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HomeMy WebLinkAbout1979-06-12 OrdinanceORDINANCE NO. AN ORDINANCE ESTABLISHING A USER CHARGE SYSTEM IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, TO PROVIDE FUNDS NEEDED TO PAY FOR ALL EXPENSES ASSOCIATED WITH THE CITY'S WASTEWATER TREATMENT WORKS. WHEREAS, the City of Iowa City, Iowa, has constructed wastewater treatment works; and WHEREAS, the City must pay all expenses associated with said treatment works and charge the users of said treatment works accordingly; NOW, THEREFORE, BE IT ORDAINED BY THE City Council of the City of Iowa City, Iowa, that the following user charge system be established: ARTICLE I It is determined and declared to be necessary and conducive to the I welfare and convenience of the City to collect health, users who contribute wastewater I to the City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and j retiring the debt for such public wastewater treatment works. ARTICLE II Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: Section 1: "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of i organic matter under standard laboratory procedure in five (5) days at 20'C, expressed in milligrams per liter (mg/1). i Section 2: "Normal Domestic Wastewater" shall mean wastewater that has a BOD concentration of not more than solids concentration of not more than m9/1; a suspended i of to mg l ; a Ph in the range not more than mg 11 of petroleum oil, non - biodegradable cutting oils or products of mineral oil; and not exceeding_ mg/l of oil or grease of animal or vegetable origin. i Section 3: "Operation and Maintenance" shall mean all expenditures dur ng the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed. 1196 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ORDINANCE NO.,!"") PAGE 2 Section 4: "Replacement" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement. Section 5: "Residential Contributor" shall mean any contributor to the City s treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only. Section 6: "Shall" is mandatory; "May" is permissive. Section 7: "SS" (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. Section 8: "Treatment Works" shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extension improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems. Section 9: "Useful Life" shall mean the estimated period during which a treatment works will be operated. Section 10: "User Charge" shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the treatment works. Section 11: "Water Meter" shall mean a water volume measuring and recording device, furnished and installed by the City of Iowa City. ARTICLE III Section 1: The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and payment of principal and interest and the bond and interest reserve fund. The portion of the total user charge which MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101REs ORDINANCE NO. ' 1 PAGE 3 is designated for operation and maintenance including replacement of the treatment works shall be established by ordinance. Section 2: Revenues into Special Fund. The revenues of the Municipal Sewage Disposal Works and Facilities are to be set aside as received into a separate special fund and paid each month into the various separate funds created by the bond ordinance. Such payments are to be made on the first day of each month in the amounts and in the order listed herein. Operation and Maintenance Fund. There shall be paid into this fund an amount which with any unexpended balance therein is sufficient to pay the expenses of operating and maintaining said works and facilities for the current month. After said first day of the month further payments may be made into said fund from the "Sewer Revenue Fund," but only if and to the extent necessary to pay such operation and maintenance expenses actually accrued and payable and to the extent that funds for such purpose are not then available. This fund will be budgeted annually by the City Council. ' Sewer Revenue Bond Sinking Fund. Next, there shall be set aside from the net earnings a sufficient portion to pay the I interest on and principal of all of the bonds outstanding as the same become due and for that purpose the ordinance provides that there shall be set aside into the Sinking Fund on the first day of each month a sum equal to 1/10 of the principal of all bonds maturing on the next succeeding January 1 and 1/5 of the interest due on the next succeeding interest payment date ` until the amounts so set aside are equal to such