of acquisition of each said parcel and all other
interests.
The Staff of the City is hereby authorized to begin negotiations for the purchase
of said property and the Mayor and City Clerk are authorized to contract for the
purchase of said property. In the event negotiations for purchase are unsuccessful,
the City staff is hereby authorized to institute condemnation proceedings for the I
acquisition of said property.
This resolution certifies that the work of the appraisers and the review appraiser
with respect to each property has been performed in a competent manner in accordance
with applicable State and Federal laws and regulations.
Real Estate Interest
Parcel Owner Just Compensation
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3 John S. Gottlieb; James L. Kerr, David $47,300
A. Sidwell, dba "The Motorcycle Clinic"
5 James F, Brenda Schintler, Ronald G Marilyn $17,800
Schintler, Richard Schintler, Barbara J.
Schintler
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6 W.A. Gay $ Company, Inc. $ 8,600
9 Arie $Antonia Kroeze $ 1,800
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It was moved by Balmer and seconded by Neuhauser
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
-R— Balmer
g deProsse
X Erdahl
x Neuhauser
g Perret
X Roberts
X Vevera
Passed and approved *this day of 014 M y 1979.
tj
Mayor
ATTEST: PAL a�" .11
City Clerb
1
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RESOLUTION NO. 79-178
RESOLUTION APPROVING CONTRACT FOR LEGAL
SERVICES AND AUTHORIZING LITIGATION
WHEREAS, the City of Iowa City wishes to retain counsel to represent
it in connection with legal matters pertaining to Freeway 518, and,
WHEREAS, the attached agreement sets forth the understanding of the
parties with respect to retaining attorney David A. Elderkin of Cedar
Rapids to represent the City in connection with such matters.
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City that
the attached agreement for legal services is hereby approved and the
Mayor and City Clerk are authorized to execute the same on behalf of
the City. Further, litigation is authorized as set forth in the
agreement.
It was moved by Neuhauser and seconded by — dePross e
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 24th day of April, 1979.
MAYOR
ATTEST: (2
CITY CLERK
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A/Gee11 h5
Agreement Reference Legal Services
This agreement is entered into this .30ttu day of April, 1979, by
and between the City of Iowa City, Iowa, hereinafter referred to as
the City, and attorney David A. Elderkin of the law firm of
Wadsworth, Elderkin, Pirnie and Von Lackum, of Cedar Rapids, Iowa,
hereinafter referred to as Elderkin.
WHEREAS, the City desires to secure legal serveces to advise and
represent the City in connection with legal matters pertaining to the
planning and construction of a freeway located west of Iowa City
known as Freeway 518, and,
WHEREAS, the City desires to retain Elderkin as special counsel to
represent the City in connection with this matter
NOW THEREFORE IT IS AGREED as follows:
1. That Elderkin shall serve as special counsel to the City of Iowa
City to represent the City in connection with legal matters
pertaining to the alignment of the 518 freeway.
2. It is agreed that Elderkin shall commence initially a review of
the factual and legal background of the 518 alignment matter and
shall report to the City Council of Iowa City on his conclusions
and opinions concerning the legal rights and responsibilities
of the City in connection with that matter including his views
as to the advisability of litigation concerning the alignment
of the freeway.
In addition, Elderkin shall commence and conduct litigation
concerning this matter on behalf of the City if such litigation
is deemed by him to be advisable upon consultation with the City
Manager and City Attorney.
3. It is understood and agreed that Elderkin shall report to the
City Council of Iowa City regarding progress of any litigation.
4. Elderkin shall be compensated at the rate of $50.00 per hour for
work done pursuant to this agreement. Elderkin shall bill the
City monthly, providing an itemized statement of services
performed, and the City agrees to pay the statements promptly.
5. It is further agreed that Elderkin may wish to utilize the
services of other personnel in his firm and in the event he
choses to do so he shall provide the City with a list of the
names and the rates of compensation to be paid. The City will
then reimburse Elderkin for services performed by such
personnel. In the event Elderkin desires to obtain the services
of other counsel to assist him in the conduct of this matter, he
shall submit information to the City Council concerning such
counsel for City approval.
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6. It is agreed by the parties that this agreement may be
terminated by either party upon written notice in which event
Elderkin shall be paid for all work done to the date of
termination.
Signed at Iowa City, Iowa, on the date stated above.
