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HomeMy WebLinkAbout1979-05-15 ResolutionESOLUTION NO. 79-200 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIL'MM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location; Spayer & Co., Ltd. dba The Airliner, 22 South Clinton St. i Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City to heendorsed 0upon the lapplication l cause a eandBforwardendationthersaapp meroval together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved byBalmer and seconded by Erdahl there were; that the Resolution es res a adopted, and upon ro ca AYES: NAYS: ABSENT; Balmer x deProsse x Erdahl x Neuhauser -- Perret x Roberts Vevera x Passed and approved this 15th day of May 19 79 _ Mayor 7 , Attest: City Clerk 95 6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO, 79-201 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLrCM= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes C Liquor Control License application is hereby approved or the following named person or persons at the following described location: Iowa City Aerie #695 of the Fraternal Order of Eagles, 225 Highway 1, S.W. I Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. j The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, I It was moved by Balmer and seconded by Erdahl that the Resolution as res a adopted, and upon roll -call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl Neuhauser x Perret x IRoberts x I Vevera x Passed and approved this 15th day of May 19 79 "--_'M or Pro., em Attest: City Clerk 957 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Q RESOLUTION NO. 79-202 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 followingnamed the following described location: or persons at Four Cushions, Inc. dba Control Tower, 18-20 South Clinton St. Said approval shall be subject to any conditions or rest hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for app be endorsed upon the application and forward the same to with the license fee, bond, and all other information o. ments required to the Iowa Beer and Liquor Control Depar It was moved by Balmer and seconded by Erde that the Resolution as read be adopted, and upon roll ca. were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser Y Perret x Roberts x Vevera x 19 Passed and approved this 15th day of May _79 a or ProYton, Attest: (i i City LClerk FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ;�) RESOLUTION NO. 79-203 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Iowa City Aerie of the Fraternal Order of Eagles #695 225 Highway 1, S.W. Box 507 it was moved by Balmer and seconded by FWhl that the Resolution as rea e a opted, and upon roll call t ere were: yevera x Passed and approved this 15th day of Mav 197 9 , r Attest: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i IM AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 15th day of Mav 197 9 , r Attest: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i IM RESOLUTION NO. 79-204 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF OAKES SECOND ADDITION BE IT RESOLVRD BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Oakes Second Addition be granted with the following conditions: None. It was moved by Perret and seconded by Roberts that the resolution as read be adopted and upon roll call there were: AYES: NAYSs ABSENT: x BALMER Passed and approved this 15th -dax of May , 1979. ATTEST: Received R Approvtd By The Legal Department MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-205 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owner's; and WHEREAS, the Police Chief has made every effort to locate the owners of these bicycles and has been unsuccessful in the effort; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City, Iowa; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: I. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder, and that Notice Of said sale shall be published in the Iowa City Press -Citizen once each week for two conse- cutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of j the sale. It was sse and the Resolutioneasbr eadebe adopted,sandnuponbrollDtcall eretwere: AYES NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x. Perret x Roberts x Vevera Passed and approved this 15th y of May 1979 Mayor Pcu icn, ATTEST: L��' Received A Approved ity Clerk ���� �.� By The legal Department V3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION N0. 79-206 RESOLUTION AUTHORIZING P:}MUTION OF ANNUAL OONTRIBUrIONS CONTRACT WHEREAS, the City Council of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. j BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro Tem is hereby authorized and directed to execute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts; or any of then, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Perret and seconded by Erdahl 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 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES 0 t i q7y Resolution Ivo. 79-206 Page 2. passed and approved this 15th day of May , 1979• ATrFST: aCity Clerk —�� D9ayor ro � em MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES P`C1T1lD 6 LPPRO'ND FY T19,1XdAL buarr)GEIIT f I I —�� D9ayor ro � em MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES P`C1T1lD 6 LPPRO'ND FY T19,1XdAL buarr)GEIIT 11UU-;525308 • 1§.,re 1 o,`3 Pages .4, vised May, 1976 rte. 1 U. S. DEIIARTMI:"I, OF I'OliSlijG Ai4l) URBAIJ DEVELLI19�iFI[V SECTION 8 110S61NG ASSISTANCE' I'AITIGNTS PROq:RP. ExisTING HOUSING a PART I OF THE ANNUAL CONTRIBUTIONS CONTRACT MASTER SECTION 8 ACC LAMER: KC -9033 EFFECTIVE DATE: July 1, 1979 (Date of execution by the Government or chis ACC Part I) NUMBER OF THIS ACC PART I: KC -9033 1.1 The Pro ram. a Projects Within Program. The Existing Housing Program under this ACC Part I includes the following projects: Project Number: ACC List Number and Date of Approval IA05-E022-001 s ZA05-E022-002 KC -78-120 4-20-70 IA05-E022-003 KC -78-119 4-20-78 IA05-E022-004 KC -76-126 5-26-76 IA05-E022-006 KC -78-118 4-20-78 IA05-E022-007 KC -70-086 3-29-78 KC -79-146 4-23-79 (b) Number of Units (Bv Size) in�ProRram The aggregate number of units by size of unit included in these projects is as follows: Size of Unit: Efficiency 1 BR 1 BR (elevator) 2 BR 2 BR (elevator) 3 BR 4 BR Number of Units: 10 150 25 163 10 22 4 (c) Maximum ACC Amount: The maximum ACC amount for all Program Expenditures in respect tothe aggregate number of units in these projects (the Program) is $ 837,768.00 per year; Provided, however, that this amount shall be reduced commensurately with any reduction in the number of units or changes in unit size under any provision of this ACC (see Section 1.4(a)).' The PHA shall not enter into any Contract or take any other action which will result in a claim for an Annual Contri- bution in respect to the Program in excess of the amount stated in this paragraph (c). (d) PHA 9.t tion. The PICA, to the maximum extent feasible, shall enter into }lousing Assistance Payments Contracts ("Contracts") in accordance with the numbers and -sizes of units and subject to the maximum ACC amount specified above. (e) Meaning of "Project" as Used in Master ACC and Part II For purposes of this Part I the Lain11Project wherever used in the MasLer Section 8 ACC and in Part I1 shall mean all the projects in the "Existing Mousing Program." 1.2 Authorization of Actions by PHA In order Lo carry out the Program, the PICA is authorirad to (o) enter into (lousing Assistance Payments Contracts, (b) make housing assistance payments on behalf of Families, and (c) take all other necessary actions all in accordance with Lhe forms, conditions and requirements prescribed or approved by the Government; Provided, however, that neither Lhe PITA nor the Cov-:rn- mcnt shall assume any obligation beyond that provided in Contracts in Lhe form approved by the CovernrenL•. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES F101NES IRM -52520D rave 2 of 3 Pages 1.3 Train of ACC, Lrsi,r: and t'onlrnr.t. (a) Term of ACC, 'l'hc lLnn of this ACC shall be five years. (b) 'Perm of Loase ::ml Cnntrnrt. T'he tem of each I&') sl.all be for nut Ir•e:• tl:m and year nor more than three years, but Lhr Lease Play contain a provisiun penui IAJ1 ^• termination upon 30 days adrance written notice by either party. 'filo tcirm of e,•r;, Contract shall be for the tens of the Lease, provided that if a Family c(,ntinue:; in occupancy ifLLr the expiratic,t of the term on the same terns and conditions ns Ulu original Lease (or ch;tnges thereto which have been approved by the NIA and incor- porated in the Contract where appropriate), the Contract .shall continue in effect for the duration of such tenancy subj0CL to the limitation in Litt: next. senLcnce, Any renewal of the Contract and Lease term, and any continuation of teivancy beyond Lhe Lena, shall. in no case extend beyond the term of this ACC. 1.4 Annual Contribution. (a) Notwithstanding ally other provisions of this ACC (other than parograph (c) of this Section) or any provisions of any other contract between the Govertunent and the 11IL1, the Government shall not be obligated to ivike any Annual Contribution or filly Other payment with respect to any Fiscal Year in excess of the amount staled in Section l.L(c). (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, the Government shall pay for each Fiscal Year an Annual Contribution to the PIIA in respect to the Program in an amount equal to the sunt of the following '(Subject to reduction by the amount of any Program Receipts other than Annual Contributions, which Receipts shall be available for Program Expenditures): (1) The ainount of housing assistance payments payable during the Fiscal Year (sae Section 1.5) by the PIIA pursuant to the Contract, as authorized in Section.1.2. (2) The allowance, in the amount approved by the Government of administration. , for preliminary costs (3) Tile allowance, in the amount approved by the Government, for regular costs of administration, including costs of Government -required audits of Owners and the PIA. (c) (1) An ACC reserve account will be established and maintained by the covert)- ment, as a specifically identified and segregated account, in an amount as dr -terminad by the Government consistent with its responsibilities under section 8(c)(6) of the Art. lie the extent funds are available in said account, the Annual Contribution for any Fiscal Year may exceed.the maximum amount stated in paragraph (a) of this Section by such amount, if any, as may be required for increases reflected in the estimates of required Annual Contribution applicable to such Fiscal Year as approved by the Government in accordance with Section 2.11 below. (2) The Government will take such additional steps authorized by section 8(c)(6) of the Act as may he necessary to assure availability of funds to cover increases it., housing assistance payments on a timely basis its n result of increases in Contract Rents or decreases in Family Incomes. (d) The Government will make periodic payments on account of each Annual Contri- bution upon requisition therefor by the MIA in the form prescribed by the Government. Each requisition's(rnll include certifications by the PHA that housing assistance payments have been or will be made only: (1) In nccordance with the provisions of the Contracts; and (2) With respect to units which the PRA has inspected or caused to be inspacLed, pursuant to Section 2.4 of fart II of this ACC, within one year prior to the uuiking Of such housing assistance payments. I (e) Following the and of each Fiscal Year, Cite PHA shall promptly pay to Lite j Government, unless other disposition is approved by the Government, the amount, a any, by which the total amount of the periodic payments during the Fiscal fear exceeds the total amotnt of the. Annual. Contribution payable for such Fiscal Year in accordance Will this Section. 