principal and interest, respectively. The Sinking Fund is to be used only for the purpose of paying interest and principal on the bonds of this issue and any parity bonds, and if in any month the full amount is not paid, then the deficiency shall be made up from the net earnings next available. Bond and Interest Reserve Fund. After the monthly payments into the Sinking Fund, there shall be next set aside into this fund from the net earnings the sum of $1,000 on the first day of each month as long as any of the bonds are outstanding. Money credited to the Reserve Fund shall be used only for the Payment of principal of and interest on the bonds and parity bonds whenever for any reason the funds on deposit in the Sinking Fund are insufficient to pay such principal or interest when due. It is further provided that at any time there is an excess in the Reserve Fund over and above the maximum amount of principal and interest to become due in any fiscal year thereafter on the outstanding bonds and parity bonds such excess may be used to purchase or call any of the then outstanding bonds at not exceeding par and accrued interest, or may be transferred by the City Council to the Depreciation, Extension and Improvement Fund. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MORTES ORDINANCE NO. PAGE 4 Depreciation, Extension and Improvement Fund. After making the foregoing payments, from the balance of the net earnings there shall be paid into this fund the sum of $2,000 each month, or such higher amounts as the City Council may fix from time to time. Monies in this fund shall be used only to pay any extraordinary costs of maintaining sewage works and facilities and to pay the cost of constructing improvements and extensions. In any event, the monies on deposit in the Depreciation Fund must be transferred to the Sinking Fund whenever necessary to prevent or remedy any default in the payment of interest on or principal of these bonds or parity bonds, and must be transferred to the Reserve Fund whenever there is any deficiency in that fund. Surplus Funds. Any excess after foregoing payments in any year i may be used within the system or for any purpose lawfully directed by the City Council. ARTICLE IV Section 1: Each user shall pay for the services provided by the City based on his/her use of the treatment works as determined by water meter(s) acceptable to the City. Section 2: User charges shall be based on actual water used during the current month. If actual water use is not available, the user ' charge will be based on prior monthly water usage. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained at the contributor's expense, and in a manner acceptable to the City. Section 3: The minimum charge per month shall be $In addition, each contributor shall pay a user charge rate for operation and maintenance including replacement of $ per 100 cubic feet of water (or wastewater) as determined in the preceding section and an additional $ per 100 cubic feet of water (or wastewater) for debt retirement. Section 4: For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is: $ per pound B00 $ per pound SS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES ORDINANCE NO. ' PAGE 5 per pound Other Pollutant(s) (Specify) Section 5: Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes maintenance, or preplacemenable t ases � of thetrea mentn the cworks ost �shallepay �for such increased costs. The charge to each such user shall be as determined by the Director of Public Works and approved by the City Council by resolution. Section 6: The user charge rates established in this article apply T_—_ o all users, regardless of their location, of the City's treatment works. Section 7: Water not discharged into system. If any user of water consumes water for any purpose which does not cause discharge into the sanitary sewer system, and if approved by the City and as established by a separate water meter installed and maintained by such user, the consumption of such water can be determined, no charge shall be made on the basis of water so supplied. Residential contributors shall not be allowed this option. Section 8: Water discharged into system from private source. If any person shall discharge water into the city sanitary sewer system from private wells or other sources other than the city water system, the city shall have the right to install a meter at the owner's expense to measure such flow or to use whatever means are satisfactory to the owner and the city to measure such flow for the purpose of