City of Iowa City
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MA I OR
ATTEST:
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David A, derkln {
615 Higley Building
Cedar Rapids, Iowa 52406
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RESOLUTION N0. 79-179
RESOLUTION ESTABLISHING TAPPING FEES FOR WATER SERVICES
WHEREAS, the City is authorized to establish rates for connection to
water service, and
WHEREAS, it is in the public interest to defray the cost of connection
by charging a reasonable fee.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA that fees shall be established as follows:
Pipe Fee
3/4 $ 9.60
1" $ 11.10
1} $ 14.65
1} $ 17.20
2 $ 19.80
It was moved by Balmer and seconded by Erdahl that the
Resolution as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
:F-- deProsse
x Erdahl
x Neuhauser
x Perret
3F— Roberts
x vevera
Passed and approved this ? 4 day of April , Ig7q,
MAYOR
ATM:� Cclie' LI
CITY CLERK
RECEIVED 6 `PPROVED
BY THE LEGU 11MRliM
ao
spy
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RESOLUTION NO. 79 - 18 0
.U�er7� K y
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
FOR WASHINGTON STREET BRIDGE DESIGN
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with , a copy of said a r
egment
being attachedto s Reso u on s reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter
into said agreement for the design of the Washington Street bridge over
Ralston Creek.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the agr ement with NNW. Inc.
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Perret and seconded by Neuhauser the
Resolution be adopted, and upon rocall there were:
AYES: NAYS: ABSENT
X BALMER
X dePROSSE
X ERDAHL
X NEUHAUSER
x PERRET
X ROBERTS
_ VEVERA .
Passed and approved this 24 day of April , 1979.
7 �
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_�yi
ATTEST: , >ro
City Clerk
ReCei,.•ed g, P.rT'7"%ad
By 'V;o Leal D:.{.:
83/
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AGREEMENT
(WASHINGTON STREET BRIDGE DESIGN)
This Agreement, made and entered into this 3e day of
T , 197f, by and between the City of Iowa City, a municipal
corporation, hereinafter referred to as the City and N.N.W., Inc. of
Iowa City, Iowa, hereinafter referred to as the Consultant.
Now therefore, it is hereby agreed by and between the parties
hereto that the City does retain and employ the said Consultant to
act and represent it in all matters involved in the terms of this
Agreement. Such contract of employment to be subject to the
following terms and conditions and stipulations, to wit:
a. To discharge from employment or refuse to hire any
individual because of their race, color, religion, sex,
national origin, disability, age, marital status, or
sexual preference.
b. To discriminate against any individual in terms,
conditions, or privileges of employment because of their
race, color, religion, sex, national origin, disability,
age, marital status, or sexual preference.
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I.
SCOPE OF
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2 In October of 1978, N.N.W., Inc., completed a brief report on
several alternatives for improving the bridge at Washington Street
Bridge over Ralston Creek. This report suggested the replacement of
the existing deck with a reinforced concrete slab as a recommended
solution. It is the intent of this agreement that the N.N.W., Inc.
report be the basis for the design services performed by the
Consultant. The Scope of Services shall include a preliminary
phase, a design phase, and a construction phase which are further
defined as follows:
Preliminary
In this phase the Consultant shall either confirm or reject the
N.N.W. study through a more detailed analysis. To be included
in the analysis shall be soils information regarding abutment
settlement due to added dead load. The Consultant shall also
determine feasibility of design through discussion with
regulatory agencies (specifically Iowa Natural Resources
Council). Further discussion and meetings with utility
companies and private land owners as necessary shall be
performed by the Consultant. Five (5) copies of the
preliminary plan shall be submitted to the City for review
purposes. The preliminary plans shall include, but not be
limited to, elevations, cross-sections, flood flows,
utilities, property lines, surface intersection geometry,
material selection, and other appropriate design criteria.
Design Phase
After City approval of the preliminary design and cost
estimate and upon written notice to proceed, the Consultant
will begin the design phase which will include:
a. Preparation of detailed contract drawings;
b. Preparation of specifications and contract documents.
The Consultant will insure that the contract documents
will meet all requirements of the City's affirmative
action and equal opportunity program. The Consultant
will coordinate with the Human Relations Department to
insure that all required non-discrimination and equal
opportunity statements or affirmative action programs are
included in the contract documents;
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c. Furnishing the City with two (2) copies of the
specifications and contract drawings for a final review
by the City. The Consultant will obtain project approval
from other agencies after City review and approval as
required; and
d. Preparation of a final Construction Cost estimate upon
completion of final design. This Construction Cost
estimate will include a bidding contingency of ten
percent.