1,5 Fl seal Yen]-. Tile Fiscal Year for the Progr;ai shall be the Fiscal Yc:,r LiLli.::hr•d by Section 0.3 of this ACC; Provided, IIo%4C'vf!t•, Hot Hie first Pir,cnl 'i •,u far I'.he Ih•ojact shill be the period beginning with Lilo effr•cci.vc dale of Lhi•. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i IIUD7525208 Page 3 of 3 Pages and ending on the 1pst day of said established Fiscal Year which is not less than 12 months after such effective date. If the first Fiscal Year exceeds 12 months, the maximum Annual Contribution in Section 1.1(c) may be adjusted by the addition of the pro rata amount applicable to the period of operation in excess of 12 months, 1.6 Periodic AdfustmenL of Contract Rents, Each contract may providt for periodic adjustments in the : ontract Rents chargable by the owner and commensurate increases in amounts of housing assistance payments in accordance with applicable Government regulations, 1.7 dual Opportunity (lousing Plan. The PHA shall comply with all provisions of its HUD -approved equal opportunity housing plan. 1.8 Expeditious Carrying Out of Program. The PHA shall proceed expeditiously with the Program. If the PHA fails to proceed expeditiously, the Government, by notice to the PHA, may reduce its obligation hereunder with respect to the Program to the number and size of dwelling units under Contracts with Owners as of the date of receipt of such notice by the PHA, with a corresponding reduction in the maximum amount of the Annual Contribution specified in Section 1.1(c). 1.9 Prior ACCs Superseded. This Part I supersedes prior Section 8 Existing housing ACC Parts I, if any. m 9 PHA OWA CITY HOUSING AUTHORITY 11.4 11,4A'"ft n T� C� Of e a tle Date May 16, 1979 United St tos of America Secretary of Hipu 0and Urban Development Supervisor Date—JM ,Z F, Z2/ 7 i v *U.S. GOVERNMENT PRINTING OFFICE: 1077-205-05512502 MICROFILMED BY JORM MICROLAB CEDAR RAPIOS•DES MOINES Service office �1 Ulv)Ts MASTER SECTION 8 ANNUAL CONSRIBUTIONS CONTRACT C ^-r ! V.' f•„171TY Loaw AUP•i:!PITY ATTACIMENT A ACC Contra!t )(fir Dp.Ce ACC Mat Number Dace Prolect Type KC -9033 KC -9033 1-9-76 G-17-76 KC -76-048 1-2-76 Existing KC -9033 7-1-76 KC -76-124 5-25-76 Existing KC -90335-25-76 7-1-76 KC -76-125 Existing KC -9033 6-16-77 KC -7G -12G 5-26-7G Existing KC -9033 7-1-78 KC -77-215 (KC -78-120 5-20-77 Existing Conversion (KC -78-119 4-20-78) Existing (KC -76-126 4-20-78) Existing (KC -78-118 5-26-78) Existing (KC -78-086 4-20-78) Existing KC -9033 KC -79-146 3-29-78) Existing Existing i i Ulv)Ts SOIIRU- YGrz COMT(1;.:,f AUTNUITY C ^-r ! V.' f•„171TY Loaw AUP•i:!PITY MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES 9E FOLLOWING -BEST DOCUMENT AVAILABLE FOLLOW/NG /S BEST DOCUMENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tdDIOES ✓ORM MICROLAB TARGET SERIES 000 avaiLaece i i i Term:: 1:1;,1 (,al:Lion Cfu1::i:r:!!:. !';;•t i1 rf r: Annual Conla'ibalioas Contr;:ct hcl:crcn PITA and lho lh±ited 3t; tes of G::.c•r7cu ('Xi S7i1::T1AL 11Tj&I17 L7'iATIC,t!, Aster SocLiea (i , Cf,'• J:u:.'+.:c:` KC -9033 (Il) "P;MAlicul, InCans I,^rcr-Incane Fa:rilien (including ,Very Lo•r;-.lnco:.:c 1'a:::.i7:,>::") and inclu(!c•s Fu::ilicS consistin;; of a sidle person in the case of iadc:l 71ics and 1>i;;pinced Fami]}es and includes the rccni.n'ing I:xscber of a tcnmlL family, (b) "la Le]'ly Fn:RWes" l:lean!; Fa:11i.1ics whose heads (e). t}:!'ir ;:n0'.1r0:;), Or l": I!p::C• ,^,O?n n1( del'n dro Person:: c}a arc nt least G? ela S of c,• IIS dCl'1llvd ill SOCLiell 223 1 S '•r' (. '+=•'= U:;dC;' a of the ocinl Sc curity i.r,t n: in secticn 102 (5) of the Dovclopr.:r,nlnl U7.sabi]iLios Services a::d Facilitic::r.tion ::r.(:ni::•i.^.tD or 1�%0, a" are bandica roeci. disnbled, or hnndicappad indmi" •idm0svliAM tcgetJ:erdor onon o,' 1;.'U1:`e nl(.•:r;y'' living together rith another pcson who is dr.icrrained wader rn_galatiuns'lol'Lt}:J dual::' Secretary of Ilousin;; nn(! Urban Ikvclopc to their care m• v:ell being. cnt ("Sccrct.nry") to be a ;ar.^.on cr:^entinl. (c) 'TiDplaced Fa:ailies" mean!; Families displaced by govern cafe]. ^r. tic:;, O±• 1:hoso dcicllin(;s }:ave baon extensively do:,ar((•ci or destroyed a:; : :•cS::L'. of :, di: • sL.:i' declared or r othes:7 se foraa117y recog2lir.ed }:ur:;UaMt to Il 'edera] divnnlcr i'clid (d) 9,or:cr-7ncolac Fnnilic.^," incur.;; 1'Mil.ics v:hose IncolnDs do not cxcaed f0 per cc! of the median 111COine for the area aS deterrsined }ly the Secretary ;;itll (:r.,lurtr., r,Lt for sIr•111cr and lama,. f..^_ i].ieS, except that the Sacre "'nit!, hirh or lc.:er than F'0 perccra of t!:e ;:edian r ta:•y r.,a;; cat.3. !Sh !:,-,orae i fi,ndInip. that C:llch ' a 1 „ , J n 0-' the area on tlfe }:a:;iC or t ].f. '• riations Ire rlecm3ar`- bec_u ne of •:rev. of con2;true tioil. coSLs, unusanll.y high or loll fuln'ily Inco acs, or otlicrlfaetcrr, (e) "Perp Lo'wNwIae Fa:ailic•s" menns Families v;hO.^.e Incoale:: do not exceed 50 percent of the mcdien TncOSc for. the area, nS dctcra:i::cd by the for smallor and larger faalil.ies. Secretary cath adju^t:!ents i (f) r. e" I.xans incumt! for all sources of each iltmber of the in 1:casoho7d, :, acath th criteria presc:•ibed by the Secretary, dc•t.. _.l!•d I (L') "One I:u:nS the p('rs(.%n orc•r"'y, 1 RSId (:UI', t2'i;Ct C'".' C':it Cl'L';1 lr:tp•11'eillCl llf !.il�, CGGl%CI`&Li\'&, v;th V!.ir'll th ."'..7. i 01) "}}cntl' Or urr:±l.:.l." :.1^net Under the OCCUj: nncy r�i.!•.•r i ,'c `P LU 1,:^::b^:L f P. ... C, au1 'li; f. r. .:.0011 SlICII •....CII: !'I`,^. andt';• (i) "I'rricct Rcceil), " V. respect to (".tell Pl;njcat nea the /alta'^l for:';l".lticns pavaLlc hcl;u:u!cr and all cher rocei;'ts I,vr avis i,CC, if ary, ae;nvi: to tl:c• 1'l1A frog, out of, or in connection :cit}1 ouch Project. (j) "I'rgiect l (penditures" with respect to each Project ra•ans all cost., n7.lo;cnble War Section 1,4 (b), &L I of this ACC, ,:ith respect to Duch project. f:lult r.;r!ans the occurrence of rely of the event -l; liflLed in Section 2.' The PITA shall ur.(. f•1c Al.:r.:'ll Den-t.r1b '(::. ion i ..^.t,, r.l: F:Ifc, (Illd 14031;• l fCl' the of ttl ' . cl.i Ib ,,...i]ir., 1 � ,,u; .;] .:ti ., i:.. r'.1 L; .::wan: ;t,r1,, ';c•.. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FOLLOWING -BEST DOCUMENT AVAILABLE FOLLOW/NG /S BEST DOCUMENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111ES JORM MICROLAB TARGET SERIES AV•4ILABLE 1111)-52520 C w+► �, or 30 With Le Lc:—:"'! - :!; Ir: c• (: •,..,.. Act 1. DL tt:c Go:•(::N:;:ent !;uc:u::n: iia lo:k;L ,1 10 .i ('.:1 (C J ('r) C. ;' •1.., :'DI1L Of i1Ne 1':11.x11 ]l :: 71fi:'),;!.l(I . In if 11 ]t3 11'C•,',•:•;:; its Master Section ;j ACC Sl:all br Very ho:r-L;ec:.e F7uailie.. b:•:• (b) The PIIA shai•t or n::::iu•i' co::gll{nl:co v:i Ul t.La ::clir•dulr.:: FinJ rri ;.r•;•.;; „ l.ishc(, Uv the Covcvuxr':1L v:iLh :'esl-ect to the a:LcunL:: of :mdc (,a i, of }`r.::I o;; unirr sasis:t:ncc r,::;;:ro•a:; (c) The PMA shall i:c or eau:;c to he POSitialt, Find extent 'ticie prrioriic rc-oy:;t;A:'1tiO;1:; of {.1:e of ( xcePtional medical or cthu:' un u:unl r.;:p •: ,- 1 •r,::'' r,slm- for whoa housinl; assisLnlnce or ndju;;LiPsymalls are beinf; r.;:idr.,for the in accordpu:;:o-prof "'tilt 1:C,ance (•,,Nth the npplicablu sr•!;echlles cstabl.is!;od ?;U1c1C:,vern- menb, the mnount of rent payable by the Family and the amount of housini; he C:1-.ance pay ant. (d) The I'lIA shall dctc.•rminc, nn part oi• its nnnunl in:;pect.ion Find at. ;:ucb other tir.,cs as it deems appropriate, r:hethcn' nn adjustcacnt is rcquirr_•d in the. Allo.aoci.• for Utilities and Other Services applicnb.le to the di..,elling unfit on (rounds of chauf;es of general ll iescl. bey, If Ute PILI detm•adnes that an ndjuntmcat sJ;oulrl be m7nlo., the PIIA shall prescribe the amount of the adjustment find notify th`9 O.atr'r accordingly, and the PIIA shall enuse Ute t?,mer to make n corresponding ndjusLment in the mnount of rent to be pnid by the affected Family and the amount of housing assistance payment. (e) Prior to the approval of eligibility of n Family by the PIIA or t11e Dwacr, as tine case may be, rind thereafter on the date established for each reexamination of the cause status obe f such Family, the MIA or the Ovainr, as the case may be, shall revie.' ar Family,owhicheviewed a applicationichn!2,, setlforthnalligned by data and ninformationeneccesaryfforril a determination of the amount, if any, of housing assistance Payment which enl be made with respect to the Family. 2.4. INSP_ CTCTIONS• The s a Or (a' Vint Pthe Safe, andintninatlle assiitedndvclling unitsandrLlotcd fnci.litiof housing as" . tes in nu.ntn, Decent, Safc, and Sanitary condition. (b) The 1111A shall inspect or cause to be inspected dwelling units and related facilities Prior to conaneneement of occupancy by Families, and thereafter nt ]ca annnoll,y, adequate to assure that Decent, Safe and Sanitary housing ecco ocb,tiens fire being Provided and that. the agreed -Lo novice,^. are bcinfi furrishcd. 2.5. IIOMDISC!iP.,jNAPIO:I IN 110USAJO. (a) The I'MA shall col,;nly with all requirements in -Posed by Ntl.c VI of the Civil j:9r'hts Act of 1964, Pub.li.c I.n:^ f;8-352, 78 St.nt. 241; t!;r 1•pr•l;lntie:,^ of the Cr.unr::.cnt of )lou..