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1979-05-08 Resolution
RESOLUTION N0. 79-186 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: Securities Bldg. Corp. dba/ Long John Silver's, 1940 Lower Muscatine Rd. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The Cit yy Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as rea�e a 5dopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x_ Roberts _x _ Vevera x Passed and approved this 8th day of May . 19_79_- �&�� Mayor Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401t1E5 907 RESOLUTION NO. 79-187 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: Securities Bldg. Corp. dba/Long John Silver's, 1940 Lower Muscatine Rd. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu— ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser Perret Roberts x Vevera x Passed and approved this 19 79 x x 8th day of May , Mayor Attest: rlZ41 _�h�.-L.L' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES '10/ / RESOLUTION NO. 79-188 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTC T M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approverior the following named person or persons at the following described location: John S. Mummey, Inc. dba/Mumm's Saloon and Eatery, 21 W. Benton Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. -The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as re -a be adopted, and upon roilcaIi there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of May 19 79 Mayor Attest: l�L -« City Clerk 408 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES n t RESOLUTION NO. 79-189 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR PROCTER AND GAMBLE MANUFACTURING COMPANY WHEREAS, the owner, Procte &Game ManufacturingCo., has filed with the City Clerk of Iowa ybl , owa, an application for approval for a large scale non-residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Beginning at the intersection of the Muscatine Road and the East line of Section 23, Township 79 North, Range 6 West of the 5th P.M. running thence North along the said section Iine 807.3 feet, thence south 66 degrees and 23 minutes west 588.8 feet to the center of 'the Muscatine road, chance south 43 degrees, 17 minutes cast 787 feet, thence along the center of said road to the place of beginning. AND Conunencing at a point on the East line of Section 23, Township 79 North, Range 6 West of the 5th P.M., 807.3 feet North of tile intersection of the center of lho Muscatine Road and said East line of said Section 23; thence. ilorth along said East line of said Section 23; 573.7 feet; thence South 68 degrees and 21-1/2 niinulus west 1010.6 feet to the Center of Muscatine (toad; thence South 43 degrees and 17 minUteS East along the rentor of said Muscatine Road 594 feet; thence. North 66 dugreus and 23 minutes East 588.8 feet to beginning, containing ten (10) acres more or less. AND A tract of land locatod in the E 1/2 of the NW 1/4 of Sec. 24, Township 79 N, Range 6 W, of the 5th P.M., more particularly described as follows: Conunencing at the. NW corner of said E 1/2 of the 1114 1/4; thence on an 'assuuwd hearing due South along the West line of said E 1/2 of the NW I/4 1309.94 feet; thence North 38' 41' 40" East 426.62 feet to a 306.29 foot radius curve concave Westerly; thence Northerly along said curve 198.22 feet; thence North 1' 36' S0" East 519.60 feet to a356.97 foot curve. concave. Westerly; theme ilortherly along said curve295.59 fart to the Southerly right-of-way line of the Chicago, liuck Island G Pacific Railroad; thence North 62' 25' 00" Wnst 31.43 feet to the North line of said E 1/2 of the NW 1/4 thence South 88' 24' 20" West 2I2.SM feet alunq said North line to the point of beginning. Also all that part of tie E 1/2 of the. SW 1/4 of Sec. 13, Tevrnship 79 N, Range 6 W of the Sth P.M. lyinrl South of the. Chicago, Rock Island 6 Pacific Railroad right-of-way MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9/6 0 Resolution No. 79-189 Page 2 AND All that part of the West Half (W 1/7.) of the Northwest Quarter (NW 1/4) of Section 24, lying north of the Wyoming Road, now known as the Lower Muscatine Road, except one and one half (1-1/7.) acres more or less in the southeast corner thereof described as: Commencing where the Northeasterly line of the Lower Muscatine Road intersects the east line of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of said Sect. 24, thence Northwesterly along said road 315 feet, thence North 290 24' East 500 feet to the east line of the West half (W 1/2) of the Northwest Quarter (UW 1/4) of said Section 24, thence South to the place of beginning, so as to make one and one-half (1-1/2) acres. Also except the following tract, to -wit: Commencing at the Northwest corner of said Sec. 24, running thence east along the north section line of said Section 24, 200 feet; thence south 28 degrees and no minutes west 302.3 fent; thence in a westerly direction to a point on the West section line of said Section 24, which point is exactly 270 feet South of the Northwest corner of said Sec. 24; thence North along the West section line 270 feet to the point of beginning. All In Township 79 North, Range 6 West of the 5th P.M., subject to easement for road purposes, recorded in Deed Record 136, Page 62 of the Deed Recorders of the Recorder's Office of Johnson County, Iowa. WHEREAS, said property is owned by the above-named party and'no dedications are required; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that It be accepted and approved. WHEREAS; said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Resolution No. 79-189 Page 3 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; I. That the said plan is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa,.after final passage and approval as authorized by law. Passed and approved this 8th day of May lg 79 It was moved by Balmer and seconded by Roberts I that the Resolution 07_57 be adopted, and upon rol ca ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS — VEVERA MAYOR ATTEST: q �� I I Received & Approvod By The Legal Department ��- FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES II0jNES n RESOLUTION N0. 79-190 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT AND PLAT OF WALDENNOOD, PART 1 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary planned area development and plat of Waldenwood, Part 1, be hereby granted. It was moved by Balmer and seconded by Roberts 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 8th day of May 1979. MAYOR ATTEST: OIL- 'j"L CITY CLERK Crc:i•:-L. � nt 6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 9/7 _.. r RESOLUTION NO. 79-191 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT AND PLAT OF PEPPERWOOD, PART 3-7 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary planned area development and plat of Pepperwood, Part 3-7, be approved subject to the following contingencies: 1) receipt prior to submission of the final plat of an agreement relating to the development of Keokuk Street and the flowage way west of Keokuk Street, and 2) deletion from the PAD plan of the structural design similar to those shown on Lots 96 & 97 of the preliminary plan. It was moved by Balmer and seconded by Roberts 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 8th day of May 1979. MAYOR ATTEST: CITY CLERK By The Legal DePa :nanl 6--.3'79410 - 9/9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO 79-192 RESOLUTION ANNEXING CERTAIN DESCRIBED REAL ESTATE TO THE CITY OF IOWA CITY, IOWA, AND REPEALING RESOLUTION 79-8. WHEREAS, on the 9th day of January, 1979, the City Council passed Resolution 79-8 annexing real estate de- scribed therein to the City of Iowa City, Iowa, and WHEREAS, Ty'n Cae, Inc. and Edward W. Thomas and Kathryn Thomas have filed an Amended and Substituted Petition to Annex the following described real estate to the City of Iowa City, Iowa, to -wit: The Northeast Quarter (NE,-) of the Northwest Quarter (N[d4) of Section 20, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa, EXCEPT the South 135 feet of the West 323 feet of the North 40 acres of the North- east Quarter (NE,) Northwest Quarter (NWS), Section 20, Township 79 North, Range 6 West of the 5th P.M., and except the West 33 feet thereof. WHEREAS, it appears that a portion of the real estate described in Resolution 79-8 was not owned by the Petitioners, and WHEREAS, the Council deems it appropriate to repeal Resolution 79-8 and to annex only that area described above, and WHEREAS, the Planning and Zoning Commission has recom- mended that the Council annex the real estate described in the amended and substituted petition to annex, and WHEREAS, said real estate is not located within the urbanized area of any other City except the City of Iowa City, and WHEREAS, the City Council deems it in the public interest to annex said real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Resolution 79-8 annexing certain described real estate to the City of Iowa City is hereby repealed. 2. That the above described real estate is hereby I annexed to the City of Iowa City, i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Res. No. 79-192 _ 2 _ i r i 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution, along with a map of the real estate involved showing its location in relationship to the City of Iowa City, Iowa, to the City Development Board. 4. That the Mayor and City Clerk are hereby authorized j to sign this resolution. It was moved by Roberts and seconded by Balmer that the resolution as rea b—e adopted, and upon roll ca�— there were: AYES: NAYS: ABSENT: X BALMER X_ dePROSSE ERDAHL x NEUHAUSER I PERRETT i ROBERTS �- VEVERA Passed and approved this 8thday of May 1979. MAYOR ATTEST: TY CLERK STATE OF IOWA ) ) ss: JOHNSON COUNTY ) We, the undersigned, Clerk and Mayor of the City of Iowa City, Iowa, do hereby certify that the foregoing Resolution is a true and exact copy of the Resolution adopted by the City Council of the City of Iowa City, Iowa, at a regular meeting held on the 8th day of _ May 1979. MAYOR ATTEST: (Za 1&ZL CITY CLERK i ►w=F+�+K)u4/FN=aYWM+PtiKi CZ<L:4'!IWCjSY'.�'CMae.OS'J.4`1�s410JR" t , MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DES MOINES LOCATION MAP 70 f Cat EXISTING CORP_ LINE PROPOSED ANNEXATION AND REZONING R I B 21 7.7= MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a E RESOLUTION NO. 79-193 RESOLUTION AUTHORIZING A TRANSFER OF INTEREST IN URBAN RENEWAL PARCELS 83-1 AND 84-1 WHEREAS, the City of Iowa City, Iowa, and Old Capitol Associates, a joint venture, did enter into a contract for the sale of land for private redevelopment on February 7, 1978, which contract has been recorded with the Recorder of Johnson County in Book 524, p. 75, and, WHEREAS, Section 502 of said contracts prohibits transfer of control or ownership of the land without the approval of the City prior to the issuance of a certificate of completion, and, WHEREAS, Old Capitol Associates, as a means of obtaining investment capital, wishes to transfer its rights pursuant to the above mentioned contract to Old Capitol Center Partners, a joint venture, and, WHEREAS, the City Council of Iowa City wishes to approve this transfer subject to certain terms and conditions as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest the approval of sale contained in the attached real estate contract, which approval of sale shall constitute written approval of the transfer as called for in Section 502 of the contract dated February I 7, 1978, said approval being subject to and expressly conditioned upon the following: 1. This approval is given with the understanding that Old Capitol Center Partners will be able to raise the equity requirements necessary to construct the improvements called for in the redevelopment contract by July 31, 1979, and if said equity requirements are not met either by sale of partnership units, loans, or other sources of funds by said date, the City Council may thereafter by resolution revoke this approval. 2. This approval shall not constitute approval by the City Council of any of the terms and conditions of any investment security to 4 be offered by Old Capitol Center Partners or any of the participants in Old Capitol Center Partners. 3. This approval shall not constitute any waiver by the City of any rights it has pursuant to the February 7, 1978 redevelopment contract, specifically shall not be considered a waiver of time schedules for purchase of land or construction of improvements called for in the contract. / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOlBES 9.2 y L_. Res. No. 79-19.. 