If the lowest bona fide proposal or bid exceeds the estab-
lished Construction Cost limit, City shall (1) give
written approval to increase such cost limit, (2)
authorize negotiating or rebidding the project within a
reasonable time, or (3) cooperate in revising the project
scope or quality. In the case of (3), Consultant shall,
without additional charge beyond the maximum cost defined
in this agreement, modify the Contract Documents as
necessary to bring the Construction Cost within the cost
limit. The providing of such service will be the limit of
Consultant's responsibility in this regard and, having
done so, Consultant shall be entitled to payment for his
services in accordance with this Agreement.
a Construction Phase
F
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
documents for contractors. The bid documents for this
phase are not a reimbursable expense;
b. Tabulation and analysis of bid results and furnishing
recommendations on the award of the construction
contracts;
C. Assistance on the preparation of the formal documents for
the award of the contracts;
d. Consult and advise the City during construction relative
to this project;
e. Preparation of elementary sketches and supplementary
sketches required to resolve actual field conditions
encountered;
f. Checking detailed construction drawings and shop and
erection drawings submitted by contractors for compliance
with design concept;
g. Reviewing laboratory reports, materials and equipment;
h. It is intended that the City's Engineering Division will
be responsible for resident project inspection. However,
the Consultant will 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 contract documents. He shall
advise the project inspector of any deficiencies noted or
anticipated during the periodic visits; and
i. Make a final inspection report to the City upon
completion of the project.
Special Services
Upon request the Consultant agrees to furnish special
services. Such special services may include:
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3. It is understood and agreed that the employment of the
Consultant by the City for the purposes of said project shall
be exclusive, but the Consultant shall have the right to employ
such assistance as may be required for the performance of the
project. Said Consultant shall be responsible for the
compensation, insurance and all clerical detail involved in
their employment.
4. It is agreed by the City that all records and files pertaining
to information needed for said project will be made available
by said City upon request of the Consultant. The City agrees
to furnish all reasonable assistance in the use of these
records and files.
5. It is further agreed that no party to this Agreement will
perform contrary to any State, Federal or County law or any of
the ordinances of the City of Iowa City, Iowa.
6. The Consultant shall attend such meetings of the City Council
relative to the work set forth in this contract as may be
requested by the City. Any requirements made by the City shall
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a. Soil investigation, including test borings, related
analysis and recommendations;
b. Land surveys, title and easement searches and
descriptions of boundaries and monuments and related
office computations and draftings;
C. Technical observation by a Resident Project
Representative and supporting staff as required who will
observe the work for compliance with Contract Documents,
and provide construction record drawings of the completed
projects. Specific duties shall include but not be
limited to (1) setting of lines and grades as
construction proceeds; (2) revision of contract drawings
to show location and nature of improvements as actually
constructed; and
d. Assist the client as expert witness in litigation arising
from the development or construction of the project and
in hearings before various approving and regulatory
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agencies.
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II. TIME OF COMPLETION
The Consultant will complete the phase of this project within the
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times listed below:
Preliminary Phase - 30 days after signing of this contract.
p
Design Phase - The design phase of the project shall be done 60
days after approval of the preliminary phase.
d
ConstructionPhase - The Consultant shall include appropriate
construct ton times in the job specifications.
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III. GENERAL TERMS
1. Should the Consultant or the City terminate the contract, said
Consultant shall be paid on the basis of direct personal
expense as herein attached times a multiplier for the various
classes of personnel actively engaged on the project for all
work completed and for all work and services performed up to
the time of termination; however, such sums shall not exceed
the "not to exceed" amounts listed in Section IV. Either party
may terminate this Agreement upon five (5) days notice.
2. This Agreement shall be binding upon the successors and the
assigns of the parties hereto; provided, however, that no
assignment shall be made without the written consent of all
parties to said agreement.
3. It is understood and agreed that the employment of the
Consultant by the City for the purposes of said project shall
be exclusive, but the Consultant shall have the right to employ
such assistance as may be required for the performance of the
project. Said Consultant shall be responsible for the
compensation, insurance and all clerical detail involved in
their employment.
