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Home My WebLink About1979-08-14 Resolution'- RESOLUTION NO. 79-364 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA" 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: Senor Pablos Ltd., 830 1st Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution ae rea a adopted, and upon ioI ca there were: AYES: NAYS: ABSENT: Balmer X deProsse x Erdahl X Neuhauser X Perret x Roberts X Vevera X Passed and approved this 14th "day of August 19 79 a or Pro tem Attest: , City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO RIES IS f-6 of I RESOLUTION NO. 79-365 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPMCKTIION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Senor Pablos Ltd., 830 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x 19 79 Passed and approved this 14th day of August My r Pro lorn Attest: /,�-r��r , City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I101RE.S O fhv LI RESOLUTION NO. 79-366 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—For the following named person or persons at the following described location: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as rhe adopted, and upon =ollcaIi there were: AYES: NAYS: ABSENT: Balmer x deProase x Erdahl x Neuhauser x Perret x Roberts _ x Vevera x Passed and approved this 14th day of August 19 79 , ay r rro leu. Attest: .t City Clerk & ��av MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOINES j RESOLUTION NO. 79-367 ,l RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLTCATTON BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: i AYES: NAYS: ABSENT: Balmer x i deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14thday of August 19 79 Q_zI �kQr Pro tem Attest: �Vz _ City Clerk 41 i /Sfi 9a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES RESOLUTION NO. 79-368 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: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 It was moved by Roberts and seconded by Eurpt that the Resolution as rea e a opted, and were: upon roll call there NAYS: ABSENT: x Vevera x Passed and approved this 14th day of August 19 79 ay ro em Attest: V City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDIDES 15'500i- AYES: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x NAYS: ABSENT: x Vevera x Passed and approved this 14th day of August 19 79 ay ro em Attest: V City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDIDES 15'500i- RESOLUTION NO. 79-369 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATT13A 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: Plamor Bowling, Inc. 1555 - 1st Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as rea a adopted, and upon r- caiT there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this AYES: NAYS: ABSENT: x x x x x x x 14th day of August 19 79 or ro em Attest: �j Z2f.0 4 City Clerk /SS/O0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIES l+ RESOLUTION NO. 79-370 RESOLUTION OF APPROVAL OF CLASSIi4U r SUNDAY PERMIT APPLICA'T'ION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liouor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Plamor Bowling, Inc., 1555 - 1st Ave Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. i erret It was moved by Roberts and seconded by 7ciJ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x x deProsse Erdahl x x Neuhauser Perret x Roberts x x Vevera Passed and approved this 14th day of August 19 79 Ma ro em i I I i Attest:Y.11.. A City Cler i 155�.Q, i I f i I MICROFILMED BY JORM MICROLAB I CEDAR RAPIDS -DES MOINES I ASOLUTION NO. 79-371 ' RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUITM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro-W-FTor the following named person or persons at the following described location: Iowa River Pizza Company, Inc. dba Applegate's Landing, 1411 South Gilbert St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as re�ibe adopted, and upon roll carr there were: AYES: NAYS: ABSENT: Balmer x _ deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of August 19 79 �M t Pro tem Attest: - City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t10 RIES 16530L,- I RESOLUTION NO. 79-372 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Iowa River Pizza Company, Inc. dba Applegate's Landing, 1411 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be a opted, and upon ro ca there were: 19 79 Passed and approved this 14th day of August ' or Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x 19 79 Passed and approved this 14th day of August ' or Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I s e'✓: RESOLUTION NO. 79-373 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See attached list _i i It was moved by Roberts and seconded by Perret that the Resolution as r were: ead be adopted, and upon roll call there i I i AYES: NAYS: ABSENT: jBalmer X deProsse X iErdahl X jNeuhauser X Perret X i. Roberts X Vevera x i Passed and approved this 14th day of August , 19 79 Mr_ Pro em I — I. t Attest: jlL[ j City Clerk �JrA� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 80-99 - Tuck's Place, 210 North Linn (James J. Tucker) 80-100 - Leo's Standard Service, 130 North Dubuue St. (Leo P. Lenoch) 80-101 - Towncrest Texaco, 2303 Muscatine Ave. Regal Vending) 80-102 - Lon's Gas & Grocery, 105 E. Burlington (Lon Brown) 80-103 - Country Kitchen, 1401 S. Gilbert St. (Ronald L. Novak & Richard G. Bowers) 80-104 - V.F.W. Post 2581, 1012 Gilbert Court 80-106 - TheHouseofZSubmarines3012East SouthlDubuqueo(Hawkeye Amusement) _80-107 - Rochester Ave. DX, 2233 Rochester Ave. (Robert E. Shank) 80-108 - East-West Oriental Foods, 615 Iowa Ave. (Inn Ho Shinn) 80-109 - Osco Drug #826, 120 E. College St.(Osco Drug, Inc.) 80-110 - Sanctuary, 405 S. Gilbert St. (Regal Vending) 80-111 - Hilltop D -X, 1123 North Dodge St. (DOMLL, Inc.) 80-112 - Chuck's Clark, 504 E. Burlington (Charles J. Christensen) 80-113 - Maid -rite, 630 Iowa Ave. (Joseph Momberg) 80-114 - Ware & McDonald Oil, 828 South Dubuque St. 80-115 - Best Steak House, 1 South Dubuque (Bill Mihalopoulos) 80-116 - Lakeside Apts., Highway 6 West (Iowa City ) Vendin 80-117 - Sears, Roebuck, Sycamore Mall (Iowa City Vending 80-118 - Kirkwood 76 Store, 300 Kirkwood Ave. (Inland Transport Co.) 80-119 - Harry's Dodge St. DX, Inc., 605 North Dodge i 80-120 - Mall Mobil, Sycamore Mall (Robert Uhler) 80-121 - Amelon's Skelly Service, Inc., 204 North Dubuque 80-122 - University of Iowa Football Stadium, Ogden Food Service Corp. 80-123 - The Shamrock, 525 S. Gilbert St. (Richard T. Corcoran) 80-124 - Russ' Standard, 305 N. Gilbert (Rosalie Vitosh) 80-125 - Walt's, 928 Maiden Lane (Walter Poggenpohl) 80-126 - Comer's, Inc., 13 South Dubuque St. 80-127 - Doc's Standard, Inc., 801 S. Riverside Dr. 80-128 - Sambo's Restaurant, 3760 State St. (Canteen Food & Vending Service) 80-129 - Nickelodeon, 208 North Linn (Robert Dane) 80-130 - Bart's Place, 826 South Clinton (Richard J. Bartholomew) 80-131 - Donutland #41, 817 S. Riverside Dr. (Donutland, Inc.) I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOInEs ■ RESOLUTION NO. 79-374 RESOLUTION APPROVING CLASS C / LIQUOR CONTROL LICENSE APPLTCATM 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: Cardan, Inc. dba Joe's Place, 115 Iowa Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together withthe license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as res a adopted, and upon ioTl caTI there were: AYES: NAYS: ABSENT: Balmer _ x deProsse x Erdahl x � s Neuhauser x 9 Perret x — r s Roberts x J Vevera x 1 Passed and approved this 14th day of August lg 79 f I y pro IBM Attest: City Clerk /T /$56 a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. ]9-$]5 fir! l 7 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION )0X FOR MODULAR BUILDING RENOVATION - FIVE UNITS DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. 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 28thday of August , 19 79 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk 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 r less than four (4) nor more than twenty (20) days before said hearing. h 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. I It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: f t AYES: NAYS: ABSENT: I i x BALMER r j x DEPROSSE x ERDAHL I i K NEUHAUSER x PERRET x ROBERTS { x VEVERA �i Passed and approved this 14th day of August 19 79 . i Mayor Pro ten. ATTEST: City Clerk Received $ Approved By The Legal Department /,7S7v FICROFILMED BY 1 JORM MICROLAB i CEDAR RAPIDS -DES I40PIES RESOLUTION NO. 79-376 RESOLUTION SETTING PUBLIC INFORMATION MEETING ON PLANS FOR D BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public information meeting on the plans for the above-named project be held on the 22nd day of August 1979 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa 2. That the City Clerk is hereby authorized and directed to publish notice of _ the public information meeting for 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. It was moved by Roberts and seconded by Perret i that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE t x ERDAHL _ x NEUHAUSER x PERRET x ROBERTS _ x VEVERA Passed and approved this da of 19 PP 14th y Angnst , _]g. yMAYOR Pro teni 1111 , ATTEST: f i CITY CLERK ' lii'C}ZTD & LYEROVE) D7ri•� �LY�"1l L' ' �'�i'�11 I _ L t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES MOINES D RESOLUTION NO. 79-377 RESOLUTION APPROVING FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF LOT 7 OF BLOCK 2, BRAVERMAN CENTER KNOWN AS CEDARWOOD APARTMENTS WHEREAS, a final Large Scale Residential Development Pian of Lot 7 of Block 2, Braverman Center known as Cedarwood Apartments, Iowa City, Iowa has been filed with the Clerk of Iowa City, and after consideration was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission, and WHEREAS, an Improvement agreement has been entered Into between the City of Iowa City and Southgate Development Company, Inc., for the lnstalla- of certain improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa that the said final Large Scale Residential Development Plan of Lot 7 of Block 20 Braverman Center known as Cedarwood Apartments be and the same Is hereby acknowledged and approved on the part of Iowa City, Iowa. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been n executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this resolution to the County Recorder of John- son County, Iowa. The foregoing resolution was moved by deProsse and seconded by Erdahl at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 14th day of August , 1979, commencing at 7:30 P.M. Upon roll call the following vote was taken: Received d Approved By'The legal Departnnent MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111E5 tIJr]� j 79-377 r r, Res. No. -2- 4 i' BALMER Aye x Nay Absent 3 - DEPROSSE Aye x Nay Absent ERDAHL Aye x Nay Absent NEUHAUSER Aye Nay Absent x PERRET Aye x Nay Absent ROBERTS Aye x Nay Absent VEVERA Aye Nay Absent x The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a i resolution of the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of August 1979. I ,i � 4 r I 4 i' t i; I ; I, is I � , � i0ZL us, City�er o Iowa City, Iowa Passed and approved this day of sr 1979. ATTEST: Gil Werk ayor Pro tem � as N 0 JUM1I 7 � 13,:7 UTY CLERK (3)C11�PC MICROFILMED BYM1 JORM MICROLAB CEDAR RAPIDS -DES IIOINES STAFF REPORT To: Planning and Zoning Commission Prepared by: Doug Boothroy Item: 5-7917. Hickory Ridge Estates Date: August 2, 1979 GENERAL INFORMATION Applicant: Charles and Sandra L. Froeming S Requested action: Purpose: Location: i Size: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limintation period: f 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: 24621 Los eranos Laguana Niguel, California 92677 Approval of a preliminary and final subdivision plat. To develop three single family lots. Two miles east of Highway 1 on Rapid Creek Road. 10 acres Undeveloped and RS (county residential) Undeveloped and zoned for agricultural purposes. Subdivision Code and Storm Water Management Ordinance 8/30/79 9/29/79 Public utilities are not presently available. Sanitary sewer systems and water mains will be privately owned. Police protection will be provided by Johnson County. Fire protection will be provided by West Branch. The development is also within the West Branch School District. Vehicular access is from Rapid Creek Road. The topography is gently sloping to steep (2-25%). MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I4011JES 157/ ANALYSIS Attached to this staff report please find a detailed description of the subdivision. It should also be noted that this development is typical of the leapfrog and sprawl developments which are occurring in many areas within the county. Adoption and implementation by the County of a rural land use plan and formulation of a 28E agreement between the City and the County will provide necessary controls for this type of development. This subdivision does not comply with either the Rural Development Standards for construction of streets or the Storm Water Management Ordinance. The applicant is requesting that the Commission waive the standards for paving thickness in favor of the proposed 2V asphaltic surface over a 6" modified Macadam base. Per the criteria specified within the Rural Development Standards for granting exceptions to these standards (i.e. likelihood of annexation and feasibility of supplying services) the City's rural cross section street standard has been waived for other developments by the Commission for the alternative cross section as proposed (e.g. Meadeville Subdivision). Storm water management has not been waived for any development within Rapid Creek water shed. However, the Council did allow the delaying of construction of storm water detention basins in Woodland Hills, Part II, on the criteria of likelihood of annexation, amount of existing development downstream, and being heavily wooded. The Council insisted upon the right to review this decision on the happening of one of the three following events: 1) resubdivision of any lot, 2) the passing of 15 years from date of final plat approval, and 3) annexation by the City. The subject development meets most of the critera as used in deciding whether or not the detention basins should be constructed in Woodland Hills, Part II. The Commission may wish to waive installation of the detention basins under these same conditions. Until the Commission and the Council develop criteria by which to apply or not apply the Rural Development Standards the staff has recommended that the standards be applied to all areas within the City's two mile extraterritorial control area. RECOMMENDATION It is the staff's recommendation that the preliminary and final plat be deferred. Upon revision of the plat incorporating the concerns mentioned above and correcting the deficiencies and discrepancies noted below, the Commission should determine whether or not to apply all or part of the Rural Development Standards and give consideration to approval of the plat. DEFICIENCIES AND DISCREPANCIES A note should be provided on the plat indicating that all utilities will be underground. 2. The typical cross section for Charles Drive should be corrected to conform with the cross section recommended in the Rural Development Standards. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOICES i 3 3. The culverts should be concrete. 4. The legal papers are not in order and should be revised. 5. The plat does not comply with the Storm Water Management Ordinance. 6. Signatures of the utility companies and the registered land surveyor should be provided. 7. Complete curb data should be provided for Rapid Creek Road. ATTACHMENTS 1. Location map. 2. Owners' Statement. i ACCOMPANIMENTS ` Preliminary and final plat. 11 Approved by Denm s R. Kra 4tec or E i Department of Planning and Program Development I I j I I I I ' I j : i� i f I MICROFILMED BY JORM MICROLAB ' CEDAR RAPInS•DES ?IOINES 1 J MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 14011JES I' ;GElmira :r & i ■ A OWNER'S STATEMENT TO: CITY COUNCIL. FOR THE CITY OF IOWA CITY, IOWA and PLANNING S 'ZONING CO1%ffIISSION FOR TILE CITY OF IOWA CITY, IOWA. Wli, the undersigned, Charles Scott Froeming and Sandra Lee Froeming, do hereby certify that we arc till, owners of tha following described real ustatr situated in Johnson County, low;,, to -wit: Commencing at the North Quarter Corner of Section 29, 'Township 80 North, Range 5 West of the 5th Principal Meridian; thence S 00°00'00" E, 797.46 feet along an existing fence line; thence S 47°47"23" E, 363.45 feet along an existing fence line; thence S 45`40'21" W, 554.64 feet; thence S 21°02'52" E, 563.37 feet to the centerline of the County Road and the Point of Begin- ning; thence Southwesterly 432.09 feet oil a 1432.50 foot radius curve concave Northwesterly along said centerline; thence S 22°13'58" E, 596.22 feet; thence S 89°29'11" L•', 50.00 feet; thence S 22°13'58" E, j 50.31 feet; thence S 89°29'11" E, 720.14 feet; thence N 38°15'09" W, 1019.00 feet to the Point of Beginning. Said tract of land containing 10.05 acres. We further state that we have caused the above described real estate Lo be -subdivided into three (3) lots, all as more particularly set forth In a survey prepared by MIS Consultants, Inc. and dated May 16, 1979, and that said subdivision is known as "HICKORY RIDGE' ESTATES" and is platted with our free consent and in accordance with our desire. Ilecause of the smallness of this subdivision and its simplicity, we are filing a combined preliminary and final plat at one time. We wish to subdivide a 10.05 acre tract into only three (3) residential lots, providing that only one single-family residential dwelling be constructed upon each lot (each of which is approximately acres it size), and that no subdivision of these lots shall be madpossi�le This D UUUUU J U 1. 1 7 1979 ABBIE STOLFUS, CMC CITY CLERK (3) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORIES 9 -2 - protection is seL forth in the protective covenant, and resLrictions, a copy of which is attached hereto and by this; reference made a part hereof. We intend to construct our own family residence upon one of these lots, and intend to return to the City of Iowa City from California shun. There will be one short cul-de-sac road for ingress and egress, Which shall be maintained by the lot owners as set out in the covenants, all of which will be managed by a Road Maintenance Agreement and the Hickory Ridge Estates Homeowners' Association. I The subdivision has one well, which will be situated within the center of the cul-de-sac, and will service all three lots. This is highly recommended and very well received by the Johnson County Director Of Ilealth. 