^,in(: and Ih'brm bevclopmcnt issued thercunduv, 24 CPii, Subl.itic A, Part 1, Section 1.1, et seq.; the requirements of said Rcl;va rlt and }xccutire O1•(icr 11063, to the end that, in accor:i p 'urith nt to r:nfcl rcrulnf.ia:r regulations and requircnnnts of •^,aid Department thm dundco;aandV t "cL ;u:d the Order, no person in the United States shall, on tile ground'of race, dec,lor,Ntcrecd, relicion, or national origin, be excluded from participation in, o t.a denied the benefits of,do the Mousing Assistance Payents Pregrn:n m he otho::Ise .^.ubjcctec] to discrimination. The PIIA shall, by contrnctnal requirement, covenant, or other binding co:nitment, sssure the same co pliance on the part of Fir/ ,,^,uhgrnntee, contractor, ;:ubcottracto', transferee, succe::Sor in c )art cr Other ante , 1>atL in the program or neliviL,v, Such rat.^.i trent to include the fOt erpa cin.1- : "Thin ]uovf-ion iinclndr`(I pursuant ;o L!:• rel!ulatiens of the• 1'eput'm;lt of Ilous.ini; ;Fiat lhban l:evo7o;c;r:nt, 24 CPjt, BuLLiL1e A, Part 1, Scc!icn undr.r ',:LIC. i'7 of tJa' :;IIJ Civil P?;'ha A. requi reme':nt:; of :1.n i(! I:i •j,a 1'L,''.r'nt pal':: n::;: iIO 7 f1 1'r: I11Rt10},:; •i• _- ligntion c,f th (crr:LrncLnl' cr other) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FOLLOWING -BEST DOCUMENT AVAILABLE FOLLOWING IS BEST DOCUMENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DEs 1101rits JORM MICROLAB TARGET SERIES 000 AVAILABLE i i Lt.la-�,^y�li c i:,.•:• � ar to Pa,;e:; °"� r"j boner; I' , r u:e w:i ,•.; rl:. :c rulit.l,d ;o invrl;, roti! rr::�.•dir•" n':�:il;:!ilr lv t•,;; ;.,.,;.,. bPCarh t,hervol, or IO , r.jlinn.:r tla•r,•:riLh 1;1 LL%• (rv.:;l;r,,•I t.., r•: .. :•' , (b) The HIA shall incorporate o' caue:e to he in::orp:,rat.ed into till Haus;:,,• Poymonts ConJI'actn a provision rentria•ing c•o:ali:uicc r:ii,h rill renuirc':•nL:' iaa:r a by 'Title VIII of Ute Civil Iii pursuant Llwrcto. ghts Act of 1964, and 'Iry rules find re;;t:L•:t icas :a:cd (e) The PITA sh.-112'not, on ::ocOl:nL of creed or sex, di cr; r..i n:: Lc• is tLr rar rental, or other disposit;r',n Of hec::[n; cr r•r'ntrd included in rut;! 19'gioeL or in "'o n:c 0r oclupar.,y therrnf, ::n dr7:y L0 !' :•n;r r:.il.y the 0ppa'turti Ly to apply tr.r :;uch houaing, nor den{; to ln;r eligible ::ppl ic:u,L l.he opp01-tunit.Y to lease m• rcnL any d.;ell;r,-, in any such h0usiru; suitabl.c to itr needs, 110 pm sOn shall automatically be excluded from participntion in m•t,o denied the benefits of the llrntin ; Ar is;tnnec Pnytrentn I'rograa brcaurc of is ;p in a class Bitch ns wm,art';rd t::OLhers, recip.icnLn of public nrsicaanco, (•Lo. 2.6. EQUAL 111PLOt7IEM' 0I'P011'I'I!InT1'. (n) ''Tile NIA shall not discriminate agninaL any employee or applicani, for employaxent because of race, color•, creed, religion, sox, tit nnf.ional origin. •Thr: 1111A shall tnl:c a1•irtnaL.ive action to cnrurc that. npp]ic:mts are employed, !fill that I cnq)JOyces fire n.rcuLed during employment, e.itllout regard to race, color, creed, religion, sex, or national origin. Such action shti11. include, but not be limited to, the following: crtployanent, upgrading, delrOtien, or transfer; rocruil.Dtcot or recruitment advertirting; layoff or 1,1277111naLiOn; r•aLcs of pay or. other fat^in of compensation; and :;election fm• training, inclurling apprenticeship, (b) (1) 'Tile PIIA shall incorporate gr cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rt-gultitions Of the Secretary of labor at 41 CFR, Chapter 60, which is to be performed pursuant to tills contract, the following Equal Opportunity clause: "F UAL 1..^.iP1Ali;;E111' 0PI10R'rURITY During the Performance of ,this contract, the contractor agrees as follows: (A) The contractor will not discriminate agninst any employee o• applicant for employment because of race, color, religion, creed, sex, or national or;Cin, The contractor vrill tlyc affirr..al.ive notion to onsnrc thnt applicants are employed, and that employcos arc trnntcd daring emp]oy,::cnL, without regard to thein• raoc, color, rcliiirnt, rrrcd, sex, Or ru tions] 0ririn. Stich n!. fiction ;;ha]] in,:Ltdc, but or li;.til.rd to, Ihr: following;: cr;plnn.r•nt•, Ilpi;rndinr.i demotion, or' Lrrm:;l'cr; recruitr.cnL or- rec'ultrantL tidverLi::;r:; ]n;/,•, or Wn•- mination; rat.cs of pr:, or other fcrc:, of CP:: ;OCll:ia L]('It; and ,^,r'lecti0:n for trainiing, Including npprenticenhip. The contractor agrees to port in coi- sp;cuatts placer, avn;aable to ( ployccs sad auplicants for cr,pioy:. r.t, notices to hc' proviriad by the. HIA :r-Wjq' Earth Uio provisions of Liti:: EqualOpportunity clnn.;c. (I') The' contractor ;rili in ill]. solicitations or advertinencriLs for ot^p]oyces Placed by or on behalf of the conLractnt•, state th,L all aunlifiu! ::ppiicants V1131 receive con:;idertition for c,nployment without ragnrd to n;•tce., chlor, religion, creed, scxr or national origin, (C) The contractor %%ill send to pact, labor urtino o• representative of v:or•kers with which he has a collective hargaininf::,grerment or, otl:s ecr,trre:L fir i wulcr.t,ndir:g, n notirc In ba ;a',t'idod by t!rr: HA wdun or w: rl::r::' :.,:..:•<: e::;r:irc r of r. •r'a;: t.0 t' .-S1:C:i dr: ; cet;on, first ^gall ;, a.pi f thn nativf. ;n ccnn::picnor: pl;.:r ; :,:•,i;:,i]e to cr..ployc•c•s nr,d ril licantn for- ]1,')/.6 or rap7n;;:::enL. (ll) Thc• c0ntrr.ct.-;• w i7] cr.aly t:i'.h all Jn'a1'L:jttl::^. Pf l.xc•:•u!ivc !•:•.!... ;;, 2of ' .11 /,(, ^', .�^ ;'/„ .'.'r, 6:r1 of !.Ia. ordcv:. of t ._ ;',,•rr•.n:',, ,I' 1•dm, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES FOLLOWING -BEST DOCUMENT AVAILABLE FOLLOW/NG /S BEST DOCUMENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110I14ES JORM MICROLAB TARGET SERIES 000 AVAILABLE i i i )WJ'L 5?5200 dna of .10 1'r1Ces (!':) The conia•nctor roll furnish nil i.^.frr•r-n:io:i r:::;! rv: r::: rc!;;:!••.: Executive Order !Io. 11246 of Sentcm.l.or 24, 3q•',5, and I:: rulor, and orders of the SccretAry of 1.1bor, Or n.u•r.unni. tLr:re Lo, :u:Q r:irl access to his books, records, and accnuntn br t?iC GOVCr•L:I:c:Y lard ' I _ Of Lubor for purposes of investigation to ascertain CC;tplin:let.: tl; ;;c!i rules, regulations, and orders. (F) In the event of the contractor's nonco:rnlionce r:ith the Equal. Opr,rr:unity clause of this contract or ,:i.t'n any of the said rule.^., .1 Cr Cr orders. this contract mny be cancelled, t.c;rlinateti, or ;;u::per.rleci in r:r.ac• or in wart, and•th'e contractor troy be declared i::clii;'_Lle for fur•t!:cr co:a•act:: in Lecor•d:. with procedures autP;oriecd in iixCCllt1Ve Order No. 1111.6 of Septa,f.cr 21., 1065 and such other sanctions may be imposed and remedies invo):cd as Provided in Executive Order No. 11246 of September 24, 1965, or by rule, %•e -elation, or order of the Secretary of Labor or as otherwise provided by (G) The contractor roll include the portion of the sentence ;maediatcly preceding Paragraph (A) and the provisions of Paragraphs (A) through (0) In every subcontract or purchase order unless exempted by the rules, regula- tions, or orders of the Seerctf.ry of lnhor issued pursunnt to section 204 Of Executive Order No. 11246 of September 2/„ 1965, so that such provisions will be binding upon each *subcontractor or vendor: The contractor will tllke Such. action with. respect to arty subcontractor or purchnse order as the Government may direct as a means of enforcing such provisions including sanctions for noncompliance; Provided, however, that in the event a contractor. be involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Government, the contractor may request the United States to enter into such litigation to protect the Interests of the United States. (2) The PHA agrees that it rill assist and cooperate actively with the Government and the Secretary of Labor in obtaining the compliance of contractors and sub- contractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Government and the Secretary of Labor, such information as they may require for the supervision of such compliance, and that it will otherwise assist the Government in the discharge of the Government's primary responsibility for'securing com- pliance. (3) The FHA further agrees that it will refrain from entering into any contract or contract modification subject to Necutive Order No. 117.46 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for,. j Government contracts and Federally assisted construction cortroa's pursuant to - the Executive Order and will carry out :arch reactions and penalties for violation of the Equal Opportunity clause Its may be im:posed.upon contractors and sub- contractors by !!:a Govcr=ont of the Secretory of Labor pursuant to Fart II, Subpart D of the Executive Order. 2.7. TPJtINING, ? DLp ^:'I!T, AND CON'fn1:CTING OPPOESU!!ITIES FOR PU.SINFSSES AND L07!ER II!CO'? ` !i50i,'S. i (a) The project nssistcd under t1:15 ACC is s,rbjeat to the requi.rer..ents of section 3 of the Housing and Urban Develop -ant Act of 1966, as runended, 12 U.S.C. 170b.1. Section 3 requires that to the greatest extent feasible opportunities for �rnirin,>, and employment be given lover income residents of the Project area and contracts for work in connection with the Project be ar:arded to business concerns which are located in or owned in 'substantiel part• by persons residing in the area of the Project, (b) Notwithstanding tiny other provision of this ACC, the PiUt shall carry out the provisions of said section 3 rad .h, rP.`:::r. ti:s issued ptssuent t^.e:eto';^::hc SacrrtL:y set fcr:h in 24 CfR, 'rcr: 135 i;•:::.'.!:i.ed in 3S Federrl Eci!stor ?7.20, Octobca 23, 1973), cnd all P.r.plicablc ra:r.0 rand ordera of the Secret^_r iseued thereundor prior t0 tire CY.NMr'.i 0.^. Of `M: , ,.CC. T!;e rr ;iUi 1'r:x.f.:its Lf ,^.C!;I "CP::1C:L ..• 11101 -de but ar•e I—. 1!:ri :C;i tri ;:(•Ver ^l1:Lf.::: CLd 1a action ultn foruti";An,". b: 'r.css cr.:ce:^: lova:ed ::!:1.!: or r:—^d i:: ruc- stnntinl r.^.rt by •r i:o nrcr. of a goad fLi th effort, cL•.': 'fi^:'!:^: •,t:n Pf ;'ril•r •: GJ r'��.r .}._ ...^, .... e and business MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OES MOINES FOLLOWING -BEST DOCUMENT AVAILABLE FOLLOWING BE$T DOC(/MENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES JORM MICROLAB TARGET SERIES 000 AVAILABLE i i i iltl;l.5�'`r?o Of 1Q P::Ce. ]Ir,i'r`:.:.r::l �:. ::'! i•1'., .rt:, ';Ile P:�,1 "r'1'Ll t'1 r:: :Ind �. ,.:• ,�• ;.';.. ' ulydc•r n ec•:.trartugl .r,'L•.: ,l i::ihilili:i:ii:.•nlld Ply ifill. call! the::c roqui:•,•::�en;:•. (c) Complianee Trill:, :hr ::•,,ri: i,nr. of section 3, !hf• regal; tions net 1'o:•I!: in ?< CFR, pm*t 135, :u,d ❑]1:1 :q.i lie;l 'Ir ralo^ •nal or.!r rs of Lhc Secr;'!:n; is ued trIe under prior to npproval h:: tho G,vcrrr:%r. •rrt of Li:,: rhlicntiol, for th :; ,;Cf.:^.:;] i.e a condition of Lho Fetj�j-•!l fin•ua•iq]:e prcvid ,i to the Prn,jecl., upon the I'IIA, iL•:::ucors: ,rs and z: :: i!;n:;, Fnilure to fulfil; Id:r•;e rv•r.,lirr:: wi: •: shall :.;; irjrct '.ho ;'!:A, assign:: to A!la::aaetin c .:J ru'.•;r,!:Lruct!rs, il:, ::u:a'rr.c•:::, ..:! n :a e, ifie,l 1;7 : thlt.!:i:: AC l: and to sura: r.snctinr,c :c: :n'.: spcclfJE'd by (d) The PIIA nhall incorpw•nte or cause to in: incorporated into rrny conLrnct. passu:art to this contract sucil c]au:;e ar clauses ns me required by t.ho Covernt:.r:;t fo:• col;_ pliarlec with. its regu]atinnn JI;:;uc:d pursu:mL to the Housing mud Urh:m Ucvelopmcnt Act, as amended. The PIIA shall cooperate With the Government in the conducting of ca::pliance reviews pursuant to said Acts and Itegu]atiorts. 2.8, COOPIilL1'CIOR IN F.QIIAL OPPOR'I'l1;lITY CO.'.fl'].lA1JCli RMITIi!'!S. The coo shill cooperate wJLh t.hc Govcr•nrre"L in the conducting of comp]iyrcr. reviews and complaint investigations purialant to applicable. civil rights statutes, Executive Orders, and rules and regulations pursuant thereto. 2.9. GLEAM AII1 ACT AND FEDERAI, C'A'PER POLLUTION CONTROL AC's. The PRA shall incorporate or cause to be Incorporated, into any contract for construction or sub:;tanLial rehabilitation, !:uch clnu:;c or clauses as neo required by the Government for conip]Jnnce with the regulat;ona issued by the F,nvirolm:ental Protection /it,jone,pursuant to the Clean Air Act., n:: at;cndLd, the Federal ;'latm Pollution Control Act, a:; amancled, and I':::ecutJve Order 71'/28. The Pl!A shall coopar•nte, urith tho Government in the conducting of cornP.liance revlrw:; pursuant to said Acts and RoCulations, 2.10. JAROR S'fAl!DARIiS, The PIIA shrIll hicnrporitr orcmu:e to be incorpora d into n1; conLrnGt for construction or substmrtia] rahnbilitation of nine or more dvmlling unit.;:, rush clause or clauses as are required by the Govcrnrnent Ior compliance pith its regulations issued pursuant to the Copr.4and Act, the Davin -Macon Act, and the Contract Pork Ilours and SttfeLy Standards Act. The PIIA :;hal.]enoperaLe with the Govern -pi -IL in the Conducting of compli:111ce revi(vr.: Pun^sgril. Ln :::rid Acts and licgulaLions. 2,11. ESTI!.:ATFS OF 1CMUTRFI) ANNUAL f.0;4TI1IltUTIo!!, The PIIA shall from tiBie to tiara submit to the Govarmecnt cstirnaLes of rcouh•ed i annual contribution nt such times and in such 1'eisc ns the Govcn'tuaent may require. All estimr,t.es and any revisions thereof ;:uhtaJtted I be subjecL to GoVct^r:cnL under this Fection shallapproval. 2.12. INSURANCE AND FIDELITY POND COkrFPAGR. For purposes of protection agnitmL hq::ardn nri!:ing out of or In conncaLlon 'ri.th the nchainistrativc activJt]cs of the Pl1A in cttrryitpl out the Project, Lho PIIA shall carry adequate (a) comprehensive general linbi]ity insurance, (b)trorhren's com- I Pansntion coverage (statutory or vo]unLnry), (c) automolrilc liability insurance ngninst lunperty da:na,;r, and badi]y in,juty (o••aned mid non-ovmed), and (d) fidc]ity bond Coverage of it:: nfficer•n, ngcnts, or employer.;: handling cnnh or anLhorizod to sign checks or certify vouchers, :!.]3. I!dlOi;S OF_id:COU;f7 h!!1' RI "!, ::rniiT:;. (u) The HIA nhq)1 rninlnin rr:.;,7eLo :nal nccurr!c bq,rk:: m;!y he prrr.er; i,r•,I I'rvr..r Li iv• to I.i!v- I.y ,. • Govfi::ra•ra , i n �r"' ; .. ... • L t Projeel,n, ilmlu.lin;; rr:rord:: riiich Perri L it sp:;rrly :,sal uffi et(v• d; t., 'nw! •.,' Il MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MINES FOLLOWING -BEST DOCUMENT AVAILABLE JORM MICROLAB TARGET SERIES FOLLOWING IS BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES Illtli-;2520 C 6 of 10 anion:: other thir;'.r. fully da I srloc (haw o r.u"I act tier ,:isl•n:;iti..,;i by I.I,,• I"•!.•, of the,Annus, .l Con! r) l,ut inn:: and of her I't'uj rel I;cCHI'l::, if ;lily. (b) '1'11a Looks of accuuuC and records of the 111!1 :.lis I1 be r:nintai 11 C! I,�r r::r•h Project as ::cpara(e and di:aincL f rum .'111. ether ]'rniccts and undcrtahin;;:: of the l'4A except a:: authoeined or approved iiy the Cr.vcrnrx•n L. (c) The 1'161 :;hall fut'ni:•h OW drt•rrun"vtl !:ur1 firanri:ll, npi•rnlin;:, soul ;.l;iCis[ical reports, record:;, sL.1Lo; 011LS, and 1l0c1l:,:1'UlS, :It :(uch ncron.pnniod by such !;upportilig data, all as ;:ay rv.ason:thly be rr•ruirrd from tiiao 1.0 Lime by the C0v(•L'I1n,rnL. (d) The Covernamnt and the ConU'nllor Cc•ncrnI of the Ihli.ICd States, m' ills duly authorized representatives, shall kava full. rutd is rc(: access: to Ilse Project. and to all the books, doCuaontr„ paper::, ;tnd record:: of the I'IiA that arc pertinent to its: ope'nlions vi.tll rerpcct 1.0 financial. assistance ander file Act, including the ri.p,ht to audit, and to mnl:r e>:crrpts and transcripts fro -:1 such hooks; and records. (e) The PIIA shall incorporate or cause to he incorpor.iLed in all Contract:: the following clauscs: "PIIA AND GOVMINMCHT ACCESS 1'0 PRE'MISE'S AND 06'NEIt'S It1:COI:D5. "(1) 'Pile Ovate' shall furnish such information and reports pertinent to the Contract as reasonably may Ile rcqu.it:cd frur., time to time by the I'M, and the Government. "(2) The Owner shall perni(t the 1411 or the Cm,nrinuc•nC or a;,y of Chcit: duly authorized representatives to have accer,s to Ute pYemiSer, and, fol. - tile purpose of.au(fit and csamination, to Lave acnes:: to any i;aok;, d OCn111CtICs, papers, and records of Lhc O:ener Chat arc pert.itlest lio coaq,.liancc With' this COIICI'act, including the vct•ificalAun of informaCion pertin^.nt to the housing assistance payments." (f) The PHA shall be responsible for enraging and paying the auditor for the making of audits as required by the Covernmcnt, hilt the PIIA ,:ball he com- pensated under this ACC for the cost of such audits. 2.14. DEPOSI7'AR1_ACDQI.11IiWT. (a) (1) The MIA shall maintain one or more agreements, which at-(- herein col.l.ect'ivel.v, Called Lhc "Ganernl Deposiln•y Af;rnement," wiCh a bank(::) sc7lec.Lvd as n depositary by the PIIA. (2) The MIA cony nainLain one or re'e nfp•ec•mrr,Cs, whicli m'e herein r•oi)netivnly ca]]cd Lhc "S3VIo;;a Urpositary Agref•::snot," with a saving an<i luno • Lutien(s) or crudit union(!;) ,;elected it: a deposf.t(t:•y by the PHA for the investment of. eXcess funds. (3) A11• such General Depositary Af:reements and Savincs Dc•posi.tary Agree•::_n Ps are herein COI)CCLlvel)• Ct11IC(I the "Depositary Afp'ccurnt•° All such hanLr,, savi.nf;s and loan institutions, zinc] credit unions arelcrcin coller.tivoly called the "Dcposi Lary,." (4) The Depositary AgrcemenL shall be in the fora prescribed by the Covernment for the particular type of Depositary. The Ilcpositary sh;:II be, and continue to be, a menbor of the redaral Deposit lns:urat:cn Corporal -ion, the. federal Saving:: and Loan Inmir:rttcr: Corporation, nr Lhv Italk'nal Credit Union simet. 1nr.ur;:ace fund, as (he ul."i. tray L::. (5) Ionncdintely upon the. eecuCien of any Dc•Im::irnry A;per;hent, t:6c 1'I:j% shall furnish lu tha Govrr1r.,rut lmrh ro:raur•d r.r eonfor,u•d rr.pir!: ti.•. r, cl :u' I;u. Govrrnc:vut nay rcquir(:, (6) NO such Ili-Iw:itory /n;rr•^.lent ::hd)1 I:.: tunli un LeJ c;;c rpt. allot' J4 ,:ay;. antfce to file Cove n:r.ent. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401l1ES FOLLOWING -BEST DOCUMENT AVAILABLE FOLLOWING IS BEST DOCUMENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I-IOIRES JORM MICROLAB TARGET SERIES 000 AVAILABLE (L) '1'hc 1'11.1 needle drp„sl f prniypt l}' t:ilh ;'urL hrpn::it:n")', uuJo:' I!n• I,•; u•. of Lhu lloponllary Al;rr+•nn.•ut, aJl monies rrc (•ifvd put ::uanf lu Lhi:• :;r:7, (c) The PM:i laa p'::itlh•a:a :noniea l.w•:;uant' to t'hO 1'cl+Or:it,:'v APr crn„ta U) Payc:ont:: purr.uant In lho Ilnu::iu!: rissisl;,ar,• 1`. r;:,•nt;: G,•' r 11,1v for ) other pu:Pn::rs ::I,ccif ir•tl ly approved 1')' Ihr Cnt',v'n:.. •nl. :;,, roue be taadc rxrrpl. in :,crurJ.lncr• With a vnuch,,r or ':i11,., office of the I'IL1 sta t. i.n; i ,, t•nurli,•r:: Ill•;, ..n til, is lie: dt':nr:tl is ! n ! lolrr dclnil lite purpn:•r' fnr 1:IJ,:h .:ut'lr :;ilir- taad c, (d) if the Govern;ncttt m;d:os n deterutinatiott, alter notice to the 1'i L1 r.ivine it rcasonahle opportunity to to c cnrrrr.Li.ec act.iml, t to U,e i')A is in itSt:L:;t;tn_ tial 31"I r. or it fhc Covcrnrlcnt del'rrmines chat t.hu I'llA Ict: r:cdr a fra(;ulcnl- da a sulimi u,isrcpro:ocntatiotl of any malarial fact in :m)' of tLo do,uL:au Cs or data sub:ni.ftod to the Government pursuanL to thi.1; ACC or in ;u1)' doru,aonC c,r da Cr: sub,uitted to Cllr Covern:ncnt ns n 1„sis for thi.:: ACC or -1s nn induce:'.•11C tr' cLe Cot'crnmunt. to enter into this ACC, the Covcrn,r.rnt ::hall. have lite rf;;hc to (1) give noCic'e of. such dC•tl'rr,illaIi_Ot to UI.,, - arj' Which holdv any tconicn po (1)nL• fo Lhc: Depositary Agrooac•nL and (2) requite ::cch pepu:;ilnry, o❑ lite Lasix; 0i such notice, to refuse 10 permit any will 1<Irnwals nf. ::uch monfS•n; Prnyfded, how•. ever, that upon Ute curial; of such Default the Covet'nmenC sha11 pro;npL•.ly resciurl such notice and rr'quircment. 2.15. 1 (a) I'll! NIA may deposit under Cite term:: of the Ccnr.r'a1 DepOsl.l'arr>' Al;rc•r•nenC monies r I)Lracd or hcI!; by the ll t e connection With any other ACC or ally ndlniniscr,1tiO; cm1[lact or lease Lalween the 1'l1A and chc Government. (L) The PIIA may also deposit under the torms of tl,r. nmounts necessary for curreAt expenditures of '1 1: neral Depo;: t;r:•y Alp'ec•ment the PIIA, includfnl; any prnjOct or entrrprfso ir, which CherCovr.rnrcnl'111u:.aC�uO finanr. Lri'cresC; 1'rovidod+ hcwevra', that such dope:-it:t ::11,111 ba ].ulap-sou, Ir:n',::f!:!'s fro:a t'he depositaries Of ::uch taller Project.:: or cntorI,rfo,.s and .^.!l:]] Irill no cvs f Lc i deposfL:a of Lhc direcC rrevenues or receipts of such O'Lher projects or cnterprl.scs:. , j (c) If the IIIA operates Other projects or entcrpri.ces in I,+icl, tile. Government h:r; no i IJ fininci:rl inrcrc:;l., it may, from time to lilac, withdraw sucli amount:: as L•Le CovcrgMcot may approve Croln n,Onit•s on dc•po:;it under fhc Cc•t'c•ra1 Depository Agree-' Ment for dcposlL in and disbursement' from a revalviuM font! provJdrd fee chc pay - Ment of items charl;raLle in pare to the ProjacLs and in p,:rt to ol:her projects ore enlerprisrs of the 1'IIA; Irovidod, ItOwrver. that a).1 deposits io such ret'Oltcts fund shall Le ]ua:p-swn Lronsfor's from the• dept.;iLarfos of Che related prujcr. enfcrpri.^,cs and nha]1 in :10 cvonL be d,:posfls Of. Lit(.- direct t'ovc•nur::• ni recalpta•. i ts cr (d) The PIIA taa)' tsG•lblisll I+city card or clrtn;c funds in rc•a.^,rnt:d']r: amounts, free nwnies On deposit under the General Ucq:a.c funds rent. event :;11-11.1 the !'IIA wiandrnt•' from any' Of the funds or arcnunl:: autho;•i:;ed under this sect ion 2.15 amount:; for Ute )'t'ojr•cts Or for :ley other pr ,ier.l: ur entc•rpf].^.o .in excess of the amount then nn drpo:dit to rr.::pecL lht•rrtn. i 2.16. DIiPAULTS BY PIIA ASU/01( 0;)RI_C. (a) lyiI_:ht's_ of Dwglrr _if_i'1!i, Drfau7t:1 UnderA[•[trr-,one' rn•_Cunfrr.r•t_. (Teo pr0visiOns of this lirn•agraphappy au ;illy 6:::istini: lltu::i.ug Project.). j! (1) ]n the event of failure of Lhc 1'UA to comply with the Ai;rrrrent. wl.fh text O:;ncr Or if :;uch ;,l;rrrtn'I't is hold In Lr: void, voIda1,1t' or ultra vier::, or i.f Llu• puuot' ur "Ailt of the )'IIA to calm inln ::uch /crrr, tu•al I:: ,!r:n••, into rn, i•;;Ci ot: in any Iel;al proc crdinf:. or if lilt PIIA ar.:: r.r L:, nr cl;, i::: tl..,l is not Lindiup, u;'un Ihc' I'I!A Int any :;nrl,l,nr, ru .e',If l cr nntirr to Ihr 1'll,i giviu^ i ,, t a n':; �.nn:,bl'' „I'i'orl':ni1'r In•;:,!,. dclorl:liu,: Ili:,! lite urr.utr;,r',' n! any „•,rrcli�,• hvreundcr. I71„•r :•urh cycnL r. o;;:.lilult•s :, ,:'ir:'•olio' 1,:.;. the Cc n•rr n.'u'nt :.t del ,•rnine::, il. tr;y ;:::::n: -.••I',• 'I,•', and it L t(! irnuc under :.urh ,:;;I uI :,,s; rat I • 0111 1 h., 1 under Che,;�;rr,r:.'nl+ inr.lu,!ilr,; ti:• .,I+1i.•.,ti:'u,t0 rater into •II,': C•nnr.,,';; r;.. I4;c (of tills soca/nn 2.15 fc optlonal. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FOLLOWING -BEST DOCUMENT AVAILABLE JORM MICROLAB TARGET SERIES FQ.LLOWING /S 000 BEST DOCUMENT AVAILABLE i i i MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES illv g-vt'llt. (it or if ::11,11 coM ?'j.,IhclJ IV Lr it I oil I I-Ow"I of I in all 1101. Y." I to .lily ! Lich PI IA a I. va !;;1: (1111 It -I I I: Ili t V I:" COrl".. I j\'v of ",Y:,Wh l*,l:I-.j : I . Do failj 1.• GOV1.1 W - I Ill -v!; .! i;,j o tile vr: : i :.I '! I it vo [.IItll(old il;;L iou,vr:ouch1l 1110 cm 1:.. . I I. ( o 11c): d('VLTIJiIIVf c C.d III ....... I A' it not in volll such CQIILI'.ICL to Pay I (:o for ;ol of aOSiSLZICC icL to sfIrt1(IIIDOIIhousing r(,;j,vd units under !;ICICOILIacL, (3) A]1 r IIL I: and 01' 11 t I olls of t Ill! MIA this Sc. t - I I'Y VII0 COILILrell-INIL Jmr!:jI.jIIt to ' " On 2.16 (;l) wIII oropd ;is co r(!tjIrrr (I) WlIcIl I Ile 111111 L u t v, 1 .1 L 1. 11 c- I ji,;C Of L11'.1 I0Vvrn..i(!IIL Is I:11CII e I III "roilTI. Ili)]. tIWr(I:Ij VC1. I,C (I that. all def"101!; bvpII Curc4i and applicable Yelill i ndm! Ili nver0d in accordance with .111 Or (if) 1:11"I IllC A' if. at all C-Ild, whichever 0 1, OCCIll'..; sooner. (4) The Provisions of this SC-CLIOn 2.16(a) ,Cc IlIndo with, C11C E)WIIIT, the MIA and for lender), Or 010 (I'll"re It " the I( -11(1(!r and tl'C b0oefiL of, (rellcr-s Other nssiltn" then only fil r ns If i S '111Y. Who will 11.1ve becil spe by the (;O%'Crr:3('oe prior to such as 'CiriCn, in "fallit, Llicy, IlIny, ill 01. Slj�lln:Cllt. If soell (I) demand 013L lie"' to ClIfOrt-c! 010 11crforryloco 0 ParVies arc! not. Cllr. cO\,CrjIrICIIL, ;[feel, IIOCICC f HICIFIC: pro;jonjj. OPPOrUilli Ly Co V:II�C Col:rCtiV( Lei tile IIIIA [;I%, Ill: I It .1 re;isonzibI Lial Default ey.i.StS under 1) aintlion, I�h'Lljt:r a Stll)r Ir:Ir,rJqI)II (:,) teill— If the GOVerninelle dntCj-.,jiIIC;; Or (1) (2) or Lhir. SC-clAoll, (if) L1.11 . I)Crno It dCi;"j UIIC GO',CrIlment: rvjj.,C the >ar (iii) Proceed action aUthorj;:C,I nd that n:I against L jo (;l) (1) Or (,,1) (2) and ()vL 1)y stlit at 1,114 Or In equit.y. the C (5) 1'11e I)rovll;joll!; of, 11.1rni-rapIl.; (11) 0), (3), and (/I)or chis Section I"Cloded in the Agro(..�.ICJIL .11,1d tile! Pro\.jsjCjillt I J,C Of LhiS SeCtion 11 be incioded ;11C ConLOf IIract.I' 1%11� ra plis .(,j) (2), (3), and Ofrn'!'pm ifmm per IIIIcICI' MX At - If OW NIA d I, ra it 1 SCICLion 2.1l; " ill the Observ.-Ince 01- pc.rr rajI!, Co C01,1111), o,111 01,141.111cc of tile. Ov I j Ca I u; oblig.,lLjolls under provision;; lont: of U, of F;unily 1,11YEACill:jI.A.011 I)) nce(' nn}' dIlly f.j;jjCd COITINY WLII Llle rcc:oij.C::Tfl[` Of M.";l"Ce I"Ith iLr Cr.� .,,-; f;iijV; �o of SCCuloo 2. 5, 2.6. 2.7, ell- 2.8;'dpf.,ol.-,,, Ill C, o I $'� C �o '( 11.1 It , I CC, ACC or of ally t.l.rin, -\'n Illy 011ie!" 'prr" I L 0 forr.-In" or ol'!Icl fails, VVII.I.:11 , fit. I I ion (If ;,n%, 10 Lion Or Llli.,; ill Lll(: cv,tol: Ofaus d(.lm.IojiL 1)), it"! . c:0oII';ICL or chc Agrv,,:::j-jlr 01. COnVI*,Icl. by w:j.N. Or ner, to (,Ill orce it!; under I ;:CH011 Lo ;lc,.Ili(:\,(! Co;,q,) 10 Ile c. L" the. Satini.ReLfilij of 111v Go", VI'll%. a nt. 01. Lo Whole or itjIC CcjnLr.m:L in ll or dirucLed by the Guvel,1113 -11,111 lulb) I! provkjoll!; if (11 ("IV; ell' fail,, to COIIINY WiLll tile! C, Art. nilti the 0 I'll -MV II L nay, after noijec., CO Che I'I!.5 giving onsci 'e Cc" 'CV'%'C action, duccrinille CIVIL Lllu occorrence of rLuIjj:- to Cal' -rL It -', (,;:I,o" Cures .1 any Olin), Lvunt occtjrrc!llcc. of a Subseraufal a!; Co the I1rojCcV. UP011 Ole If t1lo CO"I'llnCt'It so required, I)1fntIIL with respect: ct: to any Project', LIJU PIIA ot;1 ne`-q1fII to LII(I Governnent all or iten Interestr, 1111dCr the Agror-n,, , 1.11;llts and .11"le'll 1: 111 (1 r Coil I rav t Ile. loll I If, ;Illy f olld Ild ill L. Go " 1 !;11-111 COM -11100 Lo pay Arintial ColIVI. unitsC(I%,C p (I by IlOur-im, At;!:j::(,jjjr.0 ibuLione; With ro:;ppet to dwallil.. ane«With1.11c: • tro'nis Of t;lj!: LCC and of such Ccolvr:!Ct:, Until to (2) All 1-1111ILN allil ol,lig,11 lnnrt or Hip LY Ili,s Section 2..16 00 will Iq. rclorn M vil'.11 Ii". C.". I il"I'l; ;it if--' I 1:;o If ., I'llIft!; I and vivit ''I" J'rllJ,-,!L I. -ill ba Irv,. : i(:;11'1 L' ""I'd I f .,L'::[ �., oI- h all npplContrat I I!: ;,1 ;,11 ...... 1,• t?:I! .. (C) Right:; of ITA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FOLLOWING -BEST DOCUMENT AVAILABLE DORM MICROLAB TARGET SERIES FOLLOWING IS BEST DOCUMENT AVAILABLE i i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 11!11":.. ,,•,,^G G ;" /*w1 ! ., ,• 'r of 'to 11 •:; 1'or Nrw'Co; :; blur!! •n nn,l :::; r 1 ••:,'.t,:1 u.,l;nhi 1 i Latino oro; O, J St.,r.l contain ;1.• .(lc;•;i, • ;•r..,:canon;: A dof;nil t by tI:,, Or;1:o:' under this GOr1Lr•nct shall result if: "(7) The N1101. has v]olst,cd Or fr.ilcd to con:pl•y w1L11 nny.p:•nvi:;inn Of, or Ohl]gatinn under, this C011traet or Of an',' Lensr.';'Or "(2) 1'110 C;atrr has as;•crtrd e1. dr•::n.^.U•nlr•d ort intentiOr, nal to r.erfarrl nose n1. ;ill of his obliGnLioa under Lh.ir Contract fa• und•'•r r:: ;y I�:ac. "b. Upon a doter::i nntinn by t.hr PIU, that n dcf-aulL has occurred, tLe P!!A shall notify the. (l::vtr.r, ;:ith a copy to the. fovern;rcnL, of (1) tile 10 e ,1111-0 of the clefau]t, (?) the actions rcquircd to lie taken and the remcdic:: to Ile npPlicd on accounL of the default Or,cludirji actions by the Owner to cure 1.110 default,, mrd, where appropriate, nhatcmcnt of hnue.inr! a::Sistance payments in::hnle or in part and recovery of ovi;nO;rr::1.•r:!.r.), and (3) the time :i thin which LIT(! O,vnrr shall rc^pond ;:itll a sLo:.ir:r that. he Ilan taken al]. the actions required of him. Tf the Or:nor fails to respond c1, talar action LO the satisfaction of the. PIN and the, Govcrlu:;ent, the PiiA shall have the ri(;ht to terminote this Contract, in whole or in part or to Lnkc other rar•rective notion Lo achieve compliance, in its dincrctJOn or as directed, by the Government. "c. (The provisions of this paragraph c'shall apply only if the PYA is the Lender.) HoLwiLhstanding arty other provisions of this Contract, in the event the Government. determines that the. Ocmcr is in default of his ob- lignl.ions under 1,110 Contract, Lhe Government Shall have the 01!!111, after notice. 1,0 the (1<711or• and the MIA giving them a rc,nsonable Opportunity to tnl;o cor•roct,lve action, to abatr, or term]ndte. 11011cing ns::intauce pnywits mrd recover overpnyrnegts in nccordnttce with the terms. of the Contract. In the event. 1.110 Government takes any action under thin Section, the Otrncr and 'the PITA hereby expressly agree to recognize the rights of the Government; to 'the snnlr. extent nn if the -action were taken by the PHA. The Goverrunent shall not have the right to terrninnte the Contract except by proceeding in accordance with Section 7..16 (b) of the ACC and pm ograph b of this. Soction." (d) flights of }'IIA if Ocnlcr Defaults Under Contrnet (F,xiainn For Existing Ilousi .' 1'rglects, the Contrnet shall contain Prov i s l ons, : "n. A default by the Oanm• under this Contract shall renult if: "(1) The O,:ner hon violnted or failed to comply rvit.h any provision Of, or obl.igntiou under, this COI1l.Raet or of any i.casc; or "(?) The (hmcr Inns as -cried or dernonstrated nn intenLion not to perform some m• all of tri:; obligation:: under thin (!Ontrncl. Or railer Tiny Lanae. "h. 111)(111 a dr.termirmtiort by the PITA that n dcfnult Iran occurred, the FILA shall ncl.ify LIT(, Ownory with a copy Ln 1.11c Gnvrar.aent, of (1) the n:11.1we of the defaulL, (2) the actions required to be taken nor! Llrc re:nodion to be al"Pli'l on ac"Ount• of the dcfnult (including actionn Ithe (haler to cure the default, and, t.dwro approprinte, nbalement of houn.ing n::Si::Lnnca, pnymenLs in whole or in pert and recovery of ovorpayrnentn), and (3) the time within which the (h:ner slml.). ro.rpond with a showing thnt he has token allthe actions required of him. Tf the Owner fail❑ to respond or ta1:e action to the satisfaction Of the PHA and t.hc Cava rrnacnt•, the PI!It shall hrlve Lhe right in t.er•minaU! 1.111:; fonla•�r.(. in whole n1. :u 11111. or tO t• of -her correcLive no,.;On to neh!eve cc:e,pliallec, in its di; :nc'.ion n1. as directed hi Lite Goverrenont. 7..17. HF7!!iPlliS !1.)'I' 1?Y.CI,IIS1VIi A'!p Cf l!-"1;r1VFH ^P 1!!'.'i?pT1(S. The nvailnbllit;; of my rer,rd:j laovirled for i!; this; L(:G Cl in lh• rrn :17. noL precllul0 t!:e exr•reicC Of ;11:•; (111100 :•01..e:!y under .!.i;• i.":(: 1.,r(:,:r••• ..1..r under a1r;r rovi::irat.- r,' tn:•:, mr• SIL•:11 •rolinn tni:crt in t.hc• r.4*,reiro Of MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FOLLOWING -BEST DOCUMENT AVAILABLE 1 JORM MICROLAB TARGET SERIES FOLLOWING IS _BEST DOCUMENT AVAILABLE 1. i i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IdOR1ES i 1•i •::::•(i;: be dor...., - �� 2.1(!. Ii!'f: ;." I til ..' (1'� r':: :. ,,•lO....... f.. !.. , .. .. ' Of it, o: Orw eto^ t!•. isle Or is enter i any Projavt',•_:1(..ai:.•t. :�r,!•, ... .... "•.:::.. ];. r; •,:. ... ... cies or of ih.•(;.:i•:...: :; ci .!,r ?f:..... situate,!, Or i :.i .i. i'rr,': at, ;)li'! !_e: .f'i !' Of •:.:" ('a'<O:'Ia! ! .i ('! !1:(. :LCs?i: ill , l:a:i llC t]Patr`,:, or a:1� Other 1.1;;,?Ii. Ofi'1::'i::2 •of ::11.'