determining sewage treatment charges. Section 1: All users shall particular period shall be that period. Payments are payment not received withi shall be delinquent. ARTICLE V be billed bi-monthly. Billings for any made within thirty days after the end of due when the billings are made. Any I thirty days after the billing is made Section 2: In the event that a user fails to pay his bill for sewage treatment system service beyond such user's second regular billing period, such charges may be certified by the City Council and assessed against the property connected with the sewage disposal system and forwarded to the County Auditor for collection in the same manner as a property tax. ARTICLE VI Section 1: The City shall review the user charge years and revise user charge rates as necessary to system generates adequate revenues to pay the costs maintenance including replacement, payment of interest and the bond and interest reserve fund, an dsystem every two ensure that the of operation and principal and that the system MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ORDINANCE NO. PAGE 6 continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. Before any ordinance is enacted to fix rates to be charged under this division, a public hearing on the proposed change shall be held by the City Council. Section 2: The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works. ARTICLE VII Section 9.60.3 of the Municipal Code and all other Ordinances or parts of Ordinances in conflict with this Ordinance, are hereby repealed. ARTICLE VIII If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, Provision or part thereof not adjudged invalid or unconstitutional. I ARTICLE IX This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by and seconded by that the Ordinance as read be finally adopted and Upon roll call there were: AYES: NAYS: ABSENT: — BALMER dePROSSE EROAHL NEUHAUSER PERRET -- ROBERTS — VEVERA First consideration Vote for passage: Second consideration Vote for passage: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES ORDINANCE NO. �. PAGE 7 Date of Publication Passed and approved this day of MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S 110114ES 1979. I APPENDIX "A" TO USER CHARGE ORDINANCE This appendix presents the methodology to be used in calculating user charge rates and surcharges and illustrates the calculations followed in arriving at the first year's user charges and surcharges. The unit costs established in this appendix are based on estimates of expenses and loadings. The actual expenses and loadings that occur may differ from these estimates and certainly they will change as time passes. Therefore, the unit costs must be reestablished whenever necessary to reflect actual expenses and loadings. Once the system is in use, the expenses and loadings can be determined from operating records and the unit costs can be adjusted based on these figures. 1. Expenses: The total annual expenses associated with the treatment works, as defined in Article II, Section 8, are estimated as follows: Item Billing and Collection Annual Expense Administrative Power Labor (including fringe benefits) Commodities Services and Charges Replacement Costs I Debt Service TOTAL 2. Allocation of Expenses: The total operation and maintenance including replacement expense is allocated to the appropriate i pollutants in the following manner. Annual $ to Treat Annual Flow = % annual cost allocated to flow x I (total annual 0&M budget minus billing & collection) Annual $ to Treat Annual BOD = % annual cost allocated to BOD x (total annual O&M budget minus I billing & collection) Annual $ to Treat Annual SS = % annual cost allocated to SS x (total annual O&M budget minus billing & collection) Annual $ to Treat Annual iOther Pollutant = % annual cost allocated to pollu- tant x (total annual O&M budget I minus billing & collection) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES 2 3. Loadings: I The initial hydraulic loading is estimated to be _ gal/year. IJ The initial BOD loading is estimated to be _ pounds/year. i j The initial SS loading is estimated to be _ pounds/year. The initial other pollutant loadings is estimated to be pounds/year. 4. Unit costs: Initial unit cost for flow in $/cu. ft. = annual $ to treat annual flow Estimated annual hydraulic loading Initial unit cost for BOD in $/pound = annual $ to treat annual BOD Estimated annual BOD loading Initial unit cost for SS in $/pound = annual $ to treat annual SS Estimated annual SS loading i Initial unit cost for other.