1 ' We have provided in our covenants that any owners of lots within the subdivision Shall be bound by the terms and conditions of the agreement between Lite City of Iowa City and us, although annexation is j probably remote. This property is located at the extreme end of the 2 -mile extra territorial limit and, almost touches the Linc describing said limit. The covenants further require that each lot owner provide for the storage of sir. (6) automobiles on the lot. We respectfully request that the pavement width in this subdivision (since it will be serving only three families) be reduced from 28 feet back-to-back curb, to 22 feet back-to-back curb. This reduction Is requested pursuant to Section 32-7(b) Of the subdivision regulations of Lite Iowa CiLy Code. This provision i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -3 - allows a reducLion from 28 fuel to 22 feel if provislon is made for the storage of at least five (5) automobiles un each lot as provided in Section 8.10.25 of the zoning ordinance. Along with the reducLion of wJdth, we are also requesting that a variance he granted in the design standards for new developments located outside the City limits of Iowa City, but wiLhin the two-mile extra territorial limit. These design standards require pavement of a thickness of G" Portland concrete or 8" asphaltic concrete. Our engineer has recommended a very excellent surface at a much reduced cost and one which apparently has received favorable comment by the City administration, consisting of a deep cadmium base with an asphaltic seal. We have entered into a fencing agreement with the adjoining property owners. The property is largely on a hillside and is heavily -studded with full-grown hickory and oak trees. We have provided in the protective covenants that when developing the site plan for the location of dwellings on eadh lot, as many of the existing trees shall be left standing as is reasonably possible. The covenants further provide for a very excellent septic system consisting of a 2 -tank method involving a 1,000 gallon tank and a 500 gallon tank. The covenants further preclude the location of soil absorption systems closer than 150 feel from elle common well and that the septic tanks will be pumped once every three years. This liar, been described as an excellent and very, very safe system by the County Health Director. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES D J I I L 1. 11979 1,13131E STOLFUS, CMC CITY CLERK (3) We would be happy to try Lo answer any qucsLions anyone might raise regarding chis subdivision, and sincerely approrintr your con- sideration of our proposals and respectfully requcnt your approval. CIIARLI'S SCOTT PROEMINC SANDRA LEE PROEMINC i i 3 I I j f i I BEST t DOCUMENT AVAII,ABLE I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 17 1 Jill. 1'/1379 1BCIE STOLFUS, CMC CITY CLERK (3) RETAKE OF PRECEDING DOCUMENT RETAIII JORM MICR®LAB TARGET SERIES r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S MOINES BEST + DOCUMENT AVAILAB-13 011 -4- We would be happy to try to answer any questions anyone might raise regarding this subdivision, and sincerely appreclnCc your con- sideration of our proposals and respectfully requc:.L your approval. CHARLES SCOTT FROEMING i SANDRA LEE PROEMING BEST DOCUMENT AVAILABL" FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES D. 1 r i i j I i i I I 011 -4- We would be happy to try to answer any questions anyone might raise regarding this subdivision, and sincerely appreclnCc your con- sideration of our proposals and respectfully requc:.L your approval. CHARLES SCOTT FROEMING i SANDRA LEE PROEMING BEST DOCUMENT AVAILABL" FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i U I. 1 7 1979 lB lE STOLFUS, CMC CITY CLERK (3) D. i U I. 1 7 1979 lB lE STOLFUS, CMC CITY CLERK (3) ' City of Iowa Cit, MEMORANDUM DA/E; August 3, 1979 TO: City Council FROM: Paul Claves, Development Coordinator RE: Amendment to the Urban Renewal Plan Attached to this memorandum is a resolution modifying the Urban Renewal Plan for Project Iowa R-14. This resolution amends the plan by inserting a provision in the text, providing for the new public library. The resolution also amends the Plan by deleting the Land Disposition Plan (map) and substituting in its place a revised Land Disposition Plan (map). The revised map attached to this memorandum deletes from the disposition plan Parcel 65-4 (the library site) and Parcel 65-2 (the Blackhawk Mini -Park) as dispo- sition parcels to be sold. A public hearing on this Urban Renewal Plan amendment is scheduled for August 14 and the resolution is scheduled for consideration by the City Council on August 28. As reflected in the minutes of the Council meeting of July 5, 1977 (copy attached), the Council deferred the sale of Parcel 65-2 until the completion of City Plaza. Because the Plaza is nearing completion and because it is necessary to amend the plan regarding the library site at this time, the staff has included in the amendment for Council consideration the question whether or not the Blackhawk Mini -Park will he sold. The amendment was referred to the Planning and Zoning Commission, and was considered at their meeting held August 2, 1979. Pursuant to Section 403.5(2) of the Code of Iowa, 1979, the Commission was asked to make its recommendation as to the amendment's conformity with the Comprehensive Plan. The Commission found, by 4-0 votes in both instances, that the amendment was not inconsistent with the Comprehensive Plan as it relates to the library site, but was not consistent as it relates to the mini - park site. Section 403.5(4)b of the Code of Iowa states that the Council may approve an urban renewal project (or amendment) if it finds that such plan or amendment conforms to the general plan for the community as a whole. The language of Section 403.5 of the Code makes the Planning and Zoning Commission's recommendation advisory, and Council finding mandatory. The staff does not agree with the conclusion of the Planning and Zoning Commission that retaining the mini -park is not consistent with the Comprehensive Plan. Because the Plan is a general document which does not purport to dictate micro -level solutions, it is the staff's opinion that the Plan contains policies which would allow either the sale of the parcel for commercial development, or its retention as a part of City Plaza. The basis for this staff position is set forth below. The text of the Plan sets forth several basic goals and objectives for community growth and development. Specifically, the Plan contains provisions related to economic growth and commercial development and provisions related to the provisions of parks and open space. At the general level these are not mutually exclusive, but at the micro -level the question as to whether a specific site should be a commercial WS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES City Council August 3, 1979 ['age 2 building or open space make the policies conflicting as they relate to a specific parcel. At the micro -level it becomes a policy decision, supported in either event, as to which goal or objective should take precedence. It is clear that commercial use on Parcel 65-2 is consistent with the Comprehensive Plan. The Council is referred to page 29 of the Plan, specifically Goal a-1, Objective b-1, and Recommendation a -l. This conclusion is further reinforced by Policy Number 1 set forth on page 30. It is equally valid, in the staff's opinion, to conclude that retaining Parcel 65-2 as a park or open space is consistent with the Plan. The Council should note that the Plan in the first paragraph on page 102 contemplates mini -parks. The fact that no specific standards for them are set forth does not make them an invalid form of open space. On the contrary, specific provisions of the Plan call for a "complete range of parks." See for example, Objective b-2 on page 35 and Policy 4 on page 37. It is the staff's position that the provisions of the Plan relating to providing open space and parks in relation to residential location and density apply in the intensely urban environment of the CBD as well as the more usual residential areas of Iowa City, because the CBD is, to a considerable extent, residential as well as commercial. It is precisely because the CBD is devoid of open space that City Plaza was constructed in the first instance. Whether or not to expand the space by using a single adjacent parcel is not a change precluded by the Comprehensive Plan. The staff is also of the opinion that the fact that the mini -park parcel is shown on the Plan map as commercial does not preclude use of the site as part of City Plaza. First, the land use designations on the map arc for the most part general and not specific to the level of specific portions of platted lots. Applying the logic that the color of the lot on the map recludes a non-commercial use would apply equally to the library site, in that it also is shown as commercial rather than institutional This conclusion is clearly contrary to the Council's intent at the time the Plan was adopted. It is the staff's opinion that the Council is confronted with a policy decision that is neither legally constrained by the Comprehensive Plan, nor technically constrained by one clearly superior solution. The decision rests on the Council's judgements regarding a trade-off between pursuing commercial and economic goals and pursuing recreational and open space goals. - In order to assist the Council to evaluate this trade-off the staff is providing the following technical information. The amendment as it relates to the library site is self explanatory. In accordance with long standing plans of the Library Board and the City Council, the site will not be offered for sale and will be retained by the City for library use. It will he necessary to deposit the appraised value of the site ($155,000) to the CDBG program revenue account, using library or other funds, at the time the Library Board takes possession of the site for construction. This is because central libraries are expressly ineligible block grant activities, as set forth in Section 570.201(A)2 of Title 24, the Code of Federal Regulations. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES k s a City Council August 3, 1979 Page 3 The mini -park site can be sold, or can be retained by the City as part of City Plaza. It is the staff's opinion that the mini -park can be retained by the City without reimbursement to the Block Grant program, because parks are an eligible activity, and because when added to become a part of City Plaza the City would be using the parcel as part of previously planned activities. (See provision N4 of page 7, The Urban Renewal Plan -- copy attached). Parcel 65-2 has an appraised value of $78,000. If sold for private redevelopment at least this amount, and probably a greater sum, would be available for CDBG program purposes. If the mini -park is retained as part of City Plaza by the City, , it will be a Council policy decision whether or not to use park or other City funds, to reimburse the CDBG program. If the parcel is sold for private redevelopment, the development would contain in all probability, a two or three story building, containing from 14,500 to 21,800 square feet of space. This development would generate from $28,000 to $42,000 in property taxes each year at current rates. Of this total property tax, between $7,000 and $10,000 per year would be paid into the City general fund, PGISSW Attachments MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES E i i i Ii E f 9. i i 1 a City Council August 3, 1979 Page 3 The mini -park site can be sold, or can be retained by the City as part of City Plaza. It is the staff's opinion that the mini -park can be retained by the City without reimbursement to the Block Grant program, because parks are an eligible activity, and because when added to become a part of City Plaza the City would be using the parcel as part of previously planned activities. (See provision N4 of page 7, The Urban Renewal Plan -- copy attached). Parcel 65-2 has an appraised value of $78,000. If sold for private redevelopment at least this amount, and probably a greater sum, would be available for CDBG program purposes. If the mini -park is retained as part of City Plaza by the City, , it will be a Council policy decision whether or not to use park or other City funds, to reimburse the CDBG program. If the parcel is sold for private redevelopment, the development would contain in all probability, a two or three story building, containing from 14,500 to 21,800 square feet of space. This development would generate from $28,000 to $42,000 in property taxes each year at current rates. Of this total property tax, between $7,000 and $10,000 per year would be paid into the City general fund, PGISSW Attachments MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES E RESOLUTION NO. RESOLUTION MODIFYING THE URBAN RENEWAL PLAN FOR PROJECT IOWA R-14 (Sixth Resolution) WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project No. Iowa R-14; and, WHEREAS, the City of Iowa City has reached financial settlement of said Project Iowa R-14, and is continuing said project as part of the Community Development Program, Project B -79 -HN -19-0005; and, WHEREAS, the City Council of Iowa City, Iowa, has previously adopted and approved an Urban Renewal Plan for said project, which Urban Renewal Plan was adopted and approved in Resolution No. 2156, passed by the City Council of Iowa City, Iowa, on October 2, 1969, which Plan was modified and amended by Resolution No. 72-159, passed and approved by the City Council of Iowa City, Iowa, on April 18, 1972, which Plan was modified and amended by Resolution 73-172, passed and approved by the City Council of Iowa City, Iowa, on May 1, 1973, which Plan was modified and amended by Resolution 73-420, passed and approved by the City Council of Iowa City, Iowa, on September 25, 1973, which Plan was modified and amended by Resolution 76-352, passed and approved by the City Council of Iowa City, Iowa, on September 28, 1976, which Plan was modified and amended by Resolution 77-152, passed and approved by the City Council of Iowa City,Iowa, on May 24, 1977, which Plan and modifications attached hereto are now on file with the City Clerk of Iowa City, Iowa, as the official plan for Urban Renewal Project Iowa R-14; and, WHEREAS, certain further modifications of said Urban Renewal Plan have been proposed; and, WHEREAS, a public hearing has been held by the City Council of Iowa City, Iowa, on the desirability of said proposed modifications; and, WHEREAS, thb LPA deems it desirable, necessary, and in the public interest that the Urban Renewal Plan for Project No. Iowa R-14 be modified as follows: 1. Providing for public re -use of certain real property. 2. Deleting certain real property from the Land Disposition Plan. NOW, THEREFORE, BE IT RESOLVED BY 'IIIE CITY COUNCIL 01: IOWA CITY, IOWA, acting as the Local Public Agency, that the Urban Renewal Plan of the City of Iowa City, Iowa, for Urban Renewal Project No. Iowa R-14 approved and adopted by Resolution So. 2157 on October 2, 1969, and as modified by Resolution No. 72-159 on April 18, 1972, and by Resolution No. 73-172 on May 1, 1973, and by Resolution No. 73-420 on September 25, 1973, and by Resolution No. 76-352 on September 28, 1976, and by Resolution No. 77-152 on May 24, 1977, be modified further as follows: Section C(2)b, LAND USE PLAN, Land Use Provisions and Buil --- y uuuing m e provision, "Provide for the development of a new public library at the intersection of College and Linn Streets"at the and thereof. The Land Disposition Plan dated April, 1977, is hereby deleted and a new Land Disposition Plan, dated August 1979, attached hereto and by this reference MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES -z - incorporated herein, is hereby substituted in its place. It was moved by , and seconded by that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ Balmer deProsse Erdahl Neuhauscr Perrot Roberts Vevera Passed and approved this day of 1979. 1 1 i l r Mayor ATTEST: City Clerk j r i t ` I i r $CLIYED 3 �%FaTI� R I D DEc►aTx' jg yBE v �r I I ' i i iMICROFILMED BY JORM MICROLAB iCEDAR RAPIDS -DES MOVIES I LAND DISPOSITION PLAN LST WASHINGTO COLLEGq ST �� y~j •'i ii' ii F' 11 F. iii iiiii f BURLINGTON ST Yn = Z W O O 0cc 0 0 13 q LL � MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES H INES LEGEND BLOCK NUMBER PARCEL NUMBER DISPOS. PARCEL City -University Project Project Number Iowa R-14 City of Iowa City, Iowa August 1979 = W O 0 13 Z J ' i" Z U �� O J MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES H INES LEGEND BLOCK NUMBER PARCEL NUMBER DISPOS. PARCEL City -University Project Project Number Iowa R-14 City of Iowa City, Iowa August 1979 LAND DISPOSITION PLAN WASHINGTON ST COLLEGq ST 2 J N O Cl 112 F O 0 cc Q LL f BURLINGTON ST N 2 N z Cl 112 O 0 cc Q LL MICRDEILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES LEGEND BLOCK NUMBER PARCEL NUMBER DISPOS. PARCEL City -University Project Project Number Iowa R-14 City of Inwa City, Iowa August 1979 V_lH MICRDEILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES LEGEND BLOCK NUMBER PARCEL NUMBER DISPOS. PARCEL City -University Project Project Number Iowa R-14 City of Inwa City, Iowa August 1979 RESOLUTION NO. 79-378 RESOLUTION PROPOSING TO SELL A PORTION OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED AT THE NORTHWEST INTERSECTION OF SOUTH GILBERT STREET AND U.S. HIGHWAY 6 WHEREAS, the City of Iowa City owns the real property legally described as follows: The south half of that part of Out Lot Two (2) in Cook, Sargent and Downey's Addition to Iowa City, Iowa, that lies south of the north 120 feet of said Out Lot Two (2), that lies northeasterly of a line 110 feet normally distant northeasterly of and parallel to the centerline of primary road No. U.S. 6, that lies northwesterly of a line 30 feet radially distant northwesterly of and concentric to the centerline of South Gilbert Street. j Said tract contains 4,663 square feet more or less; and, WHEREAS, the City Council proposes to sell the above-described property to ' Arie Kroeze and Antonia Kroeze; and, 1 WHEREAS, the proposed sale will be subject to the following terms: ! 