.!1 li•C.^.l i:;l •!.' ]O'�':i• ii'`: '.:'!;O exercine:i a: ;1' 1'i':';:?l:^.::rill:!(•O:• pun; :.i.n:ls '.: I'.! dU]ing ills tor, or &, One :;C.,,,.!'t , . an:: interest, ;ar(:: L O;• indirect. if any such nreso:;t 01.fc•'::;rr :cc•r:br•r, of.^icer, or c: plr:ec o(' thr: PNA, or m:;: ::uch gavel n.i::La; l:::r.,!:er or sue'.: other pub? is c: Cici::1 of : uch i locality 01, locnlities ilwolmand3y acquires o; Itad acnui: cd prior !c Ucginni.n;; of his lcntn'c any such infero(;t, (u:d if such intr.:<!n: i:: i:::: i:';r•]y disclosed to the !"•h+ an(1 such disclosul?• ]s cat^rrd t!,r.su the I:.i llutas: of t!.c ;'!!A, � the P!IA, with tlu• n•' ^ n„ ! aor ;:n;r.ovsl o. t•1.. Go:mn; enL, lmy ,--ivc tir_• :',rchi];itir.: contained in L!:i.. ::ubscctien; Provided, ]:ar:cacr, that, any sucil.;Jfcrtnt officer, m• csplo;;cc of tile 1'ihi not pni-Li.cipato in cr, any r.(:Lien Uy t.l:c cr, gelatin(; to such contract, subcontract, or irran�cmom (b) "le Ii Vi shall insert in all contracts entered into in connection v:]th any Project• or lilt' property includ(rl or planned to be included in tiny Project, mid shnll require its contractors to insort in each of its subcolunax, the folloe:]nt" prevision:: "No mcabe', officer, Or, clnnlgicc of the 1'!!:1, no meWer of go(iovca•n.i n,; body of the. ]ocnlity (city and count;;) inI,l:ich idic project is situatc!i no mmber of the Covernjnj body of t!;c ]ocnlity in whic!) the !TA activated and no other public c:'fie.:irl of such locality 01, locr.litivc who excrci.os any functions or ro:n¢nnih'ilitlor with rom)."-t to the project, dmfs;; his tmlu•c or for one year thereafter; s!,ala Law, any interest, direct or indirect, in this con thorofrom," tract or any prec'ecds or Ucnefit:; uri;:ing i (c) The provisions of'the foregoin^ :njbsoctions (a) and (b) of this Section 2.,18 shall not be app]icable to t.ha Dc•pasitnry Ap.r(•ciaellc, or ucil.iry service the rates for which are fixed m• conlrolled by a 01-lerrnental agency,. 2111, Iiil1'•P£S C? !_:,•:+'t ( 09 ?'r:;?'(;'fF '! C'i::^;:':;:5. Ido 1:'r.::hcr of or d:•]c; ; c to tho co: ;•r;.... of t .r: l r: tc;i t0,;^ coc:::i:sio::cr si:.]? Cc a: ;Lted n o /- ;ic: or ror.:cc:,L beu!•fit.t: v:hicfl ; ! .t ; )•is i,�C or to rrr• MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Official Act -tons Mayor Pro Lem Balmer announced one vacancy on May 15, 1979 the Housing CO -MID. for unexpired term ending 5/1/82, Pale 2 appointment to be made 6/19/79. Moved by deProsse, seconded by PerreL, to appoint Patricia Collins to a three-year term on the Housing Comm., term expiring 5/1/82. Motion carried unanimously, 5/0. Moved by Perret, seconded by Erdahl, to appoint Stephen Lampe to unexpired term ending 10/1/79 on the Committee on Community Needs. Motion carried unanimously, 5/0. City Manager Neal Berlin called attention to the memo from Police Chief Miller in the 5/11 packet regarding the Copper Dollar. Moved by Perret, seconded by deProsse, as recommended by Chief Fuller• to suspend the Class C Liquor License for Copper Dollar, 211 Iowa Ave. be suspended for twelve (12) working days from June 4th, to 16th, iuClusive. Motion carried, 4/I, Erdahl voting 'no'. Moved by deProsse, seconded by Roberts, to adopt RES. 79-205, 8k. 56, p. 686, AUTHORIZING ABANDONED BICYCLE SALE. Affirmative roll call vote unanimous, 5/0, Neuhauser and Vevera absent. Moved by Perret, seconded by Erdahl, to adopt RLS. 79-206, Bk. 56, pp. 687-701, AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT WITH HUD, Sec. 8 Project. Affirmative roll call vote unanimous, 5/0, Neuhauser and Vevera absent. I4oved by deProsse, seconded by Erdahl, to adopt RES. 79-207, Bk. 56, pp. 702-703, ACCEPTING FOUR STOIIMWATER MANAGEMENT PROJECTS. Affirmative roll call vote unanimous, 5/0, Neuhauser & Vevera absent. The following resolutions were adopted regarding the construction of site improvements in the Business Development Inc. Second Addn. under an assessment procedure. Moved by deProsse, seconded by PerreL, to adopt RES. 79-208, Bk. 56, pp. 704- 705, PREL. RESOLUTION FOR CONSTRUCTION OF STREET & SEWER IMPROVEMENTS. Affirmative roll call vote unanimous, 5/0, Neuhauser & Vevera absent. Moved by deProsse, seconded by Perret, to adopt RES. 79- 209, Bk. 56, p. 706, FIXING VALUES OF LOTS. Affirmative roll call vote unanimous, 5/0, Neuhauser and Vevera absent. Moved by deProsse, seconded by Perret, to adopt RES. 79-210, Bk. 56, pp. 707-708, ADOPTING PREL. PLAT & SCHEDULE, EST114ATE OF COST & PROPOSED PLANS & SPECIFICATIONS FOR CONSiR. OF 1979 BDi SECOND ADDN. IMPROVEMENTS. Affirmative roll call vote unanimous, 5/0, Neuhauser & Vevera absent. Moved by Perret, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CERTIFICATE OF RECORDING OFFICER HND -9011 (11-6©) I, Abbie Stolfusthe duly Y appointed, qualified and acting City Clerk of the City of IOI•!a City , do hereby certify that the attached extract from the minutes of the regular meeting of the Iowa City City Council of the City of lowa City, Iowa held on the 15th of May, 1979 1s a true and correct copy of the original minutes of such meeting on file and of ' record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the Beal of said City of Iowa City this 16th day of May ,1979. (SEAL) Ltll -I-e ILL MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r•r o 60:•471 1 IIUD-9012 (11-68) E.(TRACP FROM MINUTES OF MEETING EX" ACP FROM THE MINUTES OF A Regular MEETING OF THE Iowa City Citv Council OF THE City of Iowa City _ HELD ON 'IRE 15th DAY OF May 1979 The City Council of the City of Iowa City met in regular meeting at the Council Chambers of the City Council in the City of Iowa City , Iowa at the place, hour, and date duly established for the holding of such meeting. The Mayor Pro Tem called the meeting to order and on roll call the following answered present; John Balmer Carol W. deProsse Clemens Erdahl David Perret Glenn E. Roberts and the following were absent: Mary C. Neuhauser Robert A. Vevera I i I The Mayor Pro Tem declared a quorum present. 4* t♦• 1♦ 1 A M; M N, i Y 233978-P MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RES The following resolution was introduced by Mayor Pro Tem Balmer ; read in full and considered: "Resolution Authorizing Execution of Annual Contributions Contract" Councilman Perret adopted as introduced and upon roll ca AYES Balmer deProsse Erdahl Perret Roberts The Mayor Pr said resolution adopted There being no fur and seconded, the meet HUD -9014 (11.68) IJS0LU170,N No. 79-206 11I'S01 UI'I0N AUl'J10MZING I-M-Wl'roN OF ANN)AI, (l7Nl'H113111'ItAJS C01yI1tA(:p WlIUI1AS, Lhe C.iLy Wilacil of kava City (herein culled the ,I ca, Authority") proposes to enter into a rovised contract (herein culled the "Annual a)"Ll'ihuLionti G)Iltl'nCL") wit.h thI 1111iLad Stu Les of Alnerica derinccl in Lhe Annual ConLr.ihuLions Contract and which at ally Linz: n(Av or hel""Irtcr is iuu)rporaLed under Lhe Lana; or such Contract. BE 1'1' IUMLVID 13Y 111E 1.02AI, AU111Q111'Y, as I-ol tows: Section 1. The Annual ConLributions Contract in substantially the form of contract hereto attached and niarked "Exhibit A" is hereby approved and accepted both as to fonn and substance and tho Mayor or Mayur Pro T(sn is hereby authoriixsl and dirccL(xl to "x(x:uLl said contract in lam copies on buhair of the local. Authority, and the City Cleric is hereby authorized and directed to impress and sl:CesC the ol'I'icial seal ul the Iix al Authority of I,h Oil Inch such counLel•p:u'C and I:o I'onv;l.rd said cNNUIlAxl counterparts; or :any I"("', to Lh tnrvcrrlmiont Log"LIM' with such oLhcr ducieucilLs evidenciul, the approval :uad :authorizing the execution therm l' as m1y Ix.: rmu.ired by tho (k)vcrlulx:nL. Section 2: 1111e1)evcr the following or any of them, are used in this llesulution, the Sallie, unless the context shall indicate another or different foolows: ing or .inLanC shall be coilstrual, :uld ;u•o intended to have meanings .us foll (1) The Conn "I14SOlution" shall nNJ:ul this Itcsolution. (2) All. other Lenin used in this liesolution and which arc defined in the Annual Contributions Contract shall have the respective Ine:ul"K's ascribed thcroto in thn Annual. Contributions G>Iltr;Lc L. Section 3. This Ilcso]ution shall take effoot inlllmdiat'ely. 1C w:is moved by Perret and seconded by Erdahl that the ilesoluti.on as read Ine adopted and upon roll call there were: AYM: NAYS: AIASIA71% x 13:11mcr x __ x _d(J)rOs..SL Lrdalll x Neuhauser x__ --Perrot x 1bbOrLs _ x Vevel.t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES I • ResuluLion Nu. 79-206 r'4D' 3. i 1",issed :uul approv(41 Lhis 15th day ul' I•lay IJ70. i tiayyPro � ,c—1 m j, cl Ly clr:rh I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Gh:NI{RAL CI•;RTIFICATE 1, Ahbie t;Lrrllu:;, 1)0 II Ii ItI:I4Y Clilt'1'IFY us fql Incas: 1. That 1 am life duly appointecl, qualified, and acting City Clerk of. Lilo Cily of Iowa City (herein call.od the "Loral Agency"). In such capacity, t am custodian of its records and am familiar with its organization, membership, and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created Pursuant to the authority of the Constitution and statutes of the State of Iowa including, particularly, the Act of the Legis- lature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist Without interruption in the performance of its public corporate purposes. 4. That the names and datos of election or appointment, zinc] the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and cf its principal officers are as follows: DATE OF DATE OF COM- DATE OF EXPIRA- 1 ELECTION OR MENCEMENT OF TION OF TERM NAME& OFFICI.. (s) i APPOINTMENT TERM OF OFFICE OF OFFICE Robert A. Vevera Mayor Councilman John Balmer Mayor Pro tem Councilman Carol W. deProsse Councilwoman Clemens Erdahl. Councilman Mary C. Neuhauser Councilwoman David Perrot Councilman Glenn E. Roberts Councilman Neal Berlin City Manager John Hayek City Attorney Abbie stolfus City Clerk 1-2-78 11-8-77 1-2-78 11-4-75 11-4-75 11-8-77 11-4-75 11-4-75 11-8-77 1-14-75 10-2-73 9-1-70 1-2-78 1-2-78 1-2-78 1-2-76 1-2-76 1-2-78 1-2-76 1-2-76 1-2-78 1-14-75 1-2-78 1-2-78 1-2-80 1-2-82 1-2-80 1-2-80 1-2-80 1-2-82 1-2-80 1-2-80 1-2-82 Indefinite 1-2-80 1-2-80 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capa- ci.Cy above designated, and each is the acting officer hold- ing the respective office or offices stated beside his name. G. None of Lhe above-named officers is ineligible to hold or disqualified from holding, under the provisions of appli- cable law, the respective office, specified above, which he holds. Note: A question had arisen as to the status of Council- man Robert Vevera who was elected November, 1975,.and sworn in as Councilman in January, 1976. The City Council has deter- minud not to seek a Declaratory Judgment. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140NIES Page 7. Gnnerrll CucCi.ficaka 7. None of t:hu above-namccl Cowu ilia rsoli:; is nn oFficur or mnployuc ol. the Ci Ly of Iowa City, Iowa. See note to Item 6. 8. Since January 3, 1978, there have been no changes in or amendments to the charter, by-1.1ws, ordinances, rc:;olutionn, or proceedings of the Local Agency with respect to: (a) The time and place of an other provisions con - Corning regular meetings of the Local Agency; (b) The provisions concerning the calling and hold- ing of special meetings of the Local Agency and thu business which may be taken tip at such meetings; (c) The requiremenLs concerning a quorum; (d) The manner in which the charter or by-laws of ILocal Agency may be amended; II (e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or oLhcr measures, relating to the approval and execution of con- tracts and the authorizatlon, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency: (f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other ob.licga- tions of the Local. Agency; j (g) The office of the Local Agency; or. (h) The seal of the Local Agency; On January 2, 1976, the City Council adopted a home Rule Charter for the City of: Iowa City, Iowa. Said Charter was passed according and pursuant to Statelaw. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 16th day of May , 19 79 r „ 7 Abbic Stolt (SEAL) City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140RIE5 AGREEMENTS/CONTRACTS Attached are Z. unexecuted copies of r141.itiii/t 71-Z, as signed by the Mayor. After} their execution by the second party, please route 2) ��VD 3) 4) 5) I completion'of document 'fro Abbie Stolfus, City Clerk RESOLUTION N0. 79-207 RESOLUTION ACCEPTING THE MURK AS DONE BY HIGHWAY CONTRACTORS, INC. FOR FOUR STORM WATER MANAGE- MENT PROJECTS IN RALSTON CREEK WHEREAS, the Engineering Department has recommended that the im- provement covering the Four Storm Water Management Projects in Ralston Creek as included in a contract between the City of Iowa City and Highway Contractors, Inc. of Burlington, Iowa j dated September 30. 1477 , be accepted, i ! AND WHEREAS, the Council finds the improvement is in place and does I comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by deProsse and seconded by Erdahl that the resolution as read be adoptFcF, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x _ ERDAHL x _ NEUHAUSER x PERRET x _ ROBERTS x VEVERA x { Passed and approved this 15th day of May , 19 79. I Mayb r Pro !T2 i ATTEST: �)//Iy(. r City Clerk I RYceivrd u Approvad i By The Lcgal Dcpmr4:ncnt I 7 7s MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ENGINEER'S REPORT April 19, 1979 To The Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the four Storm Water Man- agement Projects have been completed in substantial accordance with the plans and specifications as prepared by Shoemaker/Haaland Associates of Coralville, Iowa. The contractor, Highway Contractors Incorporated, Burlington, Iowa, has filed the required maintenance bond with the City Clerk's office. I hereby recommend that the improvements be accepted by the City of Iowa City, Iowa. I would advise you that the contractor has several material suppliers that have submitted claims on the project. In fact, 11 suppliers have submitted claims to the City for a total of approximately $25,000. The proper procedure is for the City of Iowa City to accept the project which begins the 30 day waiting period for release of the final 10% of the project construction costs. We are only holding approximately $11,000 as a retainer for this project. However, we will not release the final 10% until we have received lien waivers from the contractor for all outstanding debts. The outline of the method to accept improvement projects is very clearly delineated in the State Code of Iowa. Even though the contractor has not fulfilled several of his obligations to material suppliers, he has in fact completed the agreement with the City of Iowa City. I will notify each of the material suppliers that have filed claims with the City upon Council acceptance of the project. They may at that time proceed with litigation against the contractor at their discretion. Respe ully �submitted, ' v ;j Eugene A. Dietz, P.€€te City Engineer jm4/9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CiG-3-1-79 COMPLETE & RETURN TO MR. HAYNIE CERTIFICATE STATE OF IOWA ) SS. COUNTY OF JCIF3NSLlr1 ) I, the undersigned City Clerk of Iowa City Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of sal.A Municipality hereto affixed this /lea day of ?'Wd4f., 19 79. SEAL - A&Z-:5�Z-14 Clerk of the City o• Iowa City , Iowa AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYER9. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L Check List and Instructions Concerning the Requirements of House File 2074 (Chapter 28A, Code of Iowa, 1977, as Amended) Effective With Respect to All Meetings by Governmental Bodies Held on and After January 1, 1979 Effective January 1, 1979, all governmental bodies including boards, councils, commissions and other governing bodies expressly created by the statutes of the State of Iowa or by executive order and boards, councils, commissions and other bodies of a political subdivision or tax support district must comply with House File 2074 relating to the holding of meetings by governmental bodies in open session. Following are the key requirements of the act: 1. Minutes of all meetings must be kept showing the date, time and place, the members present and the action taken. The minutes shall show the results of each vote taken and the vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection. 2. Advance notice of the time, date and place of each meeting and its tentative agenda must be given in a manner reasonably calculated to apprise the public of that information. The statute provides that reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting or if no such office exists, at the building in which the meeting is to be held. 3. Unless for good cause it is impossible or impractical, the notice must be given at least 24 hours prior to the commencement of any meeting. If 24 hours notice is not possible or practical, as much notice as is reasonably possible must be given. 4. Each meeting must be held at a place reasonably accessible to the public and at a time reasonably convenient to the public unless for good cause such a place or time.is impossible or_impractical. 5. When it is necessary to hold a meeting on less than 24 hours notice or at a place that is not reasonably accessible to the public or at a time that is not reasonably convenient to the public, the nature of the good 'cause justifying that departure from the normal requirements shall be stated in the minutes. (continued over) -1- AHLERS. COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO RIES n FRl 6. If another section of the Code of Iowa requires the manner of giving specific notice of a meeting, hearing or an intent to take action by a governmental body, compliance with that section shall constitute compliance with the requirements of the open meetings law. 7. A governmental body may hold a closed session only by affirmative public vote of either 2/3 of the members of the body or all of the members present at the meeting and only to the extent and for the reasons set out in Section 6 of the act. 50M A HLERS. COONEY. DORWEILER, HAYNIEo SMITH. LAWYEPS, DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110INES i Council Member deProsse introduced the following Resolution and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, deProsse Erdahl Perret, Roberts NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: j Resolution No. 79-208 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET AND SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that portland cement concrete paving, sanitary sewer and storm sewer be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct portland cement concrete paving, sanitary sewer and storm sewer, as - hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be,as follows: The proposed site improvements consist of constructing a reinforced concrete box culvert, storm sewer, sanitary sewer, 1 1 I -2- AM LERS, 2-AMLERS, COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA q76 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES water main, portland cement concrete paving, modificiations to the existing lift station, and sanitary force main, together with the required grading and related work on the following street: Heinz Road extended from the end of existing pavement (South line of Lot No. 6) Northwesterly 780 feet. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES Subdivision C. That Shive-Hattery & Associates of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk'prelimi- nary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: Lot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 16, Page 79, except all that area described as Lot No. 1, BDI Third Addition, as recorded in Johnson County Recorder's Office, Plat Bopok 17, Page 83. a 9 j Subdivision E. The said improvement shall be designated as the "1979 BDI Second Addition Improvements", and such name 9j shall be a sufficient designation to refer to said improvement in all subsequent proceedings. 6 n s lrffZ dayof1979. PASSED AND APP7110ybr 4 �/�.-,(/(. Li�%>•r/L-A-r-fit_' AT EST: Pro Ran C1 e k -3- � I 1 AHLCRS,GOONEY, DORWEILER, HAYN IESSMITH, LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES Council Member deProsse introduced the following Resolution and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: deProsse, Erdahl, Perret, Roberts, Balmer NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 79-209 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the 1979 BDI Second Addition Improvements, said valuation being set forth in a preliminary schedule entitled "Preliminary Assessment Schedule", under the column therein headed "Council Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boun- daries of said improvements and the Clerk is hereby directed P, to forthwith deliver the same to Shive-Hattery & Associates, the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which are to be prepared and filed with this Council. 