= annual $ to treat other annual pollutants pollutants in $/pound Estimated annual other pollutant loading The unit costs for BOD, SS and Other Pollutants are to be inserted in Article IV, Section 4, of the ordinance. ' 5. Minimum Charge: Debt Service = $ j Annual billing and collection cost = $ Annual cost to treat infiltration/inflow (assumed clear water) = unit cost to treat flow x annual infiltration/inflow = $ TOTAL Annual Minimum Cost = $ Minimum Charge/User/Billing Period = $ This minimum charge/user/billing period is to be inserted in Article IV, Section 3, of the ordinance. 6. Residential User Unit Charge: The residential user unit charge is calculated as follows using the pollutant concentrations defining normal domestic wastewater in Article II, Section 2, of this ordinance. MICROFILMED BY JORM MICROLAB CEDAR RA MS•OCS MOIRES 3 Residential unit charge = unit flow charge + (unit BOD charge)(BODND)(.0834) + (unit SS charge)(SSNO)(.0834) where: Residential unit charge is in $/100 C.F. Unit flow charge is in $/100 C.F. from paragraph 4 Unit BOD charge is in $/lb BOD from paragraph 4 Unit SS charge is in $/lb SS from paragraph 4 BOD is the normal domestic 800 strength in milligrams PUP liter (mg/1) as defined in Article II, Section 2, j of the ordinance , SS is the normal domestic SS strength in mg/1 as defined �R Article II, Section 2, of the ordinance and .0834 is a unit conversion factor. j This total residential unit charge is to be inserted in Article IV, Section 3, of the ordinance. An example calculation of a residential charge for a resident of the City of Iowa City follows: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ,.,11 4 7. Extra Strength Users: For users who contribute wastewater that has greater strength than normal domestic wastewater, the user charge will be calculated as follows: Total monthly charge to extra strength user = charge to residential user + surcharge for BOD (if appropriate) + surcharge for SS (if appropriate) + surcharge for other pollutant (if appropriate). Total monthly charge to extra strength user = minimum charge +v(residential unit charge) +v(unit 800 charge)(BODES - SODND)(.0834) +v(unit SS charge)(SSES - SSND)(.0834) + and so on for any other appropriate pollutant(s)* *Users discharging outside the Normal Domestic strengths for Ph, grease, and oils will have extra strength charges computed in the manner prescribed in Article IV, Section 5. where: Total monthly charge to extra strength user is in dollars Minimum charge is in dollars as calculated in paragraph 5 v is the volume of wastewater in 100 cubic feet discharged by the extra strength user during the month Residential unit charge is in $/100 C.F. as calculated in paragraph 6 Unit BOD charge is in $/lb BOD from paragraph 4 Unit SS charge is in $/lb SS from paragraph 4 BOD is the average BOD concentration in milligrams per litR (mg/1) contributed by the extra strength user during the month SSE is the average 55 concentration in mg/1 contributed by &e extra strength user during the month 600 is the normal domestic BOD strength in mg/1 as defYRed in Article II, Section 2, of the ordinance SS is the normal domestic SS strength in mg/1 as defined inNRrticle II, Section 2, of the ordinance and .0834 is a unit conversion factor. 11% IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 5 An example user charge calculation for an extra strength user of the Iowa City treatment works follows: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES APPENDIX B TO USER CHARGE ORDINANCE This appendix contains a replacement schedule that was developed to determine the amount of revenue needed to fund the Depreciation, Extension and Improvement Fund. The replacement schedule lists the equipment in the treatment works, the estimated dates when the equipment will have to be replaced, and the estimated cost of replacement works. Also listed is the estimated cash flow that will occur in the Replacement Account. The replacement dates and costs shown are estimates; the actual replacement dates and costs could be significantly different from those shown. If the actual replacement expenses differ significantly from those listed in the replacement schedule, the funding of the Depreciation, Extension and Improvement Fund Account shall be adjusted accordingly. REPLACEMENT SCHEDULE Years From Treatment Works In Operation Re lacement Account Replacement Item xpenditure ncomeBalance 611CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES June 12 , 1979 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers at the Civic Center, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Robert�Vevera , in the chair, and the following named Council Me ers: John R. Balmer, Clemens Erdahl Mary C Neuhauser, David Perret, Glenn E. Roberts, Robert A Vevera Absent: Carol W. deProsse i j I AHLERS, COONEY. DORWEILER, HAYNIE& SMITH. LAWYERS. DES MOINES. IOWA lia7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES Council Member Perret introduced the following Resolution entitled "RESOLUTION OF NECESSITY" and moved that it be proposed. Council Member Erdahl seconded the motion. The matter was discussed and the roll being called, the vote was, AYES: j RobQrts. Vey ra Ralmar c 11,1 Nouhal�— I I Perret NAYS: none Absent: Erdahl Whereupon, the Mayor declared the motion adopted and the 4 resolution to have been introduced and proposed as follows: Res. No. 79-249 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, f I containing the properties and lots to be assessed, locations I 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 i construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. AMLERS. COONEY. OORWEILER. HAYNIEA$MITM. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES W The method of construction shall be by contract. Costs of said improvements will be assessed to the pro- perties within the boundaries of the district. shall be assessed more than it is benefited b nents nor more than 258 of its value on the date Noproperty pits erty assessment. Said assessment may include a ten the improve - Default and Deficiency Fund, as authorized by Section 384.44, Percent 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 a cash payments made b mount which is derived from collection period and thepsale ofnStreet ers rImprovementthe rBondsy totalissued costagainst theassessments improvementsf shat benefited properties and the proceeds derived from the issuanceaandbe paid or fromds the authorized b such other fundscti of o said gMunicipa.25 litode Of Iowa for such anally from Purpose. Y as may be legally used iBE IT FURTHER RESOLVED, that this Council meet at of �9 o'clock p, M- 1979, >n the Council Chambers inon ethe vidcyCenter,n�e' I purpose of hearin interested g property owners subject to assessment and the rested Parties for or against the improvement, its cost, or the boundaries of the district. Unless a owner thissresolutionsoflth the necessityerk at the time of deemed to have waived all objections Y, he shall be egu- larity of the proceedings and the legality of to the rial assessment procedure. Y of usin Special pecial iBE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be required by law of published and mailed as the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements- said Notice to be substantially the following form: in 1 AMLERS, COONEY, DORWEILER HAYNIE 6 SMITH. LAWYERS DES MOINES, IOWA IIICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES 1401IIES a (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an esti- mate of costs and plat and schedule showing the amounts pro- posed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a street improvement, designated as the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), of the types and in the location as follows: i (Iowa City - 1979 Street Improvements - Tanglewood Street - Ventura Avenue) TANGLEWOOD STREET - From 259.16 feet south Of Ventura Avenue to 180 feet north of Ventura Avenue. Paving to be seven (7) inch thick concrete, twenty-five (25) feet wide.with integral curb. VENTURA AVENUE - From Tanglewood Street west I to Dubuque Street. Paving to be seven (7) inch thick concrete, twenty-five (25) feet I wide with integral curb. i That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: (Iowa City - 1979 Street Improvements - Tanglewood Street - Ventura Avenue) All property included within the areas described so as to include one-half of the privately owned property between each such street improved and the next street, whether such privately owned property abuts upon the improved street or not. ] In no case shall property situated more than 300 feet from the improved street be J assessed. I The Council will meet at 7:30 o'clock P. M., on the 3rd day of July , 1979, at the Council Chambers in the Civic Center, I— ow— a y, Iowa, at which time the owners of property subject to assessment for the proposed improve- AHLERS. COONEY, DORWEILER. HAYNIE a SMITH. LAWYERS, DEO MOINES. IOWA FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401RES ments, or any other person having an interest in the matter Tay appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the final assessment against any lot, tract or parcel of land, or the owner willtbenof a deemedRto°have°waivedeallsity. Aobje ipropertyunless the time of Nearing he has filed objections with the Clerk. objections unless at This Notice is given by authority of the Council Of the City of Iowa City, Iowa, lerk of Iowa 1ty, Iowa (END OF NOTICE) ANLERS. COONEY. DORWEILER. HAYNIEA SMITH, LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES APPROVED AND PROPOSED at the meeting held on the 12th 3 day of June , 1979. x Mayor ATTEST: i Clerk AHLERS. CCOONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DEB MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I401NES Council Member Balmer introduced the following Resolution entitled "RESOLUTION DIRECTING ENGINEER TO PREPARE DETAILED PLANS AND SPECIFICATIONS AND DIRECTING ATTORNEY TO PREPARE FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE 1979 STREET IMPROVEMENTS (TANGLEWOOD STREET - VENTURA AVENUE)" and moved that it be adopted. Council Member Roberts seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, Neuhauser, Perret, Roberts NAYS: none Whereupon, theeMayor declared the following Resolution duly adopted: Res. No. 79-250 RESOLUTION DIRECTING ENGINEER TO PREPARE DETAILED PLANS AND SPECIFICATIONS AND DIRECTING ATTORNEY TO PREPARE FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE 1979 STREET IMPROVEMENTS (TANGLEWOOD STREET - VENTURA AVENUE) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That Eugene A. Dietz, P.E. (City Engineer) is hereby ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue). BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue). PASSED AND APPROVED this 12th day of June , 1979. Mayor u Attes : City Clerk A HLERS, COONEY• DORWEILER• HAYNIE& SMITH, LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES W City of Iowa City MEMORANDUM Date: June 6, 1979 To: City Council From: Eugene A. Dietz, City Engineer w�_' Re: Tanglewood/Ventura Special Assessment Project Attached for your information is a copy of a letter which was sent to Mr. and Mrs. Jensen who reside at 2050 N. Dubuque Street and are prop- erty owners affected by the Tangleassessment wood/Ventura special Project. At an informal Council meeting several weeks ago, Council asked that staff try to work out an arrangement with Mr. and Mrs. Jensen regarding their assessment. This letter was an attempt to do so. As you can see from the attached letter, the assessment was reduced from $9,049.62 to $6,370.00. This represents a reduction of approximately 30%. On May 31, the City Manager and I met with Mr. and Mrs. Jensen in their home to discuss this letter. Although they agreed that the information contained in the letter was possible, and that in the long run may be desirable, they felt that they would never subdivide their property and theiwould assessmentsee no efor thisfit to projectis shouldbezero enother words, they feel that The end result of the letter and subsequent discussion with Mr. and Mrs. Jensen is that no compromise resulting in any special assessment what- ever can be obtained. The burden of this judgment will now rest with the City Council to determine the ultimate assessment for this project. As discussed in prior memos, you have the right and authority to levy an assessment for the original amount of $9,049,62 or the reduced assess- ment at $6,370.00, a zero assessment, or anything in between. The Council agenda for June 12 contains an item setting a public hearing for this project on July 3, 1979. At that meeting, you will be asked to provide an answer to this question and set assessment for the Jensen property. In the interim if you have further questions regarding this matter I will be happy to answer them at your early convenience. If Council desires that this project be done during this construction year, it is absolutely imperative that the most timely sequence of events be followed. jm3/8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111CS 1199 May 7, 1979 Mr. and Mrs. Aage Jensen 2050 N: Dubuque St. Iowa City, Iowa 52240 Re: Ventura/Tanglewood Special Assessment Project Dear Mr. & Mrs. Jensen: Attached for your review and consideration is a sketch depicting a hypothetical subdivision of your existing lot. As you will recall, the City Engineer was given the assignment by City Council of determining if it would be possible to subdivide your property to determine a "benefit" from this project. We are not implying that you intend to create such a subdivision. However, the proposal was prepared to demonstrate that it is possible to subdivide your lot within the guidelines of present City ordinances. I would ask that you review this information carefully. After your review, please give me a call so that we may meet to discuss this in more detail. The attached sketch and accompanying information will have the effect of reducing your assessment for this project. While the City staff feels that it would be legal to assess the entire amount against your prop- erty, it obviously is more equitable to discuss the reduced assessment of $6,370 as indicated on the sketch. I look forward to meeting with you in the near future. Sincerely yours, Neal G. Berlin City Manager Enc. bj cc: Gene Dietz MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IdOIRES III RIA ZONING REQUIREMENTS AVAILABLE - Minimum Area ----------------10,000 Sq. Ft. 19,500 - Minimum Frontage ----------------40 Ft. 95 - Buildable Width -----------------80 Ft. 95 - Front & Rear Yard Depth ---------30 Ft. Front - 127 Rear - 40 - Side Yard ------------------------8 Ft. 9 - Jensen's Total Assessment = $9,049.62 - Average Assessment = $60/ft. frontage - Lot "B" Assessment = 95' x $60/ft. = $5,700 - Lot "A" Assessment = 20% ($9,049 - 5,7-0-OT— = .2(3,349) = 669.80 or $670 Total Proposed Assessment (Lots "A" & "B") $5,700 + $670 = $6,370 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOITIES 3.2% :50, ORDINANCE N0, 79-2957 AN ORDINANCE ESTABLISHING THE CENTERLINE GRADE OF HEINZ ROAD EXTENDED FROM THE NORTH END OF EXISTING PAVEMENT NORTHWESTERLY 780 FEET IN IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. PURPOSE. The purpose of this ordinance is to establish the center line grade of Heinz Road extended from the north end of existing pavement northwesterly 780 feet in Iowa City, Iowa. Section 2. ENACTMENT. The elevation in feet above the City Datum plane is established for Heinz Road extended from the north end of existing pavement (the south line of Lot 6, Auditor's plat 32, Iowa City, Johnson County, Iowa) northwesterly 780 feet as follows: Reference points are as follows: 1. Station 0+00 is at the north end of the existing pavement (the south line of said lot 6). Stationing along the extension of Heinz Road increases to the north measured in feet. 2. Top of Portland cement concrete pavement at the centerline at station 0+00 equals 84.77 (feet) City. Elevations shown below are to the top of the proposed pavement at the centerline. The elevations listed below are continuous from station to station except along the vertical curve where the slope of the top of the pavement changes uniformly. Station Description Elevation 0+00 End of existing pavement and 84.77 beginning of proposed pavement 0+62 Beginning of vertical curve 82.51 1+37 Center of vertical curve 80.30 2+12 End of vertical curve 80.16 7+80 End of proposed pavement 83.00 Section 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. Section 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication 'shall not affect the validity of the Ordinance as a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I4011jEs 1ao3 r) ! ORDINANCE NO. 79-2957 PAGE 2 whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section S. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 12th day of June, 1979. MAYOR ATTEST: CITY CLERK; RECEI77D d APF$O;TD BY TU' LEGAL MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ORDINANCE NO"79-2957 PAGE 3 It was moved by Balmer and seconded by Neuhauser that the Ordinance as read be adopted and upon roll calT there were: AYES: NAYS: ABSENT: x BALMER X dePROSSE _x ERDAHL x NEUHAUSER x PERRET _x ROBERTS x VEVERA Moved by Balmer, seconded by Neuhasuser, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Perret, Roberts, Vevera, Balmer, Erdahl, Neuhauser. Nays: none. Absent: deProsse. Motion carried, 6/0. Date of publication June 20, 1979 i i i i t i MICROFILMED BY DORM MICROLAB CEDAR RAPIDS•DES MOINES L.. T ' SpM .Idm,..t SLpr I`I 41 :i / \ Ilnn.'411' IlallprY PF \I :: 14i n,nrl11 MI I If I-I'I nl SHIVE-HATTERY & ASSOCIATES INIV/,11 1 r.nxnl 16tl4ub I'I AINn 11 IlAnr PI CONSULT/NQ ENQ/NEER8 I �'r'r � I I.ryxr. rrr I.1 INA..I I. 1rr'll„ rl I V/Illl.illl 11 '; /„ I1 IIIIH IWAI' I..I :ul 1'11 Wr. I11'rll In.,rv.l vna••I rl IA., ru•il v.rrr.n mn• L1 d 1W/y CH l 5', II IWq ',; •;'•lU � •'x, Ynn.n. I• I ' III11'IU qJI I11'113h41b4p I1 Il. r•.. I•I I,rryl rA'a•Lr, rl ! Lv+ll I'I,...nr I.1 x•n.r41I Ilunnn•. I •, I,_0f,1 2u..I... I :. U.nrl 11 (,r.nnvr 1'I ,lune 7, 1979 i Mr. Gene Dietz, P,E. Re: 1979 BDI Second Addition City Engineer City Hall Improvements Iowa City, Iowa 52240 Dear Gene: We have checked the bids received and find them in order except for some minor ir- regularities on the bid from Cedar Hills Construction. They did not acknowledge receipt of Addendum N1, and the unit prices for Items lb, and ic. of their bid were not filled in. We called the contractor and confirmed that 1) he had received Addendum N1 because it was bound in the specification book and 2) that the "total prices" shown on his bid were correct and that unit prices could be computed for use in making periodic payments. jOur recommendations are as follows: I I1 PART A We have examined the bid documents submitted for this project and have determined that Cedar Hills Construction of R. R. y2, Oxford, Iowa, is the low bidder and has complied with the specifications except for the minor irregularities as noted above. Don Morelock, President of Cedar Hills Construction, started this company a few months ago after leaving United Contractors, Inc.; Mr. Morelock was the superinten- dent on thebox culvert project at Court and Muscatine in Iowa City. Mr. Morelock stated that he can past the required performance bond and will obtain it from the Keith B. Merrill Agency Des minor irregularities in thebidMandeIowa. waive he awardthe contract Mindthe aamount Cofy$28,794-58 l ! to Cedar Hills Construction. PART B We have examined the bid documents for this project and have determined that Metro Pavers, Inc., is the low bidder and has complied with the specifications. Metro Pavers, Inc., is an experienced contractor who has worked In Iowa City for many years. We recommend award of the contract in the amount of $41,718.00 _ I °Y./^•:•!••IL', L!•IENLOIiT Uf:S MOINES DI1f311OUf` FT MADISON IOWA 01 TY VINTON I i i i I I I I I Idol MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1'IOIIIES 0 Mr. Gene Dietz, P.E. June 7, 1979 Page Two PART C We have examined the bid documents submitted for this project and have determined that Parkview Company is the low bidder and has complied with the specifications. Parkview Company is an experienced contractor who has worked in Iowa City for many years. We recommend award of the contract in the base bid amount of $199,265.00. The total construction cost for this project as tabulated below is within the esti- mate shown on the preliminary assessment plat and schedule: Construction Engineer's Estimate Low Bid Price Part A - Box Culvert $ 29,450.00 $ 28,794.58 Part B - Pavement and Storm Sewer $ 49,684.00 $ 41,718.00 Part C - Sanitary Sewer, Lift Station Modifications, Earthwork, and Erosion Control $188,595.00 $199,265.00 Deductive Alternate 0 3 000.00) TOTALS $267,729.00 $266,717.56 Copies of the bid tabulation will be forwarded to you and all bidders in a few days. If you have any questions, please call. Very truly yours, SHIVE!-H-HAATTERY & ASSOCIATES n L. Willers` JLW:sd SHIVE•HATTERY 6 ASSOCIATES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ROPIES W 0 W i O (L W Q O I 0 O u\ r•� 0 0 W ' O O W u > C', Z U J• o O 0 o Z U 3 u\ u O W � O O D u\ X a N _ o cN m u u f- Q O — m W nu v L wo N N U - c c m c ; O O O O p m O Q u m 0o 00 O w F U ow C C V Z— a. O t m W K a O c vl u a N W S3 � O U O O u N N S a 0 0 0 Y U W m o vs O W O o ti u U u K O U p• Z W V7 N C O Q O ~ �¢ Xa N u c L u W K m 'O 3 N n a^p o O 0 0 a) c o 0 u y_ ® o r m m L y F 0 0 nu v u> U Z� u u1 N m M a � -gym 00 N D: r ut O ul O O •L o :D N N k u J C. O O U W OW c c m > ZU O N v 7> o W K S _ v y Ol m m L p u ucic X a N ¢ ¢ W ti N O _ m U •� ^ K T C p O O mr1- pl O 01 •. 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W ~ O O O O O M O O O O Z ^ O ^ u1 N O � o N N V1 V1 U1 N } Q 3 f7 S N N N N N w r Q U N Q N lR UI N Vf N cts t r z Y u u LL u > U W W J W w �o N F 00 N z i O z r x W E! u o ui s m u — r v m 01 m Vrl O a V7 m L u c z V d O Vrl W O L Y m O u m K m m u m W u m w u a c¢ r c ~ z E u al m o w O. N -0 c > u\ r w- m z op o� m a 3 u u N K m N Fla s m m m a u a N a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tI0111ES 7 51 W. 0 N W 0 Q a i j N a m 0 0 Z I _O Q J i ; i c v O La E c o ; f O lT au C U U m O w u W Q: m O Ql T � n u •- u i w 0 m a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES ti N 6 f C O IT N N N Q 3 0 U a 3 a O U) 0 O m 0 a O I w Q 0: F - w w F - Z co } 3 x 0 S N w Q U O N N a of 1- Y Q L C n a u W Q: O. u p X _ L — (yJ N V� N Vl IR Vf N N N N N [ U a C C C 7 U m I V > O .E m (. 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