1. The price for the above-described real property will be $3.50 per square foot, for a total price of $16,320.50. 2. The City will reserve a temporary construction easement over the easterly 10 feet of the above-described property, said easement to be for the period of construction of the South Gilbert Street Improvement Project; and, WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on the proposal. I NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: r 1. That the City proposes to sell the above-described real property to Arie Kroeze and Antonia Kroeze for $16,320.50. 2. That the City Clerk is authorized to publish notice of this proposal and 1 further, to publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above described property at the Council Chambers, (` + Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 p.m. on li the 28th day of August, 1979, and any person having objections to said .i proposed action may appear and file their objections at said hearing. i; `I 1 It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: i i L'e;GdL L'it,l•='1'VNT j — i I f I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Res. No. 79-378 -2- AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl _ x Neuhauser x Perret x Roberts i — x Vevera i Passed and approved this 14th day of August 1979 f; I Mayor ro_em MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I 1? City of Iowa Cil~y MEMORANDUM DATE: August 10, 1979 TO: City Council FROM: Paul Glaves, Development Coordinator RE: Land Acquisition Procedures A resolution authorizing the City Manager to modify previously established amounts of just compensation is included on the agenda for the meeting of August 14. The staff's experience in the acquisition of South Gilbert Street property makes this revision to our procedures necessary. The procedure which was previously used calls for the appraisal of the property by an independent appraiser, the review of those appraisals by a review appraiser, and the established of just compensation by the City Council. In the process of negotiations with land owners, the staff has encountered several instances where minor adjustments in just compensation are warranted. These situations have arisen for a variety of reasons, but basically fall into one or two categories. In some instances the technical details of the land acquisition have changed. For instance, on one parcel the size of an easement area needed to be increased. In another instance we discovered a mathematical error in an appraisal. The second category of possibly necessary revision has occurred through the negotiation process. In order to negotiate with the land owners, in good faith, the staff took the position that our appraisals could be revised if the land owner was able to show with factual information that the appraiser had not taken a factor into consideration or the appraiser was unaware of some circumstance affecting the value of the property. It is necessary to take such a position so as to not "cast in stone" the City's position, leaving the negotiation a take it or leave it situation. The necessity of from time to time make minor revisions in just compensation is hampered on the South Gilbert Street project, and on other projects, by the timing and pace at which property must be acquired. The problem is made worse when the Council meets only every other week. As a solution to the problem, the resolution on the agenda for August 14 authorizes the City Manager to modify previously established amounts of just compensation. The procedure used would be that the staff would request the review appraiser to consider any change in the technical details, or any new information, made by available by the land owners. The appraiser's revision would be referred to the review appraiser for a new opinion of value. Upon receiving a new opinion of value, the staff would present the information and the basis for the suggested revision to the City Manager, who would then be authorized to approve the adjustment. This will considerably streamline the land acquisition process by allowing such revisions to be made and contracts to be entered into without waiting for the next City Council meeting. Larry Chiat will be available at the informal session on August 13 to discuss this matter with the City Council, should you so desire. PG/ssw MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES nOIDES /590-1, MICROFILMED 59a- RESOLUTION NO. 79-379 RESOLUTION AUTHORIZING THE CITY MANAGER TO MODIFY PREVIOUSLY ESTABLISHED AMOUNTS OF JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR ACQUISITION OF SAID RIGHT-OF-WAY. WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number NI -4051(2)-8-52 (the State has established Policy 820.00 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property described in the construction plans for the South Gilbert Street Improvement Project, and to acquire said real pro- perty either by purchase or by exercise of the powers of eminent domain; and, WHEREAS, The City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain real property contained therein,and has reviewed the appraisals, and reports, and being familiar with the said real property, has established the Just Compensation for said property for the purposes of acquisition; and, WHEREAS, the City has proceeded to initiate negotiations for acquisition of the said real property, and is now in the final stages of concluding many of the said negotiations, and needs the capability to, where necessary, modify on short notice the previously established amounts of Just Compensation for acquisition of right-of-way for the South Gilbert Street Improvement Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager, upon review of appraisals, staff reports and recommendations, and other information, is hereby authorized to modify where necessary the previously established amounts of Just Compensations for the acquisition of right-of-way for the South Gilbert Street Improvement Project; and that the Mayor is hereby authorized to sign and the City Clerk to attest Contracts for acquisition of said right-of-way for the respective amounts of Just Compensation so established by the City Manager. 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: 1� Balmer X deProsse RESOLUTION NO. 79-379 RESOLUTION AUTHORIZING THE CITY MANAGER TO MODIFY PREVIOUSLY ESTABLISHED AMOUNTS OF JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR ACQUISITION OF SAID RIGHT-OF-WAY. WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number NI -4051(2)-8-52 (the State has established Policy 820.00 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property described in the construction plans for the South Gilbert Street Improvement Project, and to acquire said real pro- perty either by purchase or by exercise of the powers of eminent domain; and, WHEREAS, The City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain real property contained therein,and has reviewed the appraisals, and reports, and being familiar with the said real property, has established the Just Compensation for said property for the purposes of acquisition; and, WHEREAS, the City has proceeded to initiate negotiations for acquisition of the said real property, and is now in the final stages of concluding many of the said negotiations, and needs the capability to, where necessary, modify on short notice the previously established amounts of Just Compensation for acquisition of right-of-way for the South Gilbert Street Improvement Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager, upon review of appraisals, staff reports and recommendations, and other information, is hereby authorized to modify where necessary the previously established amounts of Just Compensations for the acquisition of right-of-way for the South Gilbert Street Improvement Project; and that the Mayor is hereby authorized to sign and the City Clerk to attest Contracts for acquisition of said right-of-way for the respective amounts of Just Compensation so established by the City Manager. 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 _ Ferret X Roberts _ x Vevera 1159 MICROFILMED BY JORM MICROLAB CFOAR RAPIDS•OCS IIOIMES Au9uct , 1979. Dr pro. tem MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES m RESOwriaN N0. 79-380 RESOL(1PION AUTHORIZING E74=()N GF 13(c) Labor PROTECTION AGREEMENT WfiERFAS, the City of Iowa City, Iowa, has negotiated an agreement with the agencies Ilsted bel w , a copy of said amt being attac to s Reno u s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement pursuant to Section 13(c) of the Urban Mass Transporta- tion Act of 1964, as amended, between the City of Iowa City, lead agency, i and the American Federation of State. County and Municipal Employees, AFL-CIO, Local 183 and Local 12; University of Iowa CAMBUS, City of Coralvllle Transit System and Johnson County SEATS_ NOW, THEREFORE, BE IT RMMVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized arca directed to execute the agreement with the agencies listed above 2. That the City Clerk Shall furnish copies of said agreement to any citizen requesting Bare. It was mored by Perret and seconded by deProsse the Resolution be adopted, call there were: AYES: NAYS: ABSENT: I x BALMER x DEPROSSE x ERDAHL _ x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 14th day of August 1979, l--/Mfty0r.Km tem ATTEST: City Clerk Recehrod i Approved By The Legal Depufinent MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I1011JES I •_ - AGREEMENT AGREEMENT PURSUANT TO SECTION 13(c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, BETWEEN THE CITY OF IOWA CITY, LEAD AGENCY, AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 183 AND LOCAL 12, THE UNION. WHEREAS, the City of Iowa City, Iowa ("Lead Agency") has filed a Section 3 Mass Transportation Capital Improvement Grant Application for FY79 under the Urban Mass Transportation Act of 1964, as amended, to assist in the financing of capital equipment purchases of seven (7) 45 passenger coaches, two (2) 12-17 passenger lift - equipped small buses, and two (2) 14 passenger vans, as more fully described in the project application ("Project"); and WHEREAS, the University of Iowa CAMBUS Service, the City of Coralville Transit Division, and Johnson County SEATS, all provide transit service in coordination with the above-named Lead Agency; and WHEREAS, employees of the Lead Agency and the City of Coralville are represented by AFSCME Local 183, and some transit employees of the University are represented by AFSCME Local 12. Other student .employees of CAMBUS are not organized but operate under University policies and employees of Johnson County SEATS are not organized but operate under statutory rights and responsibilities for employees; and WHEREAS, Sections 13(c) and 3(c) of the Act require, as a condition of assistance thereunder, that fair and equitable arrangements be made, as determined by the Secretary of Labor "to protect the interests of employees affected by such assistance," including, without being limited to, the preservation of all rights, privileges and benefits under existing collective bargaining agreements or otherwise, the continuation of collective bargaining rights, the protection of individual employees against a worsening of their positions with respect to their employment, assurances of employment to employees of acquired transportation systems and priority of re-employment of employees terminated or laid off, and paid training and re-training programs in the event of termination or layoff, and WHEREAS, the normal procedure under the Act is for the applicant or employer of employees and the Union to assist the Secretary of Labor by agreeing upon such arrangements as will be fair and equitable to protect the interests of affected employees; NOW, THEREFORE, it is agreed that in the event that this Project is approved for assistance under the Act, the following terms and conditions shall apply: 1593 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES tIo IDES 2 (1) When used in this agreement: (a) "employees" shall refer to all mass transit employees in the service area including but not limited to employees of the City of Iowa City who are engaged in the operation of the Iowa City Transit systems, employees of the City of Coralville who are engaged in the operation of the Coralville Transit system, employees of Johnson County who are engaged in the operation of the SEATS system, and employees of the University who are engaged in the operation of the Cambus system. (b) "employer" shall refer to the City of Iowa City, the City of Coralville, Johnson County and the University of Iowa. (c) "Project" shall refer to the purchase of buses and vans as described in Exhibit A of this application. (d) the phrase 'as a result of the project' shall refer to events occurring in anticipation of, during, and subsequent to the Project, which shall be limited to the purchase and use of buses and vans by the cooperating agencies. (2) The Project shall be carried out in such a manner and upon such ' terms and conditions as will not in any way adversely affect employees represented by the union. (3) All rights, privileges and benefits of employees represented by the Union under existing collective bargaining agreements or otherwise shall not be adversely affected as a result of this project. (4) The collective bargaining rights of employees represented by the Union as provided by applicable federal and state laws as well as rules and policies of the Board of Regents or the University or the Public Employment Relations Board shall not be adversely affected as a result of the Project. The Lead Agency and other agencies subject•to this agreement agree that they will bargain collectively with f appropriate unions to the extent of their duty to bargain under federal and state laws and that they will enter into agreements with the Union or i arrange for such agreements to be entered into relative to all subjects of collective bargaining in accordance with federal + and state laws. i (5) (a) No employee shall be laid off or otherwise deprived of employment, or placed in a worse position with respect to compensation, hours, working conditions, promotional rights, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in the MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MofNES case of his or her resignation, death, retirement, dismissal for cause, failure to work due to disability or discipline. The Lead Agency or any other employer subject to this agreement shall have the burden of affirmatively establishing that any deprivation of employment from the above causes or any other worsening of employment position has not been a result of the project. In addition, an employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of a curtailment of federal work study funds or funds provided from student fees for the operation of the CAMBUS system provided that the University makes a good faith effort to obtain such funds. (b) The Lead Agency and other employers subject to the agreement shall not discriminate in hiring, tenure, or other terms and conditions of employment against any employee on the grounds of membership or lack of membership in any employee organization. Nothing in this agreement shall be construed as forfeiture or modification by the Union and/or the employees covered by this agreement of any rights or benefits under any other agreement or provision of law. (c) Any employee of the Lead Agency or other employers subject to this agreement who believes that he or she has been adversely affected in his or her employment as a result of this Project shall have the right to have that issue determined in a grievance proceeding. For employees of the Lead Agency and the City of Coralville the grievance proceedings shall be a negotiated contract procedure existing between the parties or any subsequent procedure negotiated as a result of collective bargaining for the resolution of grievances. Final and binding dispute resolution procedures are provided for in the AGREEMENT BETWEEN THE CITY OF CORALVILLE TRANSIT DEPARTMENT AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE XIV - A, SETTLEMENT OF DISPUTES, GRIEVANCE AND ARBITRATION PROCEDURES, effective July 1, 1978 and the AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE XX, GRIEVANCE PROCEDURE, effective July 1, 1978. For employees of the University of Iowa, the grievance proceeding shall be conducted pursuant to the Regent's Merit System Rules or any other applicable Board of Regents or University rules or procedures which may exist in addition to or in substitution thereof, including any procedures existing pursuant to any collective bargaining agreements negotiated pursuant to Chapter 20 and which covers the individual employee. For University employees that are covered by a collective bargaining agreement, final and binding dispute resolution procedures are provided for in MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (6) (a) the AGREEMENT BETWEEN THE STATE OF IOWA AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE IV, GRIEVANCE PROCEDURE, effective July 1, 1979. For University employees not represented by a labor organization, final and binding dispute resolution procedures are provided for in the UNIVERSITY OF IOWA OPERATIONS MANUAL, 20.300 Student Employee Grievance Procedure, effective June, 1979. Any employee of Johnson County who believes that he or she has been adversely affected in his or her employment as a result of this Project shall have the right to have that issue determined in a grievance proceeding. If that issue cannot be settled by the parties within 30 days after the dispute arises, either party may refer the dispute to the Secretary of Labor for determination. The determination of the Secretary of Labor or his designated representative shall be final and binding on the parties. Any employee covered by this agreement who is retained in the service of his employer, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his employment in order to retain or secure active employment with the Lead Agency or other employers of this agreement in accordance with this agreement, and who is required to move his place of residence, shall be reimbursed for all expenses of moving his household and other personal effects, for the traveling expenses for himself and members of his immediate family, and for his own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days. The exact extent of the responsibility of the Lead Agency or other employers of this agreement under this paragraph, and the ways and means of transportation, shall be agreed upon in advance between the Lead Agency or other employers of this agreement and the affected employee or his representatives. (b) If any such employee is laid off within three (3) years after changing his point of employment in accordance with paragraph (a) hereof, and elects to move his place of residence back to his original point of employment, the Lead Agency or other employers of this agreement shall assume the expenses, losses and costs of moving to the same extent provided in subparagraph (a) of this paragraph (6) and paragraph (7) hereof. (c) No claim for reimbursement shall be paid under the Provisions of this paragraph unless such claim is presented to the Lead Agency or other employers of this agreement within ninety (90) days after the date on which the expenses were incurred. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES EIOINES L (d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (e) Not withstanding the above, any employee of the University of Iowa required to change the place of his or her residence as a result of this project to retain or secure active employment with the University will be reimbursed pursuant to Article XI, Section 5 of the Agreement between the State of Iowa and AFSCME, AFL-CIO. (7) (a) No employee will be required to move more than twenty- five (25) miles as a result of this project. If such a transfer should occur and if a dispute over reimbursement for such involuntary moving or transfer arises which the parties are unable to resolve, the dispute will be referred to the arbitration clause of this agreement appearing in paragraph (5) (c) hereof. (b) Except as otherwise provided in paragraph (6) (b) hereof, changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (c) "Change in residence" means transfer to a work location which is either (A) outside the radius of twenty-five (25) miles of the employee's former work location and farther from his residence than was his former work location, or (B) is more than thirty (30) normal highway route miles from his residence and also farther from his residence than was his former work location. (8) This agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by reason of arrangements made by the Lead Agency or any other employer subject to this agreement to manage and operate the system. Any person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the management or operation of the applicable transit systems, shall agree to be bound by the terms of this agreement and accept the responsibility for full performance of these conditions. (9) In the event any provision of this agreement, is held to be invalid or otherwise unenforceable under federal, state, or local law, such provision shall be renegotiated between the parties for the purposes of adequate replacement under Section 13(c) of the Urban Mass Transportation Act of 1964. If such MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 40111CS 6 negotiation shall not result in a mutually satisfactory agreement, either party may invoke the jurisdiction of the Secretary of Labor to determine substitute employee protective arrangements which shall be incorporated into this agreement. (10) In the event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance, but shall be independently binding and enforceable by and upon parties hereto, in accordance with its terms. IN WITNESS THEREOF, the parties hereto have executed this agreement 9by their duly authorized representative(s) this /SCk day of A� 1979. CITY OF IOWA CITY, IOWA JOHNSON COUNTY AREA PUBLIC EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, n COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 AlItSI: A City Clerk BY: BY: /� �/L UNIVERSITY OF IOWA EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 012 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES L - 1 , AGREEMENTS/CONTRACTS Attached are � unexecuted copies of ,• #1 79- 386 r? —/,/ — 79 as signed by the Mayor. After their execution by the second party, please route 1) A FSCAC v) &yt /V! //e Z) AGSCA/ ; 7) e/1lv✓,<s/�iv1Fl / 3) Gt'Hfv.��i,/C[li ✓eo /�f�n✓ /�j�74,,!0!/ TEL 4) Z-0 Co.. Seeds c)) ✓�Pp>`• �ia�ar 5) ld PC• lti ore, kjr / is to be responsible for uu%T completion of this procedure. After receipt of originally signed document from you, a xerox copy will be returned to your office. Abbie Stolfus, CMC Clerk /City j i IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I RESOLUTION N0. 79-381 RESOLUTION WAIVING RESIDENTIAL SOLID WASTE, OOLLECTION FEES FOR QUALIFYING LOW INOYYtE RESIDENTS, BE IT RESOLVED DY THE CITY OF IOWA CITY, IOWA: 1• The residential solid waste collection fees shall be waived for qualifying low inccrne residents and households. Z• To qualify for the annual waiver, all residents of a household must: a) be eligible under the low income criteria of one of the follow- ing programs: Supplementary Social Security Benefits, Title XX Program, ADC Program, Food Stamp Program; or, b) qualify for a reduction in the previous years property tax Pursuant to the Iowa Disabled and Senior Citizen property Tax and Rent Disbursement Claim Program. 3• Application for the waiver shall be accepted from July 1 through August 31st of each year; however, the effective date of the waiver shall extend retroactively to July 1st of that year. 4• The waiver shall be effective for one year, and renewal applications shall be made from July 1st through August 31st of each year. 5• The waiver of fees established by this resolution shall be effective retroactively to July 1, 1979. It was moved by deProsse that the Resolution as read be ado ted an roll call there d seconded by Pe_ r_ rem_ P , and upowere: AYES: NAYS: ABSENT — y Balmer XDeProsse x Erdahl X x Neuhauser X Perret Roberts x Vevera Passed and approved this 14th day of August 1979 A1ayor fro ter, ATTIST:4CitW'Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES BECETVED & Ar'ir"7 BY JE LEGAL DEFAMMENT 1694 ADVERTISEMENT FOR BIDS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A. M.— on the 14th day of Au ust 1 9 an opened imme tate y therea ter y t e ity Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on August 14, 1979 , or at suc ater time an p ace as may then a fixed. The work will involve the following: An asphalt surface with the necessary leveling and miscellaneous construction,on streets, two alleys, and two parking lots; a bituminous seal coat with surface treatment and miscellaneous construction on streets; a base repair with surface treatment and miscellaneous construction on streets; All work is to be done in strict compliance all within the City of with the plans and specificationsprepared by Iowa City, Iowa. is Dennis S. Gannon, P.E., Civil Engineer of Iowa City, Iowa, w ave heretofore been' approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construc- tion", Series of 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank and filed in a sealed envelope separate from the one containing the proposal, and in the amount of $ 15,000 made payable to the City Treasurer o the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ! ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or L more bidders may be retained for a period of not to exceed fifteen (15) days until a contract i is awarded or rejection is made. Other checks will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications% Article 1109.06. AF -1 1$95 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMES The :__cessful bidder will be require. 1) furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and,save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one 1 year from and after its completion an acceptance by the City. The following limitations shall apply to this project: Completion Date October 19, 1979 Liquidated Damages $100.00 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Eugene A. Dietz, P.E. , City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. � U/ I L e �)& Abbie Stolfus City Clerk of Iowa City, Iowa AF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MINES I I u I :ai;i!ei!?!fat.?. it7: i,(1 •nr11ST:? ;i!i Ti°Viii:;�; i.::,:,;t:!, .:!i;;!:;1•; Printersfeei CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which Is hgrgto_attached, was published In said paper times, on the following dates; IJ4,6, 27 19171 �l Cashier Subscribed and swam to before m�ectthis � day of A.D. 1911—. N tory Pubtic M MEYER No�iln tl , � .,:,�f! n'• ':: V.S!1,SICN LXPiR6S ! iFi•ii 6fiitd 30. 1979 MICROFILMED BY JORM MICROLAB MAR RAPIDS -DES 1101I1E5 OFFICIAL PUBLICATION nOi1CC Of ApYE4p5pSFi fag 1105 ' Sealed nldl .111 N wtlead at Iha Olflte of : 14 la. teNrleeet of rr"W'tatlon. Are% aha , "y""'t M, bine,, betll 900 .^. en the Aatn day ofaBolt.,1979 aha oiahad InrNIANI/ i ,IMreemr tat . - r4 South Gilbert Stmt L'p,avnant MJoct mr•4-amllll••uu•u .. TM ,.ort NII Imel Ye 1.709 .11., of nn caNcrwttan Imialiq but mt IIn11M to M o,rel. r side.alb, ,lam .w . aM lovidenlal 9ndIM. '- lor, atoll "t ,vin that the 419bry of ` aha When Sheet Inlercetlla. Portio. of the f MjKt 1411 be t IeNd be MY.-t*r 15. 1119. and the rewlnJrr of the pnJeet by Auaatt 1. 1 W. •Soca ProoaN 1411 to ,utnite.ad on 1 fen furnlla d by the State and mst be accmo,nlN by a aid .aunty In the &n unt of SMOW.N. Plant 'sJ ,pp;lflcatlan, are awllabl4 f� %,e I law Lahorinn,t of iramtvrNaan, Mn• low, far . vau+lmllea W bidkn. . - ror form' in fonatloa c,ht.t the law Moart• rent of rr,vxrtatien, Contrattl Mw,bovnt. he,. low. /PNna M. 1'S151GJi•I414.. _. i City of I... City. low °j 7i1 �sfYi!�u caci . o r Clert of law fib. low ._._ ._ July -77, tvn CONTRACT THIS AGREEMENT, made and entered into this dl Qday of Q ,,,1.1 f , 197X by and between the City of Iowa City, Iowa, party of the first past, h�ere-inafter referred to as the "Owner" and G party of the second part, hereinafter Terred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 36d day of ( 19/ for the FYSO Asphalt Resurfacing Project under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: I. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed below: CF p515 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 610IIIE5 n I I. CF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIORIES ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY PRICE AMOUNT DIVISION 1: ASPHALT OVERLAY OF VARIOUS CITY STREETS (EXCEPT RIVERSIDE DRIVE) AND TWO (2) ALLEYS 1. Surface course, type A Tons 1596.9 34.00 54,294.60 (3/8" mix) 2. Leveling course, type A Tons 1708.6 34.50 58,946.70 (3/8" mix) 3. Tack coat Gal. 1943.9 1.00 1,943.90 4. Asphalt removal Sq. Yd. 247.1 5.50 1,359.05 5. Manhole adjustment Each 14 275.00 3,850.00 6. Catch basin adjustment Each 6 500.00 3,000.00 Sub Total (Division 1) = 123,394.25 ALTERNATE 1B: ASPHALT OVERLAY OF RIVERSIDE DRIVE 1. Surface course, type A Tons 98.0 34.00 3,332.0 (3/8" mix) without synthetic fibers 2. Leveling course, Type A Tons 96.6 34.50 3,332.70 (3/8" mix) without synthetic fibers 3. Tack coat Gal. 125.0 1.00 125.00 4. Asphalt removal Sq. Yd. 26.7 5.50 146.85 5. Manhole adjustment Each 1 275.00 275.00 6. Catch basin adjustment Each 2 500.00 1,000.00 Sub Total (Alternate 1B) = 8,211.55 CF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIORIES ITEM DESCRIPTION UNIT ESTIMATED gUANTITY UNIT PRICE EXTENDED AMOUNT Tons DIVISION 2: ASPHALT OVERLAY OF TWO (2) CITY PARKING LOTS 75.00 1. Surface course, type A (3/8" mix) Tons 94.2 44.00 4,144.80 2. Leveling course, type A (3/8" mix) Tons 165.3 44.00 7,273.70 3. Tack coat Gal. 174.0 1.00 174.00 4. Asphalt removal Sq. Yd. 79.5 5.50 437.25 .36 7,286 12 Sub Total (Division 2) = 12,029.25 DIVISION 3: CHIP SEALING VARIOUS CITY STREETS I. Asphalt patching Tons 1.0 75.00 75.00 2. Binder bitumen Gal. 21,970.3 1.00 21,970.30 3. Cover aggregate Tons 1,098.5 17.50 19,223.75 Sub Total (Division 3) = 41,269.05 DIVISION 4: SCARIFYING, PRIMING, AND CHIP SEALING ROHRET ROAD I. Scarify, pulverize, Sq. Yd 20,267.0 .36 7,286 12 reshape, and recompact 2. Prime Gal. 5,066.8 .80 4,053.44 3. Binder bitumen Gal. 6,080.1 .80 4,864.08 4. Cover aggregate Tons 304.0 14.00 4,256.00 Sub Total (Division 4) = 20,469.64 Total Extended Amount (Divisions 1, 2, 3, 4 & Alternate 1B) = 205,373.74 . 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: I CF -3 I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOLLIES I i t I I , r I i i' i. i i a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, Plus current special provisions and supplemental specifications. C. Plans d. Notice of Public Hearing and Advertisement for Bids. e. Special Provisions f. Proposal g. This Instrument. i The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. 5. Alternate 1B (asphalt overlay of Riverside Drive without synthetic fibers) has been chosen instead of Alternate IA. CF -4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES i i I J! 1 t i' L i I I i I I i IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor Seal By aZl'l all (J« -t om - (Seal) B (Title) Mayor (Title) ATTEST: ATTEST: O (Title) City Clerk Title Sac_i r ¢cr�c. (Company Official) CF -5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOINES PERFORMANCE AND PAYMENT BONG KNOW ALL MEN BY THESE PRESENTS THAT L. L. PELLING COMPANY, INC., Iowa City Iowa 7—ere insert the name an as rle!lal t to le of the Contractor) a Principal, hereinafter called the Contractor and UNITED FIRE $ CASUALTY _COMPANY, Cedar Rapids, Iowa _ as Surety, hereinafter (Here insert tY,e Zeoal title of the 1,Y) called called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as oblioee, hereinafter called the Owner, in the amount ofTwo Hundred Five Thousand, Three Hundred Seventy Three and 741100 Dollars ($205,373.74) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19-71, entered into a Contract with Owner for.... I FY80 Asphaltic. Resurfacing Project In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if I j Contractor shall promptly and faithfully perform said Contract, then the ' obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. j B. Whenever Contractor shall be, and is declared by Owner to be, in 1 default under the Contract, the Owner having ' �! g performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: f PB -1 i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DFS MONIES I. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of We Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to kee the im r.ovem covered by this bond in good repair for a period of �yeart�q from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PB -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES k 3 i IT IS A FURTHER CONDITION OF THIS OBLIGATION that, the principal and Surety shall, in accordance with provisions of Chapter zo73 of the Code of ' Jowa pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS DAY OF CLc Q --,,A.D., 1g7y 1N THE PRESENCE Of: L. L. PELLING COMPANYINS, C__ <_ r r7m1 W tness tie) _ UNITED FIRE & CASUALTY COMPANY urety Witness e Title) orney-in-Fact and Iowa Resident Agent 0 I PD -3 j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIMEs i un UN D FIRE & CASUALTY COMPANY HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on rite at Home Office of Company _See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY and existing under the laws of the State of Iowa, and having its Principal sdtute and a Pal office in LTYCedarC MPA State of Corporation does duly organized appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Theresa Juhl, or Veronica Monaghan, ma4e,con- 8 , or Lowell Zapf, all individuallyiermuth, or of Waterloo, Iowa its true and lawful Attorneys) -in -Fact with power and authority hereby ful bonds, undertakings and other obligatory instruments of similar nature as follows: d n, 9 seal and execute in its behalf all law. --Any And All Bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire March 1 Pursuant to the This power of Attorney is made and executed pursuant to and bY 1981 unless sooner revoked. authority of the following By -Law duty adopted by the Board of Directors of the Company an April 18, 1973. Section R, A I. from time ties of tens., n Mae, a tho Of authority Nal the ,eat of the c, Vany MAY At any pou'uorn. 'ae,awu4rt 3 p�OA/ORAit: e- ?� SEAL-' :e "Article V — Surety Bonds and Undertakings," Autha• ,e earttneab me to Attach of the com. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this is t day of March ,A•D•1979 '•,'va„a, A�,••'' UNITED FIRE b CASUALTY e ofneons„ n COMP`A / Stele of Iowa, County of Linn, is: By On this 1stice President to me known, who beindaYof March 1979 g by me duly worn, did depose and amore me personally came Richard J. President of the UNITED FIRE & CASUALTY COMPANY,. h that he resides in Cedar Rapids, State execute 'that th t hof Ehlinger e is a Vice mens; that su knows the seal of said corporation; that the seat affixed to the said instrument is such corporate seal; that a was u. the corporation described in and which executed the above instru• affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.so a. RtcttVtrorR // �/ miter er 3 300 t7C; Notary Public My commission expires September 30, 1980 1, the undersigned officer of the UNITED FIRE CERTIFICATION going copy of the Power of &CASUALTY COMPANY, d said Power of Attorney, Attorney and affidavit, and the copy of the Section of the 8y certify that I have compared the tore. R with the ORIGINALS ON FILE IN THE BY -Laws of said Company correct transcripts thereof, and of the whole of the said originate, and that the said Power of P y as set forth in is now in full force and eflect. NOME OFFICE o er f COMPANY, and that the same . „„ouun, me are cAsust"', In testimony w Attorney has not been revoked and Y hereof I have hereunto subscribed my name and affixed the corporate seal of the said aW/taAratntiq= ?