4. It is agreed by the City that all records and files pertaining
to information needed for said project will be made available
by said City upon request of the Consultant. The City agrees
to furnish all reasonable assistance in the use of these
records and files.
5. It is further agreed that no party to this Agreement will
perform contrary to any State, Federal or County law or any of
the ordinances of the City of Iowa City, Iowa.
6. The Consultant shall attend such meetings of the City Council
relative to the work set forth in this contract as may be
requested by the City. Any requirements made by the City shall
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be given with reasonable notice to the Consultant so that
he/she may attend.
7. The Consultant agrees to furnish, upon termination of this
Agreement and upon demand by the City, copies of all basic
notes and sketches, charts, computations and any other data
prepared or obtained by the Consultant pursuant to this
Agreement, without cost and without restriction or limitation
as to their use relative to the specific projects covered under
this agreement. The 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 such seal is required by law.
9. The City agrees to tender to the Consultant all fees and money
in accordance with the schedule that follows except that
failure by the Consultant to satisfactorily perform in
accordance with this Agreement shall constitute grounds for
the City to withhold payment of the amount sufficient to
properly complete the project in accordance with this
Agreement.
10. Should any section of this contract be found to be invalid, it
is agreed that all other sections shall remain 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 become the property of the City.
The 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 retirement and fringe
benefits. Said Consultant shall, upon demand, furnish
receipts therefore or certified copies thereof.
13. Records of the Consultant's Direct Personal Expense,
Consultant Expense and Reimbursable Expenses pertinent to the
project, and records of accounts between the 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 made 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 traveling in
connection with the project, long distance calls, and
telegrams;
b. Expense of reproduction, postage and handling of drawings
and specifications, excluding copies for Consultant's
office use;
C. Fees paid for securing approval of authorities having
jurisdiction over the project. Fees paid by the
Consultant for special consultants employed with City's
approval for services other than those defined in this
contract; and
d. Extraordinary reimbursable expenses shall be approved in
advance by the City.
15. It is agreed that the Department of Housing and Urban
Development, the Comptroller General of the United States, or
any other duly authorized representative shall have access to
any books, documents, papers and records of the Consultant
which are directly pertinent to this specific contract for the
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purpose of making audit -examination exerpts and
transcriptions.
IV. COMPENSATION FOR SERVICES
The City agrees to pay for services stated in this contract on the
basis of the following fees:
Basic_ Services - For the preliminary phase, design phase, and
construction phase the Consultant shall be paid a fee based
upon 2.2 x Direct personal expense. The total fee for these
phases shall not exceed $12,400.
Not more than 30%, 70% and 100%, of the not to exceed figure
shall be paid out prior to completion of the preliminary,
design, and construction phases respectively.
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Special Services - Special services shall be compensated in
the following manner:
,
a. Soil testing services at approved flat rates.
b. Full-time project representation shall be compensated at
a fee based upon 2.2 x Direct Personal Expense.
The Direct Personal Expense of all personnel classifications
associated with this project shall be attached as Exhibit A. The
City agrees to reimburse the Consultant for outside expense at cost.
The Consultant shall furnish receipts of all outside expenses upon
request.
The "not to exceed" figures listed in this section refer only to
Direct Personal Expense and do not include reimbursables.
Reimbursable expenses are above and beyond the "not to exceed"
figure.
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.
All provisions of this Agreement when not specifically defined
shall be reconciled in accordance with the highest ideals of the
Engineering Profession.
The 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
instrument.
It is further stated that there are no other consideration or monies
contingent upon or resulting from the execution of this contract nor
have any of the above been applied by any party to this Agreement.
FOR THE CITY: FOR THE CONSULTANT:
ATTEST: ATTEST:
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RECEIVED b
By DEP TRISNT
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AGREEMENTS/CONTRACTS
yP.
f
Attached are — unexecuted copies of e /•„ ;, / �.•
�1-2 eZ7Zf
as signed by the Mayor.