2 ^' 4. Nothing in this approval shall be considered as a waiver by the City of the obligations of Old Capitol Associates or the participants in Old Capitol Associates, the Old Capitol Business Center Company and Meadowlink, Inc., to the City of Iowa City under the redevelopment contract of February 7, 1978. It was moved by deProsse and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 8th day of May 1979. _6��,�A, MAYOR f ATTEST: C Y CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES REAL ESTATE CONTRACT IT IS AGREED THIS 9th day of May, 1979, by and between OLD CAPITOL ASSOCIATES, an Iowa joint venture, Seller, and OLD CAPITOL CENTER PARTNERS, an Iowa joint venture, Developer: W I T N E S S E T H: WHEREAS, The City of Iowa City is engaged in carrying out an urban renewal project known as the "City -University Project I, Urban Renewal Project No. Iowa R-14" hereinafter called the "Project", and WHEREAS, The City of Iowa City has prepared and adopted an Urban Renewal Plan for the Project (which plan as now or hereafter amended from time to time pursuant to law, shall hereinafter be referred to as the "Urban Renewal Plan"), and WHEREAS, The Urban Renewal Plan has been recorded among the land records in the Office of the Johnson County Recorder in Book 490 at Page 408 and has been filed in the Office of the Clerk of City located at the Civic Center in Iowa City, and WHEREAS, The City of Iowa City and Old Capitol Associates believe that the fulfillment generally of the Urban Renewal Plan is in the vital and best interests of the City and the health, safety, morals and welfare of the residents, and WHEREAS, An Agreement between the City of Iowa City and Old Capitol Associates was executed on the 7th day of February, 1978, for the purpose of setting forth the terms and conditions under which the City of Iowa City would sell certain land to Old Capitol Associates, and WHEREAS, In furtherance of the Urban Renewal Plan, the parties hereto have entered into this Real Estate Contract, and i WHEREAS, Old Capitol Associates desires to sell and Old Capitol Center Partners desires to purchase certain real property to be improved located in the project area and more particularly described below, NOW THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Seller agrees to sell and convey to the Developer, and the Developer agrees to pay for the following -described real estate located in Johnson County, Iowa, to -wit: All of Block 84 and part of Block 83, Iowa City, Iowa more specifically described in Schedule A attached hereto, ya y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -2 - together with any easements and servient estates appurtenant thereto, upon the following terms and conditions: 1. PURCHASE PRICE. The total purchase price for said property shall be the sum of Six Hundred Thirty -Three Thousand Eighty -Nine Dollars ($633,089.00), payable to the Seller at 200 Plaza Centre One, Iowa City, Iowa on the date Seller pays the City of Iowa City for the land. 2. .TAXES. Seller agrees to pay all unpaid taxes against the property due or to become due and payable for the period ending on the date of possession and Developer shall pay all subsequent taxes. 3. POSSESSION. The Developer, concurrent with due perfor- mance on the Developer's part, shall be entitled to possession of said premises on the date of closing under paragraph 1 hereof. I 9. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. The failure of Seller to assert its rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 5. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this Contract, shall be without reservations or qualifications, except: a. zoning Ordinances; i b. Such restrictive covenants as may be shown of i record;. c., Easements of record, if any; d. As limited by the provisions of this Contract; e. All terms and conditions of the Urban Renewal Contract for the sale of land for Private Development with the City and all amendments thereto now or which may here- after become effective; f. A covenant not to discriminate upon the basis of race, creed, color or national origin in the sale, lease or rental or in the use or occupancy of the property. 6. DEED AND ABSTRACT. Upon full payment by the Developer of the amounts to be paid by it under this Agreement and upon full performance of all of the agreements to be performed by it, the Seller agrees to execute and deliver a Special Warranty Deed, conveying the real property herein described to the Developer, free and clear of all liens and encumbrances except• as otherwise j expressly agreed to herein and the Seller further agrees to concurrently deliver to the Developer, an abstract of title, for said real estate, showing merchantable title in it, in accordance with the Iowa Title Standards and in conformity with the provisions of this Contract. The Seller shall deliver the abstract of title to the Developer for examination within a reasonable time after the execution of this Agreement and after the abstract has been MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -3 - accepted and approved by the Developer, the Seller shall not be required to make any further continuation or corrections thereof, except for entries resulting from the acts or omissions of the Seller. 7. ASSIGNMENT. This Contract shall not be assigned'by either of the parties before the certificate of completion covering the improvements is issued by the Urban Renewal Agency. S. CONSTRUCTION OF IMPROVEMENTS AND OPERATION OF THE PROPERTY. Developer shall do all things necessary to construct the improvements on the real estate and to operate the property in conformity with the Urban Renewal Contract including but not limited to development of the site plan, design of the building and other. improvements, preparation of plans and specifications, preparation of the site, obtaining equity and mortgage financing, construction of the building and other improvements, interior and exterior finish work, leasing the property and providing the necessary management services to operate the property. The City of Iowa City shall be considered by the parties hereto to be a third party beneficiary of the obligations and commitments of the Developer hereunder. All costs and expenses in connection therewith shall be borne by the Developer. The Developer shall further indemnify and hold harmless the Seller from all costs, liabilities, claims and damages or expenses due to or arising out of any work done by, or act of neglect or omission of the Deve- loper or its servants, employees, agents, contractors, invitees or licensees in and about the property or in connection with the operation thereof or due to or arising out of any breach by the Developer of any provision of this Agreement. 9. ATTORNEYS' FEES. In case of any action or proceedings in any court to collect any sums payable or secured herein, or to protect the lien or title herein of Seller, or in any other case permitted by law in which attorneys' fees may be collected from Developer or imposed upon it or upon the above-described real estate, Developer agrees to pay reasonable attorneys' fees. 10. SELLER'S OBLIGATIONS UNDER THE CONTRACT WITH THE CITY. No provision of this Agreement relieves the Seller of its obli- gation to the City to cause the construction of the improvements on this parcel of the land or from any of its other obligations under the Contract. 11. EQUAL EMPLOYMENT OPPORTUNITY. During the construction of the improvements to the real estate under this Agreement, both the Seller and Developer shall comply with all applicable provi- sions of Section 8.02, Part II of the Urban Renewal Contract. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -a- 12. APPROVAL BY CITY. This agreement is subject to the written approval of the City of Iowa City and shall be null and void unless such approval is endorsed hereon. i OLD CAPITOL ASSOCIATES OLD CAPITOL CENTER PARTNERS' a, venture partnership joint By Old Capitol Business Center Company (an Iowa By- MEADOW Limited Partnership) INK, INCORPORATED, a joint nture rtner n\� A Partner `^�--�.� By By. [9i1 eda Hieronymus President P ident, Hieron, Inc., an Iowa corporation By: OLD CAPITOL LIMIT— By: IMITED By: L (tea L(Lt:: Jay rs4 Oehler, President Investments Incorporated, an Iowa corporation . By Meadow Link, Incorporated, an ndiana corporation, A Par er By: Ivan immel, President a joint venture ARTNERSHIP, partner By: OLD CAPITOL BUSINESS CENTER COMPANY, General Partner By: HIERON, INC., General Partner By :2_ S ,d/ Prident By: INVESTMENTS INCORPORATED, General Partn�enr• n By: L l President By: OLD CAPITOL BUSINESS CENTER COMPANY, a joint venture partner By: HIERON, INC., General Partner By: P sident By: INVESTMENTS INCORPORATED, General Partner � By: C f7C tu.c�iQ-.r– ` President IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES STATE OF IOWA ss. JOHNSON COUNTY Q.12 On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Wilfreda Hieronymus, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that she is the President of HIERON, INC. (herein called "Hieron"), that Hieron is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by OCBCC as a Joint Venture Partner by Hieron, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Hieron, OCBCC and Old Capitol Associates by her,it and them voluntarily executed. My Commission Notary Public in and for the Expires: State of Iowa r STATE OF IOWA ) ss. JOHNSON COUNTY ) On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of INVESTMENTS INCORPORATED (herein called "Investments"), that Investments is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by OCBCC as a Joint Venture Partner by Investments, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Investments, OCBCC and Old Capitol Associates by him, it and them volun- tarily executed. My Commission Notary Public in and for the Expires: State of Iowa FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES STATE OF IOWA ) -6 ss. JOHNSON COUNTY j On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Ivan Himmel (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of MEADOW LINK, INCORPORATED, an Indiana corporation (herein called "Corporation"), that the Corporation is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by the Corporation by Declarant; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of the Corporation and Old Capitol Associates by him and it volun- tarily executed. My Commission Expiresp Vii./..1;/' / I :711, 0-/c/ �4A aztctkn-/' Notary Public in and for the State of Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES STATE OF IOWA ) -7 ss. JOHNSON COUNTY ) On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Wilfreda Hieronymus, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that she is the President of HIERON, INC. (herein called "Hieron"), that, Hieron is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is the General Partner of OLD CAPITOL LIMITED PARTNERSHIP (herein called "OCLP") a Joint Venture Partner of OLD CAPITOL CENTER PARTNERS, a Joint Venture Partnership (herein called "Old Capitol") and that OCBCC is also a Joint Venture Partner of Old Capitol and that the foregoing instru- ment was signed on behalf of Old Capitol by OCLP (by OCBCC) and by OCBCC as Joint Venture Partners by Hieron, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Hieron, OCBCC, OCLP and Old Capitol by her,it and them voluntarily executed. My Commission Notary Public in and for the Expires:!2Po State of Iowa STATE OF IOWA ) ) ss. JOHNSON COUNTY ) On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of INVESTMENTS INCORPORATED (herein called "Investments"), that Investments is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is the General Partner of OLD CAPITOL LIMITED PARTNERSHIP (herein called "OCLP") a Joint Venture Partner of OLD CAPITOL CENTER PARTNERS, a Joint Venture Partnership (herein called "Old Capitol") and that OCBCC is also a Joint Venture Partner of Old Capitol and that the foregoing instrument was signed on behalf of Old Capitol by OCLP (by OCBCC) and by OCBCC as Joint Venture Partners by Investments, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Investments, OCBCC, OCLP and Old Capitol by him, it and them voluntarily executed. It lz/ la �11 irciC n ia' My Commission Notary Public in and for the Expires:,State of Iowa MICROFILMED BY - JORM MICROLAB CEDAR RAPIDS -DES MONIES STATE OF IOWA -g- ss. JOHNSON COUNTY ) On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Ivan Himmel (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of MEADOW LINK, INCORPORATED, an Indiana corporation (herein called "Corporation"), that the Corporation