�o\SEAL MCompany this �aagst( day of CCS 19 Unc) 4698b s`�sis�nt Sec etary MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOf11Es FORM OF PROPOSAL FOR THE FY80 ASPHALT RESURFACING PROJECT CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER Name of Bidder N a✓ Address of Bidder -Z-4 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder,submits herewith bid security in the amount of S 5 0� 00 _ in accordance with the teens set forth in the "Standard Specl Tat ons", Article 1102.12. The undersigned bidder,.having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda — and and do all.work at the prices re na ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or suns cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT DIVISION 1: ASPHALT OVERLAY OF VARIOUS CITY STREETS (EXCEPT RIVERSIDE DRIVE) AND TWO (2) ALLEYS 1. Surface course, type A (3/8" mix) Tons 1596.9 2. Leveling course, type A Tons 1708.6 3y -;;-o n1�9+6.1u (3/8" mix) I 3. Tack coat Gal. 1943.9 %.too 4. Asphalt removal Sq. Yd. 247.1 S`,S o 5. Manhole adjustment Each 14 -1-1b.u0 3gtio.M 6. Catch basin adjustment Each 6 4s%c u 3000,x(, Sub Total (Division 1) = l -z.3 3y uF ZS P-1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ITEM DESCRIPTION UNIT ESTIMATED UANTITY: UNIT PRICE ALTERNATE 1A: ASPHALT OVERLAY OF RIVERSIDE DRIVE I. Surface course, type A Tons 98.0 ' `N uo (3/8" mix) with synthetic fibers 2. Leveling course, type A Tons 96.6; Sy ,eo (3/8" mix) with synthetic fibers 3. Tack coat Gal. 125.0 4. Asphalt removal Sq. Yd. 26.7 S 5. Manhole adjustment Each 1 c 6. Catch basin adjustment Each 2 b'Uf.100 Sub Total (Alternate 1A) _ ALTERNATE 18: ASPHALT OVERLAY OF RIVERSIDE DRIVE 1. Surface course, type.'A Tons 98.0 (3/8" mix) without synthetic fibers 2. Leveling course, type A Tons 96.6 - 'Lj. 0 (3/8" mix) without synthetic fibers 3. Tack coat Gal. 125.0 4. Asphalt removal Sq. Yd. 26.7 S 'T - o S. Manhole adjustment Each 1 6. Catch basin adjustment Each 2 S`o0,oc ` Sub Total (Alternate 1B) _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES EXTENDED AMOUNT Sz 1 b ,LTL, (Zq ,%b •Z�� roc \Z c`z!. :Ls - V -A S �33Z.,W W ro ,gS WOO,oc '9--y- \► .ss- ITEM DESCRIPTION ESTIMATED UNIT EXTENDED UNIT qUANTITY PRICE AMOUNT DIVISION 2: ASPHALT OVERLAY OF TWO (2) CITY PARKING LOTS 1. Surface course, type A Tons 94,2 y� `ILA-it (3/8" mix) UO `kI 2. Leveling course, type A Tons 165.3 `AA ,00 1-I13'l c (3/8" mix) 3. Tack coat Gal. 174.0 L{ ,Ly, 4. Asphalt removal Sq. Yd. 79.5 Sub Total (Division 2) r DIVISION 3: CHIP SEALING VARIOUS CITY STREETS Iz,� �• z� 1. Asphalt patching Tons 1.0 ' sojo 2. Binder bitumen Gal. 21,970.3 \.00 'Z-1 `t`(c , 3o , 3. Cover aggregate Tons 1,098.5 �1.,�c k9 I Sub Total (Division 3) DIVISION 4: SCARIFYING, PRIMING, AND CHIP SEALING ROHRET ROAD y 1. Scarify, pulverize, reshape, Sq Yd 20,267.0 and recompact .1 Y • i2. Prime Gal. 5,066.8 le 40 :-tat 3. Binder bitumen Gal. 6,080.1 ,150 y�V ` ! 4. Cover aggregate Tons 304.0 �'�,00 L{-t-%� ab Sub Total (Division 4) = Total Extended Amount (Divisions 1, 2, 3, 4 d Alternate 1A) = _ZG z y4 I, ? Total Extended Amount (Divisions 1, 2, 3, 4 b Alternate 1B) i I i I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: / ` L L By • (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL MME OF ALL PARTNERS �.0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110INES ,kc- : RESOLUTION NO. 79 -382 -- RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE F 8 ASPHALT RESURFACING PROJECT IN inWA riTV WHEREAS, L. L. Pelling Co., Inc. the above-named has submitted the best bid for project. the construction of i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the contract for the construction of the above-named project is hereby awarded to L. L. Pelling Co., Inc. for Div. 1 2 $205,373.7 . 3, 4, and Alt. 1B at awardee secure adequate performance bond and insurance certificates. that 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Perret that the Resolution as read be adoptedand and seconded by dePrOSSe , upon roll call there were: � AYES: NAYS: ABSENT• x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 1i}L day of A "'U , 19 79 A�� MAYOR r0 crn��`"� ATTEST: . "�� CITY CLERK , Received $ Approved BYhs Legal Department s �-ii-� 1595 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IWIIIES `City of Iowa Cit^ DATE: August 14, 1979 TO: City Council FROM: Eugene Dietz, City Engineer RE: FY80 Asphalt Resurfacing Project Bids were received on August 14, 1979, for the FY80 Asphalt Resurfacing Project. As seen on the attached bid tabulation, L. L. Pelling Company, Inc., was the low bidder. Therefore, I recommend that this project be awarded to L. L. Pelling Company, Inc., for that work entailing Divisions 1, 2, 3, 4, and Alternate 1B. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES A rlt JORM MICROLAB CEDAR RAPIDS•DES MOINES � E oil rlt JORM MICROLAB CEDAR RAPIDS•DES MOINES JORM MICROLAB CEDAR RAPIDS•DES 11011JES MILMUHMU OT JORM MICROLAB CEDAR RAPIDS•DES molfIE5 JORM MICROLAB CEDAR RAPIDS -DES IIOf11C5 I 111 1 � �eeemn�mm JORM MICROLAB CEDAR RAPIDS -DES IIOf11C5 I RESOLUTION NO. 79-383 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SUNSET STREET IMPROVEMENT PROJECT WHEREAS, Metro Pavers, Inc., of Iowa City has submitted the bent bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Metro Pavers, Inc. of Iowa City at $29,958.00 , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14thday of August , 19 79 ATTEST: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES by The Legal Department ' Ity of Iowa city— MEMORANDUM Date: August 14, 1979 i To: I City Council From: Eugene Dietz, City Engineer Re: Sunset Street Improvement Project Bids were received on August 13, 1979 for the Sunset Street Improvement Project. As seen on the attached bid tabulation, Metro Pavers, Inc, were the low bidders, $1,152 under the engineer's estimate. Therefore, it is recommended that the bids be awarded to Metro Pavers, Inc. bdw2/1 Enclosure i i 1 � 1 - 1 I , i i I i I I 11 4 I E 1 , r [ , Y i I 'V r I1 f i MICROFILMED BY JORM MICROLAB j CEDAR RAPIDS-DES 6I0IHEs m MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M011IES 1594 I'1 Lu N M Q S pw„S F C w <^� y � � 0 w o m F Z y � z 11 5 Sry O µ7 �p J LU M 4�yB �FCiNF \ O �°N z a - yz CLM s A t o LU z N N& Ct M F I O o N Q 3 y z V F jO1 00\ O H 0 Q 03O 0 LU N O d. O I NDt Q W). o M w Q= v N E.., s1 01 c1 0 y M � F 0� o � C o a a v v ac F IY LUen U. U ^ 6 z U3 N N � N F U MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M011IES 1594 "ity of Iowa MEMORANDUM Date: August 14, 1979 1 To: City Council I From: Eugene Dietz, City Engineer Re: Sunset Street Improvement Project i Bids were received on August 13, 1979 for the Sunset Street Improvement Project. As seen on the attached bid tabulation, Metro Pavers, Inc. were the low bidders, $1,152 under the engineer's estimate. Therefore, it is recommended that the bids be awarded to Metro Pavers, Inc. bdw2/1 1 Enclosure r :.-- --- - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIES i i i I { i i { i I i i I r :.-- --- - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIES JORV §I(§OLAB CEDAR mmm,me, .. § §. \� \ � � ®! \ k �!. $ _ \� �n. § k $ j1,J 0 \B k� Jk r / \ 2®_§ PA \ n f8 k / § / C\3 ~ . ?. 14 N 2 � / Z ) § _§ ƒ / -,rj� cd � LU § § co k a \ / \ §u u * ® R JORV §I(§OLAB CEDAR mmm,me, ADVERTISEMENT FOR BIDS r. Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 on the 13 day of August , 1979 , an opened imine late y therea ter y t e ity Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on August 14 9 , or at suc ater time an p ace as may then be fixed. The work will involve the following: The construction of 7" thick P.C.C. paving with necessary execavation and some pavement removal on Sunset Street south of Benton Street along with the removal and replacement of storm sewer inlet tops. All work is to be done in strict compliance with the plans and specifications prepared by Eu ene A. Dietz Cit En ineer , o Iowa City, owa, w 1c aveheretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construc- tion", Series of 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank and filed in a sealed envelope separate from the one containing the proposal, and in the amount of $ 2300.00 made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 ►596 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Li The s,...cessful bidder will be requireL o furnish a bond in an amount equal to one hundred percent (100'X) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five 5 years from and after its completion an acceptance by the City. The following limitations shall apply to this project: Working Days Completion Date � c o OF - 1e 1979 Liquidated Liquidated Damages nluu•uu per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Eugene A. Dietz , City Engineer o Iowa City, owa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. C % i Abbie Stolfus City Clerk of Iowa City, Iowa AF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40IIIES I � I j i I J I Ir i e i— i i r j CONTRACT THIS AGREEMENT, made and entered into this �� day of 192; by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and _BETRo PVERS, Z"Nc. party of the second part, hereinafter referred to as the "Contractor% WITNESSETH: That whereas the Owner.has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 17th day of July , 19 79, for Sunset Street Improvement Project under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for aids. /5Q( MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES e. Special Provisions f. Proposal ' g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. V ' 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor Seai)\ (Title) Mayor ATTEST: ATTEST: (Title) City Clerk (Title) ?� iompa�fficial) CF -2 157Jj MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :IOIMES I I . f i I r ; j i j i CF -2 157Jj MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :IOIMES I FORM OF PROPOSAL SUNSET STREET IMPROVEMENT PROJECT CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE 00 NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Metro Pavers. Inc Address of Bidder 1722 Stevens rsiv- Tnva r�+y� Tnvag244 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $2 0000 in accordance with the terms set forth in the "Standard Spec scat ons", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda and and do all work at the prices ere na ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". P-1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY PRICE AMOUNT 1 Pavement, Standard P.C. Sq, yds. 2275 $12 !!L0 vb $ zZ/ C Concrete Class C, 7" _ 2 Removal of Pavement Sq. yds. 161 $—ley h-0 $O� 7yRR. 3 Remove b Replace Storm Each 2 $ Sea 00 $ Xe Inlet Tops TOTAL EXTENDED PRICE $ 2 211 i P-1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES fl The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: (Seal - if bid is by a corporation PARTNERSHIPS: FURI ALL PARTNERS By f` I' 1 i i I i 1 fI 1 1 i i The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: (Seal - if bid is by a corporation PARTNERSHIPS: FURI ALL PARTNERS By a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Id01NES 1. � t fl •�3'i�._��'t' y � ocord ,... f t NAM( AND ApORCss Of AGENCY Tm LaRelr4kamck-Condon CO. COMPANIES AFFORDING COVERAGES 907 Ihlwst Street - �y� Deal Holmes, Moisq, Iors SO309 `OMitINY AIowa National Mutual Ina. Co. COMPANY B --_ ETHER NAME um ADURESS or INSURED ---- MRtre !a"re, Inc. LE MER" C P. 0• boot 2S1 Is= City, Ione 522110 COMPANY LETTER COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and arc in force at this time. COMPANY LETTER TYI'f OF VIJURANEE PDI ICY 11UMBER IY)I ICY Lm bO1La IIII oT OUsdn aloud) IACP MCUm!(NCE _ AG;NRLV[ IV911AtION DATE GENERAL LIABILITY — A ^ CCC80 128 502 4/25/80 110DII Y INJURY 1500 $500 RCOMPunIINSIVr FOWA �PRIMISLS-OPCRAt10NS rAPLOSmN Alm CDU APSE PROVLRIY DAMAGE l 200 1 200 WANT) UNDERGROUND HAZARD R PRODUCTSA:OMPLETCD -- OPIRATIONS IWARD IIDIIILY INJURY AND IAI1f.I I' IMF'[ IIT Y DAMAGE f $ EIROADAIORMI 1,01-j BIIDAU IORIA I'IrUP1111Y OPIAAf.I COIAPIN(D �1 Well "Pull EON111"'IOUS �PIIC.ONAI III AIRY PERSONAL INIURI f5Q0 A AUTOMOBILE LIABILITY OCUMPIO)III61V( CCC60 128 602 4/25/80 IL[TODAY I I INJURY $250 ` 10111A ROOILY $500 OWNED (EACH ACCIDENCIOLN T) HIRED 1•IIO1nR Y DAMAGE $ yy NON -0W NI U IIOOILY INJURY AND $ PROPERTY DAMAGE EXCESS LIAOILITY COMIONED A CXL48 113 158 4/25/80 OODILYTNJLIaY AND T.Illat FORMrye PROPERTY DAMAGE $1x000 11,000 0t11f 1i r11IH AN IIIAIIIIEIIA FORM COMBINED WORKERS' COMPENSgTION A and MC30 466 127 4/25/80 sraru*oar EMPLOYERS' LIAOILITY 1 1 00 uAcu..uNNn OTHER DESCRIPTION Or OPr RANON&TOCATIONSNn11CLCS , Sunset Street I"rovement Project Cancellation: Should any of the above described policies be cancelled before the expiration dale thereof, the issuing cone- pany wit mail Is- days written notice to the below named certificate holder, illlP,(i�l9tltk� fl'x7ilCfl' NAME ADI Afll)rlrs Of CtITT RICA I (IIOT Of I! DATE ISSUED._Auwmt-20,-1979 CITY OF MU CITY, IMA LI1 IR-MtA,OC[-COMDOW CO. jb AUTIIn TIEPRR f1 A� 1 IIT �I a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Id01NES PERFORMANCE AND PAYMENT BOND 8386,932 KNOW ALL MEN BY THESE PRESENTS THAT Metro Pavers, Inc. Iowa City, Iowa (Here insert the name and addreav or legaZ title a t e contractor a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company Here insert the legat title of the Surety as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa,.as obligee, hereinafter called the Owner, in the amount of TWENTY NINE THOUSAND NINE HUNDRED FIFTY EIGHT AND N0/100 1 Dollars ($ 29,958.00--- ---------) for the payment whereof Contractor and r1 Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ANa"J 19 79 , entered into a Contract with Owner for ... Sunset Street Improvement Project In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof,•and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then 1 the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner be, f to in default under the Contract, the Owner having performed Owner's PB-1 Ak i / �v i I MICROFILMED BY^ JORM MICROLAB CEDAR RAPIDS-DES 140111ES Obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1, Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with'its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even.though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The.Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five (5) years from the date ofacceptance of the improvements by the Owner. 0 PD -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES 0 D. No right of action shall accrue to or for the use of any person ox corporation other than the Owner named herein or the heirs, executors-, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 20th DAY OF August A.D., 1979 IN THE PRESENCE OF: METRO PAVERS, INC, �krAincipa itss 17 ' t e - ` �e4/ itnes MERCHANTS MUTUAL BONDING COMPANY urety ( >t e 4 torney-in-Fact PB -3 MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES MOINES �9L • MERCHANTS MUTUAL BONDING COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know AD Men"' en By'ntese Nnems, Thal the MI'P(nIAMS NU(11A1. PIINUINtI l'IINI!x9Y. a t'orporatlon July urpanilCJ Under the laws of Ne State of Iowa, and having its principal olfitt in the City of Des Mline,. county of Polk. State of Iowa, hath mule, constituted and appointed, and does by Ihesc presents make, comtinute and appoint INDIVIDUAI;j' C.B. Condon, G.A. LaMair II, Carl jr. Dant Jr., Japes E. Ik on, Janes F. Norris, F. Melvyn Hr��betz of ?4{ and State of Iowa and suth�y hereby con erred in its mune, Place and stead, to sign.its Inde and lawful r i nit, behalf as with full power ex<cul<, acknowledge and deliver in its belulf as surety: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of CNE MILLICN DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL. BONDING COMPANY thereby as fully and to the same extent as if such bund or undertaking was signed by the July audasriled officers of the MERCHANTS SIUTUAI. BONDING COMPANY, and ;dl the acts of said Attorney, pursuant to the outhnrity herein given, are hereby ratified and continued. This PoweCOf•Allorney is made and executed pursumt lu and by authority of the following By.Uiw adopted by the Ilsmrd of Oireclnn of the MERCHANTS biuTUAI. BONDING COMPANY. ARTICLE :, SECTION 3A.. "the Ch:uim,m of the BIXVJ or P,csidenl or any Vice I}csidenl or Secretary shill have power and authority to appoint Allomcys•in•Facl, and bd authorize them Io excctne on hehalf of the Company, and allach the Seal of the Company there,,), bonds and undertakings, recognisances, contracts of indemnity and other writings Obligatory in the nature thereof." In Witness Whaenf, 161ERCIIAN'tS MUTUAL IIONDING COMPANY has causal dlevc presents m be signet by its 1'msidem and Vice President, and ih corpm•Jte seal m be Im¢lo alfised. this 22nd Jay of may Attest: A.D., 1979 AI ERCT LA NTS M U'FUA I_ BONDING COMPANY Ily Vill /naJmr STATE. OF IOWA 7 COUNTY OF POLK I is, on this 22nd day of May and William Warner, lu meng It 7ey i . lefoe me appeared W.W. Warner lively of the MERCHANTS hfUTUAL BONDING ICJA COMPANY, the coy Inc duly rrporation Jeserilwd in tile rfnreguingn n trnnnenl,InnJ the hr Sad affixed hs the said instrument is the Curpurlle Seal of the said C'upusndiun ;nd Ilcrt IIIc said indnment inns signed and sealed in behalf of said COrporllion by authority of its Iloard of Ilirecuus, In •Festimuny Whercol. 1 have haeumu rel my hand and afftxeJ first above written. by I Ifficial Seal, al the City Of Iks Alpines, Iowa the Jay and year c T /h4 ly fA sor,,.nnn,,,nr:,p,rs 9-30-81 v „„,,., ♦� STATE OF IOWA 41A �, % COUNTY OF I'UI_K I, William Warner, Vice I'residem of the Afl:RCIIAN'I'S MUTUAL. IIONDINC that the above sual foregoing is ;I Ione and concct copy of Ills I,OW1iR OF MERCHANTS IIONDING COMPANY, which is still in force ;mJ effect. In Witncss Whereor, I terve hertumo scl my Hand ;tad afftxeJ the sad of dlc Cunllxosy, ul this 20th day of August 19. 79 Cr This Power of auomey expires Until Revoked MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /5V 0 M COMPLETE & RETURN TO MR. HAYNIE (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The Council of Iowa City, Iowa. Date of Meeting: August 14, 1979 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Construction warrant proceedings in connection with the 1979 BDI Second Addition Improvements, �fXli'dFi(d{IX�tl(KdgXX8CXY16Itl6%1IX171]Hg(X@)Ari�(KYXVHIO(YI6YKXA�II6IBU( I Resolution directing the delivery of construction warrants. Such additional matters as are set forth on the addi- tional j 8 pages(s) attached hereto. (nm eru) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. i � r Clerk, Iowa C ty, owa .. I voln AHLERS, COONEY. DORWEILCR, HAYN IES SMITH, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1597 Council Member Roberts introduced the following I Resolution entitledIREIRE OLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Roberts, Balmer, deProsse, Erdahl, Perret NAYS: None ABSENT: Neuhauser, Vevera Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 79-384 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT I WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract i provided that payment to the contractor or contractors, and (j others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: i i. Cedar Hill on truction $ 12,825.40 j $ I $ I I I -2- I I AHLERS, COONEY• DORW EILER. HAYNIE A SMITH. LAWYERS, DES MOINES. IOWA i i .I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIIIES W7 i i 5 and r WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY i OF IOWA CITY, IOWA: 1 That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second 1 Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT i l 01 Cedar Hill Constr. $12,825.40 rj I i I r i I! I ! I j ' I i i IJL. it -3- j I 1 AMLERS, COONEY. DORWEILER, HAYNIE a SMITH, LAWYERS, DES MOINES, IOWA 1 f 1 II 1 1 MICROFILMED BY� JORM MICROLAB TCEDAR RAPIDS•DES I101PIES PASSED AND APPROVED, this 74th day of All Ust 19 79 9 , M r ro� em ATTEST: A/1 GGL ��J Clerk - (SEAL) -4- AHLERS, COONEY, OORWEILER. HAYNIE 6 SMITH, LAWYERS, DEB MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES i -4- AHLERS, COONEY, OORWEILER. HAYNIE 6 SMITH, LAWYERS, DEB MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES No. 01 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS $ 12,825.40 CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Cedar Hill Constr. Of Oxford Iowa , its successors or assigns, tem o£—X12,825.40 , wit interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series, of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated June 21 , 19 79, and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk with t e seal of said City affixed as of the L day of --' 1971). (SEAL) 0 CITY • IOWA CITY, IOWA ATTEST• + Mayor I Cle—S/ _ r _.._ This instrument resented and not paid for want of funds this la day of i Cit Trea rer ANLIRI. COON IT, DORWEIL IR. MAYN It h SM IT N. LAWY Eli @. Des MOINEI, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES IF 11 ASSIGNMENT The attached Construction Warrant in the amount of is hereby assigned to , In conideretion of receipt by the undersigned from said assignee of the sum of $ Dated this day of _, 19 {� q (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHL[RS, COONEY, DORWLIL[R• HAYHIT • SMITH. L.AWYLRI. DES MOIN[6, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES i Y yJAa RE,o,� State OI Nbua MSV SECRETARY OF STATE foecretarp of btate J. MERMAN SC HW EIKER ;Des; Jfloinefs DEPUTY SECRETARY OF STATE October 3, 1979 Abbie Stolfus City Clerk City of Iowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement - City of Iowa City and City of Tiffin Housing Authority I Dear Ms. Stolfus: I We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1979 Code of Iowa, You may consider the same filed as of October 3, 1979. Very s'ncerely, p� "_. JHS/d' 7(� HERMAN SCHWEIKER Deputy Secretary of State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES ;A, RESOLUTION NO. 79-385 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THE CITY OF TIFFIN, IOWA. WHEREAS, Chapter 403A of the Code of Iowa confers upon every municipality certain powers in the field of low tent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more muni- cipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operat- ing a housing project or projects; and WHEREAS, Chapter ZEE of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency in this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the. Code of Iowa, the City of Iowa City and the City of Tiffin wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City limits of Tiffin, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor be authorized to execute and the City Clerk certify a copy of said Agreement. j It.was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I x Balmer x de Prosse x Roberts x Neuhauser x Perret x Erdahl x Vevera Passed and approved this 14th day of August 1979 InEIv a A APPROVED DY !ice LAQ DEPART10f --ej 15V MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES a, AGREEMENT '111IS AGREEMENT, entered into by and between the City of Iowa City, Iowa, hereinafter called Iowa City and City of Tiffin, hereinafter called Tiffin. WHEREAS, Chapter 403A of the Code of Iowa confers upon every muni- cipality certain powers in the field of low rent or subsidized hous- ing; and WHEREAS, Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers out- lined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, con- structing, or operating a housing project or projects; and WIIERF:AS, Chapter 2811 of the Code of Iowa provides that tiny power exer- cised by a public agency of this state may be exercised and enjoyed jointly with tiny other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28F: of the Code of Iowa, Iowa City and Tiffin wish to enter Into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City Limits of Tiffin. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and Tiffin as follows: 1) TERM: That the term of this Agreement shall commence with the date of this Agreement and shall continue un- less terminated as provided herein. 2) TERMINATION: That this Agreement may he terminated by either party giving notice to the other in writing as proscribed in this Agreement 180 days in advance of the date of the proposed termination. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIMES -2 - Upon receiving notice of termination, the Iowa City Housing Authority will make no new contracts for housing assistance. The termination date for all housing assistance previously contracted for shall coincide with the terms of the individual rental lease. 3) OPERATION: • The Iowa City Housing Authority will administer the program in accordance with the Rules and Regulations established by the Department of (lousing and Urban Development and the Annual Contri- butions Contract entered into between Iowa City and the Department of (lousing and Urban Development, a. copy of which Annual Contributions Contract is attached hereto and made a part of this Agreement. Nothing contained herein shall prevent the adoption of more stringent requirements by Tiffin. The lown City (lousing Authority is hereby granted the power to perform inspections of any dwelling unit in a housing project in order to ensure compliance with the housing quality standards established by the Depart- ment of Housing and Urban Development. This inspection may be performed by agents of Tiffin and a certification issued that the standards have been met. 4) COSTS: All costs incurred as a result of this program will be borne by the program as provided for in the Annual Contributions Contract. 5) NOTICES: All notices required by this Agreement to he made to Iowa City shall he made by mailing, by ordinary mail, a letter to the Iowa City (lousing Authority, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. All notices required by this Agreement to be made to Tiffin shall be made by mailing by ordinary mail, a letter to the Mayor of Tiffin. All notices shall be effective upon re- ceipt by the addressee. Nothing contained in this para- graph shall prevent additional or other notice being given and giving notice which would exceed the requirements of this paragraph. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES - 3 - 6) OBLIGATIONS NOT EXCUSED: This Agreement does not relieve Iowa City or Tiffin of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely performance there- of by the Iowa City (lousing Authority, said perform- ance may be offered in satisfaction of the obligation or responsibility. 7) FILING AND RECORDING: This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. DATED TIIIS DAY OF � �; , �/I ,. ,./", 1979, CITY OF IOWA CITY; IOWA CITY OF TIFFIN, IOWA ATTEST: Ox;o ti '(!jJ ATTEST: Ab ie Stolfus, Citf Clerk Adel& S. Kern, City Clerk lLCiIVI� A A14 hut— a UWL DlSPIOTtff,HT i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES I The ':'lffin ;:lty Council met in rc,ular sussiun on 'Wednesday. September 12, 1979 at th-? Tiffin United Methodist Church. Maycr Formanck began the community forum at 7:30 p.m. Lngineer for Bill Grace addressed Council concerning proposud annexatlun. No formal action was taken. Mayor Formanek called the meeting to order at 7.48 p.m. Council members present were Potter, Morgan, Padden and Stratton. Also present: Mike Kammerer. Lloyd Williams was sworn in as council member at 7:50 P.M. to fill seat left vacant by resignation of Richard Sheridan. Motion by Potter, second by Stratto4 to approve minutes of August 8, 1979. Carried. Motion by Madden, second by Morgan, to approve clrek-treasurer's reports, Carried. Police will direct traffic at Clea' Creek football games. Police instructed to bring copy of Muscatine's curfew ordinance to next meeting. Motion Potter, second by by Morgan, to purchase Mita 500D dry copy machine with 1800 sheets of paper included for $1353.15. Carried. City will make copies for the public at rate of 101E per copy. Approval given for following reapirs to be made: leak in roof of water building, hole in floor of pickup truck, broken rail on crosswalk at highway M6, broken sidewalks at Railroad and Main and Summerhays and Second, hole in culvert on Second Street, rip in tractor curtains. Potter will make arrangements to spray mosquitoes if conditions do not improve soon. Potion by Potter, secant! by Morgan, to approve rezoning of 1.13 acres of land two-tenths mile north of highway N6 on east side of Roberts Ferry Road as requested by glint Johnson for the purpose of building a house at that location. and authorizing mayor to sign necessary documents. Carried. Barbara Murray Instructed to check Into the possibility of staggering the length of council members' terms. Clerk instructed to write to League of Iowa Municipalities for samples of ordinances regulating soliciting. Motion by Potter, second by Madden, to approve Street Finance Report for fiscal year 1978-79 for Road Use Tax money. Carried. Mution by Morgan, second by Potter, to authorize mayor to sign the Agreement between I City of Iowa City and City of Tiffin allowing the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within city limits of Tiffin. Roll call voter Potter, aye; Morgan, ayes Madden, aye; Williams, ayes Stratton, aye. I Crdinance concerning parking on private property without owner's permission tabled until next month. Clerk instructed to distribute emergency numbers to citizens. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIEs Minutes September 1:', 1079 cantinuted Motion by Strattun, second by Madden, to approve city map as amended at July meeting. Carried. Motion by Madden, second by Stratton, that zoning ordinance be given first reading and that the rule that an ordinance must be received and filed at least two meeting prior to the meeting when the final action is taken be dispensed with. Roll call voter Potter, aye; Morran, aye; Madden, aye; Williams, aye; Stratton, aye. Zoning ordinance given first reading. Motion by Potter, second by Morgan, that the zoning ordinance be placed upon passage and adopted. Roll call voter Potter, aye; Morgan, aye; Madden, aye; Williams, aye; Stratton, aye. Motion by Potter, second by Morgan, to approve bills and receipts. Carried. Motion by Madden, second by Stratton, to adjourn at 10135 p.m. Carried. Ade S. Kern, CleK-Treasurer Roge Forma Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES I TOWN OF T I F F I N TIFFIN, IOWA 52340 July 12, 1979 Mr. Lyle C. Seydel, Housing Coordinator Sec. 8 Housing Assistance Payment Program Iowa City Civic Center 401 E. Washington Street Iowa City, Iowa Dear Mr. Seydel, As a result of your presentation to the Tiffin City Council at its regular meeting on July 11, the Council approved a motion to enter into an agreement with the Iowa City Housing Authority concerning the Sec. 8 Housing Assistance Payment Program. Please consider this letter as an application for agreement for participation in the program and take the necessary steps to Initiate an agreement. If further information is needed from the City of Tiffin to initiate the agreement procedures, please contact me at 645-2617. Tiffin's next regular council meeting is August 8. Please contact me before that date if you have anything to report to the Council at that time. Thank you for your cooperation. Sincerely, �..j 4u„o City Clerk, City of Tiffin IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 1598 .ice City of Iowa Cil MEMORANDUM DATE: August 2, 1979 Neal Berlin, City Manager TO: City Council FROM: Lyle G. Seydel, Housing Coordinator RE: Cooperative Agreement (28E) Tiffin 1. At the request of Barbara Murray, Johnson County Regional Planning, I attended a meeting of the Tiffin City Council on July 11. The Section 8 Existing Housing Program was explained and a 28E Agreement (Cooperative Agreement) was discussed. The attached letter from the City Clerk, City of Tiffin, is a request that the City of Iowa City consider entering into.a Cooperative Agreement with that community. 2. The Code of Iowa provides that two or more municipalities may jointly exercise powers. The City of Iowa City currently has Cooperative Agreements with Coralville, University Heights, Riverside and the Board of Supervisors for the Unincorporated areas of Johnson County. Inclusion of Tiffin in the area authorized for making Housing Assis- tance Payments will enhance housing choice for eligible households. The Iowa City Housing Authority is the only Housing Authority in Johnson County capable of performing this service. Performing this service will not cost the city of Iowa City as the Administrative Pee paid through the Section 8 program supports all costs incurred. 3. The attached Cooperative Agreement is proposed. Please note that required inspections will be made by the Housing Authority. The inspection is performed to ensure that the minimum housing quality standards established by [IUD are being provided prior to payment of rental payments. The Agreement also includes a hold harmless clause. 4. The Housing Commission has in the past recommended this action. The staff recommends approval and adoption of the Resolution. LGS/cf FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 2j City of Iowa City MEMORANDUM DATE: August 9, 1979 TO: City Council FROM: Paul Glaves, Development Coordinator RE: Urban Renewal Parcel 93-3 The City has received a request that Anna and Robert Rath, the redeveloper of Urban Renewal Parcel 93-3, be allowed to sell the parcel to the Breese Co., because they have concluded that they are unable to proceed with development as originally set forth in their offer to purchase. Attached to this memorandum are letters from Anna Rath and from the Breese Company requesting that the sale be permitted. Without commenting on the full extent of the legal remedies which the City might have in this matter, it appears to me that the City has essentially two options. Option 1 would be to call the redeveloper in default, to forfeit the redeveloper's deposit ($1,450), to retake title to the property, and to again place the land on the market. Following the subsequent sale of the land, the City would be entitled to deduct from the purchase price the expenses of the remarketing and to refund the balance to the redeveloper. The second option would be to allow the transfer of interest from Anna and Robert Rath to the Breese Co. A review of the background concerning this parcel leads me to the conclusion that approving the transfer of interest is in the best interest of the City.The parcel has been placed on the market on three occasions. The first time the parcel was placed on the market no bids were received. The second time the parcel was placed on the market, Old Capitol Associates submitted a bid, but the bid was contingent upon their receiving the parcel now occupied by Pentacrest Garden Apartments. The third time the property was placed on the market bids were received from Anna and Robert Rath and from the Breese Co. In light of the previous difficulty in marketing this parcel, I do not have confidence in the success of a rebidding effort. As explained in the letter from the Breese Co., they wish to purchase the parcel from Anna and Robert Rath for the purposes set forth in their original offer to the City submitted on June 9, 1978. A resolution approving the transfer of interest in this parcel from Robert and Anna Rath to the Breese Co, is included on the agenda for the meeting of August 14. Specifically, this resolution provides written agreement by the City that the contract between the City and the Raths can be assigned to the Breese Co. Further, the resolution provides the City's consent to the sale of the property to the Breese Co. at a purchase price of $15,000. The.purchase price at the time the Raths purchased the property from the City was $14,500. As explained in the letter from Anna Rath, attached to this memorandum, the costs to date in attempting to develop the parcel have exceed $2,000. The increase in price of $500 has been discussed with the Legal Department and they do not believe that this constitutes any violation of the language of the contract, which specifically states that the consideration payable for such a transfer shall not exceed an amount representing the actual cost of the original redeveloper including carrying charges. The resolution specifically provides that nothing in the resolution modifies the contractural obligations of the City or the Breese Co, except as specifically 1598 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111ES City Council August 9, 1979 Page 2 explained in the resolution. The resolution contains the provision that the Breese Co.'s obligation to construct improvements shall be governed by their offer sub- mitted .July 9, 1978, rather than improvements ns specified in the Rath offer submitted in 1978. The effect of this contract modification is that the Breese Co. would be obligated to develop the parcel as expansion of their parking area but would not be obligated to construct the two story building as proposed by the Raths. I The staff strongly recommends the adoption of the resolution. PG/ssw Attachments MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES THE BREESE CO., INC. I'WA CITY. IOWA 31240 pts/ 337.2137 July 31, 1979 Paul Glaves Director of Urban Renewal City of Iowa City j Civic Center Iowa City, IA 52240 Good Morning, Paul: This is to confirm our agreement to purchase Urban Renewal parcel number 93-3 located at the corner of Madison and Court Streets from Anna Rath for the sum of $15,000.00 and, further, to develop said parcel as proposed in our bid dated June 9, 1978. The above is subject to merchantible title to the parcel and review and acceptance of any and all new or revised'terms and conditions which govern Urban Renewal property in effect since the time we were so advised with materials received for review prior to our June 9, 1978 bid. jb cc: Anna Rath �omasl R. Breese General Manager ��EEiE'S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1548 '.= C#nn i 1 Fact 25ey Budding t?ornet of e1lnton and Oowa dive. d0wa e/ty, 6owa 12240 _Miwne: 397-7979 August 2, 1979 Mr. Paul Glaves Director of Urban Renewal City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mr. Glaves: This letter is a request to sell Urban Renewal parcel 93-3 to the Breese Co. Since your acceptance of my bid, I have discovered that it would be impossible for me to develop the parcel within the specifications of sly bid while keeping construction costs at anything close to a financially viable level. I purchased the 93-3 parcel for $14,500.00. 1 intend to sell it for $15,000.00. The extra $500.00 is an attempt to defray the $2,000.00 in design work and interest costs that I have incurred. Thanking you in advance for your assistance, I am, sinc rely Anna Rath MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES k ,. RESOLUTION NO. 79-386 RESOLUTION APPROVING A TRANSFER 017 INTEREST IN URBAN RENEWAL DISPOSITION PARCEL 93-3 FROM ROBERT AND ANNA RA971 TO THE BREESE CO.., INC. WHEREAS, the City of lows City, Iowa, a municipal corporation, did enter into a Contract for Sale of hind for private Redevelopment with Anna and Robert Rath on September 5, 1978, which contract was recorded on September 8, 1978, at Book 56, Page 230 in the records of the Johnson County Recorder, for the Purchase of Urban Renewal Disposition Parcel 93-3, more particularly described, to wit: The west 40 feet of the south 100 feet of Lot 5, Block 93, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. and; i WHEREAS, the City has received a request that the City of Iowa City approve a transfer of interest in said parcel from Anna and Robert Rath to the Breese Co., Inc.; and, WHEREAS, Section 503 of said Contract prohibits such a transfer of interest without the express written approval of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: j I. The City of Iowa City, Iowa, hereby consents to the assignment of the interest of Anna and Robert Rath, assignors, in the Contract for Sale of Land for Private Redevelopment dated September 5, 1978, which Contract is recorded at Book 56, Page 230, of the records of the Johnson County Recorder, to the Breese Co., Inc., assignee,rop vided that nothing contained herein shrill serve to limit, or modify any of the rights, obligations or remedies of the parties under the Contract, their successors or assigns, except as expressly modified herein. 2. The City of Iowa City, Iowa, hereby consents to the conveyance of title in fee simple of the following described real property to wit: The west 40 feet of the south 100 feet of Lot 5, Block 93, Iowa City, .Johnson County, Iowa, ;recording to the recorded plat thereof, from Anna and Robert Rath to the Breese Co., Inc. The purchase price for said conveyance shall be the sum of $15,000, which purchase price i is deemed not to be in violation of the provisions of Section 503(b)4 of said Contract. 3. The City of Iowa City, Iowa, hereby agrees, that upon assignment of the Con- tract to the Breese Co., Inc., the Contract is modified as follows: The Redeveloper's obligation to construct improvements as called for in the agreement shall be governed by and fully conform to the Offer to Purchase Land for Private Redevelopment submitted by the Breese Co., Inc., to the City of Iowa City, dated June 9, 1978, which Offer to Purchase and Statement of Offeror's Development Proposal attached thereto is attached hereto and by this reference incorporated herein. /5?? MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Res. #79-386 -2_ H BE IT FURTHER RESOLVED that upon adoption, this Resolution shall constitute express written approval of the transfer of interest set forth above, as called for in Section 503(b)2 of the Contract. It was moved by deProsse and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer M deProsse �- Erdahl _ x Neuhauser Perret jRoberts Y Vevera Passed and approved this 14th day of August 1979. I Mayor prp,tel i I 1 ATTEST: OIL, ka, City Clerk RECEIVED & APPROVED 8Y LLGAL DEPAR'PIIERT. C i I r, ( j i I I. i 1 I I i i I i f I r I i .I I. !� MICROFILMED BY ^� JORM MICROLAB I CEDAR RAPIDS-DES MOIRES THE BREESE CO., INC. P.O. •01 ,,,) IOWA CITY. IOWA 22240 I3I9) 227.2127 Mr. Neal G. Berlin June 9, 1978 City Manager City of Iowa City Civic Center Iowa City, IA 52240 RE: Offer to Purchase Land for Private Redevelopment City of Iowa City, Urban Renewal Dear Mr. Berlin: The undersigned developer, hereinafter referred to as the "Offeror",a corporation, f.46asaxahaxaakaxaxafxkhaxdxxcimpxxkaxixgxixxxkikxI hereby offers to purchase, develop and use the lands below described in conformity,with Federal and State statutes and local ordinances and regulations, to wit, that area known as Urban Renewal Parcel Number 93-3. i $88aaaxdiapaaktiaaxpaxcaixaaollaxa� from the City of Iowa City, hereinafter referred to as the "City." The i terms of the offer are as follows: i (1) The Offeror acknowledges receipt from the City of a copy of the City -University Urban Renewal Plan, hereinafter referred to as the "Plan," which plan has been duly approved and recorded in the office of the City Clerk of the City, the proposed form of Contract for the Sale of Land for Private Redevelopment, hereinafter referred eb as the "Agreement," and a copy of the Prospectus containing the ifistructions'for submitting an offer to purchase property for redevelopment. i (2) The Offeror agrees to purchase from the City the referenced parcels at, the pq ce,hereinafter set forth in accordance with the pro- visions of the Plan, and Agreement as attached to this offer, PARCEL NO(s). PRICE OFFERED 93-3 $14,500.00 I I Cn making this offer, the Offeror acknowledges that he:lW= has become familiar with the project site and the provisions of the !flan, the Prospectus, and the proposed Agreement, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES Mr. Berlin Page 2 dune 9, 1978 (3) It is agreed that this offer shall remain open for a minimum of ninety (90) days from the final date for delivery of offers, (as specified in the prospectus), and shall remain in force thereafter until withdrawn by the 01'feror in writing, and that the City may reject any and all offers, and may waive any irregularities therein. (4) Thb Offeror transmits herewith a certified check in the amount of $ 1,450.00 payable to the order of the City of Iowa City, Iowa, being a good faith deposit of no less than 10% of the price offered for the Disposition Parcel(" for which this proposal is made, zr If this proposal is rejected, the good faith deposit will be re- turned to the Offeror in the manner provided for in Section 11 thereunder. If this Proposal is accepted, the good faith deposit will be held by the Finance Director of the City of Iowa City as security for the performance of and subject to City Council de- claration of forfeiture in the breach of performance of the obli- gations of the Offeror pending execution of the Agreement referred to in Section 5, Ihereunder,•and such check may be deposited in an account of the City in a bank or trust company selected by it. The City of Iowa City shall be under no obligation to deposit in such atf account, or to pay or earn interest on the deposit, but if interest thereon is earned pursuant to such deposit such interest when received shall be promptly paid to the redeveloper. Such deposit will be held by the City as such security for performance until such time as substitute security is provided under terms of the agreement referred to in Section S hereunder following execution .of such agreement. (Sj If this offer is recommended for acceptance, the City must ad- v&tise its intent to sell by a 30 day legal notice before furnish- ing the Agreement for execution by the Offeror. Upon notification of acceptance of this Proposal in the manner provided for in Section (1) hereunder, the Offeror agrees to perform the remaining conditions of this offer and thereafter to execute an Agreement and return it to the City, to make any sub- stitute good faith deposit required thereby, and to complete the purc4ase of the Disposition Parcel(M in the manner set forth in the Agreement. It is agreed that the Offeror shall not assign or transfer to any other party any interest in this offer prior to notification of formal acceptance or rejection by the City Council of Iowa City, Iowa. It is further agreed, in the event that this offer is agcepted, that the Offeror shall not, prior to or after execution oP the Agreement, assign or transfer any interest in the Agreement, assign or transfer any interest in the Agreement without the written consent of the City Council of Iowa City. The City Council of the City of Iowa City reserves the right to require of any proposed assignee or transferee the same Statement for Public Disclosure, Statement of Qualifications and Financial Responsi- bility and narrative setting forth the developers experience, required of the original Offeror. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES Mr. Berlin "1 Page 3 June 9, j78 (G) In the event this offer is accepted by the City Council of Iowa City and the Offeror fails or refuses to perform the remaining conditions of this I'roposal- :md to execute an Agreement within one hundred twenty (120) days after the date of notification thereof, or sueh extension of time as may be granted by the City, the City may terminate all rights of Clio Offeror hereunder, and, in such event, shall retain the good faith deposit of the Offeror as liquidated damages by reason of the breach and the City may proceed with other arrangements or plaits for the sale of the Disposition Parcel") to which this offer relates. (7) The Offeror warrants that no person or agency has been employed or retained by the Offeror to solicit or secure the acceptance of this Proposal upon an agreement or understanding for a commission, percentage brokerage, or contingent fee •iSifMAliJB$ttltxsMBxtiaYYaaxaa Offeror states and represents that no person or agency claiming to be employed or retained by the City contacted the Offeror with reference to the proposed sale of the subject land.aihaxxihaaxRkS BaKKaaxiagxxx(cYRx N=Xatkixxxthsuxxkaxtdi:txx]LxaffxampiaxQats)cxxlxkzx MY,"* Itis agreed that the City of Iowa City, Iowa shall not be liable For any obligations incurred by the Offeror for commissions, per- cetitages, brokerages, contingent or other fees of -any kind relating to this Proposal. For breach or violation of this warranty, the City shall have the right to annul its acceptance of this offer, or the contract to rise thereupon. (8) It, is agreed that the deposit of the Offeror may be refunded by the City and that the City may withdraw from the sale of the Disposition Parcel at any time prior to conveyance of title and possession of said property by reason of the City of Iowa City, Iowa being enjoined or prevented from so doing by any order or decision or act of any judicial, legislative, or executive body !raving authority in the premises. It is further agreed that the City shall have no liability for failure to deliver title to such disposition parcels, for the reasons stated above or otherwise, to the redeveloper after making a good faith attempt to do so. (9) It is expressly agreed and understood by the Offeror that the City is making no representations with respect to soil conditions, structural conditions, subsurface conditions, and the like and further that the Offeror is making no reliance upon any studies of such conditions posessed by the City and that the Offeror has inspected the site for which this offer is being made and has satisfied itself as to the conditions of both the surface and sub- surface of the site. Further, it is agreed that the City has MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES hl r. Der lin Page 4 .lune ,, 1978 permitted access to the Offerur for the purpose of making soil testing, borings and the like. 1111) The Offeror transmits herewith, fur the approval of the City Rixa two (2) Akk rupius each of the fol lawinf; documents• NyatkgxrtcJKX=uxtcadaixarlxX a. This Offer. Ik. R�kdas�cka�ns:acDscBarncsaecxccR�Zkkkks�Ikl�n9cx�sctxKl;arttaSxkxKasperrsx >zkotkxka�xx C. Redevelopers Statement for Public Disclosure. d. A written narrative which sets forth the development which is proposed, as called for in tl17l qt maxg3 the Prospectus. e. A written narrative which sets forth the developers experience as called for in "NAW411t the Prospectus. f. A complete but unexecuted Contract For Sale of Land For Private Redevelopment. r E g. A written narrative which sets forth and explains in full detail any and all additions, deletions, or any other modifi- cations to the form of Agreement as provided by the City. (11) It is agreed that acceptance or rejection of this offer shall be made by depositing such acceptance or rejection in.the United States Mails addressed to the Offeror at the business address set forth below. Submitted this 9th day of June 197 8 T11E BREESE COMPANY, INC. j NAME OF FIRM OR INDIVIDUAL (type or print) i BY:Edwin E. Breese yySigig��gnature in Ink.) (Type name after signature,) i ! President ! ! TITLE type of print) 324 South Madison Street i BUSINESS ADDRESS (type or print) Iowa City Iowa 52240 CITY STATE (type or print) ZIP i 337-2137 BUSINESS TELEPHONE NUMBER (type or print) IOWA STATE OF INCORPORATION (type or print) i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 THE BREESE CO., INC. P.O. MOX aq IOWA CITY. IOWA 03340 1310) 0374137 June 9, 1978 STATEMENT OF OI`FER9R'S DEVELOPMENT PROPOSAL f URBAN RENEWAL PARCGL NUhIBER 93-3 I The Breese Company, Inc. proposes to purchase and develop Urban Renewal Parcel Number 93-3 as a customer parking lot as shown on the attached "Proposed Development Plan". i Said parking lot development will provide up to ten (10) parking stalls. It will be landscaped in accordance with City of Iowa City ordinances and regulations. i At some future date, The Breese Company, Inc. may construct a building on Urban Renewal Parcel Number 93-3 as an i addition to the building located on adjoining property and owned by The Breese Company, Inc. TFIE BREESE COMPANY, INC. I i by / E win E. Breese, President- MICROFILMED resi entMICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOINES U7rj C PROPOSED DEVELOPMENT PLAN UR6AI RENEWAL PARCEL. 93-3 � PREPAREC Ado SUSHI -MCP By THE BREESE CO., INC. I "- 16- O" 5-23-78 1 COURT STREET MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 41011IES City of Iowa City MEMORANDUM DATE: August Ill, 1979 TO: City Council fj(j� FROM: Paul Glaves, Development Coordinator / O RE: City Plaza Use Fees A resolution establishing fees for the use of City Plaza is included on the agenda for the Council meeting of August 14. The issuance of permits for the use of City Plaza is governed by Ordinance No. 78-2894, adopted by the City Council on May Ib, 1978. A copy of this ordinance is attached to this memorandum, for your reference in considering the fee schedule attached in the resolution. Section 10 of the ordinance provides that fees shall be established by resolution by the City Council. Several categories of permits are permitted by the City Plaza Ordinance. Section 5 provides for the issuance of motor vehicle permits. When a business is located along City Plaza that does not have access to any other right-of-way, the ordinance allows the issuance of a continuing permit for the purposes of loading and unloading at that business. The ordinance also permits the issuance of a temporary permit upon a showing that it is necessary to operate a motor vehicle within City Plaza. Because in the limited instances where motor vehicle permits are allowed, the need is caused by the fact that there is no other street available, the staff recommends that motor vehicle permits be issued without charge. Section 7 of the ordinance specifies uses permitted in City Plaza. While there is a rather extensive list of uses set forth in Section 7, they can be classified into four categories for the purpose of establishing fees. These are mobile vending carts, ambulatory vending, sales or vending of a temporary or occasional nature, and cultural or entertainment exhibits or events where no sales occur. The basis for each of the fees set forth in the resolution under consideration is set forth below. The purposes for issuing permits in City Plaza are set forth in Section I of the ordinance. In establishing the fees it is necessary to strike a balance between the use of fees to control the nmount of commercial activity which takes place in City Plaza in a manner which is fair to the permittee and is also fair to competing merchants located in permanent buildings within downtown Iowa City. A. Mobile Vending Carts. The procedures which govern the use of mobile vending carts are set forth in the ordinance. The operation of a mobile vending cart for commercial purposes clearly allows the vendor to take advantage of a substantial public investment in City Plaza. Additionally, a mobile vendor will carry out commercial activity in competition with other businesses located in the Central Business District. Therefore, the staff recommends, and the resolution contains a fee for an annual permit for mobile vending carts at $250 per year. This level of fee is not intended to recapture the public investment in City Plaza but is intended to roughly correspond to a fair market rent of the space occupied by the mobile vending cart. The fee is based on the assumption 1600 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES City Council Angust Ill, 19741 Page L that the operation of mobile vending carts will be of a seasonal nature and will not take place more than approximately six months per year. B. Ambulatory Vending. Based on the same rationale as the fee for mobile vending carts, the fee for ambulatory vending is recommended to be $100 per year. C. There are numerous requests to use City Plaza for the purpose of temporary or occasional sales of merchandise, hand crafted items, food, and other items. Because the City's investment in City Plaza has created the atmosphere which makes this kind of use particularly attractive, it is appropriate, in the judgment of the staff, to charge a fee for the use of the Plaza for this type of commercial activity. The resolution establishes this fee at $10 per day, which in our judgment is nominal in relation to the considerable returns which can be made through the use of City Plaza as a commercial location. D. Cultural or entertainment exhibits or events where no sales occur con- tribute to the vitality and atmosphere in City Plaza and are specifically encouraged in the ordinance. The staff recommends that where no commercial activity, and no sales of merchandise, is carried out in connection with such exhibits or events thetpermit be issued free of charge. I have made no attempt to differentiate between casual sales of merchandise by worthy, non-profit organizations, from casual sales by artisans and vendors who may substantially earn their livings through street vending because the fee for temporary or occasional sales is established at a nominal level. Whether or not sales of merchandise are permitted under the permit is a clear cut, testable, matter of fact. Whether or not sales of specific items by specific individuals is particularly worthy or not becomes a matter which is highly subjective. To attempt, in the permit process, to make a differentiation on the basis of the nature of individual seeking to sell merchandise becomes administratively unworkable in my judgment. I have not included in the resolution a provision which allows the City Manager to waive fees. If the Council believes that such flexibility is appropriate, the resolution should be amended prior to adoption by the addition of an additional sentence stating that the City Manager is hereby authorized to waive fees, when in his judgment such waiver is warranted. As set forth in Section 10 of the ordinance, it is anticipated that the fees established by resolution may need to be adjusted from time to time. The ordinance specifically charges the City Council with periodically reviewing and revising the fees as appropriate. The staff recommends that fees for the use of City plaza he established as set forth in the resolution under consideration. The staff does, however, recognize that as we gain experience in administering the provisions of the City Plaza ordinance it may be necessary to revise either the fees or the provisions of the City Plaza ordinance. PG/ssw Attachment MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIBES N I r RESOLUTION N0. 79-387 RESOLUTION ESTABLISHING FEES FOR CITY PLAZA USE PERMITS WHEREAS, the City Council of Iowa City, Iowa, did on May 16, 1978, adopt Ordinance No. 78-2894, which ordinance governs the use of City Plaza; and, WHEREAS, Section 10 of said ordinance provides that fees for permits for use of City Plaza shall be established by Resolution. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Iowa City, Iowa, that the following fee schedule is established for permits issued for the use of City Plaza: 1. Motor Vehicle Permit a. Continuing No charge b. Temporary No charge 2. Mobile Vending Cart $250 per year 3. Ambulatory Vending $100 per year 4. Sales or vending - temporary or occasional $10 per day 5. Cultural or Entertainment exhibits or events, where no sales occur No Charge It was moved by Erdahl and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X_ Balmer .X_ deProsse —x Erdahl x Neuhauser �L_ Perrot x Roberts x Vevera Passed and approved this 14th day of_ Auqust 1979. Mayor pro n ei m ATTEST: A�� City Clerk/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIRES RECEIVED & AFTRC7D BY THE LEGAL UE7AR'I' lc^1T 1600 RESOLUTION NO. 79-388 RESOLUTION APPOINTING ROBERT H. BOWLIN AS SPECIAL ASSISTANT CITY ATTORNEY. WHEREAS, Assistant City Attorney Robert H. Bowlin has acted as the responsible attorney for Ch�icag_o, Rock Island and Pacific Railroad Company v. Cit of Iowa Cit Iowa, Johnson County q'uity No. 42535, a case invoN n� -Cit�s rights in a Far—king lot behind the Iowa City Recreation Center, and WHEREAS, Mr. Bowlin will terminate full time employment with the City on August 1, i 1979, and WHEREAS, all legal work on the case except argument on appeal will have been completed by the time Mr. Bowlin terminates his full time employment, and WHEREAS, it would be in the best interest of the City to have Mr. Bowlin conduct the oral argument, given his familiarity with the case. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Robert H. Bowlin is hereby appointed a special assistant city attorney for the purpose of arguing the above-named case on appeal, and shall be an employee of the City for this purpose. 2. Mr. Bowlin shall be paid at the rate of $35.00 per hour for his time spent.on this matter. 3. In addition, Mr. Bowlin shall be compensated for his out of pocket expenses incurred in the course of this employment. It was moved by and seconded by deProsse that the resolution as read be acloptea, an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl i--7'—Neuhauser x Perret X Roberts _7'—Vevera Passed and approved this 14th day of August 1979 ::ZUK P_ro IoM ATTEST: j� IYC GLLKK FL:�:YzD & AF;R07ED BY T'f LEGAL DEPARTMENT /hal MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES B RESOLUTION NO. 79-389 RESOLUTION AMENDING BUDGET AUTHORIZATION NO. 78-128 FOR THE SENIOR CENTER WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject lely on the action of the City Council referred to as management personnel, J, WHEREAS, it is necessary to amend the FY80 budget as authorized by >Olution No. 78-128: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: ;olution No. 78-128 be amended as follows: I. Establishing one (1) Program Specialist position in the Senior Center in Grade 13. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August 1979. —_:Z::�M yo Proytam ATTEST: •RECEIVED 1 APPROVED BY .TIE LEM DEPARTIIOTT � Z MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES i6o,;. i 0 City of Iowa Ci" -.I MEMORANDUM Date: July 30, 1979 Ei To: Cathy Eisenhoenhofer, Purchasing Agent From: Patricia S. Brown, Director of Human Relation Re: Position Reclassification Per your memo of July 25, 1979, the position reclassification of Blythe Adams from Account Clerk range 2 to Senior Clerk Typist range 3 is approved. Her new salary per the salary administration guidelines should be grade 3 step C which is the equivalent of $864 per month. If there are any questions please don't hesitate to contact me con- cerning this reclassification. jml/8 � I i , i i -;I r i City of Iowa Ci" -.I MEMORANDUM Date: July 30, 1979 Ei To: Cathy Eisenhoenhofer, Purchasing Agent From: Patricia S. Brown, Director of Human Relation Re: Position Reclassification Per your memo of July 25, 1979, the position reclassification of Blythe Adams from Account Clerk range 2 to Senior Clerk Typist range 3 is approved. Her new salary per the salary administration guidelines should be grade 3 step C which is the equivalent of $864 per month. If there are any questions please don't hesitate to contact me con- cerning this reclassification. jml/8 RESOLUTION NO. 79-390 RESOLUTION AMENDING A SALARY, COMPENSATION AND CHANGING POSITION TITLE FOR A CLASSIFIED EMPLOYEE AND PROVIDING FOR A POSITION CHANGE. WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and, WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: i 1. The elimination of one budgeted Account Clerk position in the Finance Department, Range 2 of the Classified Pay Plan. 2. The addition of one Senior Clerk Typist position in the Finance Department in Range 3 of the Classified Pay Plan. f It was moved by deProsse and seconded by Erdahl j that the Resolution be adopted, and upon roll call there were: ! I AYES: NAYS: ABSENT: I x Balmer x deProsse x Erdahl — i _ x Neuhauser x Perret x Roberts — x Vevera Passed and approved this 14th day of August 1979. p MAYORPRO / ATTEST: ! w PXCEIM N App"OV D. City Clerk B% Ix" D i /6 03 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES "'unty Johnson' RESOLUTION NO. 79-391 RESOLIJTICN CN ACQUISITION OR DEVELOPMENT FOR OUTI=R RECP=ICN UNDER THE IAND AND WATER CONSE WICN FUND PROGRAM WPiERPAS, THE The Ci tv of Iowa Citv, Iowa is interested in (Name of Agency) acquiring lands or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of Iowa City, Iowa and the State of Iowa: project Title Park Shelter for Hickory Hill Park Total Estimated Cost $ 23,200.00 Brief Description of Project: The City of Iowa City proposes to purchase and construct a shelter with water and toilet facilities. The shelter would be located at Hickory Hill Park (97.5 acres) located off Conklin Lane. Construction work will be performed by city employees. AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THE[W=, be it resolved by the City of Iowa City that the project described above be authorized, AND, be it further resolved that said City of Iowa City make application to the State Conservation C.rnmission to seek Land and Water Conser- vation Fund financial assistance from the Heritage Conservation and Recreation Service in the amount of 50 % of the actual cost of the project in behalf of said City of Iowa City AND, be it further resolved by the City of Iowa City that it certifies to the following: 1. That it will accept the terns and conditions set forth in the HORS Grants -in - Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. i SCC-L&WCF-1 Revised 12/70 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES 1605 .r 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the State Conservation Commission. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Iowa City for, public outdoor recreation use. 4. That no financial assistance has been given or promised under any other Federal program or activity with regard to the Proposed project, except that a portion of the local matching funds for this project shall care from block grant funds under Title I of the Housing and Comnmity Act of 1979. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the IowaCity City Council at a legal meeting held on this 14th day of August 19 79 l Signaturg Signature � Title Title T IIID b AUROVED 4100 L1]lIl DEPARTMT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ?JoIMES 0 Page 2 Resolution No. 79-391 that It was moved by deProsse and seconded byca t ere were: the Resolution as rea e a op e , and upon AYES: NAYS: ABSENT: x Balmer x deProsse Erdahl x x euhauser x ferret x � Roberts x Vevera 1979 . Passed and approved this 14th day of Ai:"S _, � - 1 ATTEST: L MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 6I0IMES i I i +I 1 i I i i j ij j � I j 1 i I 1 I 1 ! i Page 2 Resolution No. 79-391 that It was moved by deProsse and seconded byca t ere were: the Resolution as rea e a op e , and upon AYES: NAYS: ABSENT: x Balmer x deProsse Erdahl x x euhauser x ferret x � Roberts x Vevera 1979 . Passed and approved this 14th day of Ai:"S _, � - 1 ATTEST: L MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 6I0IMES i ■ A RESOLUTION NO. 79-392 RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT. Iowa WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with City Community t School attached tothisResolutions and tbyathisy refere ceomadecaof said cntrat bpart hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with the Iowa City Community School District, conforming to Chapter 28E of the Code of Iowa, Joint Financing of Facilities. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Piet and seconded b that the resolution as read be adopted, and upon rollro— cs— 1 there se were: AYES: NAYS: ABSENT: x Balmer — -x deProsse —x Erdahl _i_Neuhauser — x Perret —� Roberts xVevera Passed and approved this ] th day of—.19 August { �y..,,79. ORProTtm 7 '�L-- ATTEST: CITY CL RK RECF.ZVFD S APPROVED BY THE LEGAL DEPARTMT /60(� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES COOPERATIVE AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation duly authorized, organized, and existing pursuant to the laws of the State of Iowa located in Johnson County, Iowa, hereinafter called City, and the Iowa City Community School District, a corporate body situated in Johnson County, Iowa, hereinafter called School. WITNESSETH WHEREAS, it is the purpose of the parties hereto to provide education and recreation services which will contribute to the general recreational and educational welfare of children and adults of the corporate areas; and WHEREAS, the School and the City desire to provide an organized program of activities after school hours, on weekends, legal holidays, and during vacation periods; and WHEREAS, the purpose of this Agreement is to provide adequately organized and supervised community recreation services and facilities in all areas of the City and the School's areas therein through joint efforts of the two governing bodies, rather than by the separate efforts of each body; and to prevent duplication of effort and waste of finances; and in order to promote and conduct a program of community recreation successfully, the School and the City mutually desire to mobilize all community resources to effectively and economically meet the present and future needs of the public; and WHEREAS, it is in the public interest that the recreational facilities of public agencies be put to the fullest possible use; and WHEREAS, the School and the City desire to establish a basis for the orderly planning and future development of recreational facilities within said area. NOW, THEREFORE, the School and the City hereby mutually covenant and agree as follows: I. The public recreational program and activities described in this agreement refer to those programs of recreation under the direction and supervision of the City which are open to the general public. 2. Educational programs and activities refer to those classes and extracurricular activities under the supervision of the School. 3. The School does hereby permit the use of its buildings and grounds by the City for recreational purposes, according to schedules mutually agreeable to the Superintendent of the School District and to the City Manager of Iowa City, Iowa. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101BES i 4. The City does hereby permit the use of its park and recreation buildings and grounds by the School for school purposes, on a schedule mutually agreeable to the City Manager and the Superintendent. 5. The City Manager and the Superintendent shall, in a joint meeting, establish a tentative master calendar for the joint use of facilities. In scheduling the use of school facilities, school events and programs shall have first priority; and in scheduling the use of city facilities, city programs shall have first priority. 6. The schedule herein provided and attached hereto shall not interfere with the regular conduct of school work on school premises nor with city programs on city premises; nor shall the use by the non -owning party be inconsistent with the primary use of the buildings or the grounds of the owning party. 7. The responsibility for supervision shall be upon the using party and not upon the owner of the facility. 8. The owning authority is responsible for ensuring that the facilities provided are constructed and maintained in a safe manner sufficient for the proposed use of the using authority. The owning authority shall hold harmless and free from liability the using authority for all property damage done to the premises except that portion under the direct control of the using authority. This shall include in addition to immediate use areas, entryways, hallways and restrooms made available to the using authority. In the case of use of outdoor areas it shall include responsibility for property damage to immediately adjacent portions of the building. The using authority shall reimburse the owning authority for actual cost of repairing property damage done to premises for which it is responsible. The using authority shall be responsible for the supervision of those persons participating in the scheduled event in the area of the premises under the direct control of the using authority. The using authority shall hold harmless and free from liability the owning authority for any personal injuries, which are the result of its failure to supervise participants in the areas under its care, custody, control, excluding those injuries caused by latent or patent defects of the premises. 9. The property, equipment, buildings, and grounds of the City and School shall be available for the use of the other party when there is no conflict with owner uses. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FIOIIIES U i 3 10. The Superintendent and the City Manager or their designated representatives shall develop detailed scheduling and use requests for the use of the other party's facilities in such a manner that mutual agreement may be reached in writing no less than thirty (30) days prior to initiation of any program changes. All such agreements shall become fixed for scheduling purposes for the facilities and times agreed upon, except scheduling changes may be agreed to mutually when an emergency exists. 11. This Agreement may be terminated by either party upon ninety (90) days written notice prior to the effective date of such cancellation; and, unless sooner terminated, the term of this agreement shall be for a period of 3 years commencing on the �Sfday of 1979, to and including the.K day of �, 1982. 12. This Agreement shall terminate and supercede any prior agreements on the same subject matter between the parties hereto and their predecessor's. Whereas each party is responsible for the care and upkeep of its facilities and whereas the using party is responsible for the hiring of supervisory personnel, no expenditures of funds are necessary to implement this agreement, except as to reimbursement for property damage contained in paragraph 8 above. It is the understanding of the parties that this Agreement shall conform to the requirement of Chapter 28E of the Code of Iowa; and, as such, this Agreement will take effect only upon execution by the City Council of the City of Iowa City, Iowa, the School Board of the Iowa City Community School District, filing with the Secretary of State of the State of Iowa, and its being duly recorded with the County Recorder of Johnson County, Iowa. Dated at Iowa City, this /3 -/(Way of w a.f, 1979. Attest: CITY OF IOWA CITY IOWA CITY COMMUNITY SCHOOL DISTRICT Attest: Bo rd Secretary President, o d of Educa n MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES PIOIIIES I, i i i I i ; li li L I i t i :!:.. � I l i I I I I I 4 This Agreement was approved by the City Council /on the 14th of August, 1979. Signed: City Clerk This Agreement was approved by the Iowa City Community School District Board of Education on Signed: oa-Secretary MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES 0