After their execution by the second party, please route
p)
3) C^Yi. lei
5)
ri. is to be responsible for
completion of this procedure. After-receipt-of-original-ly-s-igned
document f-rom-you-; a-xerox-copy._will be returned -to -your office,
Abbie Stolfus, CMC
City Clerk ;
,
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
Council Member Balmer introduced the
following Resolution entitled "RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $5,500,000 GENERAL OBLIGATION
BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it
be adopted. Council Member Perret seconded
the motion to adopt, and the roll being called thereon, the
vote was as follows:
AYES: Balmer, deProsse, Erdahl, Neuhauser
Perret, Roberts, Vevera
NAYS:
Whereupon, the Mayor declared said Resolution duly adopted
as follows:
RESOLUTION NO. 79-181
RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $5,500,000 GENERAL OBLIGATION BONDS
AND LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the City of Iowa City, in the County of Johnson,
State of Iowa, sometimes hereinafter referred to as the "City"
or "Municipality", was duly incorporated, organized and exists
under and by virtue of the laws and Constitution of the State
of Iowa; and
WHEREAS, the City has designated the City Treasurer to act
as the financial officer of said City with respect to the
registration and payment of its bonds and interest thereon;
and
WHEREAS, said City is in need of funds to pay costs of the
local share of the construction and design of sanitary sewers
and treatment facilities; acquisition of land therefor and for
street right of way; and the construction, reconstruction and
repair of street, alley and sidewalk improvements, including
without limitation improvements designated as the CBD Alley
Project, Grand Avenue Widening, Sunset Street - Benton to
Pen£ro, Scott Boulevard - Phase II, South Gilbert Street
Improvement, CBD Streetscape - Phase II, Wastewater Treatment
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AHLERS. COONEY. DORWEILER• HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA
IIICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES I401NE5
1912
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Facility and the River Corridor Trunk Sewer, an essential Cor-
porate purpose, and it is deemed necessary and advisable that
general obligation Bonds in the amount of $2,000,000, be
issued for said purpose; and
WHEREAS, pursuant to notice published as required by
Section 384.25 of said Code, this Council has held a public
meeting and hearing upon the proposal to institute proceedings
for the issuance of said bonds, and the Council is therefore
now authorized to proceed with the issuance of said bonds; and
WHEREAS, said City is in need of funds to pay costs of
acquiring, constructing and equipping a city public library, a
general corporate purpose, and it is deemed necessary and
I advisable that its general obligation Bonds in the amount of
$3,500,000 be issued for said purpose; and
CWHEREAS, this Council, pursuant to Section 384.26 of said
ode, did legally call a City election, fixing the time and
Place thereof, and did legally submit to the qualified elec-
tors of said City the proposiion of to
general obligation
Bonds of said City in an amount not exceeding $3,500,000, for
the aforesaid purpose, and caused to be given legal sufficient
and timely notice of said election and the time, place and
purpose thereof, and
IWHEREAS, said City election was duly and legally held and
conducted on November 7, 1978 pursuant to said call and to a
legal notice duly given by publication in a legal newspaper,
printed wholly in the English language, published at least
once weekly, and having general circulation in said City, said
Publication in said newspaper appearing on a date not less
than 4 clear days nor more than 20 days prior to the date of
said election, all in strict compliance with the law and the
orders of said Council and the County Commissioner of
Elections; and, the affirmative vote on said proposition being
equal to more than 608 of the total vote cast for and against
said
been declared land on aatsall times aid lcertifiedon; saidptop
havelbeen roositon aduly
adopted, no contest thereof having been made; and
WHEREAS, pursuant to Section 384.28 of the City Code of
Iowa, it is hereby found and determined that the various
I general obligation Bonds authorized as hereinabove described
shall be combined for the purpose of issuance in a single
issue of Corporate Purpose Bonds as hereinafter set forth; and
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AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA
y
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
I
WHEREAS, pursuant to the provisi
Code of Iowa, the above mons of Chapter 75 of the
entioned bonds were heretofore sold
at public sale and action should now be taken to issue said
bonds conforming to the terms and conditions of the best bid
received at the advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That in order to provide a fund to pay the
Principal and interest on the bonds hereinafter authorized to
be issued and pursuant to the authority granted by Chapter 76
Of the Code of Iowa, there is hereby levied a sufficient
annual tax for the years 1979 to 1990, inclusive, said tax
being in the following amounts, to -wit:
YEARN, AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION:
1979 $616,667
1980 $796,000 1980/1981 Fiscal Year
1981 $766,500 1981/1982 H
1982 $737,000 1982/1983 H
1983 $710,500 1983/1984
1984 $684,000 1984/1985 N
1985 $658,000 1985/1986
1986 $632,000 1986/1987
1987 $606,000 1987/1988
1988 $579,500 1988/1989
1989 $553,000 1989/1990
1990 $526,500 1990/1991
1991/1992
(NOTE: Reference to "year of levy" is to the year
of the assessed valuations against which the tax
levy will be made. For example the 1979 levy will
be made and certified in 1980, will be applicable to
e taxable
f Janury 1 1979, and
becollected vduring othe ns ofiscalayear,
commencing will
July 1, 1980.)