is a Joint Venture 'Partner of OLD CAPITOL CENTER PARTNERS, a Joint Venture Partnership (herein called "Old Capitol") and that the foregoing instrument was signed on behalf of Old Capitol by the Corporation by Declarant; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of the Corporation and Old Capitol by him and it volun- tarily executed. My Commissi n Expires: �A/. Notary Public in and for the State of Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES '1 APPROVAL OF SALE Pursuant to Resolution No. 79-193 passed and adopted by the City Council on the 8th day of May, 1979, the City of Iowa City does hereby approve and consent to the sale of urban renewal parcel 89-1 and part of parcel 83-1 (more spe- cifically described in the attached Schedule A) by Old Capitol -Associates to Old Capitol Center Partners under the terms of the foregoing contract upon the express conditi6n that the improvements to the land shall be constructed according to the construction plans and the construction schedule be approved by the City, and that Old Capitol Associates, and its participants, and Old Capitol Center Partners, and its participants, shall remain liable and responsible for the development of this property until the improvements are completed and the certificate of completion is issued and further this approval is given subject to the terms and conditions of the resolution identified above. IN WITNESS WHEREOF, on this 9th day of May, 1979, the City has caused this approval of sale to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk. CITY OF IOWA CITY, IOWA BY: nMAYOR / q ATTEST: �// _Z "'' CITY CLERK STATE OF IOWA ) ) ss. JOHNSON COUNTY ) On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Robert A. Vevera, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by vir- tue 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. My Commission Notary Public In anfor the Expires: 9-.3e) -,Pd State of Io a FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES I `C •� 1, yN T 1. SmMrJ 0. r 1-1. . <apl aerm .n1.1 O One LnJ re SCHEDULE A 1. tn. sot. of 10.,, nar.er dwl.r. tMt m t .uwrrl.w ..a rer pf [M lollw4na Ju•crIMJ Prpwrtyl OC<Innmy •c IM Wramut aprn of tlm4 44. otla.a Tmn. i...... C..npn.WcaNu... 01fiN•apwbh i+aol 14 uid a In M4M an< IntCr•acttm of IN. erlrt m9 No ...IY ,lent -at p.,,t IIM Of tl,ntnn Ptreut .rtN the c.uUnu Scut MrlY ...... I lou OI Yaunlnatwl L'an.tf anpneu Snutn 4T.W (ea alOnT u1J ,vl rtln^ uotaelY [loot-Of•.4y Vugor.r .I n1.,.SJc ...tmnpmt unl Yl;anU b n anun4J MatlnO fp, [M.C. ...t Ill.ia fr l0 a lolnt Of InU.•.ctlon vl[n a Iln. pullel.ilh uevJ .. wnJ In a'Ae,ur1Y Jlnetl.n 10.00 ru[ Wq<'W lculurlY rrm tM ulrtlnr.ry[In1Y [Igor-OPr•Y llnr Of <a)•ItUI Lt[<etl I.,rrP ). ALL Otlrtxswus Axc )x vrrr AJm OrcIRrLC TNENWI. ). ALL 0IltNSIOt5 SIPMN ANT rILLO I,tAtE... N11{LL Lft.LMIf SL IMM nY 111E 1. AOSTV).CT xN< AVAILtnLc. I coin • tpx NE" 5/t• OtAn[TCP Iron Ano Is cTl • cVi •F• QW:10) PWPLMS LIHE IU.TTtO PNOP[PTT LINE ( cdiCM in ✓I PunL9 olllLxS LI xutnu0 oulLxs)pl tJ Im xlxun MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES tlrncu .bttn 110.4 Leet tlany u1J Iln• prallA ul to •M Md !n u 4••ror1Y 'h rectlOn )O.Op fmt Orpn11cu1CV flmutM a ,•lln•1 [+at•rIY Il.lot-of,ftO Iln• f <•p1t01 S.... 1 • wlntvof n•ternueuw' wW a I,:b ryullal .ltn .rd w uad In u .bl.I�ur1Y JIfN[tan )0.00 Iva. wm•tln, jSoutnerlY mOI xuannNM I..=Streatl rococo Sau e1""ft, auS"&N M• !P 10• ".' )10.00 bea ,loop u1e Ilna pllel rttp alw wu u." )n x.11Mlly dll.Otlon 10.00 d :IS lallY Itm tM a tattnp N.r1Y rl9nt•O[-ray ±• llna I VuanlMt ON Ltfe.4 to u IOlntl _ ! tnmcn South 0. OS• 10• Not )0.00 fat t 1.110[ OI Int•rrect 12 rlth uW ealrtln9 LuutMrlY rl•lnt•. f -.a, llna of Ila•nln9ton St, 'Moen Loom W $1' 20•f nl 11!.91 teat aI.n0 ..Id v{atlM I. Illy nuut.ul..ar 11•u er xa•Mn0'nn xrm' t0 tn. ppm' of oealn my aM ..M.ct m N. c..una .f mcord. end <Nntant nv u1. sv1 [ypna lar mw or mea. Ina ,a IN, I s. mu mnuwntN aM orae. 1 rIN t d Pruunt mau r.mna e ftvty frau n. Chr� 1. t I" I cn rprwr PIat4 Jp.<f 1Lh I. plot, t, mnvyana.. .Mcn account for the Jlf fvronna •own On nb Plu. and ImataJ [nu nrewnr 1{M.. Wt Or (Done ma[ cetn.N4 anerwl, a• •Men an tnb 1pl.:and roar rob plat1.1 1 l. • mrr.<t an0 1n .ccorean."•• .Ito .,le ...rer. r 00" 0--.1SIIIVL-IlftwrnT I ASSCCIATSS L :Ixr As O O t IIVLr S� ou r ^�4 �•' I. Inures eMlnp.r m law zumyor Lpo.n rbd ul Nn. w wmr. No Ly Lmlure E. IutmL. tnl. J.Y ar i •%..may -y_, urs k City of Iowa Ci j MEMORANDUM DATE: May 4, 1979 TO: City Council ppy FROM: Paul Glaves, Development Coordinator 1 RE: Urban Renewal Parcels 83-1, 84-1 1 1. A Resolution Authorizing a Transfer of Interest in Urban Renewal Parcels 83-1 and 84-1 is included on the agenda for the meeting of May 8. As was indicated to you at the informal session on April 30, Old Capitol Associates is seeking Council approval of a transfer of interest in this property to a new entity, composed of the existing investors in Old Capitol Associates, Plus new limited partners. 2. Attached to this memorandum is'a documentagrwhich sets forth the new joint venture will be the partnership agreement, and the terms under which partnershiu units will he sold. The staff has thoroughly reviewed this document. As a result of this review the staff met with Old Capitol Associates to discuss wording changes to the document transferring the interest from Old Capitol Associates to Old Capitol Center Partners. 11. 7'he City Attorney is revising the document to incorporate these changes, and will provide the document and the Resolution to the Council at the informal session on May 7. This item is scheduled for discussion with the Council at the May 7 meeting. PG/ssw MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES q-21 RESOLUTION NO. 79-194 RESOLUTION T1911PORARILY CLOSING CAPITOL STRM FROM TILE NORTH RIGHT-OF-WAY LINE OF BURLINGTON STREET TO THE SOUTH RIGHT-OF-WAY LINE OF COLLEGE SIRM MfEREAS, the Council finds it is necessary to temporarily close a Portion of Capitol Street to facilitate the construction of the parking garage in Block 83. NOW, THEREFORE, BE IT RESOLVED BY TBE COUNCIL OF THE CITY OF IOAA CITY, IaVA that Capitol Street is hereby temporarily closed from the north right-of-way line of Burlington Street to the south right-of-way line of College Street. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYFS: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser X— Perret X Roberts x Vevera Passed and approved this 8th day of May 1979, ity Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IIITZ LEGAL5 t FJ'a'rMMT —kvlfs119 9.25 3 i i i i i i `I <`1 { RESOLUTION NO. 79-194 RESOLUTION T1911PORARILY CLOSING CAPITOL STRM FROM TILE NORTH RIGHT-OF-WAY LINE OF BURLINGTON STREET TO THE SOUTH RIGHT-OF-WAY LINE OF COLLEGE SIRM MfEREAS, the Council finds it is necessary to temporarily close a Portion of Capitol Street to facilitate the construction of the parking garage in Block 83. NOW, THEREFORE, BE IT RESOLVED BY TBE COUNCIL OF THE CITY OF IOAA CITY, IaVA that Capitol Street is hereby temporarily closed from the north right-of-way line of Burlington Street to the south right-of-way line of College Street. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYFS: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser X— Perret X Roberts x Vevera Passed and approved this 8th day of May 1979, ity Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IIITZ LEGAL5 t FJ'a'rMMT —kvlfs119 9.25 11/ RESOLUTION NO. 79_195 A RESOLUTION AUTHORIZING THE MAYOR 1b SIGN AND THE CITY CLERK TO ATTEST AN AGRID THE THAT WILL PM11IT THE IoIVA CITY HOUSING AUTHORITY TO MAKE HOUSING ASSISTANCE PAYADMS ON BEHALF OF ELIGIBLE FAMILIES TO OWNERS OF PROPERTY LOCATED IN THE UNINCORFORATID AREAS OF JOHNSON CO[JNly, 1VIOREAS, Chapter 403A of the Code of Iowa confers upon every municipality certain powers in the field of low rent or subsidized housing; and Wf1ERM' , Chapter 28E of the Code of Iowa provides that any power exercised by a Public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having such power; and 1VIHMEAS, Pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Johnson County wish to enter into an agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located in the Unincorporated Areas of Johnson County. NOSV, 77i uMRU, BE IT RESOLVID BY THE COUNCIL OF THE CITY OF I01VA CITY, I01VA that the Alayor is hereby authorized to sign, and the City Clerk to attest, this agreement. It was moved by deProsse and seconded by Perret that this 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 8th day of May 1979. ATTEST:_ City Clerk i 1 Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 8FICFTVEII& AT=E BY THF LEG4e 4ZEi Rzox 9z6 44 e K04 CIVIC CIOWA CI10 E WA9@IOION SI. IOWA CIfY.IOV/q 5�140 3I9JS6iBDJ 1 1 J May 10, 1979 Honorable Melvin D. Synhorst Secretary of State of Iowa State Capitol, Des Moines, 1A 50319 1 Dear Secretary Synhorst: Pursuant to Chapters 28E and 403A of the Code of Iowa, attached is a copy of the agreement between the City of Iowa City and Johnson County which will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located in the unincorporated areas of Johnson County. The agreement has been recorded with the Recorder of Johnson County, Iowa. Yours very truly, Abbie Stolfus cMc City Clerk Enc. cc/Co. Atty. white Seydel i i i I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES ft MELVIN D. SYNHORST SECRETARY OF STATE SEOFIO//... "�qY DF 9Ptate of 3owa 6erretup of State Meg S loines May 11, 1979 J. HERMAN SCHWEIKER DEPUTY SECRETARY OF STATE Abbie Stolfus City Clerk 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement Housing Authority between City of Iowa City and Johnson County Dear Ms. Stolfus: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1979 Code of Iowa. You may consider the same filed as of May 11, 1979. Very sincerely, "4,1 �4 JHS/d J. HERMAN SCHWEIKER Deputy Secretary of State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MAY 14 1979 ABBIE STOLFUS, CMC CITY CLERK (3) 92 6 1GR1:1:Sl1:NI THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, lie reinafter called Iowa City, and 'file Johnson County Board of Supervisors, hereinafter called the County. P.11'REAS, Chapter 403A of the Code of lova confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, Iowa City pursuant to Chapter 403A.S of the Code of Iowa has created the Iowa City (lousing Authority to exercise the powers outlined in Chapter 103A; and 15'Ill'REAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter 251: of the Code of Iowa provides that any power exercised ))y a public agoncy of this state may be exercised and enjoyed jointly with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 251' of the Code of Iowa, lova City and Johnson County wish to enter into an agreement that will permit the Iowa City (lousing Authority to make housing assistance payments on ))chair of eligible families to owners of property located in the Unincorporated Areas of Johnson County. NOW, T111'RI:1:01M, BF Yr AGRlilil7 B1' AND 11FTW HN Tow'a City and the County as follows: 1. 11:11`1 - That the term of this al;reement shall commence with the (late of this agreement and shall continue unless terminated as provided herein. i 2. TERMINATION - That this agreement may he terminated by either party giving notice to the other in writing as prescribed in this agreement 780 days in advance of the date of the proposed termination. MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES 1401MEs i -2- Upon receiving neticc of termination, the Iowa City u Ilosing Authority will III,,, kC. no now contracts for housing units. The termination date for all housing assistance units pro - individual u iosly contracted for shall coincide with the terms of the individual rental lease. 3. OPERA'T'ION - 'rhe lona City Ilousing Authority will i administer the progrnrD in accordance with the rules and regulations cstahlished by Yhc Dcnaruncnt of Ilousing and Urban Development and the \nnual Contribution Contract entered into between Iowa Citv and the Department of liousing and Urban Development, .r copy of Which Annual Contrihution (:ontract is attached hereto and umde a part of this agreement. Nothing contained herein shall prevent the adoption of more stringent requirements by the County. 'File Iowa City Housing Authority is hereby granted the power to perform inspections of any dwelling unit in a housing project in order to ensure compliance with the housing quality standards ostahlishcd by the Department of Ilousing and Urban Develepment• This inspection may he performed by agents of lova City and a certification issued that the standards have been met. 4. Will le hornCOSTS e1))• the prograDlrrascred TIS a provided fortlin thelt of tAnnualogl`rm Contribution Contract. 5. NO'r10Es - All notices required by this agreement to he made to Iowa City shall he made by mailing, by ordinary mail, a letter to the Iowa City Housing Authority Civic Center, 410 E. Washington Street, Iowa City•, lowa 52240. All notices re- quired by this agreement to he made to the Count)• shall he made by mailing, h)' ordinary mail, a IcLter to Chairman, Johnson County Board of Fupervisors, Court Ilousc, lova laity, lown 52240. All notices shall he effective upon receipt by the addressee. Nothing contained in this paragraph shall prevent additional or other notice being given ;rnd giving notice which would exceed the requirements of this paragraph• 6. OBLIGATIONS NOT EXCUSED - This agrcoment does not relieve IOw•a City or the County of anv obligation or responsibility imposed upon it by lar; except that to the extent of actual or timely per(ormnure thereof by the lown City said Housin•P, Authority, nerforniance ma)' he offered in satisfac or responsibility. tion of the obligation MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 7. FILING AND RECORDING - This agreement shall he file) with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, DATED rh;s CJ�}�tiday of -- �1979. CITY 01' IOWA CITY, IOIVA COUNTY 01: JOHNSON COUNTY, IOWA By: ATTEST:. .City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES RESOLUTION NO. 79-196 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF BOYRUM STREET CONNECTION WITH HIGHWAY 6 BYPASS PAVING & STORM SEWER PROJECT - DIVISION I - TO NORMOYLE-BERG & ASSOCIATES INC. ROCK ISLAND ILLINOIS WHEREAS, NormoYle-Berg & Associates Inc. of Rock Island Illinois has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Normo le-Ber & Associates Inc. of Rock Island Illinois for the amount of 277 635.00 subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Roberts 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 8th day of May , 1979 MAYOR I ATTEST: i t L CITY CLERK RC6elved & APP1 BY Ill.,) Legal Dpa;1;n�n t 9.27 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CONTRACT THIS AGREEMENT, made and entered into this IleV-- day of'go�, 1979 , by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and Normoyle-Baro and Associates. Inc. party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 4th day of April 19 79, for BOYRUM STREET CONNECTION WITH HIGHWAY 6 BYPASS, PAVING AND STORM DIVISION I - STOR11 SEWER SEWER PROJECT under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers 1 b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RES e. Special Provisions f. Proposal 9. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part Of this Contract. 4. That this Contract 1s executed 1n 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. I —� Contractor _ Seal_) B �--�—el (Title) MavorPiStlem (Title) I j ATTEST: ATTEST: �ilL C� cell_0�_ Title Cit Cle ' v rk Title rt, � �-('�- ompany c e I� CF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FORM OF PROPOSAL CITY OF IOWA CITY NOTE TO BIDDERS; PLEASE DO NOT USE SPECIFICATIONS, THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE THE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION -TO THE ENGINEER. Name of Bidder -14-104 /n 0I,L Address of Bidder 70 /-Z N f pp-- /[Ol. SLft/o,p Lam. (/Zp� TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of in accordance with the terms Bet forth in the "Standard 5p ecifica- tions", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documental hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in t Documents, including Addenda Contract �� he and da all work at the prices her einefteryset out. and -_ We further propose to do all "Extra Work" which may be required to Camplsta the work comtemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to Perform ouch work on a force account belie, as provided in the "Standard Specifi- cations". ITEM DESCRIPTION ESTIMATED UNIT EXTENDED UNIT QUANTITY PRICEAMOUNT Division I - Storm Sewer: 1• 63"x98" reinforced concrete i horizontal elliptical pipe (RCHEP), a• Class HE -II, in place b. Clare HE -III, in place lin.ft, 252.5 $2o0.�p $' o o°•op' c. Special Angle Section 315.0 $zzsca $moo 8)r pp' Class HE -III, in plata each 1 2• Jack 63"x 9B" elliptical pipe lunder Erail- road tracks as detailed and specified in plats, complete lin.ft.✓ 60 $ 00, oo $ Sy, 000, 00 i I P-1 Revised 4-27-79 7 '^ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES ITEM DESCRIPTION JOULump Sum UNIT 3. Construct 16 -inch sanitary end Fertilizing Job aswar through elliptical S Pips es specified and de- tailed. Job 4. Twin 61 x 3' precast rein- forced concrete box culvert , in place. Lin. Ft S. Inlet Structure, in place and complete with trash rack. Job 6• Outlet Strcture, in place and complete Job '7• Grid pavers, in place at Inlet and Outlet Structures and Outlet of Twin 61.x 3' as detailed. each 8. Special Beehive Inlet, in place, complete as de- tailed. each 9: 12 -inch Water Main re- location, complete Lin. Ft. 10. 6 -inch Water Main re- location, complete job 11. Testing and Disinfection of Water Main ESTIMATED UNIT EXTENDED OUNATITY PRICE AMOUNT Lump Sum f 3000.00 toe = 600.00 f_ 6y, Roo. do Lump Sum f 4 0lW,00*' Lump Sum f ZS?70, 00� T 606 V/0.00 /0.00 S-ff 060.00 1 8+00,00 f X1-00.00 .z 280 8 3Z Soo f 9900 00 Lump Sum 8 5000,00 ump um f /000.00 DIVISION I - TOTAL EXTENDED AMOUNT 8 Z 77 63,S P_-2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Roviond 4-27-79 9a� 1 JOULump Sum f 200,00 12. Seeding end Fertilizing Job L S ump um f /000.00 DIVISION I - TOTAL EXTENDED AMOUNT 8 Z 77 63,S P_-2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Roviond 4-27-79 9a� 1 ITEM DESCRIPTION UNIT ESTIMATED UNIT ,EXTENDED Division II - Turn Lane Construction QUANTITY PRICE AMOUNT and Psvin 1, 10 -inch thick P.C,C, s9.yd. 1,655 f f 2, B -Inch thich P,C,C. paving 3• s q'yd• 1,347 7 -inch thick P.C.C. paving 4• s q'yd• 412 f f 6 -inch integral curb lin.ft• 672 f f S. 12 -inch diameter RCP C1e99 III, in place lin.ft, 40 f 6• Median Manhole, in place f complete Be detailed 7, Median Beehive Inlet, i each 1 8 f in place, complete as detailed. B 2 -inch diameter galvanized each f conduit, in place 9• lin.ft. 2,845 g f Pull boxes, in place conduit 10. Grid each 17 f f pavers, in place — — -- 11. Buried lug each 414 f ----- f lin.Pt, 69 f 12• Traffic Signal Bases _ In place 13. Traffic Controller Base each 4 f f In place 14• Seeding and Fertilizing each 1 f f �-- job lump sum f � Division II - Total Extended AmountAl f D 8/,O P-3 ' Revised 4_29_79 — I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I I The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS FIRM: /lI0RA7dYLy-6�,cti flsroC.�/.uC. By. p __L'Rf�s' i ohvT — (Title (Businessress r R oG//' /St -I "V'010 ILL. G/ Z-D� P-4 Revised 4-27-79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES P7 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENT$ THAT Nnrmovle—Osco h Assnciatep. Inc, mare insert the name and address or legal title of the Contraotor) a Principal, hereinafter called the Contractor and The western Casualty and surety Company as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of T_wo Hundredsysnty seven Thousand Six Hundred Thirty Five and 00/100 Dollars ($277,656.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated May Ii 19 79, entered into a Contract with Owner for...Boyrum Street Connection with Highway( 6 Bypass, Paving and Storm Sower Project; Division I — Storm Sewer, in Iowa City, Iowa, In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB_l MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9a12 1. Complete the Contract in accordance"with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, -less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for ,a period of Five s years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PB -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9�� IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 11th DAY OF MayA D � 19 79 IN THE PRESENCE OF: NORMOYLE-BERG d ASSOCIATES, INC. 4(r pa —. witness '� e THE WESTERN CASUALTY 6 SURETY COMPANY ety At or Cy- ac Witness T t e Iowa Resident Agent . r ✓i M PB -3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES POWER OF ATTORNEY The Western Casualty and Surety Company H034K OMCE—FORT SCOTT, )tANSAS KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation Of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the Stockholders of the said Company on December 2, 1953, to•wit: 'Section 27. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The president, any vice president or the secretary shall have power and authority to appoint resident vice presidents, resident assistant secretaries and aboineys•in•facl, and to give such 311pomle0s full power and au• thority to make, execute and deliver In the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under- takings and writings of obligatory nature, and to affix thereto the corporate seal of The corporation, The president• any vice president or the secretary shall also have power at any lime to remove ?no revoke the authority of any such appointee.' does hereby nominate, constitute and appoint John P. Horan or James H. Koren of Rock Island, Illinois its true and lawful agents) and Attorney(s)-in-Fact, to make, execute, seal and deliver lot and on its behalf, as Surety, and as its act and deed: Any and all bonds and undertakings. - Provided, No authority is extended for _ the execution of Open Penalty Bonds, And the execution of such bonds or undertakings in pursuance of these Presents, shall beas binding upon said Company, as fully and amply, to all Intents and purposes, as if Fort Scott, State of Kansas, in their own propel persons. they had been duly executed and acknowledged by the regularly elected officers of the Can po^y at its offices in The following Resolution was adopted at the Quailesly Meeting of the Board of on the 0th day of November, 1970: Directors or The Western Casualty and Surely Company. held 1 *RESOLVED. That the h action 7 f the C of the Company and the sear Ouch Company may be affixed by facsimile it any Power of Attorney executed In accordance with Sec lion 27 of the Company Bylaws. and that any such Power of Attorney beating such facsimile vg^shies, mcludmg the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon IM Company nigh respect to any band, undertaking a contract or suretyship in whrr.h it IS attached.' All authority hereby conferred shall remain in full force and effect unlit terminated by the Company. IN WITNESS WHEREOF, THE WESTERN CASUALTY AND SURETY COMPANY has caused thesepresenls to be signed by ,Is Vice -President, and Its corporate seal to be hereunto affixed this ....._ . lith. _. day of ..October . .... 19 78.. THE WESTERN jCASUALTY AND SURETY COMPANY i rut F STATE OF KANSAS COUNTY OF BOURBON ss By Vice President On this .... llth....,, day of...........Octobe.r........................ A. D., 19..78...., before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon, duly commissioned and qualified, came .._:... �..._! 'COrekl, Vice President CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas to meand ... of THE WESTERN ruled the preceding Instrument, and he acknowledged the execution of Ilia same, and being a ird duly sworn, fficerdepodescribed in Ilial w axe. is the officer of the Companyafoiesaid, and that the seal affixed to thepteceding instrument is the corporate seal of said Company, and the said corporate seat and his signature as officer were duly affixed and subscribed to the said that Bylaw, Section 27, adopted by the Stockholders of said Company, referred tinstrument by the authority and direction of she said Company, and is IN TESTIMONY WHEREOF, f have hereunto rel my hand and affixed my ofliIn the Preceding Instrument. Is now in forte. written. elal seal at the City of Fort Scott, the day and year firs[ above r sign o rig r MY aDPolnbmrtt expires September 5, 1980 n0ux run c NotaryPuhllc. G. R. Cantrell hart oy.cettify Ilial the hhove and fotc¢oing... .Is a. true and cohort Copyoof5a power ecretaroff attorney executed by said THE WESTERNTHE WESTERN CAULTY ANDTCACOMPANY, do SUA.LTY AND SURETY COMPANY, which Is still In full force and effect. IN WITNESS WHEREOF, 1 have signed this certificate at Fort Scott, Kansas, this......... ......... ....... . ..... . 11th ........................................................ ...day of ............................................................... 19......9 n 7 nn� � o' , i ar.xu y Assistant Secretary. FORM Is eaae•Rx MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOINES James A. Horan Agency COMPANIES AFFORDING COVERAGES 1705 2nd Avenue Room 314 Rock Island, Illinois 61201 ii.'0iAry T"a Western Casualty b Surety Co. _ The Western Fire Insurance Co. i 1n.u•IUY O --- nanrt rJlo noomss a wsun[n -- � ------_.--- u - rurAl'nNr Normoyle-Berg and Associates, Inc. I11111r 701 26th Avenue OMPA D IOA,I`I, Rock Island, Illinois 61201 I --- I:UMI'RIY 1111111 This is to eel lily Thal policies nl msm:)nce listed bl`luw h,lvr hoer irsuod -- lu the insured n.Inled above ,InJ ;uc m left vat Ilus luno COMPANY UI 111511bnrP.1 I'IULlrlll501 ------ [Llhllll III ThOpS.11ld5 ODeI Y1I LIAOILITYrn:AIW ,1'H!A I ION IIN IAL mlvl IOW., RD1147 1000,(2-1-80ION A11U Cull nl`yl 1`I((!1'1111Y11nlln(i( r no,DI{ 200,0 GIWAlrl) Xl I SA.UTAPI I I ID j� ONUAIIONS IIAAAIIU _ @Conti?/CrUAI 111911Oa11.1 El II OAM)AOIIIIA IRK)I'I IIIY Rmrrnlur In colo nota UlR 1'11150NA1 Ib1111(f AUTOMOOILE LIABILITY ---.-- A ❑r,OMPOnONS)v1 rnlaA RD 1147 R ovuAo ttR'7 IRwu I7[l NON Mail n EXCESS LIABILITY -- UTAHIIr11A IOHM ❑ fouldl iIIArI UILINdIIA IONM WORKERS, comp A and RD1147 EMPLOYERS' LIAOILITY IIanIIY INJllih ANI) PII01'[HIY OAMnf( } 1 L"�I'0I�'1iyfL'.N1IlJIi? NER A l01`roJWra4npf111HY luolo [ 5002-1-80 Jm1Y 1000,'I'y f1bAAIAfI _ Oh YMIIINY A N _.1,000,.0 PliollD .Y I, PNUP[Nf5 MAIAOf _ coMmran _ J OOWL YINAINY ANO IT011111YnAMAIA I [ _ — COAIIIINI:O ..rlSS 1 S IAIWORY 2-1-80 S 100, 000.00.,,,,.I1IM1I• MKoil,rloll or OPr NATmNSA OCATIOIISNI 111(] (5 " - - .- - "Llx)Ir•�Js^+c+ .¢..i Boyrum Street Connection with Highway $6 Bypass, Paving and Storm Sewer Project Division I - Storm Sewer, in Iowa City, Iowa. Cancellation: Should any ut the above described policies he cancelled before the expiration dote Iherent. the issuing cnnr Peny Will endeavor to mail _lL days written notice to the below nollled certlllclle holdel', till tallllle to mail such notice shall impose no obllgalion of liability of ally kraut upon the company, NAIAC nNll Alll)11115 (11 LI Il 111IC,AI —1,—. I1111U1 _ City of Iowa City, Iowa VA?[Issum._.__._blay_ll_,_19Z9,"_."._____ Bldg, Dept,, City Ilall Iowa City, Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES RESOLUTION NO. 79-197 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF CONNECTION WITH HIGHWAY 6 BYPASS PAVING & STnaN cFt WHEREAS, —Metro Paver; I named project. has submitted the best bid for t e construction of the above - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the contract for the construction of the above-named project is hereby awarded to Metro Pavers. Inc of IOWA CJty Iol_ for h amoInt f $98.005.20 subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts and seconded by Balmer 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 8th day of May 1979 MAYOR i ATTEST: ��a CITY CLERI Rctel•:ed t� P,er„n;or7 By THS+ Legal Depal;nant i qz 9 / MICROFILMED BY - JORM MICROLAB CEDAR RAPIDS -DES t401NES CONTRACT THIS AGREEMENT, made and entered into this /%( day of 19 79, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and Metro Pavers, Inc. party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 4th day of April 19 79, for BOYRUM STREET CONNECTION WITH HIGHWAY 6 BYPASS, PAVING AND STORM DIVISION II — TURN LANE CONSTRUCTION AND PAVING SEWER PROJECT under the terms and conditions therein fully stated and set forth, and i Whereas, said plans, specifications and pro!>osai accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: f 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which i are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers 1 b. "Standard Specifications for Highway and Bridge Construction", Series of 1971, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. f .. 90V MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0114ES e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. �W Contractor mFTRo pAVERS. INC. (Leal) 8 — Leal B (Title) Mayor�ro`ic' �T tle 07A I - . ATTEST:` ATTEST: (Title) City Clerk (Title) [Company Official RWXIVM b Imam BY TKE W L DEP1111' Y? CF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401RES FORM OF PROPOSAL CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME' OF THE SPECIFICATIONS, SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Address of Bidder. 1722 Stevens Drive P.O. Box 51 Iowa City, Iowa TO: City Clerk City of Iowa City IOwe City, Iowa 52240 Ther7�nd"signed bidder submits herewith bid security in the amount of //I in accordance with the terms net forth in the Article 1102.12. "Standard Specifics— The The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materiels and equipment and to perform the work as described in the Contract Documents, including Addenda N1 and do all work at the pricehereT inerpeat out, end _ Wo further propose to do 811 "Extra Work" which may be required to complete the work cemtempleted, at unit prices or lump eume to be agreed upon in writing prior to starting such work, or if such prices or eume cannot be agreed upon to perform such work an a force account basis, cations", as provided in the "Standard Specifi_ i ITEM DESCRIPTION ESTIMATED UNIT EXTENDED UNIT QUANTITY PRICE AMOUNT Division I — Storm Sowers I1• 63"x98" reinforced concrete i horizontal elliptical pipe f (RCHEP), it a. Claes HE—II, in place 1 b, Claae HE—III lin.ft, 252,5 g in place lin.ft. 315.0 $ $ c. Special Angle Section 5 -- Close HE—III, in place each 1 g 5 { 2• Jack 63"x9B" (Clean HE—IV) elliptical pipe under rail— road tracks as detailed and 8pecifi0d in place, complete lln.ft, i t 60 g $ I I ' P-1 Roviaod 4-27-79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L ' ITEM DESCRIPTION ESTIMATED UNIT EXTENDED UNIT OUNATITY PRICE AMOUNT 3. Construct 16 -inch sanitary sewer through elliptical Pips as specified and do - tailed. job Lump Sum $ 4. Twin 61 x 31 precast rein- forced concrete box culvert, In place. Lin. Ft, 108 E 4 S. Inlet Structure, in place and complete with trash rack. I job Lump Sum $ 6• Outlet Strcture, in place and complete job Lump Sum f 7. Grid pavers, in place at Inlet and Outlet Structures and Outlet of Twin 61.x 31 as detailed. each 806 $ $ 8. Special Beehive Inlet, in Place, complete as de- tailed. each 1 $ $ 9c 12 -inch Water Hein re- location, complete Lin. Ft. 280 .10. 8 -inch Water Mein re- location, complete job Lump Sum $ 11.. Testing and Disinfection of Woter Main job Lump Sum f 12. Seeding end Fertilizing job Lump Sum 9 DIVISION I - TOTAL EXTENDED AMOUNT $ P-2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Revised 4-27-79 pf 4 P-3 a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401f1ES Ravisod 4•-27-79 QAr ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED Division II - Turn Lena Construction QUANTITY PRICE AMOUNT and paving 1• 10 -inch thick P.C.C. Sd ✓�� 2• B eq.yd• 1,655 f / 9 f, z y7Z 3• -inch thich P.C.C, paving e q'yd• 1,347fly"�• f%�%�fL 5!G 7 -inch thick P.C.C. Paving aq.yd. 412 f 1 3• 4• 6 -inch integral curb1- lin.ft. 672G -e f 5�? r 5• 12 -inch diameter HCP Claes III, in place lin.ft. Ft — 40 f_ J 7 f 6• Median Manhole, in place complete as detailed each 1 f G c� f 7• Median Beehive Inlet1 —�_ , in place, complete as detailed. is each / 1 f !i dZ f G ✓ B• 2 -inch diameter galvanized conduit, in place lin. ft. SL �a 2,845 f 3, g• Pull boxes, in place conduiteach trG 17 f 2 10. Grid pavers in place 5?' 11• Buried each414 f /� lug lin.ft. 68 12• Traffic Signal Bases in place /e �•� 13. Traffic each 4 f aC7 f /0 %d v Controller Base in place 14. Seeding each 1 L/ Ovy f / d 1rr+, ✓ and Fertilizing job P` lump sum f 9�sa, ✓ Division II - Total Extended Amountf / O 0 3- P-3 a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401f1ES Ravisod 4•-27-79 QAr The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS FIRM: President (Title) 1722 Stevens Drive Iowa Cit Iowa (Business ress R�CLl4"D 1 A",yp""y BY TIM 1:JOAL DLi•dRTIl Rj P_4 Revised 4-27-79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESI: TS THAT Metro I'wtrs rnn re insert tic namc a or legal ttle a Principal, hereinafter called the Contractor and 11378,714 ntractor mere insert �"' �wpan t o ega tzt e o t o Surety as Surety, hereinafter called the Surety, are held and firmly bound onto'the City of Iowa City, Iowa,.as.Obligee, hereinafter called the .Owner, in the amount of NINETY EICIIT THOUSAND FIVE AND 20/100----_-_---- Dollars ($ 98,005.20----------- for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a Contract with Owner for . Boyrum Street ConnV�� e ion with Highway 46 Bypass, Paving -.and Storm Sewer Project Division I1- .Tulln Lane Construction and Paving in Iowa City, Iowa In accordance with drawings and specifications prepared by tite City of Iowa City, which'Contract is by reference made a part hereof,.and is hereinafter referred to as the Contract. NOIV, THEREFORE; 'THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, 'then the obligation of this bond shall be'-null•'and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension Of time made by the Owner. B• Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's PB -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Mo111ES C: obligations thereunder, the Surety. may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (evert though there should be.a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth•in tll.e first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any'amendments tliereio,.less the amount properly paid.by Owner to Contractor. The•Contractor and his Surety shall, in accordance with the Provisions of Section 384 of the Code•of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five (5) years from the date.of•acceptance of the improvements by the Owner. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I401NES d II 1 I C: obligations thereunder, the Surety. may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (evert though there should be.a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth•in tll.e first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any'amendments tliereio,.less the amount properly paid.by Owner to Contractor. The•Contractor and his Surety shall, in accordance with the Provisions of Section 384 of the Code•of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five (5) years from the date.of•acceptance of the improvements by the Owner. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I401NES d D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. I1' IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations (laving con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein, SIGNED AND SEALED THIS A.D., 19 IN THE PRESENCE OF: i i I tness DAY OF METRO PAVERS INC. • rrn�clpa '_ ��o�79QG� ..'/ ���/.f... /✓1 moi%, / ./ 4� IARRY. R. SCHNITTJSR I �. MY COMMISSION EMPIRES I YJ'a-B/,_ l tlleSS MERCHANTS MUTUAL BONDING COMPANY (surety) /L I . te neyf111-'8C L• PB -3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES It MERCHANTS MUTUAL BONDING COMPANY UES MOINES, IOWA POWER OF ATTORNEY Know All Mcm By'Ihew Presents, that the m.1101AN75 MUTUAL 00.4 DING COMPANY. a corpom lion duly organised Under the laws of the Slate of Iowa, and having ib principal (,(race in the City of Des Moines, County of Polk, Slate of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint C.B. Condtxl,G.A. LaMair,II,Cazl J. Crant,Jr.,Jares E. Tharpson,'JaBes F. Norris, F. Melvyn Hrubetz INDIVIDUALLY of iY±g Mni rwy snJ SWtc of its Ime and lawful Altnrne t1hFt __ h__-6� Ips�a y-inwith Tull power and au nnty ere y conferred in its name, Platt and stead, to sign, execute, acknowledge and deliver in its behalf At surety: Any or,all bonds or undertakings, Provided that no bond or undertaking executed under this authority shall exceed in aRrnmt the stall Of FIVE HUNDRED THOUSAND ($500,000.00) DOLTAFS. and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or underaking was signed by the duly authorized officers of the MERCHANTS MUTUAI. BONDING COMPANY, and all the acts of said Attorney, pursuant m the authority herein given, are hereby ratified and confirmed. This Poser-of-Auomey is made and executed pursuant to and by authofiy of the following By -taw adopted by the Board of Directors of the MERCIJANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION 5A. -'7hc Chariman of the Board or President or any Vice President or Secretaryshall have power and authority to appoint Attorneys -in -Pact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company therein, bonds and undertakings, racognirances, contracts of indemnity and other writings obligatory in the mature thereof." In Witncss Whereof. MERCHANTS MUTUAI. BONDING COMPANY las caused these presents to he signed by its President and Vice Prnidem, and its corporate seal to Ix hereto affixed, this 26th day of April A.D., 19 79 Attest: MERCHANTS MUTUAL BONUINGCOMPANY fly = • 933 Vlrr P.niJenl \r•D . STATE OF 10\VA •.•,,,,,,.,,•' COUNTY OF FOLK On this 26th duyof April ,19 79 be fore me appeared W.W. Wnmer and William Warner, In me riclsonally known, will, Ixing by me July s%om did say that Ihey:ue President and Vice President respee- lively of the M ERCHANfS MUTUAI. BONDING COMPANY, pile corporation described in the foregoing instrument, and that the Seal affixed as the said instrument is the Corporate Seal of the said Corporation and Ibd the said instrument was signed and sealed in behalf of said Corporation by Authority u[its Board Of Directors. In Testimony Whercuf, I have hereumn set my hand and affixed by Official Seal, it the City of Des Muincs, Iowa the day and year first aMave written.- Q Z sl, ! a•..,,., rice. em n,.,n, s,,. a 10wA). sr, r ..... Iy-30-81 `O r,,,,•,,s�• V j STATIE OF IOWA %Z41A V S COUNTY Oh POLK I, William Warner, Vice President of the MERCHANTS MUTUAL BONDING CONIPA NvlB'NPloyy certify that the above and foregoing is a Ince and correct copy of B¢ POWER OF ATfUH,Yi- '( sniJ MERCHANTS BONDING COMPANY. which is still in force and effect. £ s�J I•° 0/g' ,411 �� • 'i• In Witness IVhcrenL I have hereunto set my h:md:usJ affixed the seal of the Company. m = Z: , Ir t�' this dayof Iq :2:. 0;Cs3 a° G .1933 .• t!� zs INA, This pnwcr of nflorncy expires Until Revoked '• ,� ,} ••4vn .. , s MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES NAM[ AAO ADDRESS OF AGE!ICy MEN LaMaiC-ML{lOCI<-Condon Co. 907 Walnut Street COMPANIES AFFORDING COVERAGES Des Moines, Iowa 50309 rOVIANY A unu, — Iowa National Mutual Insurance Cc COMPANY B AAMC NIU PODIA S$ a IhSI1NCD I(IIIR Metro Pavers, Inc. COMPANY C , P. 0. Box 251 E[R Iowa City, Iowa 522110 COMPAN I(Y III COAII`t" C lLloli G This is to cerlify that policies UI insurance listerl6el6w h,PJe been issued ID the insured nnml ohoveand are in fore Flat This Inns. I r.ri[R IYMOr IrI$URArIC[ PDIr(YrIp A9ilR Ii�IICy71'R(IP�CR1Y Iry nTlODsdOslfRJff) GENERAL LIABILITY -- A --•---- 1'1'11muoN unrr- IAll e"I III NC1EA101110GAIICCC 80 128 60211/25/801 COIAPIIIIIEI$IVC IOIf1A 500 ((©�JJ Val PRCMIS[S-0P[RAEONS 01%OSION Alto COILAPSC IIAZARO 3 200 UNDERGROUND HAZARD PRODUCISICOMPLETEn . L7V II''''[[ OPERATIONS HAZARD W CONTRACTUAL D+SURAIP.C BROAD IORM PROP[RrY IIOIIILY INJURY AND Ir�'I DAMAGE PROPOITYDAMAC( I i NDrp(NRrNI corn,Al,IoNS COAIDINTD ((U�O LJe PERSONAL uuul,r A AUTOMOBILE LIAOILITY---------""— -- PERSONAL YC4'RI' t 5Do CCIIAPRC11111$IVI 80 128 602 (011!1 4/25/80 Iii a ursu„, -' 11 �LL'rI W * 250 cl ® HIRED_ (EACH V INJURYs 500 ®NON OwIRONI I'll RIY DAMAGE S 200— IIUIIIIYINJURY AND A EXCESS LIABILITY PROPERtYPAII CXL 118 113 158 ® UMORC1.I l 1/25/80 COAIII!Nf It , A 1011M ❑ OTHNImM+UMIRAIIA IIODILY INJURY AND /Y PROP(FIlYl MAG[ 11,000 11,000 ONI.I A WORKERS'CdPENSATION Co”' WC 30 1166 127 and 1 1/80 " srnnneur A EMPLOYERS' LIABILITY OTHER --------- Y " X00 jb Project: Boyrum Street Connection witil Highway #6 Bypass, Paving & Storm Sewer Project Division II - Turn Lane Construction & Paving in Iowa City, Iowa. Cancellation; Should any of the above rlDscribed policies be canceller) before the expiration (Tale thereof, file issuing conn pony will r'X'7d7CWXKkXmail 10_ days written nolicO to 1110 below named certificate holder, kxNkkWxAX JBXU�kX7i1J+ (�kSU.IX�fiMRIX7C7;XkiCll:Xd2xn 5rMvrbi}i4,WJ.1�.. [.:...4....-...,'---- . .._..-•,,•._.•�, unrnlG,rf.IIUI I1r U. -_—�-- CITY OF IOWA CITY, IOWA nATr IGSD1n_._Pla}' 11,_19.7.2_ _ HAIR-MULOCK-CONDON CO. AI nu�rrlfnr 11'r .c.ua nlmr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES WMI;JTION No. 79-198 RESOL rloN AUTHORIZING EXD=CN OF OVERWIDTH PAVING AGREEMENT IN THE RESUBDIVISION OF LOT 30, CONWAY'S ADDITION WHEFEM, the City of Iowa City, Iowa, has negotiated an agreement with Condowa, Inc.' a copy of said being attac to s Reno u on s and, reference made a part hereof,- Wff-%AS, the City Council deans it in the public interest to enter j into said agreement as it is consistent with the comprehensive plan and will allow for overwidth paving on Foster Road on the north edge of the resubdivision of Lot 20_ Conway'sAddition i i NOW, TIEREMRE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized arra directed to execute the agreement with Condowa, Inc. 2. That the City Clerk Shall furnish copies of said agreement to any citizen requesting sane. It was moved by Balmer and seconded by Roberts the Resolution be adopted, jWu-p0-n-`r0=call there were: AYES: NAYS: ABSENT: -x- BALMER X dePROSSE X ERDAHL — X_ NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 8th day of May 1979. , Yo ATTIST: City Clerk F.ecetred A P.rrrovcd By Ti;,a Legal Ucp3:iment _ 3 =s • may' ,6'� qzq MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES AGREEMENT /r.<-7;, WHEREAS, Condowa Inc. is the Developer of the Resubdivision of Lot 30, Conwa s subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning and Zoning Commission of Iowa City, Iowa, concur that the Developer shall improve Foster Road by paving said street 33 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Ten Thousand Dollars ($10,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of $11.75 per square yard, but not to exceed one thousand nine hundred and no/100 dollars ($1,g00.00) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinance, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $11.75 per square yard but not to exceed one thousand nine hundred and no/100 dollars as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this l -a day of CITY OF I014A CITY, 1014A — — A. D. 19 CONDOWA INC. By: Atte, 0 M MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES ORDINANCE NO. 79-2953 AN ORDINANCE AMENDING ORDINANCE NO. 78-2891 OF THE CODE OF ORDINANCES OF IOWA CITY. By establishing a Type III dwelling and dwelling unit and by prescribing methods for licensing said dwellings including minimum standards; by deleting sections found to be in conflict with other local codes and ordinances and by making such changes so as to improve the readability of the code and its administration. BE IT ENACTED: SECTION 1. PURPOSE. The purpose of the ordinance is to amend Chapter 9.30 the Housing Occupancy and Maintenance Code to correct errors, remove sections conflicting with other city ordinances or local practices and to create a new type of licensed dwelling. SECTION 2. AMENDMENT. Chapter 9.30 is hereby amended as follows: 1. 9.30.2. DEFINITIONS. 1. Rooming House - Type I shall mean a rooming house in which space is let to more than two (2) but not more than eight (8) roomers. 2. Rooming House - T e II shall mean a rooming house in which space is let to nine 9) or more roomers. 3. T I III Dwelling shall mean any dwelling which contains two or more Type III dwelling units. 4. Type III Dwelling Unit shall mean a dwelling unit that does not have a toi eT or bath available for exclusive use by the occupants thereof. 2. 9.30.4. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. Change G to L Change H to M Change I to N Change J to 0 3. G. Sharin A Toilet. The occupants of two or more Type III dwe ing N units may share a toilet if the total number of occupants sharing the single toilet does not exceed eight persons. H. Sharinq A Bath. The occupants of two or more Type III dwelling units may share a bath provided the total number of occupants in the two or more Type III dwelling units sharing a single bath does not exceed eight persons. 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 93/ W Ord. No. 79-2953 I. Sharing A Lavatory Basin. Every Type III dwelling shall contain a lavatory basin or lavatory basins within the room or rooms in which the communal toilet or toilets are located, and the total number of lavatory basins shall not be less than the total number of toilets. J. Creation Of Dwelling Unit Sharing A Toilet And Bath. No dwelling unit shall be permitted where occupants share a toilet, or a bath, or a lavatory basin with the occupants of another dwelling unit or other dwelling units, in accordance with the provisions contained herein, unless such unit has been created in accordance with the provisions of the Iowa City Municipal Code applicable at the time of its creation, and every such dwelling unit is located in a Type III dwelling for which a valid Type III dwelling permit was issued in accordance with the provisions contained herein, and in effect on the effective date of this ordinance. K. Location Of Communal Toilets And Baths. Every communal toilet and bath shall be accessible to the occupants of each dwelling unit without passage through another dwelling unit. They shall be located on the same floor or the floor immediately above or below the dwelling unit. N. Exits 2(b) All existing stairways of four (4) or more risers shall have handrails on each side, and every stairway more than 88 inches in width shall be provided with not less than one (1) inter- mediate handrail for each 88 inches of width. Intermediate handrails shall be spaced approximately equally within the entire width of the stairway. They shall be continuous the full length of the stairs and except for private stairways at least one handrail shall extend not less than six (6) inches beyond the top and bottom risers. Ends shall be returned or shall terminate in newel posts or safety terminals. Exception: Stairways 44 inches or less in width and stairways serving one (1) individual dwelling unit may have one (1) handrail, except that such stairways open on one (1) or both sides shall have handrails provided on the open sides. 2(d) Guardrails. All unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than 30 inches above grade or floor below, and roofs used for other than service of the building, shall be protected by a guardrail. Guardrails shall be not less than 42 inches in height. Open guardrail and stair railings shall have intermediate rails or an ornamental pattern such that a sphere of 9 inches in diameter cannot pass through. 2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ord. No. 79-2953 Exceptions: I. Guardrails for serving one (1) dwelling unit may be 36 inches in height. 2. Interior guardrails within individual dwelling units or rooming units may be 36 inches in height. 5. Delete the following: 9.30.4 0. Basement or Cellar Under Entrance Floor - every dwelling shall have a basement, cellar or excavated floor space under the entire entrance floor, at least three (3) feet in depth or shall be elevated above the ground so that there will be a clear air space of at least eighteen (18) inches between the top of the ground and the floor joist so as to ensure ventilation and protection from dampness; provided, however, that cement floor may be laid on the ground level if desired. 9.30.5 C. More Than One Structure On A Lot. Where more than one (1) structure is erected upon the same lot, the distance between them shall not be less than eight (8) feet. This distance shall be increased two (2) feet for each additional story above the second. 9.30.5 D. Courts. 1. The minimum width of an outer court of a one (1) story dwelling shall be five (5) feet, or a two (2) story dwelling six (6) feet, for a three (3) story dwelling seven (7) feet, and shall increase one (1) foot for each additional story. 2. An intercourt shall be twice the minimum width required for an outer court. 3. The width of all courts adjoining the lot line shall be measured to the lot line. 4. In mixed-use dwellings where there are no dwelling units on the lower story, courts may start on the top of such lower story. 5. Every interior court extending through more than one (1) story shall be provided with a horizontal air intake at the bottom. 6. Irregularly shaped court yards must meet the minimum area requirements. Any structure hereafter placed 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES Ord. No. 79-2953 on the same lot with the dwelling shall be so placed as to maintain the minimum yard requirements. 7. In every dwelling where there is a court or shaft of any kind there shall be at the bottom of every such shaft and court a door giving sufficient access to such shaft or court to enable it to be properly cleaned out; provided that there is already a window giving proper access it shall be deemed sufficient. 6. Change 9.30.5E to 9.30.5C Change 9.30.5F to 9.30.5D Change 9.30.5G to 9.30.5E 9.30.5E(a). In lieu of openable windows, adequate ventilation may be a system of mechanical ventilation which provides not less than two (2) air changes per hour in all habitable rooms and/or bathrooms or toilet compartments. 7. 9.30.5.E.2.(c) Any kitchen or kitchenette lacking natural ventilation shall be equipped with a system of mechanical ventilation which provides not less than two (2) air changes per hour in said room. 8. 9.30.7.E. E. Protection of Exterior Wood Surfaces. All exterior wood surfaces of a dwelling and its accessory structures, fences, porches, and similar appurtenances shall be reasonably protected from the elements and against decay by paint or other approved protective coating. 9. 9.30.7.F.1. Every habitable room shall be equipped with a wall mounted electrical switch located within three (3) feet of the room entrance and which activates an illuminary within the room. 10. Delete the following: 9.30.7 S. Alterations. All structural alterations of dwellings and accessory structures shall be done in accordance with all applicable Ordinances of the City of Iowa City and with all rules and regulations adopted pursuant thereto. 11. 9.30.9.8. Application For Permit. The Rooming House operator shall file, in duplicate, an application for a Rooming House permit with the Department of Housing and Inspection Services on application forms provided by the Housing Inspector. Rooming Houses operating without a valid permit or application for same on file with the City and fees paid shall be ordered vacated. 4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES Ord. No. 79-2953 12. 9.30.9.C. Issuance Of Permit And Occueancv Record Card Fees. When all applicable provisions of the Housing Code and of any rules and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, have been compiled with by the Rooming House operator, the Department of Housing and Inspection Services shall issue a Rooming House permit and an occupancy record card upon the payment of a fee, the amount of which shall be set by Resolution of the City Council of Iowa City, Iowa. The permit shall state the maximum number of persons who may reside in the total of all dwelling units or portions thereof for which the Rooming House permit is issued. 13. 9.30.9.0. Occupancy Record Card. Every occupancy record shall list the maximum number of persons who may reside in the total of all rooming units located in the dwelling or portions thereof for which the Rooming House permit is issued. The occupancy record cards shall also list the maximum number of persons who may occupy each individual dwelling unit located in the dwelling or portions thereof for which the Rooming House permit is issued. All of the rooming units listed on the occupancy record card shall be located in such portions of a dwelling as are permitted to be occupied under the provisions of the occupancy permit filed in accordance with the provisions of section 9.30.9.8. and 9.30.9.E. of the Housing Code. Every Rooming House permit issued by the Department of Housing and Inspection Services shall be conspicuously posted by the operator in a public corridor or hallway or other public portion of the Rooming House for which it is issued and shall remain so posted at all times. Every occupancy record shall be posted in the Rooming House by the operator in a place where such cards are readily accessible for examination by the Housing Inspector. 14. 9.30.9.E. Operator To Control Occupancy. No operator shall allow occupancy to um exceed the number of persons listed on the permit and the occupancy record card. 15. 9.30.9.F. Nontransferabilit Of Permit. Permits may not be trans- ferred. The operator shall notify the Department of Housing and Inspection Services in writing within 24 hours of any conveyance or transfer of interest affecting the Rooming House and the name and address of all persons who have acquired an interest. 16. 9.30.9.G. Relationship Of Permit To Building Code. The issuance of a permit to any Rooming House shall not signify that the dwelling conforms with the fire code, the building code, and the zoning code. The issuance of a Rooming House permit shall not relieve the owner or operator of the responsibility for compliance with these codes. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES NOIRES Ord. No. 79-2953 17. Delete 9.30.9.H. Applicability Of Other Sections Of The Housing Code. No person Rai operate a Rooming House unless all of the requirements previously set forth in the Housing Code are complied with. Every dwelling units located within a Rooming House shall comply with all of the requirements for dwelling units as established in accordance with the provisions of the Housing Code. 18. 9.30.9. Rooming House Change I to H Change J to I Change K to J Change L to K Change M to L Change N to M Change 0 to N Change P to 0 Change Q to P Change R to Q Change S to R Change T to S Change U to T Change V to U Change W to V Change X to W Change Y to X Change Z to Y Change AA to Z Change BB to AA Change CC to BB Change OD to CC 19. 9.30.9.H. Hearing When Rooming House Permit Is Denied. Any person whose application for a permit to operate a Rooming House has been denied may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City. 20. 9.30.9.I. Suspension Of Permit. Whenever the Housing Inspector finds that conditions exist which are in violation of any provision of the Housing Code, the Inspector shall give notice in writing to the operator that, unless conditions are corrected within a reasonable period, to be determined by the Housing Inspector, the permit will be suspended. At the end of this period, the Inspector shall reinspect the dwelling, and if he/she finds that the conditions have not been corrected, he/she shall give notice in writing to the operator that the permit has been suspended. M MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES Ord. No. 79-2953 21. 9.30.0.J. Hearing When Permit Is suspended: Revocation Of Permit. Any person whose permit has been suspended may request a hearing before the Housing Appeals Board in accordance with the Iowa City Administrative Procedures Ordinance up to ten days after the date of suspension. Upon receipt of notice of permit revocation, the operator shall cease operation of the Rooming House in accordance iwith the provisions contained in the notice. 22. 9.30.9.P.8. Every communal kitchen shall be located within a room accessible to the occupant of each rooming unit sharing the i use of such kitchen, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant. 23. 9.30.9.Z. Early d Warning Fire Protection System. Rooming House shall be providewith smoke detectors as approved by the Fire Marshal. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located according to manufacturer's directions. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit or rooming unit. 24. Change: 9.30.10 to 9.30.11 9.30.11 to 9.30.12 9.30.13 to 9.30.14 25. 9.30.10. Type III Dwellings. No person shall operate a Type III j dwelling, or shall occupy or let to another for occupancy any Type I III dwelling unit in any Type III dwelling, except in compliance with the following requirements: i A. Permit Required. No person shall operate a Type III dwelling without a permit. It shall state the name of the operator and the dwelling or portion of dwelling operated as a Type III dwelling. If the Type III dwelling is located in the same structure as a rooming house, a Type III dwelling permit is not required. B. Application For Permit. The Type III dwelling operator shall file, in duplicate, an application for a Type III dwelling permit with the Department of Housing and Inspection Services on application forms provided by the Housing Inspector. Type III dwellings operating without a valid permit or application for same on file with the City and fees paid shall be ordered vacated. 7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ord. No. 79-2953 Issuance Of Permit And Occupancy Record Card Fees. When all applicable provisions of the Housing Code and of any rules and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, have been complied with by the Type III dwelling operator, the Department of Housing and Inspection Services shall issue a Type III dwelling permit and an occupancy record card upon the payment of a fee, the amount of which shall be set by Resolution of the City Council of Iowa City, Iowa. The permit shall state the maximum number of persons who may reside in the total of all dwelling units or portions thereof for which the Type III dwelling permit is issued. D. Occupancy Record Card. Every occupancy record shall list the maximum number of persons who may reside in the total of all Type III dwelling units located in the dwelling or portions thereof for which the Type III dwelling permit is issued. The occupancy record cards shall also list the maximum number of persons who may occupy each individual Type III dwelling unit located in the dwelling or portions thereof for which the Type III dwelling permit is issued. All of the Type III dwelling units listed on the occupancy record card shall be located in such portions of a dwelling as are permitted to be occupied under the provisions of the occupancy permit filed in accordance with the provisions of section 9.30.10.8. and 9.30.10.E. of the Housing Code. Every Type III dwelling permit issued by the Department of Housing and Inspection Services shall be conspicuously posted by the Type III dwelling operator in a public corridor or hallway or other public portion of the Type III dwelling for which it is issued and shall remain so posted at all times. Every occupancy record card shall be posted in the Type III dwelling by the Type III dwelling operator in a place where such cards are readily accessible for examination by the Housing Inspector. E. Operator To Control Occupancy. No operator shall allow occupancy to exceed the number of persons listed on the permit and the occupancy record card. Nontransferabilit Of Permit. Permits may not be transferred. The operator shall notify the Department of Housing and Inspec- tion Services in writing within 24 hours of any conveyance or transfer of interest affecting the Type III dwelling and the name and address of all persons who have acquired an interest. G. Rel ationshi Of Permit To Buildin Code. permit to any Type III dwe111ng sha 1 not dwelling conforms with the fire code, the the zoning code. The issuance of a Type H MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES The issuance of a signify that the building code, and III dwelling permit Ord. No. 79-2953 shall not relieve the owner or operator of the responsibility for compliance with these codes. H. Hearing When Type III Dwelling Permit Is Denied. Any person whose application for a permit to operate a Type III dwelling has been denied may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City. I. Suspension Of Permit. Whenever the housing inspector finds that conditions ex st which are in violation of any provision of the housing code, the inspector shall give notice in writing to the operator that, unless conditions are corrected within a reasonable period, to be determined by the housing inspector, the permit will be suspended. At the end of this period, the inspector shall reinspect the dwelling, and if he/she finds that the conditions have not been corrected, he/she shall give notice in writing to the operator that the permit has been suspended. J. Hearin, When Permit Is Suspended: Revocation Of Permit. Any person whose permit has been suspended may request a hearing before the Housing Appeals Board in accordance with the Iowa City administrative procedures ordinance up to ten days after the date of suspension. Upon receipt of notice of permit revocation, the operator shall cease operation of the Type III dwelling in accordance with the provisions contained in the notice. K. Toilets And Lavatory Basins. At least one (1) toilet, and one 1 lavatory basin in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a Type III dwelling, including members of the operator's family wherever they share the said facilities; provided, that in a Type III dwelling where units are let only to males, flush urinals may be substituted for not more than one-half (h) of the required number of toilets. L. Baths. At least one (1) bath, in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a Type III dwelling, including members of the operator's family whenever they share the use of said facilities. M. Location Of Sanitary Facilities. Every toilet, lavatory basin, and bath shall be located within a room or rooms which afford privacy to a person located within said room or rooms. All such facilities shall be so located within the Type III dwelling as to be accessible to the occupants of each unit sharing such facilities without going outside of the dwelling E MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES Ord. No. 79-2953 and without going through a dwelling unit or through a rooming unit of another occupant. N. Fire Extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the housing inspector shall be provided in every Type III dwelling. Extinguishers shall be properly hung and shall be maintained in operable conditions at all times. 0. Heating Units Fire Protected. In every Type III dwelling served by a common central heating system, the heating unit shall be suitably enclosed with one hour fire resistive construction including all walls, ceilings, and doors, or such heating unit shall be enclosed in a room provided with a sprinkler system approved by the Fire Marshal. P. Operator To Maintain Orderly Premises. The operator of every Type III dwelling shall at all times maintain the premises in an orderly manner and free of materials which are hazardous to life, health, or property. Q. Closets. In Type III dwellings no closet shall be constructed under any staircase leading from the entrance story to the upper stories and such space shall be left free from encumbrance. R. Cellar Entrance. In every Type III dwelling there shall be an entrance to the cellar or other lower story from the outside of the building. S. Safe Storage Required. Type III dwellings shall provide a facility not easily accessible to children for the safe storage of drugs and household poisons in every dwelling unit. T. Early Warning Fire Protection System. Every dwelling unit sha11 be provided with smoke detectors as approved by the Fire Marshal. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located according to manufacturer's directions. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit or rooming unit. U. Sanitary Maintenance. The operator shall be responsible for the maintenance and sanitary condition of all public areas therein. 10 /I MICROFILMED BY y ` JORM MICROLAB CEDAR RAPIDS -DES MOIIIES Ord. No. 79-2953 V. Garbage Disposal Or Storage. Adequate garbage and rubbish disposal facilities or storage containers whose type and location are approved by the City shall be supplied by the Type III dwelling operator. The operator shall be responsible for disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. W. Hanging Screens Storm Doors Storm Windows. The operator shall be responsible for providing and hanging all screens and storm doors and windows whenever they are required under the provisions of the housing code. Screens shall be provided not later than the first day of June. X. Was Of Egress. Every Type III dwelling shall have at least two 2 independent ways of egress from each floor level as approved by the Fire Marshal. 1. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fire Codes of Iowa City. 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a Type III dwelling are rusty, the operator shall have them properly painted. 26. 9.30.11. MULTIPLE DWELLINGS. No person shall operate a multiple dwelling, or shall occupy or let to another for occupancy any dwelling unit in any multiple dwelling, except in compliance with the following requirements: A. Permit Required. No person shall operate a multiple dwelling without a permit. It shall state the name of the operator and the dwelling or portion of dwelling operated as a multiple dwelling. B. implication For Permit. The multiple dwelling operator shall file, in duplicate, an application for a multiple dwelling rental permit with the Department of Housing and Inspection Services on application forms provided by the Housing Inspector. Multiple dwellings operating without a valid permit or applica- tion for same on file with the City and fees paid shall be ordered vacated. C. Issuance Of Permit And Occupancy Record Card Fees. When all applicable provisions of the Housing Code and of any rules and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, have been complied with by the multiple dwelling operator, the Department of Housing and I - - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ord. No. 79-2953 Inspection Services shall issue a multiple dwelling rental permit and an occupancy record card upon the payment of a fee, the amount of which shall be set by Resolution of the City Council of Iowa City, Iowa. The permit shall state the maximum number of persons who may reside in the total of all dwelling units or portions thereof for which the multiple dwelling rental permit is issued. Occuprd Card ancy Reco. Every occupancy record shall list the maximum number of persons who may reside in the total of all multiple dwelling units located in the dwelling or portions thereof for which the multiple dwelling rental permit is issued. The occupancy record cards shall also list the maximum number of persons who may occupy each individual dwelling unit located in the dwelling or portions thereof for which the multiple dwelling rental permit is issued. All of the dwelling units listed on the occupancy record card shall be located in such portions of a dwelling as are permitted to be occupied under the provisions of the occupancy permit filed in accordance with the provisions of section 9.30.11.6. and 9.30.11.E, of the Housing Code. Every multiple dwelling rental permit issued by the Department Of Housing and Inspection Services shall be conspicuously posted by the multiple dwelling operator in a public corridor or hallway or other public portion of the dwelling for which it is issued and shall remain so posted at all times. Every occupancy record card shall be posted in the multiple dwelling by the operator in a place where such cards are readily acces- sible for examination by the Housing Inspector. Operator To Control Occupancy. No operator shall allow occupancy to exceed the number of persons listed on the permit and the occupancy record card. F. Nontransferability Of Permit. Permits may not be transferred. The operator shall notify the Department of Housing and Inspec- tion Services in writing within 24 hours of any conveyance or transfer of interest affecting the multiple dwelling and the name and address of all persons who have acquired an interest. G. Relationship Of Permit To Building Code. The issuance of a permit to any multiple dwelling shall not signify that the dwelling conforms with the fire code, the building code, and the zoning code. The issuance of a multiple dwelling rental permit shall not relieve the owner or operator of the rental - bility for compliance with these codes. H. Hearin When Multi le 'we llin Permit Is Denied. Any person whose application for a permit to operate a mu tiple dwelling has been denied may request and shall be granted a hearing on 12 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES nOfTIES Ord. No. 79-2953 the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City. Suspension Of Permit. Whenever the housing inspector finds that conditions exist which are in violation of any provision of the housing code, the inspector shall give notice in writing to the operator that, unless conditions are corrected within a reasonable period, to be determined by the housing inspector, the permit will be suspended. At the end of this period, the inspector shall reinspect the dwelling, and if he/she finds that the conditions have not been corrected, he/she shall give notice in writing to the operator that the permit has been suspended. J. Hearing When Permit Is Suspended: Revocation Of Permit. Any person whose permit has been suspended may request a hearing before the Housing Appeals Board in accordance with the Iowa City administrative procedures ordinance up to ten days after the date of suspension. Upon receipt of notice of permit revocation, the operator shall cease operation of the multiple dwelling in accordance with the provisions contained in the notice. K. Fire Extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the housing inspector shall be provided in every multiple dwelling. Extinguishers shall be properly hung and shall be maintained in operable conditions at all times. L. Heating Units Fire Protected. In every multiple dwelling served by a common central heating system, the heating unit shall be suitably enclosed with one hour fire resistive construction including all walls, ceilings, and doors, or such heating unit shall be enclosed in a room provided with a sprinkler system approved by the Fire Marshal. M. Operator To Maintain Orderly Premises. The operator of every multiple dwelling shall at all times maintain the premises in an orderly manner and free of materials which are hazardous to life, health, or property. N. Closets. In multiple dwellings no closet shall be constructed under any staircase leading from the entrance story to the upper stories and such space shall be left free from encumbrance. 0. Cellar Entrance. In every multiple dwelling there shall be an entrance to the cellar or other lower story from the outside of the building. 13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ord. No. 79••2953 P. Safe Storage Required. Multiple dwellings shall provide a facility not easily accessible to children for the safe storage of drugs and household poisons in every dwelling unit. q. Early Warniny�Fire Protection System. Every dwelling unit shall be provided with smoke detectors as approved by the Fire Marshal. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located according to manufacturer's directions. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit. R. Sanitary Maintenance. The operator shall be responsible for the maintenance and sanitary condition of all public areas therein. S. Garbage Disposal Or Storage. Adequate garbage and rubbish disposal facilities or storage containers whose type and location are approved by the City shall be supplied by the multiple dwelling operator. The operator shall be responsible for disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. T. Han in ST, creens Storm Doors Storm Windows. The operator shall be responsib a for providing and hanging all screens and storm doors and windows whenever they are required under the provisions of the housing code. Screens shall be provided not later than the first day of June. U. Was Of E ress. Every multiple dwelling shall have at least two 2 ndependent ways of egress from each floor level as approved by the Fire Marshal. 1. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fire Codes of Iowa City. 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a multiple dwelling are rusty, the operator shall have them properly painted. 14 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -PES 1101NES Ord. No. 79-L953 SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad udged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 8th day of May, 1979 6 G� .Bre MAYO ATTEST: �0.,k�e�,�tt-�' � CITY CLERK 15 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES 6 Ord. No. 79-2953 It was moved by deProsse seconded by Roberts that the ordinance as read beadopted and upon roll call there were: AYES: NAYS: AMM: x Balmer x deProsse x Erdahl —_L_Neuhauser x Perret x Roberts x Vevera First consideration 4 24 79 Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: None. Second consideration 5/1/79 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Perret, Roberts. Nays: none. Absent: Neuhauser. Date of Publication Roberts. 19, 1979 1., . 16 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES %,'lC" L lPPIt07LD By Tf� Trp'• :" M!( 'f-z0-7�•lB�� 1q RESOLUTION NO. 79-199 RESOLUTION ESTABLISHING RENTAL TYPE III DWELLINb•PERMIT FEES AS PART OF THE HOUSING OCCUPANCY AND MAINTENANCE CODE WHEREAS, the Council adopted the Housing Occupancy and Maintenance Code as Ordinance 78-2891, as amended, hereinafter referred to as the Code and, WHEREAS, the Code provides for annual inspection and licensing of Type III dwellings and, WHEREAS, the Code requires that a fee in an amount set by the City Council be paid prior to the issuance of a Type III Dwelling Permit, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The fees for licensing Type III dwellings be as follows: Type III Dwellings - $25 plus $1.00 for each dwelling unit. The rental permit licenses the premises for 12 consecutive months. It was moved by deProsse and seconded by Perret i that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse Erdahl x Neuhauser xPerret x Roberts x x Vevera Passed and approved this Rth day of _ May 1979 t MAYOR ATTEST: CITY CLERK i RLCLI70 6 dPPROM S 93� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES 411CROFILMEO BY JORM MICROLAB cuu�n enrins•:�r< �+ir+u,