4 PASSED AND APPROVED, this 15thday of May , 1979. —4a or Pro,tem a ATTEST: J tieILL Clerk d -9- i i ANLER6. COONEY. DORWEILER, HAYNIE S SMITH, LAWYERS, DEB MOINEG, IOWA 977 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES j Council Member deProsse introduced the following Resolution and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Perret, Roberts, Balmer, deProsse NAYS: none Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 79-210 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS I WHEREAS, this Council has caused to be prepared prelimi- nary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the 1979 BDI Second Addition Improvements, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the -5- AHLERS. GOONEY. DORWEILER• HAYNIE O SMITH. LAWYERS• Des MOINES. IOWA i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I401NEs �1 Engineer's plat, be and the same are hereby fixed as the boun- daries for said 1979 BDI Second Addition Imprrovements. PASSED AND APPROVED, this 7SdL day of , 1979. -rte/ yor Pro. tem Al/TTT/�/EAST: , A _Z Cl er- -6- AHLERS, COONEY. DORWEILCR. HAYNIE S SMITH. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 1 i Council Member Perret introduced the following Resolution entitled "RESOLUTION OF NECESSITY" and moved that it be proposed. Council Member deProsse seconded the motion. The matter was discussed and the roll being called, the vote was, AYES: Perret, Roberts, Balmer, deProsse, Erdahl I i NAYS: none MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES n Whereupon, the Mayor declared the motion adopted and the resolution to have been introduced and proposed as follows: Resolution No. 79-211 RESOLUTION OF IIECESSITY WHEREAS,.preliminary plans and specifications and plat - I and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the 1979 BDI Second Addition Improvements, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOL\ED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the 1979 HDI Second Addition Improvements, in Iowa City, Iowa. Said district containing the properties to be assessed is a , i set out and described as follows: I _ -7- 7-AMLERS. A HLERS.COONEY, DORW EILER, HAYN IE & SMITH. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES n Lot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 16, Page 79, except all that area described as Lot No. 1, BDI Third Addition, as recorded in Johnson County Recorder's Office, Plat Bopok 17, Page 83. Said improvements within said District are located and described as follows: The proposed site improvements consist of constructing a reinforced concrete box culvert, storm sewer, sanitary sewer, water main, portland cement concrete paving, modificiations to the existing lift station, and sanitary force main, together with the required grading and related work on the following street: Heinz Road extended from the end of existing pavement (South line of Lot No. 6) Northwesterly 780 feet. The method of construction shall be by contract. Costs of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall be assessed more than it is benefited by•the improvements nor more than 25% of its value on the date of its assessment.Said assessment may include a ten percent Default and Def5ciency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Street Improvement Bonds issued against assessments on benefited properties and the AHLERS• COONEY. DORWEILER• HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES t101NES total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that property owners subject to assessment have waived all objections pertaining to the regu- larity of the proceedings and the legality of using special assessment procedure and have waived hearing and notice on this Resolution of Necessity, which waivers are hereby approved. APP OVED AND PROPOSED at a meeting held on the /S /L day of 1979. If ATTEST: ' =M" - 1z Clerk AHLERS, COONEY. DORWEILER. HAYNIE A SMITH. LAWYER$. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i Council Member Perret introduced the following Resolution entitled "RESOLUTION OF NECESSITY" and moved that it be proposed. Council Member deProsse seconded the motion. The matter was discussed and the roll being called, the vote was, AYES: Perret, Roberts, Balmer, deProsse, Erdahl' NAYS: None Whereupon, the Mayor declared the motion adopted and the resolution to have been introduced and proposed as follows: i Resolution No. 79-211 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an.estimate.of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the 1979 BDI Second Addition Improvements, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the 1979 BDI Second Addition Improvements, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described as follows: A -7- AHLERS. COONEY. DORW EILER. HAYNIE! SMITH. LAWYERS. DES MOINES. IOWA 977 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ;� Lot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 16, Page 79, except all that area described as Lot No. 1, BDI Third Addition, as recorded in Johnson County Recorder's Office, Plat Bopok 17, Page 83. Said improvements within said District are located and described as follows: AHLERS. COONEY. DORWEILCR. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DFS MOINES The proposed site improvements consist of constructing a reinforced concrete box culvert, storm sewer, sanitary sewer, water main, Portland cement concrete paving, modificiations to the existing lift station, and sanitary force main, together with the required grading and related work on the following street: Heinz Road extended from the end of existing pavement (South line of Lot No. 6) Northwesterly 780 feet. The method of construction shall be by contract. Costs .of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 253 of its value on the date of its assessment.Said assevsment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Street Improvement Bonds issued against assessments on benefited properties and the i 1 r ( I ! AHLERS. COONEY. DORWEILCR. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DFS MOINES total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that property owners subject to assessment have waived all objections pertaining to the regu— larity of the proceedings and the legality of using special assessment procedure and have waived hearing and notice on this Resolution of Necessity, which waivers are hereby approved. APP VED AND PROPOSED at a meeting held on the /.5"24 day of 1979. y r pro ter, ATTEST: Clerk N -9- AHLERS, COONEY. DORWEILER. HAYNIE &SMITH. LAWYERS, DES MOINES. IOWA II1CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES RESOLUTION NO. 79-212 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF 1979 RDI Second Addition Improvements DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of .cost for the construction of the above-named project is to be held on the 29thday of May 19 79 at 7:30 P.M. in the Council , , Chambers, Civic Center, Iowa City, Iowa. 2, That the City Clark is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: ) } AYES: NAYS: ABSENT: x Balmer x deProsse 9 a x Erdahl _ x Neuhauser x Perret x Roberts _ x Vevera i Passed and approved this 15th day of May 19 79 j _7 MayorATTEST:City awjt�� o HE CEIK'O 4 i?FRD(� Clerk BY 1:0, LFA;AI, DIVA1 1W 00 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-213 ! RESOLUTION 'APPROVING PRRLIMINARY PLANS,SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF 1979 BD 1. Second Addition I I ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- I ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $15,000.00 payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk in hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt I of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, ' until 10:00 A.M. on the 6th day of June 1979. Thereafter, the bids will be opened by the�iry Engineer and thereupon referred to the Council of the City of Iowa City, Iowa, for action said bids at its next meeting to be held at the Council Chambers, Civic Center, IowwaoCity, h Iowa, at 7:30_ P.M.1_ on the 12th day of June lg 79 , i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES Page 2 Resolution No. 79-213 It was moved by deRrosse and seconded by Erdahl that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: --x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 15th day of May , 1979. MAYOR pro iem ATTEST: CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES hIOIaES RECEIVED S /'7710 .:J BY THE LG;/L DyPIVXUT �a Honorable Mayor and City Council Iowa City, Iowa 52240 Please take note that the undersigned certify and warrant that they are all of the owners and lienholders of the pro- perty described in the attached Resolution of Necessity as the district benefited and to be specially assessed for the construction of improvements designated as 1979 BDT Second Addition Improvements in Iowa City, Iowa. Pursuant to Section 384.41, City Code of Iowa, the undersigned petition for said improvements and waive any hearing or notice to property owners by publication or otherwise with respect to said pro- ject, the hearing on the Resolution of Necessity, the plat and schedule of assessments and all matters pertaining thereto and request consent to the adoption of the attached Resolution of Necessityi and the taking of such other action as the City Council may deem proper in connection therewith. Each lienholder designated below, by execution hereof, agrees and consents that its lien or liens against the pro- perty to be assessed shall be surbordinated to the lien of special assessments levied for the improvements described in the attached Resolution of Necessity. Signature of Property Owner Business Develop de , Inc. y b —7� President (y Signature of Lienholders Name: A:�1'EY[ deli- :v�n,X_ by ..:/, -;;'... J. (,title) by �� Nam ! T NATIONAL BAN I(, IOWA CIIY, AIWA by o (title) a L� vire i -gym yarn! (rry 1 !? 1117) ADNE STOL.FUS, CPUC CITY CLERK (3) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Ido RIES L__ i� RESOLUTION NO. 79-214 RESOLUTION ACCEPTING THE WORK FOR TRANSIT BARN VENTILATION PROJECT AS DONE BY UNIVERSAL CLIMATE CONTROL, INC. WHEREAS, the Engineering Department has recamended that the im- provement covering the Transit Barn Ventilation Project as included in a contract between the City of Iowa City and Universal Climate Control of Iowa City, Iowa dated August 17, 1978 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by deProsse that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: ' BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this of May , 1979. Ma r crff ATTEST: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Received A Approved By The Legai Depart=nt 982 MICROFILMED BY JORM MICROLAB CEDAP PARI DS•1)I 'tJIA[.