Section 2. Said tax shall be collected each year at the
same time and in the same manner as, and in addition to, all
Other taxes in and for said Municipality, and when collected
they shall be converted into a special fund within the Debt
Service Fund to be known as the "GENERAL OBLIGATION BOND FUND
1979 #111, which is hereby pledged for and shall be used only
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AHLERS, COONEY, DOHW EILER, HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA
FIICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 110 VIES
r•.
I
for the payment of the principal and interest of the bonds
hereinafter authorized to be issued; and also there shall be
apportioned to said fund its proportion of taxes received by
the City from railway, express, telephone and telegraph com-
panies and other taxes assessed by the Iowa State Department
of Revenue.
Section 3. All moneys held in the Bond Fund, provided for
by Section 2 of this Resolution shall be invested in direct
obligations of the United States Government or deposited in
banks which are members of the Federal Deposit Insurance
Corporation and the deposits in which are insured thereby and
all such deposits exceeding the maximum amount insured from
time to time by FDIC or its equivalent successor in any one
bank shall be continuously secured by a valid pledge of direct
obligations of the United States Government having an equiva-
lent market value. All such interim investments shall mature
before the date on which the moneys are required for payment
of principal of or interest on the Bonds as herein provided.
Section 4. That General Obligation Bonds of said City in
the amount of $5,500,000 be issued pursuant to the provisions
of Section 384.28 of the City Code of Iowa for the aforesaid
purpose; that said bonds be designated "GENERAL OBLIGATION
BOND"I that they be 1,100 in number, dated May 1, 1979, and
shall bear interest from the date thereof, until payment
thereof, payable December 1, 1979 and semiannually thereafter
on the lst day of June and December in each year until
maturity at the rates hereinafter provided.
Said bonds shall be signed by the Mayor and attested by
the Clerk, and the seal of said City affixed, and certificate
of registration endorsed thereon; that interest on said bonds
be evidenced by coupons thereto attached and maturing on the
several days when such interest matures; such interest coupons
may be executed with the original or facsimile signature of
the Clerk; that principal and interest be payable at the
office of the Treasurer in said City; that said bonds be num-
bered from 1 to 1,100, both numbers inclusive, and be in the
denomination of $5,000 each. Said bonds shall mature in each
year and bear interest as follows:
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AHLERS. COONEY. DORWEILER. HAYN IES SMITH. LAWYERS, DES MOINES. IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
Interest I Bond Principal Maturit
Numbers Rate Amount y
(June 1st)
1 - 100 5.908 $500,000 1982
101 - 200 5.908 $500,000 1983
201 - 300 5.308 $500,000 1984
301 - 400 5.308 $500,000 1985
401 - 500 5.208 $500,000 1986
i 501 - 600 5.208 $500,000 1887
601 - 700 5.208 $500,000 1988
701 - 800 5.308 $500,000 1989
801 - 900 5.308 $500,000 1990
901 - 1,000 5.308 $500,000 1991
1,001 - 1,100 5.308 $500,000 1992
Section 5. That upon presentation at the office of the
City Treasurer of any of said bonds, same may be registered as
to principal in the name of the owner, on the books in the
office of said official, such registration to be noted on the
reverse side of the bonds by said official, and thereafter the
principal of such registered bonds shall be payable only to j
the registered holder, his legal representatives or assigns.
Such registered bonds shall be transferable to another
registered holder, or back to bearer, only upon presentation
to said official with a legal assignment duly acknowledged or
proved. Registration of any such bonds shall not affect the
negotiability of the coupons thereto attached, but such
coupons shall be transferable by delivery merely.
Section 6. That said bonds and the coupons annexed
thereto, shall be in form substantially as follows:
AHLERS, COONEY, DORWEILER. HAYNIE b SMITH. LAWYERS, DES MOINCS. IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOVIES
(FORM OF BOND)
i
UNITED STATES OF AMERICA
STATE OF IOWA
i
j COUNTY OF JOHNSON
CITY OF IOWA CITY
GENERAL OBLIGATION BOND
s
No.
III $5,000
The City of Iowa City, Iowa, herein referred to as the
- -I "City", for value received, promises to pay to bearer FIVE
THOUSAND DOLLARS, lawful money of the United States of
America, on the 1st day of June, 19 , with interest on said
S from the date hereof until paid -it the rate of
annum, payable on December 1, 1979, and semiannually $ Per
i thereafter on the 1st day of June and December in each year,
on presentation and surrender of the interest coupons hereto
attached, both principal and interest payable at the office of
j
the Treasurer of Iowa City, Iowa.
This bond is issued by the City of Iowa City, Iowa, pur-
suant to the provisions of Section 384.28 of the City Code of
j Iowa, for the purpose of paying costs of the local share of
the construction and design of sanitary sewers and treatment
facilities; acquisition of land therefor and for street right
of way; and the construction, reconstruction and repair of
street, alley and sidewalk improvements, including without
limitation improvements designated as the CBD Alley Project,
Grand Avenue Widening, Sunset Street -Benton to Penfro, Scott
Boulevard - Phase II, South Gilbert Street Improvement, CBD
Streetscape - Phase II, Wastewater Treatment Facility and the
River Corridor Trunk Sewer and acquiring, constructing and
equipping a city public library, a corporate purpose in con-
formity to a Resolution of the Council of said City duly
passed and approved.
This bond is fully negotiable but may be registered as to
principal only in the name of the holder on the books of said
City in the office of the Treasurer, such registration to be
j
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A HLERS. COONEY. DORWEILER. HAYNIE& SMITH. LAWYERS, DES MOINES. IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
endorsed by notation on the back hereof by said official,
after which no transfer shall be valid unless made on said
books and similarly noted hereon, but it may be discharged
from said registration by being transferred to bearer, after
which it shall be transferable by delivery but it may again be
registered as before. The registration of this bond as to
principal shall not restrain the negotiability of the coupons
by delivery merely.
And it is hereby represented and certified that all acts,
conditions and things requisite, according to the laws and
constitution of the State of Iowa, to exist, to be had, to be
done, or to be performed precedent to the lawful issue of this
bond, have been existent, had, done and performed as required
by law; that provision has been made for the levy of a suf-
ficient continuing annual tax on all the taxable property
within said City for the payment of the principal and interest
of this bond as the same will respectively become due; that
the faith, credit, revenues and resources and all the real and
personal property of said City are irrevocably pledged for the
prompt payment hereof, both principal and interest; and the
total indebtedness of said City including this bond, does not
exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, said City by its Council, has caused
this bond to be signed by its Mayor and attested by its Clerk,
with the seal of said City affixed, and the coupons hereto
attached to be executed with the facsimile signature of said
Clerk, which official, by the execution of this bond, does
adopt said facsimile signature appearing on said coupons, all
this 1st day of May, 1979.
ATTEST:
I
Clerk
Mayor
IM
AHLERS. GOONEY. DORWEILER. HAYNIE s SMITH. LAWYERS, DES MOINES. IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1401IIES
(FORM OF COUPON)
The Treasurer of the City of Iowa City, Iowa, will pay to
bearer $ on the 1st day of , 19
at his officein the City of Iowa City, Iowa, for
months' interest on its General Obligation Bond, dated May 1,
1979, No.
City Clerk
And on the back of each bond there shall be endorsed a
certificate of the City Treasurer in the following form:
(FORM OF CITY TREASURER'S CERTIFICATE)
This bond has been duly and properly registered
in my office as of the 1st day of May, 1979.
City Treasurer of Iowa City, Iowa
There shall also be printed on the back of the bonds the
following form of registration:
REGISTRATION OF OWNERSHIP
Date of Signature of
Registration In Whose Name Registered City Treasurer
Section 7. That principal and interest coming due at any-
time when the proceeds of said tax on hand shall be insuf-
AHLERS. COONEY. DORWEILER. HAYN IES SMITH. LAWYERS. DES MOINES. IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
ficient to pay the same shall be promptly paid when due from
current funds of said City available for that purpose and
reimbursement shall be made from such special fund in the
amounts thus advanced.
Section 8. That this Resolution constitutes a contract
between said City and the purchaser of the bonds; that when
said bonds have been executed as aforesaid, they shall be
delivered to the Treasurer of said City, who shall register
the same in a book provided for that purpose and shall
thereupon deliver said bonds to the purchaser thereof, as
I
directed by the Council.
Section 9. That a certified copy of this Resolution be
filed with the County Auditor of Johnson County, Iowa, and
that said Auditor be and he is hereby instructed in and for
each of the years 1979 to 1990, both years inclusive, to levy
and assess the tax hereby authorized in Section 1 of this
Resolution, in like manner as other taxes are levied and
assessed, and that such taxes so levied in and for each of the
years aforesaid be collected in like manner as other taxes of
said Municipality are collected, and when collected be used
for the purpose of paying principal and interest on said bonds
issued in anticipation of said tax,
whatsoever. and for no other purpose
I
'.i Section 10. That there be printed on the back of each
bond herein authorized to be issued, a copy of the legal
I opinion of Ahlers, Cooney, Dorweiler, Haynie & Smith,
Attorneys, of Des Moines, Iowa, under the certificate of the
i City Clerk certifying the same as being a true copy thereof,
said certificate to bear the facsimile signature of said
Clerk.
Section 11. The City, as issuer, covenants that it will
proceed with due diligence to expend the proceeds of the bonds
I for the purpose of issuance as recited herein and that no use
will be made of the proceeds from the issuance and sale of the
bonds issued hereunder which will cause any of the bonds to be
classified as arbitrage bonds within the meaning of Section
103(c)(2) of the Internal Revenue Code of the United States
i and that throughout the term of said bonds it will comply with
the requirements of said statute and regulations issued
thereunder. Pursuant to said statute and regulations, it is
j hereby certified that the issuer reasonably expects that:
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ANLERS. COONEY, DORWEILER. HAYNIE s SMITH. LAWYERS, DES MOINES. IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
I
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(a) The issuer within six months will have incurred
f substantial binding obligations to commence or acquire the
project to be financed hereby.
i
(b) The original proceeds of the bonds issued hereunder
will not exceed the costs of said project by more than
five percent.
(c) At least 85% of the spendable proceeds of the bonds,
including investment proceeds, will be expended to pay the
cost of the project within three years following the date
of the bonds.
(d) Work on the project is expected to be commenced
following the incurrance of the substantial binding obli-
gation referred to in (a) above, and to proceed thereafter
with due diligence to completion.
(e) The project has not been and is not expected to be
sold or otherwise disposed of in whole or in part prior to
the maturity of the bonds.
(f) Accrued interest received upon the sale of the bonds
will be applied to the first interest due thereon.
(g) Any temporary notes issued in anticipation of the
bonds will be retired coincidently with the date of issue
of the bonds and at all events within three months
thereof.
To the best knowledge and belief of the issuer, there are
no facts or circumstances that would materially change the
foregoing statements or the conclusion that it is not expected
that the proceeds of the bonds will be used in a manner that
would cause the bonds to be arbitrage bonds. The Treasurer is
hereby directed to deliver a certificate at issuance of the
bonds to certify as to the reasonable expectation of the
issuer at that date.
Section 12. If any section, paragraph, clause or provision
of this Resolution be held invalid, such invalidity shall not
affect any of the remaining provisions hereof, and this
Resolution shall become effective immediately upon its passage
and approval.
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! AHLERS. COON EY, DORWEILER. HAY14IC 6 SMITH, LAWYERS. DES MOINES, IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1101RE5
Section 13. That all ordinances and resolutions and parts
of ordinances and resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this 24th day of April
1979.
Mayor
ATTEST:
G
Clerk
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A HLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DEE MOINES. IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES 140 HIES
April 24 , 1979
The Council of the City of Iowa City, Iowa, met in
regular session, in the Council Chambers at the Civic
Center, UF East Washington Street, Iowa City, Iowa, at 7:30
o'clock P.M., on the above date. There were present Mayor
Robert Vevera , in the chair, and the following named
Council Members:
John Balmer, Carol deProsse, Clemens Erdahl,
Mary Neuhauser, David Perret, Glenn Roberts
Absent: Non
* * * * * * * * *
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AHLERS. COONEY. DORWEILER. HAYNIE &SMITH. LAWYERS. DES MOINES. IOWA
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES