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HomeMy WebLinkAbout1985 Resolution BookRESOLUTIONS BOOK 85 1- 24 PAGE RES # TITLE DATE 1 85-1 Res. Accepting the Work for the Mercer 1/8/85 Park Ball Diamonds Fence Project. 2 85-2 Res. Accepting the Work for the Paving $ Storm Sewer Improvements for Lots 7,8, $ 9 in Windsor Height Fifth Addition. 3 85-3 Res. Accepting the Work for the Rundell, Dearborn and Center Storm Sewer Improvements Project. 4 85-4 Res. Accepting the Work for the Sanitary Sewer & Storm Sewer Improvements for Governor's Ridge Development. 5-6 85-5 Res. Authorizing Mayor to Issue Order Suspending for 14 days Beer Permit held by John's Grocery, Inc. 7-10 85-6 Res. Making Award of Contract 11 85-7 Res. to Refund Cigarette Permit to Godfather's Pizza 1/15/85 12 85-8 Res. Refund Cigarette Permit to Gabe's 13 85-9 Res. to Issue Dancing Permit 14-15 85-10 Res. Approving Contract & Bond For Improvements Taft Speedway 16-19 85-11 Res. Elderly Services Agency Develop $ Implement Housing Modifications for Frail Elderly 20-22 85-12 Res. Authorizing Mayor to Issue Order Suspending for 14 days Beer Permit held by Eagle's #157 23-25 85-13 Res. Authorizing Mayor to Issue Order Suspending for 14 days Beer Permit held by Quik Trip #552 26-28 85-14 Res. Authorizing Mayor to Issue Order Suspending for 14 days Beer Permit held by Dickey's 29-30 85-15 Res. Authorizing Execution of Annual Contributions Contract 31-36 85-16 Res. Authorizing Execution of Annual Contributions Contract $ General Depositary Agreement $ Issuance of Project Loan & Permanent Notes 37 85-17 Res. Authorizing & Directing Solicitation of Offers $ 1/22/85 Receipt Bids to Purchase Parcel "A-1" in Lower Ralston Creek Area; Setting Public Hearing for 2/26/85 on Sale of land. 38 85-18 Res. Accepting the Work for the Paving and Storm 1/29/85 Sewer Improvements for Lots 1 & 20 in Highlander Development First Addition 39 85-19 Res. Accepting Work for a Portion of Paving Improvements for First and Rochester, Part One 40 85-20 Res. Accepting Work for a Portion of the Sanitary Sewer and Storm Sewer Improvements for First and Rochester, Part One 41 85-21 Res. Approving Final Plat of First and Rochester Addition, Part II, Subdivision of Iowa City, Iowa 42-43 85-22 Res. approving Preliminary Plat of Southwest Estates and Final Plast of Southwest Estates Part One, Subdivision of Johnson County, Iowa 44-51 85-23 Res. Approving Amended Bylaws of Iowa City Planning and Zoning Commission 52-54 85-24 Res. Authorizing City of Iowa City to Amend the Low Interest Loan Manual for the Housing Rehabilitation Program with a Revision of Chapter 3 $ Chapter 6(Weatherization RESOLUTIONS BOOK 8S 25-47 PAGE RES # TITLE DATE 55-56 85-25 Res. Repealing Resolution No. 79-117 1/29/8S and Adopting a New Resolution Establishing Fees for Services Performed by the Office of the City Clerk 57 85-26 Res. Authorizing and Directing the Solicitation of Offers to Purchase Land for Private Redevelopment, Parcel 6S -2B 2/12/85 58 85-27 Res. Issue Cigarette Permits -Yacht Club & Ye Old Keg Shoppe 59 85-28 Res. Issue Dancing Permit -Tycoon I.C., Amelia Earhart Deli 60 85-29 Res. Setting Public Hearing on the Operating Budget Estimate for Fiscal Year July 1, 1985 -June 30, 1986, Proposed use of Federal Revenue Sharing for Fiscal Year 7/1/85 to 6/30/86, $ Proposed 5 -year Capital Improvements Program for Fiscal Year 1986 through Fiscal Year 1990. 61-62 85-30 Res. Authorizing Mayor to Sign a Right of Way Assurance Statement for Federal Aid Projects. 63 85-31 Res. Accepting Work for the Capitol Street Ramp Improvement Project. 64 85-32 Res. Accepting Work for the FYBS Bridge Painting Program 65 85-33 Res. Accepting Work for a Portion of the Paving Improvements for First and Rochester, Part Two 66 85-34 Res. Accepting Work for a Portion of the Sanitary Sewer and Storm Sewer Improvements for First and Rochester, Part Two. 67-73 85-35 Res. Authorizing Execution of a Memorandum of Agreement with Southgate Development Company, Inc. 74-79 85-36 Res. Fixing a Date for Hearing on Proposed Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) 80-82 85-37 Res. Authorizing Execution of an Agreement with the U. of I. 83-87 85-38 Res. Authorizing Execution of an Agreement Between the Johnson County Council of Governments, City of Iowa City, and Johnson County Providing for the Delivery of Planning Services by the Johnson County Council of Governments. 88 85-39 Res. Establishing Fees for Manufactured Housing Park Licenses with Iowa City, Iowa. 89 85-40 Res. Approving Amendment to Article IV, Section 1 of the ByLaws of the Broadband Telecommunications Commission. 90 85-41 Res. Reclassifying a Full -Time Position in the Treasury Division. 91 85-42 Res. Amending the Number of Authorized Posions in the Legal Dept. by Adding one Full -Time City Attorney Position. 92 43 Issue Dancing Permit -The Mill Restaurant 2/26/85 93 44 Accepting Work Sanitary Sewer for Ty'n Cae Subd. 94 4S Set o.h. on Kirkwood Circle Improv. Project 95 46 Parcel A-1 L. Ralston Creek Sale to James J. Croker 96 47 Engineering Services w/NNW, Inc. for Benton St. Bridge Widening project RESOLUTIONS BOOK 8S 48- 70 PAGE RES. # TITLE DATE 97-100 48 Agmt. w/Jo. Co. Bd. of Supervisors 2/26/85 $ Jo.Co. Conservation Bd. re Hydro- power Feasibility Study 101-114 49 Agmt. w/May Zima Co. re Financial Feasibility Study of Congregate Housing 115 50 Refund Cigarette Permit to Bob's Univer- 3/12/85 sity Shell 116 51 Setting P.H. for construction of Burlington St. Concrete Repair Project 117 52 Setting P.H. for construction of Groundwater Cut-off Trench, I.C. Sanitary Landfill Proj. 118 53 Setting P.H. for Outfall Relief Sewer System Rehabilitation Project 119-120 54 Conveyance of vacated Gilbert St.R-O-W abutting Lot 6, Block 2, Lyon's First Addition 121 55 Release of Permanent Box Culvert Easements at Lots 37 $ 38 First & Rochester Part 1 122 S6 Prel. Plat of Kennedy's Waterfront Add. Part Two 123-124 57 Amended Prel. $ Final LSNRD of National Computer Systems, Inc., 2510 North Dodge 125-126 58 Adjouring to 3/9/85 P.H.IRB's for Southgate Development Co., Inc. 127 59 Approving plans, contract, etc. for construction of Kirkwood Circle Improvements Project 128 60 Adopting Annual Budget for FY ending 6/30/86 129-130 61 Approving CIP for FY's 1986-1990 131-134 62 Amendment to Deferred Compensation Plan w/ International City Management Association Retirement Corp. 135-136 63 Execute deed conveying Elm Grove Park to Johnson County 137-169 64 To accept UR Develop. proposal for Parcel 65-2b 170-174 65 Revising Annual Budget, FY85, Ending 6/30/85, Public Housing Proj. IA-022003 F, IAOSP022004 175 66 Amending Number of position in Housing 8, Inspection Services Dept. - Assisted Housing Division 176 67 Amending Classification Plan $ Number of positions in Equipment Division 177 68 Amending mumber of positions in Public Transit Dept. 178-179 69 Amendment to FY85 Funding Agreemt. w/United Action for Youth 180-181 70 Amendment to FY85 Funding Agreemt. w/Mayor's Youth Employment Prog. Clarifying Employment Status of the Director RESOLUTIONS BOOK 85 71 - 90 PAGE RES. # TITLE DATE 182-185 71 A 28E Contract w/Johnson County/City & 12/12/85 Yellow Cab Co. for FY8S Seats Supplemental Taxi Service 186-192 72 Agreemt. w/Goodwill Industries of Southeast Iowa use of 1985 CDBG funds to renovate employment training facility for vocationally disadvantaged persons 193-195 73 Agreemt. w/IC Community School Dsitrict use of 1985 CDBG funds to purchase playground equipment for Longefellow School playground 196-197 74 Directing Auditor of Jo.Co. to place before the qualified electors at the General Election 11/5/85, question of amending the City Charter to provide for nomination & election of District councilmembers solely by the voters of their respective districts 198 75 Commendation to Ruth Walters 4/9/85 200 76 Adopting Supplement #23 201 77 Authorizing abandoned bicycle sale 202 78 Setting P.H. on Plans, Specs., form of contract, and estimate of cost for the construction of The Melrose Court Improvement Project 203 79 Setting P.H. for FY86 State Transit Assistance Application 204-206 80 Authorizing conveyance of a portion of Mormon Trek Blvd. right-of-way near Plaen View Drive 207-208 81 Authorizing conveyance of unused Hwy. 1 west right-of-way abutting Ruppert Subd., Part I 209-210 82 Approving Prel. Plat and PHD of Ty'n Cae, Part 4 211-213 83 Approving final plat of Ruppert Subd., Part 1, and final LSNR Development Plan of MHI Auto Center 214-218 84 Dispose of a portion of permanent flowage easement for Ralston Creek North Branch Detention Basin located in First $ Rochester Subd., Part 1 219 85 Adopting Urban Environment Policies as an addendum to 1983 Comprehensive Plan update 220-221 86 Approving Prel. and final plats of Burkley Subd. 222 87 Approving plans, specs., form of contract, and estimate of cost for Groundwater Cut -Off Trench and authorizing bids to be received April 30, 1985 223 88 Authorizing bids for Outfall Relief Sewer System Rehabilitation Project - April 30, 1985 224 89 Authorizing bids for Burlington Street Concrete Repair Project - April 30, 1985 225-229 90 Res. to proceed with the Issuance and Sale of Industrial Development Revenue Bonds, (Southgate Development Company, Inc. Project) RESOLUTIONS BOOK 85 90 - 106 PAGE RES. # TITLE DATE 230 91 Agreement with Willowcreek Neighborhood Center 4/9/85 for use of 1985 CDBG funds for improving handicapped accessibility to Willowcreek Center 231 92 Authorizing Mayor & City Clerk to Sign $ Attest FY86 Application for Iowa DOT State Transit Assistance 232-235 93 Authorizing Mayor to execute, City Clerk to attest Eighth Renewal of a 28E Agreement between Iowa City and Johnson County for Transit Services 236-237 94 Authorization Execution of an Agreement between City and Hansen Lind Meyer, PC, for Architectural and Engineering Services for Dubuque Street Parking Ramp Expansion Project 238 95 Awarding Contract - Kirkwood Circle Improvements Project 239-245 96 Adopting Annual Budget, FY86, Public Housing Project IA -022003 $ IAO5P022004 246 97 Res, to issue cigarette permit. 4/23/85 247 98 Setting P.H. for The Clinton Street Improvements Project 248 99 Rescinding moratorium policy for East and Northeast Iowa City adopted by Res. 83-187 and amended by Res. 83-409 and 84-96. 249 7,00 Res. for The Melrose Court Improvements Project. 250 101 Authorizing publication of a request for P.H. notice on the City of Iowa City's FY85 UMTA Section 9 Transit Operating Assistance Grant application. 251-252 102 Authorizing & directing the filing of an application on behalf of the City of Iowa City with the Dept. of Transportation, for a grant under Section 9 of the Urban Mass Transportation Act of 1964. 253 103 Res. to provide financial support to the Johnson County Council of Governments. 254-255 104 Res. authorizing Mayor to sign & Clerk to attest an amendment to the Agreement with the Johnson County Citizen's Committee for the handicapped to prepare an Accessibility Guide for the Iowa City-Coralville area. 256-257 105 Res. authorizing release of lien regarding a promissory note executed by Maude Walsh. 258-259 106 Res. designating Small -Mears Building Company as the preferred developer for Urban Renewal Parcel 65-2b in downtown Iowa City. RESOLUTIONS BOOK 86 107-127 PAGE RES. # TITLE 260 8S-107 Commendation to Theodore Anderson 261 85-108 Setting P.H. on amending the FY85 operating budget 262 8S-109 Setting P.H. on approving the FY85 Capital Projects budget. 263 85-110 Setting P.H. for construction of The Handicapped Accessible P.estroom, Upper City Park 264 85-111 Setting P.H. for the construction of the FY86 Landfill Excavation Project 265 85-112 Approving preliminary and final LCNRD plan of Eastdale Mall addition located at 1700 First Avenue 266-267 85-113 Consenting to the vacation of Lots 50, 51, 52 and 53 of Hunters Run Subdivision, Part 3. 268 8S-114 Supporting the development of Senior Citizen Housing in the City of Iowa City, Iowa. 269 85-115 Approving plans for construction of Clinton Street Improvements Project - Washington Street to Iowa Ave. 270-271 85-116 Authorizing City Manager to make formal application to the State Conservation Commission for special rules and regs concerning the operation of vessels on the Iowa River, after public notice of such application is published. 272-274 85-117 Approving signage for Tenant Spaces for Urban Renewal Parcel 64-1b (HOTEL). 275 8S-118 Awarding contract and authorizing Mayor � Clerk to sign $ attest for construction of The Groundwater Cut -Off Trench, Iowa City Sanitary Landfill. 276 85-119 Awarding contract for construction of The Outfall Relief Sewer System Rehabilitation Project. 277-284 8S-120 Authorizing execution of an agreement with Veenstra $ Kim, Inc. for resident project inspection services, survey services and testing services on the Outfall Relief Sewer System Rehabilitation Project. 28S-289 85-121 Authorizing execution of an agreement with the Iowa Department of Transporation. 290 85-122 Awarding contract for the construction of the Burlington Street Concrete Repair Project. 291-293 85-123 Revising the Annual Budget, FY8S, ending June 30, 198S, for Public Housing Project IA -022003 & IAOSP022004. 294-296 85-124 Authorizing City Manager to execute the development Cost Budget/Cost Statement for Project IAOSP022005. 297 85-125 Amending the classification plan and number of positions in the Police Department. 298 85-126 Establishing a classification/compensation plan for confidential employees 299 85-127 Establishing a classification/compensation plan for administrative employees 05/07/85 RESOLUTIONS BOOK 86 128-149 PAGE RES. # TITLE DATE 300 85-128 Establishing a classification/compensation plan for 05/07/85 AFSCME employees 301-343 8S-129 Authorizing agreement between City of Iowa City and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL-CIO, to be effective July 1, 1985, through June 30, 1987. 344-345 85-130 Res. to issue Cigarette Permits (List attached) 346-348 85-131 Preliminary Res. for construction of sidewalk improvements in the City of Iowa City, Iowa 349 8S-132 Res. fixing values of lots 3SO-351 85-133 Adopting preliminary plat and schedule, estimate of cost and proposed plans and specs for the construction of the FY1986 Sidewalk Assessment Project. 352-356 85-134 Res. of Necessity (Proposed) 357-358 85-135 Res. to Issue Cigarette Permits 359 85-136 Adopting Supplement No. 24 to The Code of Ordinances 360 85-137 Setting P.H. on construction of FY86 Landfill Excavation Project. 361 85-138 Setting P.H. on construction of The Dubuque Street Parking Ramp Expansion Project 362-36S 85-139 Res. re IRB's for Millard warehouse Project 366 85-140 Approving preliminary and final LSNRD plan for McBride Addition, Inc., Lot 2 BDI Second Addition 367 85-141 Approving preliminary and final LSRD plan for 510 Clinton Street Complex 368 85-142 Approving plans, specs, etc. for the Handicapped Accessible Public Restroom, Upper City Park, and authorizing bids to recd by June 11, 1985. 369 85-143 Res. amending the current budget for the FY ending June 30, 1985. 370 8S-144 Res. adopting Capital Projects Fund Budget for FY ending June 30, 1985. 371 85-145 Res. awarding contract for the construction of Melrose Court Improvements Project. 372 85-146 Res. establishing a residential solid waste collection fee. 373-378 85-147 Authorizing Agreement with Trinity Episcopal Church for the Summer Food Service Program for Children. 379-380 8S-148 Adopt Amendment to the Industrial Revenue Bond Policy, enlarging Chapter 403 Area eligible to apply 381-382 85-149 Authorizing execution of Annual Contributions Contract between City and the Federal Government relating to funds for Public Housing Project 22-4 05/14/85 05/21/85 RESOLUTIONS BOOK 86 150-167 PAGE RES. # TITLE DATE 383 85-150 Setting P.H. on construction of the Burlington 06/04/85 Street Bridge Reconstruction Project. 384 85-151 Setting P.H. on proposed fare increase for Iowa City Transit. 385-388 85-152 Authorizing contract for Youth Services with Big Brothers/Big Sisters of Johnson County. 389-392 85-153 Authorizing contract for emergency assistance with the Iowa City Crisis Intervention Center 393-396 85-154 Authorizing contract with the Domestic Violence Project. 397-401 85-155 Authorizing contract for Elderly Services with The Elderly Services Agency of Johnson County. 402-405 85-156 Authorizing contract with the Johnson County Hawkeye Area Community Action Program Project Head Start. 406-409 85-157 Authorizing Contract for Services with the Mayor's Youth Employment Program. 410-412 85-158 Authorizing Contract with the Rape Victim Advocacy Program. 413-417 85-159 Authorizing Contract for Youth Services with United Action for Youth. 418-421 85-160 Authorizing Contract for Neighborhood Services with Willow Creek Neighborhood Center. 422 85-161 Accepting work for Paving, Storm Sewer, and Sanitary Sewer for Hunters Run Subdivision, Parts 2 $ 3, Phase 1. 423-424 85-162 Approving the resubdivision of Lots S2 and 53 and portions of Lots 50 and 51, Hunters Run Subdivision, Part Three, Iowa City, Johnson County, Iowa. 425 85-163 Approving construction of The Dubuque Street Parking Ramp Expansion Project. 426 85-164 Approving construction of The FY86 Landfill Excavation Project. 427-431 85-165 With respect to the adoption of the Resolution of Necessity Proposed for the FY1986 Sidewalk Assessment Project. 432 85-166 Directing preparation of detailed plans, specs, form of contract and notice to bidders on the FY1986 Sidewalk Assessment Project. 433-434 85-167 Ordering bids, approving plans, specs, and form of contract and notice to bidders, fixing amount of bid security, and ordering clerk to publish notice and fixing a date for receiving same, and for a public hearing on plans, specs, form of contract and estimate of costs for FY1986 Sidewalk Assessment Project. RESOLUTIONS BOOK 86 168 - 189 PAGE RES. # TITLE DATE 43S 85-168 Awarding Contract for the Construction of 06/04/85 Clinton Street Improvements Project - Washington Street to Iowa Avenue. 436-437 85-169 Authorizing the Mayor to sign and the City Clerk to attest to an amendment to the agreement with the Elderly Services Agency for the purposes of increasing the CDGB Allocation by $2,000 to develop and administer a shared housing program for the elderly and handicapped persons of Johnson County. 438-439 85-170 Adopting policy regarding deferral of mandatory suspension or revocation of Beer Permits or Liquor Licenses to the Iowa Liquor Control Dept. and repealing Resolution 82-217. 440-454 85-171 Authorizing Execution of Annual Contributions Contract. 455 85-172 Committing a maximum of $55,000 as a donation to housing project IA05-P022005. 456-457 85-173 Abating Street and Sidewalk Assessments charged against property in Westgate Subdivision. 458-488 85-174 Authorizing Agreement Between the City of Iowa City and the Iowa City Association of Professional Fire Fighters IAFF, AFL-CIO, Local #610, to be effective July 1, 1985 through June 30, 1986. 489-522 85-175 Authorizing agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City to be effective July 1, 1985 through June 30, 1987. 523-525 176 Res. Issuing Cigarette Permits 6/18/85 526 177 Res. Issuing Dancing Permits 527 178 P.H. set re FY86 Asphalt REsurfacing Project S28-S29 179 Agree. b/City $ Agencies Leasing Space at Sr. Center 530-536 180 Agree. b/City $ Home Health Service Agency for lease of space at Sr. Center 537-544 181 Contract w/Elderly Services Agency S4S-S51 182 Contract w/Amer. Assoc. of Retired Persons(AARP) 552 183 Accept. work for Sanitary Sewer for Hunter's Run Subd., Parts 2 $ 3 SS3 184 Extending the Term of the Urban Environment Ad Hoc Comm. 554-SSS 18S IDOT re Voluntary Annexation northeast of Mormon Trek Blvd. SS6 186 Burlington Street Bridge Reconstruction Proj. 557-561 187 Adopting Plans, etc. for FY86 Sidewalk Assessment Proj. S62 188 Fare Increase for Iowa City Transit 563-567 189 Memo of Agreement w/Economy Advertising Company RESOLUTIONS PAGE 568-572 573-582 S83 -S87 588-590 591 592-596 597 598-599 600-602 603-636 637-638 639-640 641-645 646 647 648-655 656-657 RES. # 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 6S8 207 190 - 207 TITLE DATE Fixing Date of Hearing IRB's for Economy Adv, Co. 6/18/8S Increase Initial Issuance/Proceed w/Issuance IRB's for Millard Warehouse Project Issuance & Sale of $4000,000 IRB's Millard Warehouse Consent of Owner to Subd. Ryerson's Woods Contract to Brogan Constr. re Handicapped Accessible Public Restrooms construction Prel.For Construction Street Improvements Fixing Values of Lots FY86 Alley Paving Assessment Prel. Plat & Schedule FY86 Alley Paving Assessment Res. of Necessity FY86 Alley Paving Assessment UR Contract & Delivery of Deed UR Parcel 65-2B FY86 Agree. b/City $ University Heights Transit Service Amendment to Lease b/City $ Washington Park, Inc. First Floor Center, Davis Building Renewal of Lease w/Jo.Co. Agricultural Assoc. Amending Number of Positions in Broadband Telecomm. Division i FY86 Salary for City Mgr. $ City Clerk Appointment of Terrence L. Timmins as City Atty. Amendments to Prog. Manual $ Target Neighborhoods for the Rental Rehabilitation Program Parking Rates Municipal Parking Lot -Off Hour RESOLUTIONS PAGE RES. # BOOK 87 208 - 229 TITLE DATE 568 208 Res. of Commendation to Mary Coburn 6/26/8S 569 209 Res. to Issue Cigarette Permits S70-571 210 Amendment to 1985 CDBG Program F, Budget 572-580 211 Agree. w/Out of Danger, Inc. (Domestic Violence Project for use of 1985 CDBG funds) 581 212 Planning & Programing for an Iowa Community Developement Loan 582 213 FY86 Landfill Excavation Project to Armstrong -Co. of Ames, Iowa 583 214 Dubuque St. Parking Ramp Expansion Project to Max Selzer Construction Company - 584 215 Amending Position in the Administrative Classification Plan - Asst. Superintendent -Streets S8S-586 216 Lease for Office Space w/Center City Properties 587-588 217 Res. to Issue Cigarette Permits 7/16/85 589 218 Res. to Issue Dancing Permits 590 219 Res. accepting work for Burlington Street Concrete Repair Project. 591 220 Authorizing conveyance of a vacated alley right-of-way abutting Lot 12, Block 1, Manville Heights Addition 592-593 221 Approving Final Plat of Kennedy's Waterfront Addition, Part Two. 594 222 Approval for construction of The FY86 Asphalt Resurfacing Project. 595-599 223 Res. to adopt the Res. of Necessity Proposed for the FY86 Paving Assessment Project. 600 224 Directing Preparation of Plans, Specs, Form of Contract, Notice to Bidders on the FY86 Alley Paving Assessment Project. 601-602 225 Res. ordering Bids, Approving Plans, Specs, Form of Contract and Notice to Bidders, etc. and for a P.H. on same. 603-606 226 Res. Adjourning to July 30, 1985 P.H. and decision whether or not to proceed with the issurance and sale of not to exceed $1,800,000.00 aggregate principal amount of IDRB (The Economy Advertising Company Project) 607 227 Res. of Commendation to Robert Jansen. 608-615 228 Res. authorizing execution of contract with Johnson Co. SEATS Program for the lease of space at Senior Center. 616 229 Res. engaging McGladrey, Hendrickson F, Co. to conduct the audit for year ending June 30, 1985. RESOLUTIONS BOOK 87 230 - 247 PAGE RES. N 617-618 619-623 624-625 626-631 632 633 634 635 636-639 640-644 645 646-648 649 667-670 671-673 674 67S TITLE DATE 230 Res. Authorizing & Directing the Filing of 7/16/85 applications on behalf of the City with the Dept. of Transportation for grants under Section 9 of the Urban Mass Trans. Act of 1964. 231 232 233 234 235 236 237 28E Agreement with City $ City & Yellow Cab Co. for FY86 SEATS Supplemental Taxi Service. Agreement Amending the Aug. 2, 1983 Agreement between the City and Holiday Wrecker. Resolution Making Award of Contract to Wolf Construction, Inc. ($32,819.06) Res. to Issue Cigarette Permits. Accepting Work for the Sanitary Sewer for Kennedy's Waterfront Addition, Part II, Lots 1-4 Accepting Work for a Portion of the Paving Improvements for First and Rochester, Part Two 7/30/85 Approving Preliminary $ Final LSNRD Plan for Economy Advertising Co., Lot 4, BDI First Addition. 238 Adopting Plans, Specs., Form of Contract $ Estimated Cost for Construction of the FY1986 Paving Assessment Project. 239 Approving proceeding with the issuance and sale of IDRB (The Economy Advertising Co. Proj.) not to exceed $1,800,000.00. 240 Approving Award of Contract for Construction of Burlington Street Bridge Reconstruction Proj. (BHF -0001-5(32)--2L--52 241 Accepting Work for Taft Speedway Sanitary Sewer Extension Project. 242 Res. Ordering Preparation of Final Plat $ Schedule of Assessments for Cost of Taft Speedway Sanitary Sewer Extension Project. 243 Adopting and Levying Final Schedule of Assessments, and Providing for the Payment Thereof for Taft Speedway Sanitary Sewer Extension Project. 244 Res. Approving Contract 6, Bonds for Improvements FY1986 Sidewalk Assessment Project. 245 Res. to Execute 28E Agreement for Joint Exercise of Law Enforcement in Johnson County/Iowa City area. 246 Auth. Agreement with Evensen Dodge, Inc. for Financial Advisory Services. 247 Auth. Agreement with George K. Baum & Company and Boettcher f, Company, Inc. for Financial Advisory Services for the Wastewater Treatment Facility Project. RESOLUTIONS BOOK 87 248 - 268 PAGE RES. # 676 677 678 679 680 681 682 683 684-685 686-692 693 694-7nl 702 703 704-707 708 709 710-711 712 713-714 715 TITLE 248 Res. to refund cigarette permit to The Gas Company 249 Res. to refund cigarette permit to The Annex 250 Res. to issue dancing permit to Loyal Order of Moose, Iowa City Lodge #1096 2S1 Res. to issue dancing permit to Holiday Inn 252 Res. setting P.H. for construction of The Creekside Neighborhood Sidewalk Project. 253 Res. setting P.H. for construction of The Spruce Street Drainage Project. 254 Res. Accepting the work for The Groundwater Cut -Off Trench, Iowa City Sanitary Landfill. 255 256 257 2S8 259 260 261 262 263 264 265 Res. Accepting the work for The Rochester Ave. Reservoir Contract I -Reservoir. Res. Authorizing and approving an amendment to the 1985 CDBG Program and budget. Authorizing agreement with the Mary 0. Coldren Home For Aged Women to make repairs to the residence located at 602 Clark Street. Awarding Contract for Construction of The FY86 Asphalt Resurfacing Project. Awarding Contract For the Service of Towing and Storage of Impounded Vehicles to Holiday Wrecker Service. Res. is issue dancing permit to The Highlander Res. to issue cigarette permit to Campus Standard Service. Res. fixing date for mtg. on the proposition of the issuance of $4,700,000 GOB Approving plans, specs, form of contract, $ estimate of cost for construction of The Creekside Neighborhood Sidewalk Project. Approving plans, specs, etc. for the construction of The Spruce Street Drainage Project. Res. making award of contract to Metro Pavers, Inc. in the amount of $43,271.76. 266 Approving Official Financial Report for City Streets $ Parking & Official Street Construction Program Project Status Report for the Fiscal Year ending 6/30/85. 267 Res. certifying unpaid refuse charges to county auditor for collection in the same manner as property tax. 268 Res. naming depositories. DATE 08/13/85 08/27/85 60 RESOLUTIONS PAGE RES. # TITLE DATE 716-718 269 Authorizing Finance Director to Execute the 8/27/85 Deposit Agreement $ The Depository Fees Agreement with the Depositories Authorized by Council. 719-734 270 Auth. Execution of Revised Annual Contributions Contract with Dept. of Housing & Urban Dev. Proj. #IAOS-V022-001. 735 271 Res. to issue cigarette permits 9/10/85 736-737 272 Res,. Instituting Proceedings to Take Additional Action for the Issuance of $4,700,000 GOB. 738-739 273 Res. authorizing execution of an amendment to an agreement - N.N.W., INC. Establishing design fees for engineering services for the Benton Street Bridge Widening $ Reconstruction Project. 740 274 Res. reclassifying a full-time position in the Housing $ Inspection Services Dept. 741 27S Res. reclassifying a full-time position in the Pollution Control Division. 742-747 276 Res. Fixing date for meeting on the proposition 9/17/85 of Issuance of $4,200,000 Parking System Revenue Bonds of Iowa City, Iowa, $ providing for publication of notice 748 277 Res. to issue cigarette permit for Bob's Beer Mart 749 278 Res. to issue Dancing Permit to H.W.A. Corp. dba Friday's, 121 E. College Street. 750 279 Res. adopting Supplement No. 25 to the Code of Ordinances of the City of Iowa City, Iowa. 751-757 280 Res. Auth. Execution of Agreement with Cedar Rapids and Iowa City Railway Company. 758 281 Res. Approving Prel. Plat for Lots 5-11 and the Final Plat for Lots 5-8 of Block 1, Braverman Center. 759-760 282 Res. approving Prel. and Final LSNRD Plan for Lots 4, 5B and 7 of Block 1, Braverman Center. 761-764 283 Res. approving an amended Prel. & Final LSNRD Plan for National Computer Systems, Inc. 765-766 284 Res. approving Prel. $ Final Plats of Holloway Subdivision. 767-768 285 Res. Instituting Proceedings to take additional action for the Issuance of $4,200,000 Parking System Revenue Bonds. 769-771 286 Res. Auth. directing $ solicitation of offers and receipt of bids to purchase Parcel "C" in Lower Ralston Creek area; setting P.H. for 11/19/85; and directing City Clerk to publish notice of actions. 772-777 287 Res. auth. agreement with the Mid -Eastern Council on Chemical Abuse for the Use of 1985 CDBG funds. 778 288 Res. awarding contract $ auth. contract for the construction of The Spruce Street Drainage Proj. Joe Jones Const., Ltd. of Eddyville - $44,306.00. RESOLUTIONS BOOK 87 PAGE RES. # FAA 780-784 785-790 791 792 793-798 799-820 821-829 830-834 835 836-841 842-844 289 - 303 TITLE DATE 289 Res. Awarding Contract F, Auth. Mayor to sign $ 9/24/85 City Clerk to attest Contract for Construction of The Creekside Neighborhood Sidewalk Proj. B $ L Zimmerman Construction of Oxford - $17,991.90. 290 291 292 293 294 295 296 297 298 299 Res. Auth. Acquisition of Easement from Hawkeye Land Co. for Installation, Maintenance, Operation, etc. of Storm Sewer Located Upon Railroad Property. Res. Auth. an agreement for indemnification $ maintenance relating to steps in the right-of-way fronting 510 S. Clinton Street. Res. to refund a cigarette permit to Ye Olde Keg Shoppe Accept. work for Kirkwood Circle Improvements M.J. Daly Construction Co., Inc. Adopting Changes to Policies Governing Participation in Housing Assistance Programs administered by City Housing Authority. Res. Auth. Execution of Consolidated Annual Contributions Contract $ General Depositary Agreement (Iowa City Housing Authority) Adopt. Revised Annual Budget, FY86, Ending 6-30-86, for Public Housing Project IA -022003, IAOSP022004 and IAOSP022005. Establishing a Policy for Naming New Streets Auth. Extension of Initiation of Construction on Urban Renewal Parcel 6S -2b. 10/8/85 Auth. agreement with Handicare, Inc. for the use of 1985 CDBG funds for purchase of a passenger van. 300 Auth. Memorandum of Agreement between City and the I.C. Comm. School Dist. regarding a proposed joint swimming pool/recreation facility project. 845-854 301 Auth. agreement with Shive-Hattery F, Assoc. for design services for The Sanitary Landfill Leachate Lift Station 855-856 302 Accept. & Approv. withdrawal of the bid by Joe Jones Const. Ltd. for Construction of Spruce Street Drainage Project F, approv. release of the Contractor's Bid Bond submitted in connection therewith. 857-858 303 Approv. Award of Contract F, Auth. contract with Murray's Excavating & Grading for the Spruce Street Drainage Proj. in the Amount of $44,306.00. a RESOLUTIONS BOOK 88 304 - 325 RES. # TITLE RVI -9 659 304 Agree. b/City $ Hansen Lind Meyer, services addition/alteration Civic Ctr. 10/16/85 660- 666 305 Approv. action of Fin. Dir. in sale of $4,700,000 GOB;s 667 -674 306 Approv. action of Fin. Dir. in sale of $4,055,000 Parking System Revenue Bonds 675 -676 307 Dispose of portion of Peterson St. Set P.H. 677 308 Issue cigarette permits 10/22/85 678-679 309 Affirming an employee suspension Mass Transit Operator #09675 680 310 Accepting work for The Camp Cardinal Road Bridge Relocation Proj. (BROS-S2IC(1)--8J-52) 681-684 311 Auth. sale & conveyance of excess City Property - a portion of vacated Peterson St. right-of-way lying south of its intersection with Arbor Drive in Iowa City. 685-687 312 Approving preliminary 8, final plats of Vista Park Village, a subdivision of Iowa City 688 313 Amend. membership of the Urban Environment Ad Hoc Committee. 689-693 314 Auth. agreement with the Iowa Dept. of Transportation. 694-697 315 Auth. execution of memorandum of agreement for HUD/SBA Technical Assistance for Local Economic Development. 698-727 316 Auth. & providing for the issuance and 11/4/85 securing the payment of $3,795,000 Parking System Revenue Bonds of the City of IA City. 728-742 317 Auth. & providing for the issuance of $4,700,000 GOB $ levying a tax to pay same 743-778 318 Auth. agreement with the Iowa Energy Policy Council for an energy management program matching grant. 779 319 Amend. number of authorized positions in the City Administrative Offices. (Energy Coordinator) 780-781 320 Accepting work - FY86 Sidewalk Assessment Proj. 782 321 Ordering preparation of final plat & schedule of assessments - FY86 Sidewalk Project. 783 322 Accepting work for the Iowa Avenue Bridge 11/12/ Project BRM -4072(1)--8N-52 784-785 323 Affirming Employee #32550, Maintenance Worker II - Sanitation Discharge 786 324 Amend. Res. No. 83-164 to establish revised fees for Taxicab Driver's Licenses. 787 32S Establishing revised fees for Taxicab Stands RESOLUTIONS BOOK 88 326 - 347 RES. # TITLE DATE 788 326 Establishing revised fees for Manufactured Housing Park 11/12/85 Licenses within Iowa City, Iowa. 789-79S 327 Res. of Intent & Proposal to dispose of storm sewer easement in Block 7, Braverman Center, $ setting P.H. on said disposition. 796 328 Accepting work for FY86 Asphalt Resurfacing Project. 11/19/85 797 329 Extending approval of prel. plan for Hunters Run Subdivision Parts 4-8 for eighteen months. 798-805 330 Authorizing conveyance by quit claim deed of the City's interest in a drainage easement located in Block 7, Braverman Center. 806-808 331 Auth. filing of a CDBG Program Statement for 1986 809-813 332 Approving FY87, 88,89,90,91 official report of municipalities for the street construction program from July 1, 1986 to June 30, 1991. 814-816 333 Auth. subordination agreement between the City and Banc Iowa. 817-823 334 Auth. execution of revised annual contributions contract with the Dept. of Housing $ Urban Devel. Proj. #IAOS-VO22-001. 824-851 335 Adopting and levying final schedule of assessments, and providing for the payment thereof 852 336 Establishing a Landfill Use Fee. 8S3-859 337 Establishing Fees for Services and Activities of the Iowa City Housing Inspection Services Department. 860-861 338 Establishing fees for certain services performed by the Iowa City Police Department. 862-863 339 Establishing fees for certain services performed by the Iowa City Annimal Control Div. $ License fees for animals kept by residents of Iowa City. 864-869 340 Auth. issuance $ sale of Industrial Develop. Revenue Bonds 11/26/85 (Southgate Development Co., Inc. Proj.) not to exceed $1,100,000. 870-874 341 Auth. issuance $ sale of Industrial Development Revenue Bonds (Economy Advertising Co. Proj.) not to exceed $1,800,000. 875 342 Refund Cigarette Permit for Hawkeye Amusement dba 12/3/85 American Legion 876 343 Refund Cigarette Permit for Hawkeye Amusement dba Golden Coral. 877 344 Issue Dance Permit for Gabes, Inc. 878 345 Accepting the work for The Melrose Court Improvements Project. 879-880 346 Approving prel. & final plats of Mall Drive Subdivision. 881-882 347 Approving a minor amendment to the Final Large Scale Non - Residential Development Plan for Lots 4, SB and 7 of Block 1, Braverman Center (Peppenaood Place Shopping Center, Iowa City, Iowa). RESOLUTIONS BOOK 88 348 - 369 PAGE RES. NO. TITLE DATE 883-884 348 Auth. Iowa Dept. of Transportation to transfer UMTA Capital 12/3/85 Assistance Funds from the Dubuque Urbanized area account to the Iowa City Urbanized Area Account. 885-886 349 Approving Contract and Bond for Improvements - FY1986 Alley Paving Assessment Project. 887 350 Establishing Fees for certain services performed by the Fire Dept. 888-889 351 Adopting a fee schedule for review of Planning, Zoning #, Board of Adjustment applications. 890-892 3S2 Establishing a revised schedule of fees and charges for Interment and other services in Oakland Cemetery. 893 353 Adopting Supplement #26 to the Code of Ordinances. 12/17/85 894-895 354 Establishing a policy that spouses $ relatives of City Councilmembers, persons already serving as Board or Commission members, & members of comparable County Bds. or Comm. shall not be eligible for appointment to City Boards or Commissions. 896 355 Accepting work for Sewer System Rehabilitation Project. 897 356 Accepting work for the Handicapped Accessible Public Restrooms in Upper City Park as constructed by Brogan Construction. 898-899 357 Approving the Preliminary and Final Large Scale Residential Development Plan for Melrose Lake Apartments located on Woodside Drive Extended, Iowa City, Iowa. 900-901 358 Adopting findings regarding the reasons for adoption of Ord. No. 85-3240, Rezoning the so-called Neuzil Tract. 902-904 359 Certifying unpaid water, sewer & refuse charges to County Auditor for collection in the same manner as a property tax. 905-906 360 Authorizing release of a real estate mortgage executed by Donald H. and Janet K. Strand. 907-910 361 Accepting offer to purchase a certain parcel of land, known as Parcel "C" located in Lower Ralston Creek area of Iowa City, Iowa. 911-913 362 Res. of Intent to convey to the University of Iowa the vacated Melrose Avenue Right -of -Way between Byington Road F, Riverside Dr. 914-919 363 Res. of Intent $ proposal to dispose of Utility Easement on Lot 14, Oakes Meadow Addition to Iowa City. 920 364 Establishing Income Limits for the I.C. Housing Authority, Assisted Housing Programs. 921-925 365 Authorizing Execution of Work Plan for HUD/SBA Technical Assistance for Local Economic Development. 926 366 Res. authorizing City Manager to execute contracts - total improvement or service must not exceed $25,000. 927-930 367 Auth. 28E Agreement with Johnson County and Old Capitol Cab Co. of Iowa City, Inc. for FY86 Seats Supplemental Taxi Service. 931 368 Establishing a Revised Landfill Use Fee. 932-933 369 Abolishing vacant positions. 12/20/85 RESOLUTION NO. 85-1 RESOLUTION ACCEPTING THE WORK FOR THE MERCER PARK BALL DLAMONDS FENCE PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Mercer Park Ball Diamond Fence Project as included in a contract between the City of Iowa City and _Sampson Eastern Iowa Fence of Davenport, Iowa dated October 18. 1984 , be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X — Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th. day of January lg 85 ATTEST: - �^ CITY LLEKK MAYOR Mp 000'— ATTEST: 00`— Received: F, I.F., By The Legal lye artment RESOLUTION NO. 8S-2 RESOLUTION ACCEPTING THE WORK FOR THE PAVING AND STORM SEWER IMPROVEMENTS FOR LOTS 78 AND 9 IN WINDSOR HEIGHT'S. FIFTH ADDfTIbN WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, the paving and storm sewer improvements for Lots 7, 8, and 9 in Windsor Heights Fifth Addition in Iowa City, Iowa, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa, AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Baker X Dickson x Erdahl _ X McDonald _ x Strait x Zuber Passed and approved this 8th. day of January , 19 85. ATTEST: t?AJ Tom. , A ) CITY CLERK BY a0ai n'= ortment a RESOLUTION NO. 85-3 RESOLUTION ACCEPTING THE WORK FOR THE RUNDEU, DEARBORN AND CENTER STORM SEWER IMPROVDIENTS PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Rundell, Dearborn and Center Storm Sewer Improvements Project as included in a contract between the City of Iowa City and J. C. Construction. Ltd. of Iowa City Iowa dated _ November 14. 1983 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were. AYES: NAYS: ABSENT: —x Ambrisco X_ Baker x Dickson —X— Erdahl — _ x McDonald _ x Strait x_ Zuber Passed and approved this 8th. day of January , 1985 ATTEST: J ,_; �� 7r*,„ J CITY CLERK MAYORPFO By D �SL2 Z 3 RESOLUTION NO. 85-4 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR GOVERNOR'S RIDGE DEVELOPMENT IN IOWA CITY, IOWA WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The sanitary sewer improvements from the existing manhole to sanitary manhole #1 for Governor's Ridge Development in Iowa City, Iowa, as constructed by Knowling Bros. Contracting Co. of Iowa City, Iowa. The storm sewer improvements from the existing intake to storm manhole #3 for Governor's Ridge Development in Iowa City, Iowa, as constructed by Knowling Bros. Contracting Co. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson Erdahl X McDonald X Strait X Zuber Passed and approved this 8th -day of January 19 85. MAYOR ►re tem ATTEST:c� ti • od ;• ve ►� . ;. .n CITY CLERK Dy Thi �„t Dgpq;1� 10 RESOLUTION NO. 85-5 RESOLUTION AUTHORIZING MAYOR TO ISSUE ORDER SUSPENDING FOR FOURTEEN DAYS THE BEER PERMIT HELD BY JOHN'S GROCERY, INC. WHEREAS, on December 26, 1984, Amy Beth Settle, an employee of John's Grocery, Inc., pleaded guilty to the charge of selling beer to a minor on August 23, 1984, in the licensed establishment of John's Grocery, Inc., 401 East Market, Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa, and WHEREAS, Section 123.50(3), Code of Iowa, provides for a mandatory fourteen day suspension upon a first conviction to be assessed by a local authority in the event a licensee, beer permittee, or employee of such licensee or permittee is convicted of a violation of Section 123.49(2)(h), and WHEREAS, pursuant to Resolution 82-217, the City Council adopted the following policy: In the event any licensee, beer permittee, or employee of such licensee or permittee shall be convicted of a violation of Section 123.49, subsection 2, paragraph "h," or a retail beer permittee shall be convicted of a violation of paragraph "i" of such subsection, the City Council of the city of Iowa City shall, at its next regular Council meeting after said conviction, order the applicable mandatory penalty, as provided in Section 123.50(3), Code of Iowa, to be assessed against the violator effective at 6:00 a.m, on the next weekday following said Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor issue forthwith the attached order suspending for fourteen days the beer permit held by John's Grocery, Inc., with said suspension to be effective beginning at 6:00 a.m., on Wednesday, January 9, 1985. 2. That the City Clerk notify in writing the Iowa Beer and Liquor Control Depart- ment, 1918 S.E. Hulsizer Avenue, Ankeny, Iowa 50021, of this suspension and include a copy of this resolution and the signed order. It was moved by Dickson and seconded by the Resolution be adopted, and upon roll call there were: Strait AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th. day of/January 1985. l� MAYORft M ATTEST: CIT CLERK 1R:vAved & Approvod BY Tho CeCel Lspariimnl 3 9 1: BEFORE THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA John's Grocery, Inc. ) 401 East Market ) Iowa City, Iowa 52240 ) ORDER Beer Permit BC -3234 ) Beer Permittee's employee, Amy Beth Settle, pleaded guilty to and was fined $40.00 plus surcharge and court costs on December 26, 1984, in Johnson County District Court (Case #84 TR 62879) for selling beer to a minor on August 23, 1984, in the licensed establishment, John's Grocery, Inc., 401 East Market, Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa. Under the mandate of Section 123.50(3), Code of Iowa, the City Council of the City of Iowa City, Iowa, as local authority, hereby suspends this beer permit for the fourteen day period beginning at 6:00 a.m., on Wednesday, January 9, 1985, and ending at 6:00 a.m. on Wednesday, January 23, 1985. Dated this 8th day of January, 1985, in Iowa City, Iowa. CITY OF IOWA CCIITTY� By� � Clemens Erdahl Mayors " Re -s. d5- _ Januaa 8th. 1984 The City Council of Iowa -City, Iowa, met in special session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7 o'clock P .M., on the above date. There were present Mayor Pro Tem Clemens Erdahl, in the chair, and the following named Council Members: Ambrisco, Dickson Strait, Zuber Absent: BakerLMcDonald -1- AMLERS, COONEY. DORWEILER, MAYNIE. SMITH 6 ALLBEE. LAWYERS. DES MOINES. IOWA The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the Taft Speedway Sanitary Sewer Extension Project 1985, in accordance with the plans and speci- fications therefor. Council Member Zuber moved and Council Member Ambrisco seconded the motion as follows: X To adopt the following resolution Making Award of Contract(s) To defer bids for later consideration and action to a meeting to be held on the day of , 1984, next, at o'clock M., at this meeting place, with jurisdiction retained over all bids received. The roll was called and the vote was, AYES: Ambrisco, Dickson Erdahl Zuber• Strait NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 85-6 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Mid -State Construction of , Iowa in the amount of $ 161,647.50 , for the construction of the Taft Speedway Sanitary Sewer Extension Project 1985, described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. -2- ^. AHLERS, COONEY. DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA The Mayor and Clerk are hereby directed to execute each contract awarded above for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND APPROVED, this 8th day of January , 1985. Mayor ATTEST: -3- AHLERS, COONEY. DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS. DES MOINES, IOWA Cl CIG -3 1-79 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 8th. day of January , 1984. SEAL City Clerk, Iowa City, Iowa AHLERS, COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA It `c z' U 1 RESOLUTION NO. 85-7 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, _ Hawkeye Amuscment at 1214 South Gilhert in Iowa City, Iowa, has surrendered cigarette permit No. 85-71 , expiring June 10 , 19 8-S_, and requests ■ refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. RS_71 , issued to Hawkeye Amusement (Godfather's Pizza) be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable -to Hawkeye Amusement as a refund on cigarette permit No. 85-71 It was moved by Strait and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: AYES : BULL ABSENT: Ambrisco X Raker Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 15th. day of January 198S or Attest:�S..n�cJ I KP„ ii h RESOLUTION NO. R5 -R RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Gabe Is at yi n) pact wnciiinstnn in Iowa City, Iowa, has surrendered cigarette permit No. _ _85-55 , expiring June 30th. , 19 85 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 85-55 , issued to rnl-'AIC be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable -to Charles Christensen as a refund on cigarette permit No. 85-55 . It was moved by Strait and seconded by Dickson that the Resolution an read be adopted, and upon roll call there were: Ambrisco Raker Dickson Erdahl McDonald Strait Zuber AYES : NAM ABSENT, SENT, X X X X X X 0 Passed and approved this 15th. day ofy�January 1985 yor Attest: la b5 RESOLUTION NO. RS_q 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 or liquor control license, to wit: Crow's Nest Inc., dba Crow's Nest, 313 South Dubuque It was moved by Strait and seconded by Dickson that the Resolution as read e adopted, and upon rol cn t ere were: AYES: NAYS: ABSENT: Ambrisco X Baker _ y Dickson Erdahl X McDonald X Strait y_ Zuber x Passed and approved this 15th. day of January 19 85 or Attest: ,'yjp,�,�n��� � �/,r� City Clerk 13 RES. B5- ld Council Member Strait-___ introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS" and moved its adoption. Council Member Ambrsco seconded the motion to adopt. The roll was called and the vote was, AYES: _ Strait2_Zuber, Ambrisco, Bake -Dickson Erdahl, McDonald NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 8S-10 RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the construction contract and bond executed for the construction of certain public improvements described in general as Taft Speedway Sanitary Sewer Extension Project 1985, and as described in detail in the plans and specifica- tions heretofore approved, and which have been signed by the Mayor and Clerk on behalf of the City and proof of insurance coverage be and the same are hereby approved as follows: Contractor: Mid -State Construction of _SPrinngville�Iowa Date of contract: January 10 1985 -- Bond surety: _ _ United Fire_ Casualty Company_—_ Date of bond: January 7. 1985__ _ _— Portion of. project: Entire nrolect —__ __ _ PASSED AND APPROVED, this 15th, day of January 1985— ATTEST: yo 7z Clerk -2- A"LERS, COONEY. DORWEILER, HAYNIE, SMITN B ALLSEE. LAWYERS. DES MOINES. IOWA 14 CIG -3 1-79 FRTIFICATE STATE. OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of. Chapter 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the sea] of said Municipality hereto affixed this 15th__ day of ,lane, 1985, SEAL Jam!-J"�a2s J --- Ci y Clerk, Iowa City, Iowa AMLERS. COONEY. DORWEILER. HAYNIE, SMITH a ALLSEE. LAWYERS. DES MOINES. IOWA S RESOLUTION NO. R5-11 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY TO DEVELOP AND IMPLEMENT A HOUSING MODIFICATIONS PROGRAM FOR THE FRAIL ELDERLY. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds from the U.S. Department of Housing and Urban Develop- ment under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City wishes to assist lower income frail elderly residents of Iowa City with minor structural repairs and modifications to their homes in order to enhance their ability to remain independent and stay in their homes; and WHEREAS, the City of Iowa City wishes to contract with the Elderly Services Agency, an Iowa not-for-profit corporation, to develop and implement a Housing Modifications Program for the Frail Elderly. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest the attached agreement with the Elderly Services Agency to develop and implement a Housing Modifications Program for the Frail Elderly. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES X NAYS Passed and approved this 15th, day of ATTEST: ) 41n ', ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber January, 1985. Saz P.ecem._' c& Pp toab.I Ly he Legal pepprhmrit 10 iia AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR A HOUSING MODIFICATIONS PROGRAM FOR THE FRAIL ELDERLY THIS AGREEMENT entered into on this 15th, day of "ff'ry 1985, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Elderly Services Agency, an Iowa not-for- profit corporation (herein referred to as"ESA"). WHEREAS, the City is the recipient of Community Development Block Grant (herein referred to as "CDBG") funds, granted by the United States Department of Housing and Urban Development (herein referred to as "HUD"), under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to assist lower income frail elderly residents of Iowa City with minor structural repairs and modifications to their homes in order to enhance their ability to remain independent and stay in their homes. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: I. Purpose and Scope of Services: A. The ESA agrees to assist lower income frail elderly residents of Iowa City with the necessary minor structural repairs and modifications to their homes that will allow them to remain in their homes. B. The ESA agrees to develop and implement a Housing Modifications Program for the frail elderly that is substantially consistent with the ESA's proposal for 1985 CDBG Funds entitled "Housing Modificatio- ns for Low/Moderate Income Fragile Elderly." Any substantial amendment or deviation from said proposal shall be reviewed and approved, in writing, by the City. C. The ESA agrees to employ a Coordinator, at ESA's expense, who is re- sponsible for developing and administering the Housing Modifications Program. II. Time of Performance and Funding: This agreement shall commence upon execution by the parties and shall terminate on December 31, 1985. In consideration for the services to be provided hereunder, the City shall advance to ESA the sum of $2,500 from 1985 CDBG funds. In the event that ESA is unable to meet the objectives set forth herein or if the program is terminated, all unobligated funds advanced under this agreement shall be returned to the City. III. General Administration: A. Required Reports 1. The ESA shall be responsible for the administration of the Housing Modifications Program. All expenditures under the program shall conform to OMB Circular A-122, Cost Principles for 2 Non-profit Organizations, and Attachment 0, Procurement Stan- dards, of OMB Circular A-110 (copies to be provided by the City. 2. ESA shall submit quarterly reports to the Department of Planning and Program Development, CDBG Administration, on the 15th day of April, July, October, and January until all CDBG funds disbursed under this agreement have been expended. Such reports shall document the progress of the project set forth herein and contain other such information as reasonably required by the City. 3. Not later than January 31, 1986, ESA will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. B. Other Reports and Audits and Inspections 1. ESA shall furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this agreement within the time requested. 2. At any time during normal business hours, there shall be made available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of ESA's records, with respect to this agreement, in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. 3. ESA shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three years from the termination of this agreement. IV. Terms and Conditions: This agreement shall be subject to the following terms and conditions, to wit: A. Equal Employment Opportunity ESA shall not permit any of the following practices: Discharge from employment, refuse to hire, or discriminate against any individuals in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. B. Non -Discrimination in Services ESA shall not deny to any person its services under this agreement on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. a 3 C. Termination This agreement may be terminated upon a thirty day written notice by either party. D. Interest of ESA ESA covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in a manner or degree with the performance of the services under this agreement. ESA further covenants that in the performance of this agreement no person having any such interest shall be employed by ESA. E. Interest of Certain Other Officials No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this agreement pertains, shall have any private interest, direct or indirect, in this agreement. F. Assignability ESA shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. G. Hold Harmless Provisions ESA shall indemnify and hold harmless the City, it officers, employ- ees, and agents from all liability, loss, cost, damage, torts, wrong doings or criminal actions caused by persons employed by or under the supervision of the Housing Modifications Program, and expenses (including reasonable attorney fees and court costs) resulting from or incurred by reason of any action based upon the performance of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date above -stated. CITY OF IOWA CITYL4 /;,�, /�� �o'""�'c-o G+ B ohn McDonald, Mayor Attest: a v __ J A City Clerk Retched & Approved Be Legal Depedment I 10S' �q RESOLUTION NO. SS -17 RESOLUTION AUTHORIZING MAYOR TO ISSUE ORDER SUSPENDING 'FOR FOURTEEN DAYS THE BEER PERMIT HELD BY LUCKY STORES, INC., EAGLE DISCOUNT SUPER MARKET #157. WHEREAS, on September 6, 1984, Theresa Marie Davidson, an employee of Eagle Discount Super Market 0157, pleaded guilty to the charge of selling beer to a minor on August 23, 1984, in the licensed establishment of Lucky Stores, Inc., Eagle Discount Super Market #157, 600 N. Dodge, Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa, and WHEREAS, Section 123.50(3), Code of Iowa, provides for a mandatory fourteen day suspension upon a first conviction to be assessed by a local authority in the event a licensee, beer permittee, or employee of such licensee or permittee is convicted of a violation of Section 123.49(2)(h), and WHEREAS, pursuant to Resolution 82-217, the City Council adopted the follow- ing policy: In the event any licensee; beer permittee, or employee of such licensee or permittee shall be convicted of a violation of Section 123.49, subsection 2, paragraph "h," or a retail beer permittee shall be convicted of a violation of paragraph "i" of such subsection, the City Council of the city of Iowa City shall, at its next regular Council meeting after said conviction, order the applicable mandatory penalty, as provided in Section 123 50(3), Code of Iowa, to be assessed against the violator effective at 6:00 a.m, on a nex weekday following said Council meeting. WHEREAS, the City did not become aware of the disposition of this charge until during the week of January 7, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor issue forthwith the attached order suspending for fourteen days the beer permit held by Lucky Stores, Inc., Eagle Discount Super Market #157, with said suspension to be effective beginning at 6:00 a.m., on Wednesday, January 16, 1985. 2. That the City Clerk notify in writing the Iowa Beer and Liquor Control Department, 1918 S.E. Hulsizer Avenue, Ankeny, Iowa 50021, of this suspension and include a copy of this resolution and the signed order. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X y X X ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber M Rc=olulion Page 2 Passed and approved this 15th. day of January , 1985. ir YOR ATTEST: CITY CLERK NcOved C, i pmove+j By :sem Les•.1 Ae;.srtnc;r! 10 A .' aA BEFORE THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA Lucky Stores, Inc. ) Eagle Discount Super Market ) 600 N. nodge St. ) Iowa City, Iowa 52240 ) ORDER Beer Permit BC -1474 Beer Peimittee's employee, Theresa Marie Davidson, pleaded guilty to and was fined $35.00 plus surchTrge and court costs on September 6, 1984, in Johnson County District Court (Case e84 TR 62877) for selling beer to a minor on August 23, 1984, in the licensed establishment, Eagle Discount Super Market 1157, 600 N. Dodge St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa. Under the :mandate of Section 123.50(3), Code of Iowa, the City Council of the City of Iowa City, Iowa, as local authority, hereby suspends this beer permit for the fourteen day period beginning at 6:00 a.m., on Wednesday, January 16, 1985, and ending at 6:00 a.m. on Wednesday, January 30, 1985. Dated this 15th day of January, 1985, in Iowa City, Iowa. CITY OF IOWA CITY By: �� o n c ona , aycr as RESOLUTION NO. 85-13 RESOLUTION AUTHORIZING MAYOR TO ISSUE ORDER SUSPENDING FOR FOURTEEN DAYS THE BEER PERMIT HELD BY QUIK TRIP CORPORATION, QUIK TRIP #552. WHEREAS, on September 13, 1984, Scott Lynn Zahren, an employee of Quik Trip Corporation, Quik Trip #552, pleaded guilty to the charge of selling beer to a minor on August 24, 1984, in the licensed establishment of Quik Trip #552, 25 W. Burlington St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa, and WHEREAS, Section 123.50(3), Code of Iowa, provides for a mandatory fourteen day suspension upon a first conviction to be assessed by a local authority in the event a licensee, beer permittee, or employee of such licensee or permittee is convicted of a violation of Section 123.49(2)(h), and WHEREAS, pursuant to Resolution 82-217, the City Council adopted the follow- ing policy: In the event any licensee, beer permittee, or employee of such licensee or permittee shall be convicted of a violation of Section 123.49, subsection 2, paragraph "h," or a retail beer permittee shall be convicted of a violation of paragraph "i" of such subsection, the City Council of the city of Iowa City shall, at its next regular Council meeting after said conviction,.order the applicable mandatory penalty, as provided in Section 123 50(3), Code of Iowa, to be assessed against the violator effective at 6:00 a.m. on�he next weekday following said Council meeting. WHEREAS, the City did not become aware of the disposition of this charge until during the week of January 7, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor issue forthwith the attached order suspending for fourteen days the beer permit held by Quik Trip Corporation, Quik Trip #552, with said suspension to be effective beginning at 6:00 a.m., on Wednesday, January 16, 1985. 2. That the City Clerk notify in writing the Iowa Beer and Liquor Control Department, 1918 S.E. Hulsizer Avenue, Ankeny, Iowa 50021, of this suspension and include a copy of this resolution and the signed order. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker _ Dickson y_ Erdahl y_ McDonald y Strait y Zuber 23 Pvsolution Nu. RS - 13 Page Z Passed and approved this ATTEST: ]5th. day of January , 1985. F. +v-k3dd P.4 !lrn ct tr} By Tha Segal Def:�r-,end 94 BEFORE THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA I Quik Trip Corporation ) Quik Trip 0552 j 25 W. Burlington St. I Iowa City, Iowa 52240 ) ORDER Beer Permit BC -9410 Beer Permittee's employee, Scott Lynn Zahren, pleaded guilty to and was fined i35.D0 plus surcharge and court costs on September 13, 1984, in Johnson County District Court (Case #84 TR 62881) for selling beer to a minor on August 24, 1984, in the licensed establishment, Ouik Trip 1552, 25 W. Burlington St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa. Under the mandate of Section 123.50(3), Code of Iowa, the City Council of the City of Iowa City, Iowa, as local authority, hereby suspends this beer permit for the fourteen day period beginning at 6:00 a.m., on Wednesday, January 16, 1985, and ending at 6:00 a.m, on Wednesday, January 30, 1985. Dated this 15th day of January, 1985, in Iowa City, Iowa. #on OF IOWA CITY By a Mayor a5 RESOLUTION N0. 85-14 RESOLUTION AUTHORIZING MAYOR TO ISSUE ORDER SUSPENDING FOR FOURTEEN DAYS THE BEER PERMIT HELD BY HAROLD DICKEY, DICKEY'S SAVE -A -LOT. WHEREAS, on September 6, 1984, Julie Lynn Villhauer, an employee of Dickey's Save -A -Lot, pleaded guilty to the charge of selling beer to a minor on August 23, 1984, in the licensed establishment of Dickey's Save -A -Lot, 1213 S. Gilbert St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa, and WHEREAS, Section 123.50(3), Code of Iowa, provides for a mandatory fourteen day suspension upon a first conviction to be assessed by a local authority in the event a licensee, beer permittee, or employee of such licensee or permittee is convicted of a violation of Section 123.49(2)(h), and WHEREAS, pursuant to Resolution 82-217, the City Council adopted the follow- ing policy: In the event any licensee, beer permittee, or employee of such licensee or permittee shall be convicted of a violation of Section 123.49, subsection 2, paragraph "h,° or a retail beer permittee shall be convicted of a violation of paragraph "i" of such subsection, the City Council of the city of Iowa City shall, at its'next regular Council meeting after said conviction, order the applicable mandatory penalty, as provided in Section 123 50(3), Code of Iowa, to be assessed against the violator effective at 6:00 a.m. on tie—next weekday following said Council meeting. WHEREAS, the City did not become aware of the disposition of this charge until during the week of January 7, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor issue forthwith the attached order suspending for fourteen days the beer permit held by Harold Dickey, Dickey's Save -A -Lot, with said suspension to be effective beginning at 6:00 a.m., on Wednesday, January 16, 1985. 2. That the City Clerk notify in writing the Iowa Beer and Liquor Control Department, 1918 S.E. Hulsizer Avenue, Ankeny, Iowa 50021, of this suspension and include a copy of this resolution and the signed order. It was moved by Dickson and seconded by _ the Resolution a adopted, and upon roll call there Strait were: AYES: NAYS: ABSENT: X Ambrisco X Baker x Dickson X Erdahl x McDonald X Strait X Zuber ae kcsobition No. 85-14 Page 2 Passed and approved this l.ths day, of January , 1985. ATTEST: lieeelved & Rnproved by4; a 109al A--Par4men, AlIV 9EFORE TAE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA Harold Dickey Dickey's Save -A -Lot 1213 S. Gilbert St. Iowa City, Iowa 52240 Seer Permit BC -9987 e ORDER Beer Permittee's employee, Julie Lynn Villhauer, pleaded guilty to and was fined $40.00 plus surcharge and court casts on September 6, 1984, in Johnson County District Court (Case 084 TR 62880) for selling beer to a minor on August 23, 1984, in the licensed establishment, Dickey's Save -A -Lot, 1213 S. Gilbert St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa. Under the mandate of Section 123.50(3), Code of Iowa, the City Council of the City of Iowa City, Iowa, as local authority, hereby suspends this beer permit for the fourteen day period beginning at 6:00 a.m., on Wednesday, January 16, 1985, and ending at 6:00 a.m, on 'Idednesday. January 30, 1985. Dated this 15th day of January, 1985, in Iowa City, Iowa. By: n c ana 91 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT RESOLUTION NO. 85-15 WHEREAS the Iowa City Housing Authority ' (herein called the "Local Authority") proposes to enter Into a revised contract (herein called the "Annual Contri- �butlons Contract") with the United States of America (herein Called the "Government'') with respect to any "projects" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY. as follows: Section 1. The Annual Contributions Contract in substantially m �t eTt tTorra of contract hereto attached and marked "Exhibit All is w hereby approved and accepted both as to form and substance and the Chairman or Vice Chairman is hereby authorized and directed a to execute said contract in two copies on behalf of the Local X Authority, and the Secretary is hereby authorized and directed to on eachesuchand counterparteand itoiforward saidexecuted al seal of he Local Acounter- W parts, or any of them, to the Government together with such "other documents evidencing the approval and authorizing the Z i; execution thereof as may be required by the Government. X 0 W:; Section 2. Whenever the following terms, or any of them, are ,use in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be con- i strued, and are intended to have meanings as follows: o. U0 (1) The term "Resolution" shall mean this Resolution. ' 7 Cr (2) All other terms used in this Resolution and which are a defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. action 3. This Resolution shall take effect immediately. 'It was moved by Zuber and seconded'.by Ambrisc0 that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRI5C0 .BAKER X DICKSON' X ERDAHL X McDONALD X STRAIT X ZUBER Passed and approved thisl5th. day of January 1985. ATTEST: .e. _e4 ) CITY CLERK Recelved & Approv d9 BY Tho Legal De, r rt;;; ;11 That in respec. ,,, ; ermanently Financed l,rojecl::lhe lieu ,,, ,,.ch pledge and mortgage and rights granted and conveyed pursuant to this paragraph shall (1) be junior to the Bonds and junior to the pledge of Residual Receipts securing the Bonds, and (2)not be foreclosable until all Bonds shall have been paid and discharged In the manner provided in the Bond Resolutions. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Resolution and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds of the Local Authority as herein provided. Section 5. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which .are defined in the Contract shall have the respective meanings ascribed thereto in the Contract. Section 6. All resolutions or parts of resolutions heretofore adopted bythe Local Authority which authorize the issuance and/or delivery of Advance, Project Loan or Permanent Notes pursuant to the Contract are hereby repealed: Provided, however, That such repeal shall in no way affect the validity of Advance, Project Loan or Permanent Notes issued pursuant to said resolutions which, are outstanding or on deposit for delivery pending payment therefor on the date this Resolution becomes effective: Provided further, That the Project Loan Notes authorized by this Resolution shall be exchanged for any Advance Notes heretofore issued pursuant to any previous resolution. Section 7. This Resolution shall take effect immediately. It was moved by Ambrisco and seconded by Zuber Resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: X AMBRISCO X BAKER �L_ DICKSON X _ ERDAHL X McDONALD X STRAIT X ZUBER Passed and approved this 15th. day of ATTEST: )'j 04 y /'Mwu �tea,, CITY CLERK HUD -9701 (9-74) January , 1985. —;X%IM AYUK Pecehed & Approved By The Legal Deportment u � that the 30 Gro nn�•ni.: HUD -92C] (9-74) U.S. DEPAR.m _7 OF HOUSING AND URBAN DEVELOPMENT RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT AND GENERAL DEPOSITARY AGREEMENT AND ISSUANCE OF PROJECT LOAN AND PERMANENT NOTES RESOLUTION N0, 85-16 WHEREAS the IOWA CITY HORSING AUTHORITY (herein called the"Local Authority") propose (1) to enter into an Annual Contributions Contract (herein called the "Contract") with the United States of America (herein called the "Government"); (2) to enter into an agreement (herein called the "General Depositary Agreement") with one or more banks, each of which is a member of the Federal Deposit Insurance Corporation; and (3) to authorize the issuance of its notes as evidence of advances to be made to the Local Authority pursuant to the Contract; all with respect to any "Project" as defined in the Contract and which at any time now or hereafter is incorporated under the terms of such Contract. NOW, THEREFORE, BE IT RESOLVED by the Local Authority as follows: Section 1. The Contract, numbered Contract No. KC -9173 , is hereby approved and accepted both as to form and substance and the MAYOR is hereby authorized and directed to execute -said Contract in quadruplicate on behalf of the Local Authority, and the CITY CLERK is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward three executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The General Depositary Agreement, substantially in the form of Form No. HUD -51999A, is hereby approved and accepted both as to form and substance and is incorporated herein by reference and made a part hereof. The MAYOR is hereby authorized and directed to execute said Agreement in quintuplicate on behalf of the Local Authority, and the CITY CLERK is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward three executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 3. The DIRECTOR OF FINANCE is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting documents requesting advances to be made on account of the loan provided in the Contract, and the proper officers of the Local Authority shall prepare, execute and deliver to the Government Notes hereinafter authorized and shall accept payment therefor from the Government in cash and/or exchange for other Notes of the Local Authority, and such persons are authorized to do and perform all other things and acts required to be done or performed in order to obtain such advances. Cash proceeds from the sale of all Notes shall be deposited and disbursed only in accordance with the provisions of the. Contract. Section 4. (A) In order to provide monies to finance the Development -Cost of each Project and to refund, renew, extend or substitute for any Project Loan Notes (in the Contract called "Advance Notes") or Permanent Notes by this:Resolution authorized to be issued (or any such Notes by any other resolution authorized to be issued and which are outstanding, or on deposit fordelivery pending payment therefor, asof the date this Resolution becomes effective), or for any Project Notes (in the Contract called "Temporary Notes'O issued by the Local Authority in anticipation of the delivery of Project Loan or Permanent Notes, there are hereby author— ized to be issued, from time to time, Project Loan and Permanent Notes of the Local Authority in an aggregate principal amount outstanding at any one time (whether authorized by this Resolution or any other resolution authorizing the issuance of Project Loan or Permanent Notes) equal to the Maximum Development Cost (or the Actual Development Cost if such amount has then been determined) of each Project, less the sum of (1) the principal amount of Bonds issued to finance such Development Cost and (2) the principal amount of Project Loan, Permanent, or Project Notes issued to finance such Development Cost and which has then been retired from funds other than the proceeds of any loan obtained by the Local Authority. (B) Each such Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution; shall be signed in the name of the Local Authority by the MAYOR shall have the official seal of the Local Authority impressed thereon and attested by the CITY CI FRK Each Project Loan Note shall be in substantially the form of Form No. HUD -9204 and each Permanent Note shall be in substantially the form of Form No. HUD -52250, each of which forms is incorporated herein by reference and made a part hereof. Project Loan Notes and Permanent Notes shall be issued to finance the Development Cost of Non—Permanently Financed Projects and Perm anently.Financed Projects, respectively. (C) Each Note issued with respect to any Project shall be a direct. and general obligation of the Local Authority, the full faith and credit of which is hereby pledged for the punctual payment of the principal of and interest on such Notes, and, together with all other Notes issued, pursuant to this Resolution, shall be additionally secured by (1) a first pledge of the annual contributions payable to the Local Authority and authorized to be pledged to such payment pursuant to the Contract and (2) by a pledge of and lien on the Residual Receipts of such Project after providing for the payment of Bonds issued in respect to such Project. (D) As additional security for the equal and ratable payment of the principal of and interest on each Note issued with respect to any Project, together with each other Note issued with respect to such Project, the Local Authority, to the fullest extent permitted by the Laws of the Stale, hereby pledges, mortgages, conveys and grants unto the Government all property described in the Contract constituting such Project, including that certain real property relating to each such Project and more particularly described in the trust instrument or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contract: Provided, Prevlow ediilon Ir o6eol ere 31 That in respec. _ _'ermanently Financed Projecl;:lhe lieu r __h pledge and mortgage and rights granted and conveyed pursuant to this paragraph shall (1) be junior to file Bonds and junior to the pledge of Residual Receipts securing the Bonds, and (2) not be foreclosable until all Bonds shall have been paid and discharged in the manner provided In the Bond Resolutions. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Resolution and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds of the Local Authority as herein provided. Section 5. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Contract shall have the respective meanings ascribed thereto in the Contract. Section 6. All resolutions or parts of resolutions heretofore adopted bythe Local Authority which authorize the issuance and/or delivery of Advance, Project Loan or Permanent Notes pursuant to the Contract are hereby repealed: Provided, however, That such repeal shall in no way affect the validity of Advance, Project Loan or Permanent Notes issued pursuant to said resolutions which are outstanding or on deposit for delivery pending payment therefor on the date this Resolution becomes effective: Provided further, That the Project Loan Notes authorized by this Resolution shall be exchanged for any Advance Notes heretofore issued pursuant to any previous resolution. Section 7. This Resolution shall take effect immediately. It was moved by Ambrisco and seconded by Zuber Resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: X AMBRISCO X BAKER X _ DICKSON X _ ERDAHL X McDONALD X STRAIT X ZUBER Passed and approved this 15th. day of ATTEST: )�0411'211y--� 41_ / r,) CITY CLERK January , 1985. OWN Ppcelved & Approve-? By The legal Depertment u that the HUD -9201 (9-74) 3;k GP0 883.867 HUD - R. GENERAL DEPOSITARY AGREEMENT THIS AGREEMENT, entered into this day of , lq by and between (herein called the "Local Authority"), a duly organized and existing public body corporate and politic of the Ci tY of Iowa City, Iowa and First National Bank, Iowa City, Iowa (herein called the "Bank"), located at 204 E, Washington Street, Iowa City, Iowa WITNESSETH: WHEREAS, the Local Authority is undertaking the development and/or operation of certain housing pursuant to the terms of one or more contracts which may be amended or superseded (herein individually and collectively called the "Contract") between the Local Authority and the United States of America (herein called the "Government"), which projects are identified as follows: Project No. IA 05P022005 Name of Project Iowa City Housing Program ; and WHEREAS, under the terms of the Contract the Local Authority has agreed to deposit certain monies received by the Local Authority in connection with the afore- said projects with one or more banks under the terms and conditions specified in this General Depositary Agreement and may also deposit under the terms hereof certain amounts received in connection with any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest, NOW FURTHER WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. The Bank is and shall continue to be a member of the Federal Deposit In- surance Corporation as long as this Agreement is in force and effect. 2. All monies deposited by the Local Authority with the Bank under the terms of this Agreement shall be credited to the Local Authority in a separate account, designated " Iowa City Housing Prog. #IA 05P022005, 010 046 1 Account" (herein called the "Account"). All monies in the Account in excess of the amounts insured by the Federal Deposit Insurance Corporation shall be fully and continuously secured by the Bank by the deposit or setting aside of collateral of the types and in the manner as is prescribed by State law for the security of public funds. Said collateral shall at all times be of a market value at least equal to the amount of the monies so secured. 3. The Bank shall honor any (a) check or order drawn by the Local Authority upon the Account or (b) directive to purchase or sell securities pursuant to Para- graph 4, if such check, order, or directive is signed on behalf of the Local Authori- ty by an officer or member designated by resolution, a certified copy of which resolution or certification by a proper officer of the Local Authority as to the adop- tion of such resolution, shall be furnished by the Local Authority to the Dank. 4. The Bank shall purchase, with monies from the Account, and sell invest- ment securities as the Local Authority may direct. Such securities and any other securities which may be deposited by the Local Authority with the Bank under the terms of this Agreement shall be considered to be a part of the Account and shall be held by the Bank in safekeeping for account of the Local Authority until sold. Interest on such securities and the proceeds from the sale thereof shall be deposited in the Account upon receipt, 33 5. If the Bank receives written notice from the Government that no withdrawals by the Local Authority from the Account are to be permitted until thereafter author- ized by the Government, the Bank shall not honor any check or order of the Local Authority drawn upon the Account, or permit any withdrawal by the Local Authority from said Account until expressly authorized so to do by written notice from the Government, 6. The Bank is not obligated to be familiar, and shall not be charged, with knowledge of the provisions of the Contract, and shall be under no duty to investi- gate or determine whether any action taken by either the Local Authority or the Government in respect of the Account is consistent with or is authorized by the Contract or whether either the Local Authority or the Government is in default under the provisions of the Contract. The Bank shall be fully justified in accepting and acting upon, without investigation, any certificate or notice furnished to it pursuant to the provisions of this Agreement and which the Bank shall in good faith believe to have been duly authorized and executed on behalf of the party in whose name the same purports to have been made or executed, 7. The rights and duties of the Bank under this Agreement shall not be trans- ferred or assigned by the Bank without the prior written approval of the Local Authority. This Agreement may be terminated by either party hereto upon sixty days' written notice to the other party, a copy of which notice shall be promptly furnished to the Government. The rights and duties of the Bank hereunder shall not be transferred or assigned nor shall this Agreement be terminated during any period in which the Bank is required to refuse to permit withdrawals from the Account as provided in Paragraph 5. 8. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument. he depoe itary agreement heretofore entered into between the Bank apd-t3 Loual Authors reference to Projects No. to hereby terminated and all monies and securities of the Loc rtty on a 'th or held by the Bank pursuant to the terms agreement shall continue to be account of the Local y pursuant to and in accordance with the provisions o n- epoeitary Agreement. IN WITNESS WHEREOF, the Local Authority and the Bank have caused this Agreement 'to be executed in their respective names and their respective Deals to be impressed hereon and attested all as of the date and year first above written. (SEAL) ATTEST: Secretary City Clerk City of Iowa Cit Local Authority BY John McDonald, Mayor First National Bank Iowa City Iowa Bank (SEAL) (\ / ATTEST; By r Vice Presidentnt Cashier NOTE: Strike paragraph 9 if not applicable. 223063-v HUD -HAA, wa.h., D.C. 34 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DESIGNATION OF DEPOSITARY FOR DIRECT DEPOSIT OF LOAN AND/OR GRANT FUNDS SECTION I (To be Completed by recipient organization) NAME OF PROGRAM Iowa City Housing Program, Project # IA 05PO22005 The 1st National Bank , 204 E. Washington, Iowa City IA 52240 (Name. Address and 'LIP Code of Rank or Local Government Treasury) has been designated as the depositary for all funds to be received directly from the U.S. Treasury Department resulting from contract number KC -9173 executed with the U.S. Department of Housing and Urban Development for deposit to: Iowa City Housing Prog. # IA 05P022095 (Account Name and/or Number) Iowa City Housing Authority 410 E. Washington St., Iowa City, IA 52240 (.Name) (Address and ZIP Code) Mayor of Iowa City Joh NcDonald ��- 1-15-35 (Title of Executive Officer) (l,,Spiure of Executive fft0 'car) (Date) HUD -274 16-69) PREVIOUS EDITION MAY BE USED 35' The account identified in Section I has been established with this bank (or treasury as applicable). All necessary documentation, including a power of attorney where necessary, which will legally enable this depositary to receive U.S. Government checks directly from the U.S. Treasury Department for deposit to: Tows ritg Housing Prog # 05P022005 Account # 010 046 1 (Account Name and/or Number) without the payee's endorsement have been received and are in this depositary's custody. This depositary's deposits are insured by: F ,dam] nenosit Insurance Corporation First Nptinnpl Rnnk P_(1_ Rox 188o, Tows 01 ty, TA � �jh (Name of Bank or Treasury) (Address and ZIP Code where checks should be mailed) The Depositary hereby agrees to immediately notify the Recipient Organization when a deposit is made in the above account. Sgnior Vice President & Cash' t� Jan. 11, 1985 (Title of Authorized Bank Officer) (Signature kNuthorized Bank or Treasury Officer) (Date) l�Vll,lQ•a., Y. �.. 0 RESOLUTION NO. 85-17 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCEL "A-1" LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY; SETTING A PUBLIC HEARING FOR FEBRUARY 26, 1985, ON THE PROPOSED SALE AND CONVEYANCE OF SAID LAND; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. WHEREAS, the City of Iowa City, acting as the Grantee/Municipality pursuant to the provisions of Title 24 CFR, Part 570, and provisions of Chapter 403, Code of Iowa, has used Community Development Block Grant funds for land acquisition and clearance to facilitate improvements to the Lower Ralston Creek Area of Iowa City, and WHEREAS, the City of Iowa City wishes to offer a remaining parcel of land for private redevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That, until 10:00 AM, February 25, 1985, the City Manager and/or his designee is hereby authorized and directed to solicit offers to purchase certain city -owned land known as Parcel A-1, fronting on Benton Street (near Dubuque Street intersection) legally described as the East 1/2 of Lot 36 of White's Subdivision of Outlot 4 of the County Seat Addition to Iowa City. 2. That a public hearing is hereby set for Tuesday, February 26, 1985, at 7:30 PM in the Council Chambers, Iowa City Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which time and place the City Council will consider the sale and conveyance of said parcel A-1 for private redevelop- ment. 3. That, as required by law, the City Clerk is hereby authorized and directed to publish notice of solicitation of offers to purchase and notice of public hearing on the proposed sale and conveyance of said parcel. It was moved by Zuber and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS X _x x x Passed and approved this 22nd, day of ATTEST:u) 4-11._ y(/ a a� CITY CLERK ABSENT: Ambrisco the AMBRISCO BAKER DICKSON X ERDAHL MCDONALD STRAIT ZUBER 1:....,� menf 37 RESOLUTION NO. 85-18 RESOLUTION ACCEPTING THE WORK FOR THE PAVING AND STORM SEWER IMPROVEMENTS FOR LOTS 1 AND 20 IN HIGHLANDER DEVELOPMENT FIRST ADDITION WHEREAS. the Engineering Division .has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The paving improvements for Lots 1 and 20 in Highlander Development First Addition as constructed by Metro Pavers, Inc, of Iowa City, Iowa. The storm sewer improvements for Lots 1 and 20 in Highlander Development First Addition as constructed by H. D. Knowling Co. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopte , and upon roll cal there were: AYES: NAYS: ABSENT: x Ambrisco R Baker R Dickson _ X Erdahl x_ McDonald X Strait X Zuber Passed and approved this 29th. day of January 19 85. MAYOR ATTEST: A An proved CITY CLERK I P. --al ^� isapartineat 39 RESOLUTION NO. 85-19 RESOLUTION ACCEPTING WORK FOR A PORTION OF THE PAVING IMPROVEMENTS FOR FIRST AND ROCHESTER, PART ONE WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The portion of paving improvements to be accepted is adjacent to Lots 26-35, 37-40, 43 and 44 of First and Rochester, Part One in Iowa City, Iowa as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were AYES: NAYS: ABSENT: E Ambrisco X Baker X Dickson X Erdahl _IL McDonald E Strait x Zuber Passed and approved this 29th. day of January 19 85 , MAYOR .C:Pproved ATTEST: % > y(! / By i:e LE�a, Aja artment CITY CLERK a'1%� Z/ffi— 3ck RESOLUTION N0. 85-20 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR FIRST AND ROCHESTER, PART ONE WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The sanitary sewer improvements for Lots 39-43 of First and Rochester, Part One in Iowa City, Iowa. The storm sewer improvements for Lots 26-35 and 37-44 of First and Rochester, Part One in Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were AYES: NAYS: ABSENT: E _ Ambrisco _ Baker — x Dickson X Erdahl x McDonald x Strait X Zuber Passed and approved this 29th. day of January MA OR ATTEST: �J, n ) 41'�_ Received & Approved CITY CLERK 4� Br feRt-1 D�ar��ent RESOLUTION NO. 8,_21 RESOLUTION APPROVING THE FINAL PLAT OF FIRST AND ROCHESTER ADDITION, PART II, A SUBDIVISION OF IOWA CITY, IOWA. WHEREAS, the owners, Plum Grove Acres, Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of First and Rochester Addition, Part II; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same with an agreement executed between the owners and the City of Iowa City deferring the issuance of any building permits on Lots 53, 73-78 and 81 until such time as the east and northeast Iowa City development moratorium policy enacted by Resolution 83-187 and amended by Resolution 83-409 is rescinded; and, WHEREAS, the final plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved with the above agreement; and WHEREAS, the final plat is found to conform with all the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of First and Rochester Addition, Part II, is hereby approved, subject to an agreement deferring development on Lots 53, 73-78 and 81, as described above. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify approval of this resolution and of the final plat after passage and approval by law; and the owner/subdivider shall record them at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Ambrisco and seconded by the Resolution be adopted, and upon roll call there were: AYES: X X X X X Passed and approved this 29th NAYS ABSENT: Strait Ambrisco X Baker Dickson �— Erdahl McDonald Strait Zuber _ day of Jane 1985. AYOR ATTEST: ITY CLERK Reeelvm & Approved By Thf Legal D—)rtment 41 RESOLUTION NO. 85_22 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SOUTHWEST ESTATES AND THE FINAL PLAT OF SOUTHWEST ESTATES PART ONE, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Mary Jo Eicher, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Southwest Estates Subdivision and the final plat of Southwest Estates Subdivision, Part One; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plats and have recommended approval of same without provision of City water or City sewer service, with a waiver of the preliminary platting requirements for Lot 5, with a waiver of the sidewalk requirements for Lots 1-4, and with deferral of stormwater management requirements for Lots 1-5; and WHEREAS, the preliminary and final plats have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that they be accepted and approved with the provisions, waivers and deferrals stated above; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Southwest Estates Subdivision and the final plat of Southwest Estates Subdivision Part One is hereby approved subject to: a. No provision of City water or City sewer service. b. Waiver of the preliminary platting requirements for Lot 5. c. Waiver of the sidewalk requirements for Lot 1-4. d. Deferral of storniater management requirements for Lots 1-5. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the final plat at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. ya It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER DICKSON ERDAHL _x MCDONALD _x STRAIT x ZUBER Passed and approved this 29th•day of January 1985. AYOR ATTEST: CIT CLERK 42) RESOLUTION NO. RS -7g RESOLUTION APPROVING THE AMENDED BYLAWS OF THE IOWA CITY PLANNING AND ZONING COMMISSION. WHEREAS, the Planning and Zoning Commission of Iowa City, Iowa, adopted their amended bylaws at a regular meeting held December 6, 1984; and WHEREAS, the charter of the City of Iowa City, Iowa, requires that "the Council shall establish rules and procedures for the operation of all boards, which must include but are not limited to the adoption of bylaws and rules pertaining to open meetings."; and WHEREAS, the Rules Committee of the Iowa City City Council has reviewed said bylaws and recommended their approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amended bylaws of the Iowa City Planning and Zoning Commission are hereby approved as shown on Exhibit A. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker _ Dickson X Erdahl McDonald X_ Strait _ X Zuber Passed and approved this 29th. day of JanuaryQQ 1985. YOR dJ ATTEST: 1J/ln;n / ora 4y EXHIBIT A BYLAWS Iowa City Planning and Zoning Commission ARTICLE I AUTHORITY: The Iowa City Planning and Zoning Commission shall have that authority which is conferred by Chapter 414 of the Code of Iowa, Chapter 27, Code of Ordinances, City of Iowa City, and through the adoption of these bylaws stated herein. ARTICLE II PURPOSE: The purpose of the bylaws stated herein is to provide for the general welfare of the citizens of Iowa 'City, by establishing a Planning and Zoning Commission to advise the City Council on all matters pertaining to the physical development and the Comprehensive Plan of Iowa City. ARTICLE III MEMBERSHIP: Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall be qualified electors of the City of Iowa City, Iowa. Section 2. Com ensation. Members shall serve without compensation u may a reimbursed for expenses incurred for travel outside the city on designated Commission business Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior' to the first regular meeting following their appointment, new members shall be provided with copies of the City Zoning and Subdivision Code, Bylaws, and other documen- tation that would be useful to Commission members in carrying out their duties. They shall also be given an orientation briefing by the City staff and the Commis- sion as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Commission member from regular formal meetings may result in a recommendation to the City Council from the Commission to discharge said member and appoint a new Commission member. Section 5. Vacancies. Any vacancy on the Commission because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. 45 Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring on May 1. Not more than one-third of the terms may expire in any one year. Section 7. Resignations. Resignations should be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Program Development and Chairperson of Planning and Zoning at least 60 days prior to the date of intended departure. ARTICLE IV OFFICERS: Section 1. Number. The officers of this Commission shall be a Chairperson, Vice -Chairperson, and Secretary, each of whom shall be elected by the members of the Commis- sion. Section 2. Election and Term of Office. Officers of the Commis- sion shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resigns ion, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chair erson. The Chairperson shall, when present, presi e a all meetings, appoint committees, call special meetings and in general perform all duties • incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chair erson. In the absence of the Chairperson, or in a even, ven of death, inability or refusal to act, the Vice -Chair erson shall perform the duties of the Chairperson and when done so shall have all the powers of and be subject to all the restrictions "upon the Chair erson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairerson and Vice -Chairperson shall perform the duties o Chair ep rson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. 46 3 ARTICLE V MEETINGS: Section 1. Regular Meetings. Regular formal meetings of this Commission shall be held twice monthly whenever possible. Section 2. S ecial Meetin s. Special meetings of the members may e ca e y e Chair e� rson and shall be called by the Chairperson or Vice -Chair ep rson at the request of three . or more members of the Commission. Section 3. .Place of Meetings. Regular formal meetings shall be in a place accessible to handicapped. ' Section 4. Notice of Meetings. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings. The news media shall be notified by staff as required under Chapter 28A, Code. Section 5. Quorum. A majority of the members of the Commission s FT7constitute a quorum at any meeting. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discus- sion. Section 8. Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 9. Voting. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A two-thirds vote of the members of the Commission present or not less than four votes shall be required in consideration of a substantial amendment to the Zoning Ordinance and the adoption of the Comprehensive Plan or part or amendment thereof. Voting will be, upon request, by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chair ep rson, is required to cast a vote upon each motion. However, a member may abstain if the member believes there is a conflict of interest. A member who elects to abstain from voting shall state the reason for the abstension at the time of voting. During the discussion of the matter under considera- tion, a member who plans to abstain from voting should 41 so inform the Commission, so that other Commission members can properly weigh the opinions given by a member who believes a conflict of interest exists. Section 10. Roberts Rules of Order. Except as otherwise provided herein, Roberts Rules of Order shall be used where applicable. ARTICLE YI POWERS AND DUTIES: The City Planning and Zoning Commission, in addition to the powers conferred by Chapter 414 of the Code of Iowa, possesses the .following powers established by Chapter 27, Code of Ordinances, City of Iowa City: Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such Commis- sion bears relation to a comprehensive plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. Section 2. To make recommendations for the location or erection of statuary, memorials or works of art in public places, public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor. Section 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same intended to be dedicated for public use. Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements, or the vacation thereof. Section 5. To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a coordinated, adjusted and harmonious development of such city in accordance with the present and future needs thereof to the end that the health, safety, morals, order, convenience, prosperity and general welfare may be promoted. Section 6. To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. Section 7. To prepare a comprehensive plan regarding the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts ,and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, L industry, residence, or other purposes and to this end shall prepare a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council. Section 8. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. Section 9. To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other.ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. ARTICLE VII HEARINGS: Section 1. Comprehensive Plan. Before the adoption or amending of any part of the Comprehensive •Plan, the Iowa City Planning and Zoning Commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the municipality, not less than seven days or more than 20 days before the date of hearing. After adoption of said plan by the Commis- sion, a copy shall be•forwarded to the Council. If the plan, or any modification or amendment thereof, shall receive the approval of the Council, the plan, until subsequently modified or amended as authorized by this section, shall constitute the official city plan of Iowa City. After the City Council has adopted all or part of a comprehensive plan, the Planning and Zoning Commission shall: (a) Investigate and make recommendations to the City Council upon reasonable and practical means for putting into effect the comprehensive plan in order that it will serve as a pattern and guide for the orderly growth and development of the city. The measures recommended may include plans, regulations, programs, financial reports and capital budgets. (b) Prepare a biannual report to the City Council on the status of the plan and progress on its implementation. (c) Endeavor to promote public interest in and understand- ing of the comprehensive plan and regulations relating to it. a (d) Consult with and public utility professional and generally, on the the comprehensive ARTICLE VII CONDUCT OF COMMISSION BUSINESS: advise public officials companies, and civic, other organizations, Implementation of the plan. and agencies, educational, and citizens provisions of Section 1. Agenda. The Chair ep rson, or a designated representa- tive, together with staff assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Commission members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed to Commission and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Commission shall review all policies and programs of the City, relating to the Commission's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. - Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission will initiate considera- tion of each item at the next regular Commission meeting and shall notify Council of its disposition. Section 5. Attendance at Council Meetin s. The goal of the Commission is o ave a east one representative at each regular formal meeting of the City Council. It is the responsibility of the Chairperson to designate the method by which this goal is achieved. The Chairperson or designated representative may also be requested to attend informal Council sessions at which matters pertaining to the Commission's responsibilities are to be discussed. Section 6. Annual Report. An annual report detailing the activi- ties of the Commission shall be prepared by the Chairman, approved by the Commission, and submitted to the City Council. 5b ARTICLE VIII SUBCOMMITTEES: ARTICLE IX AMENDMENTS: The subcommittees of this Commission including composi- tion, duties, and terms shall be designated by the Chair. These bylaws may be altered, amended or repealed, and new bylaws adopted by an affirmative vote of not less than four members of the Commission at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. 51 RESOLUTION NO. 85-24 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO AMEND THE LOW INTEREST LOAN MANUAL FOR THE HOUSING REHABILITATION PROGRAM WITH A REVISION OF CHAPTER 3 &CHAPTER 6 (WEATHERIZATION LOANS INVOLVING LAND SALES CONTRACTS). WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1983), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the City Council has budgeted Community Development Block Grant funds to engage in Housing Rehabilitation Programs within the designated Neighborhood Improvement Areas, and WHEREAS, part of said program involves Low Interest Loans as a method of financing rehabilitation, and WHEREAS, the City Council has approved and authorized the implementation of the Low Interest Loan Program by Resolution No. 82-91, and WHEREAS, the City of Iowa City desires to amend the Low Interest Program by adding the revised sections to Chapters 3 and 6 as shown in the attached copies which by this reference are made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Procedural Manual be amended for the Housing Rehabilitation Low Interest Program in accordance with the attached revisions. It was moved by Ambrisco and seconded by Strait the Resolution a adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco X Baker X Dickson �— Erdahl X McDonald X Strait X Zuber Passed and approved this 29th ATTEST: CITY CLERK _ day of January 1985. YOR E owfted A ApF,rvoc By The EaSai Depnrhmnt _ flit Qa� T sa CHAPTER 3. ELIGIBILITY REQUIREMENTS 1. GENERAL. This chapter sets forth eligibility requirements as to the property and the applicant for a rehabilitation loan. A rehabilitation loan may be made only with respect to a property located within: the concentrated rehabilitation area(s) as approved by the City Council. The property must need rehabilitation to meet the Rehabilitation Standards. Neither an individual family nor a structure may participate more than once in this program. 2. REQUIREMENTS APPLICABLE TO EVERY LOAN. A rehabilitation loan cannot be approved if the applicants record sows a disregard for former obliga- tions, or if there is a clear inability to make the payment that will be required. In addition, depending upon the type of applicant and property involved, the requirements as described below also apply. 3. REQUIREMENTS APPLICABLE TO LOAN FOR RESIDENTIAL PROPERTY. An applicant for a rehabilitation loan on residential property must be the owner of the property. *REVISED 4. REHABILITATION LOAN INVOLVING A LAND SALES CONTRACT. All land sales SECTION contracts must be refinanced or retired before an applicant can apply for a Low Interest Loan for comprehensive rehabilitation. However, for a weatherization loan only, an applicant may be eligible if they meet the following test: a. Have at least 20% equity in the property. b. Obtain appropriate release from title holder. c. Have ability to repay. (See Chapter 5.) d. Have possession of the property and reside in it at least one year prior to making application for a weatherization loan. 53 *REVISED SECTION 14 b. Verification of Em to ment. Include a completed CDR -7633 "Request for erif�cation o Emp F n " for each position held within the last 12 months. Verifications of employment must be completed for all persons whose signatures will appear on the promissory note and mortgage. c. Verification of De os its. CDR -7634 must be completed for each checking an or savings account fisted by the applicant(s). Verification of Int received by the ap disability benefits, on investments, etc. is from his/her own operating statement, :ome from Other Sources. Verify all other income scant s , suc as pensions, social security, ADC, rentals, income from care of foster children, interest If the principal source of income of the applicant(s) business, include a currently dated balance sheet and or a copy of his/her most recent tax return. Verification of Mortgage or Deed of Trust. Complete CDR -7639 for each outstanding mortgage or land sales contract on all properties being purchased by the applicant(s). f. Credit Data. Obtain a written credit report from the Credit Bureau. g. Construction Contract Document. See Chapter 13. Ownershp Data. The Rehabilitation Officer shall make a preliminary informa_domination of ownership. The citation from the land records or other official records used in the verification shall be retained in the file. This informal verification shall be followed, at the appropriate time, by a formal verification in the form of a written title search and the continuation of the abstract. Rehabilitation Loan Involving a Land Sales Contract. All land sales contracts must be refinanced or retired before an applicant can apply for a Low Interest Loan for comprehensive rehabilitation. However, for a Weatherization Loan only an applicant may be eligible if they meet the following test: Have 20% equity in the property. Obtain appropriate release from title holder. Have ability to repay. (See Chapter 5.) Have possession of the property and reside in it at least one year prior to making application for a weatherization loan. Note: From Chapter 6. Processing and Submissions for a Rehabilitation Loan. 54 RESOLUTION NO. 85-25 A RESOLUTION REPEALING RESOLUTION NO. 79-117 AND ADOPTING A NEW RESOLUTION ESTABLISHING FEES FOR SERVICES PERFORMED BY THE OFFICE OF THE CITY CLERK. WHEREAS, every citizen has a right to examine and copy public records and documents, and WHEREAS, Section 68A.3 of the Iowa Code provides that all expenses of such work shall be paid by the person desiring to examine or copy such records, and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need to ensure the protection of public records and to prevent interference with orderly office routine, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The charge for copies of records and documents shall be as follows: Duplicate copies (xerox) Municipal Code (as updated) Municipal Code supplements Duplicate cemetery deeds Recording of cemetery quit claim deeds Recordak copies $ .10 each $45.00 plus supplements Actual pro -rated cost $ 1.00 $ 2.00 $ .50 each 2. No charge will be made for the first 15 minutes for the services of the City Clerk or his/her staff in research, retrieval or copying of records. Inspections of more than 15 minutes will be assessed in quarter hour intervals as follows: a. Non- professional aid or supervision, $2.00 per quarter hour inter- val. b. Professional aid or supervision, $4.00 per quarter hour. If the service requested cannot be timely completed during regular office hours, a person may request that it be completed after hours. The charge will be based upon the overtime paid to the person providing assistance. The decision to authorize overtime shall be made by the City Clerk, and the City Clerk cannot guarantee that the information will be provided in the time requested. The custodian shall provide an estimate of the cost upon request and the cost shall be paid prior to the delivery of the requested documents or information. 55 RES0111119N N0. 85 - PAGE 2 Tapes are available of City Council meetings. Under no circumstances should tapes be taken from the City Clerk's office without staff supervi- sion. Persons interested in listening, monitoring, note taking and/or transcribing must do so with City staff present at all times and must pay for the time expended as outlined in item 2 above. A person may request a duplicate tape of a City Council meeting. The charge will be based upon the actual cast of the tape plus employee time as calculated in item 2. A person may request up to six meetings at a time and should allow a minimum of 48 hours to honor such a request. The above -stated procedure relates only to tapes that are under the City Clerk's custodial care. It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call t ere were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON _ ERDAHL X MCDONALD _X STRAIT X ZUBER Passed and approved this 29th. day of January 1985. AYOR ATTEST: Yj���. CI FY CLERK Rae�ivAd ? ai:�roved �r 516 RESOLUTION NO. 85-26 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT, PARCEL 65-2B. WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency, has entered into a contract for Loan and Grant with the United States of America for the implementation of the Urban Renewal Project known as Project No. Iowa R-14; and WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as the Local Public Agency by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and WHEREAS, the City of Iowa City has adopted and approved the Urban Renewal Plan for said project and Resolution No. 2157, dated October 7, 1969, in which Plan has been modified and amended from time to time; and WHEREAS, the City Council of Iowa City amended the Urban Renewal Plan in August of 1984 to designate Parcel 65-2b as a disposition parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is hereby authorized and directed to solicit offers for the purchase of Parcel 65-2b for a minimum bid price of $10,500 for a commercial or office development, with a bid period of 30 days ending at 12:00 p.m., March 4, 1985; and BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish notice of such solicitation for Parcel 65-2b for said private redevelop- ment. It was moved by Strait and seconded by _ the Resolution -Fe adopted, and upon roll call there were: Ambrisco AYES: NAYS: ABSENT: X Ambrisco �— Baker �— Dickson _X_ �— Erdahl -I-- McDonald Strait X Zuber Passed and approved this 29th. day pf January . 1985. ATTEST: 229ig;,I-) zP 7 e'2,L�/ CITY CLERK Received $ Apprrvad By' Th,- L" sI Vepoe4rctert3 57 RESOLUTION NO. 65-27 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: Yacht Club -- 1515 Mall Drive Ye Old Keg Shoppe--1910 South Gilbert It was moved by Strait and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber AYES: NAYS: X X X X X X X Passed and approved this 19 85 Attest: e. �a City Clerk ABSENT: 12th. day of February ayor RESOLUTION NO. 85-28 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 an to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Ambrose-Lovetinsky, Inc. dba Tycoon I. C., 223 East Washington Amelia Corporation, dba Amelia Earhart Deli, 223 East Washington It was moved by Strait and seconded by that the Resolution as read be a opted, and upon roll ca fi�ere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 12th. day of Fehn,,x:g 19 85 Attest: 59 RESOLUTION NO. 85-29 RESOLUTION SETTING PUBLIC HEARING ON THE OPERATING BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1985 THROUGH JUNE 30, 1986, THE PROPOSED USE OF FEDERAL REVENUE SHARING FOR THE FISCAL YEAR JULY 1, 1985 THROUGH JUNE 30, 1986, AND THE PROPOSED FIVE-YEAR CAPITAL IMPROVE- MENTS PROGRAM FOR FISCAL YEAR 1986 THROUGH FISCAL YEAR 1990. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hear- ing be held in the Civic Center at 7:30 p.m., February 26, 1985, to permit any taxpayer to be heard for or against the proposed FY86 Operating Budget, the proposed use of Federal Revenue Sharing monies for the year ending June 30, 1986, and the proposed FY86-FY90 Capital Improvements Program. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time for such hearing. It was moved by Strait and seconded by Erdahl the Resolu- tion be adopted, and upon roll all there were: AYES: NAYS: ABSENT: y AMBRISCO y BAKER _ DICKSON ERDAHL MCDONALD X STRAIT X ZUBER Passed and approved this 12the day of February 1985. v YOR ATTEST: Y11 2;� T. n A A i CITY CLERK 5y V. 11, RESOLUTION NO. 85-30 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A RIGHT OF WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS WHEREAS, the Iowa Department of Transportation requires cities to comply with the provision of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act by furnishing assurances concerning acquisition of right of way for highway projects funded with Federal Aid funds to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign a right of way assurance statement for Federal Aid Projects. It was moved by Strait and seconded by Erdahl that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker _-x Dickson _Y Erdahl x McDonald X Strait X Zuber Passed and approved this 12th.day of February , 1985. YOR ATTEST: ) -ems. ) CI CLERK 61 Return this form by February I, 1985 RTCUT OF WAY ASSURANCE STATEMENT City of Iowa City To comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, the City Council of the City of Iowa City furnishes the following assurances to the Iowa Depart- ment of Transportation. 1. It is the policy of the Citv of Iowa City to acquire right-of-way in accord with Title III of said 1970 Act and applicable state laws. 2. It is the policy of the City of. Iowa City to provide relo- cation assistance benefits in accord with Title TT of said 1970 Act and applicable state laws. 3. The above named City will contact the Iowa Department of Transportation for assistance as needed to assure compliance with applicable laws which are summarized in the instructions entitled "Right -of -Way Acqui- sition Policies and Procedures." February 12, 1985 Lv A��� Date Approved Mavor of the City Received F, Approved Gy 'he Lk:gal 0 ;-trrnunt 6 �� RESOLUTION NO. 85-31 RESOLUTION ACCEPTING THE WORK FOR THE CAPITOL STREET RAMP IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Capitol Street Ramo Improvement Project as included in a contract between the City of Iowa City and McComas-Lacina Construction Company Inc. of Iowa City, Iowa dated July 17, 1984 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Baker X Dickson X Erdahl X McDonald X_ Strait X Zuber Passed and approved this 12th. day of February 1985 MAYOR ATTEST: �� a� -Ko„ ) CITY CLERK Received & Approyod 6y Thz Leda! Depbrtment =/tA) RESOLUTION NO. a5-�2 RESOLUTION ACCEPTING THE WORK FOR THE FY85 BRIDGE PAINTING PROGRAM WHEREAS, the Engineering Division has recommended that the improvements covering the FY85 Bridge Painting Program as included in a contract between the C� Iowa City and Dairxlan III@ ent Comoanv. Inc. of Cottage Grove, Wisconsin date August 6. 1984 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ _ Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait x_ Zuber Passed and approved this 12th• day of February 19 85 MAYOR ATTEST: �(�ng _C TYGL RK Receivad s- 11i>y:n4�ci By i4e L'3"! 0,.-P finenf z � r cq RESOLUTION NO. 85-33 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF THE PAVING IMPROVEMENTS FOR FIRST AND ROCHESTER, PART TIVO WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The portion of paving improvements adjacent to Lots 45- 66, 80 and 81 of First and Rochester, Part Two, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ Ambrisco -x- — _ Baker —x— Dickson �L Erdahl McDonald _X— Strait —X- Zuber Passed and approved this -12tli,day of February 19 85I L4 -$Z, MAY R Raeei max- & Approved ATTEST:2 "CITY CL �/ ) pepar meed CITY CL RK � � (n� RESOLUTION NO. 85-34 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF OF THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR FIRST AND ROCHESTER, PART TWO WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The sanitary sewer improvements for Lots 45-72 and 79-81 of First and Rochester, Part Two, in Iowa City, Iowa. The storm sewer improvements for Lots 45-66, 80 and 81 of First and Rochester, Part Two, in Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _x Baker Dickson Erdahl _ McDonald Strait _ Zuber Passed and approved this 12th. day of February MAYOR ATTEST: 2?ja� kl. CITY CLERK 1985 . Received & Approved Dy The LcTai rizpeetment Hes. '95-35 Please Return To Memorandum or Agreement BELIN, HARRIS, HELMICK, HEARTNEY & 7ESDELL IDR -4051 (Memo) 2000 Financial Cuter Des Moines, loft 50309 Iowa City, Iowa The City Council of Iowa City, Iowa, met in regular session on the 12th. day of February , 1985, at 7:30 o'clock, ..¢ .m. , at the Civir Center Council Chamh rs , in Iowa City, IoWd. The meeting was called to order and there were present Tohnc Mem McDonald , Mayor, in the chair, and the following named ounere: Ambrisco. Baker. Dickson. Frdahl. Strait, Zuber Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Zuber introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Southgate Development Company, Inc." and moved its adoption; seconded by Council Member Ambrisco After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting,adjourned. Attest: (Seal) -1- ^FltN HARRIS HELMICK HEARTNF_V A TFSDF.LL I %%b VFRC DES OWA "1 RESOLUTION 85-35 A Resolution authorizing the execution of a Memorandum Of Agreement with Southgate Development Company, Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the ."Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, for an urban renewal area designated as such pursuant to Chapter 403 before July 1, 1979; and WHEREAS, the Issuer had adopted a Neighborhood Redevelopment Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and has designated an area within the Urban Renewal Area as a Chapter 403 area eligible to apply for industrial revenue bonds and in furtherance of its efforts to carry out the Urban Renewal Plan for such area and the Issuer proposes to issue its revenue bonds pursuant to the Act and loan the proceeds thereof to Southgate Development Company, Inc. (the "Company") to finance the renovation and rehabilitation of the Company's existing 24,500 sq. ft., four story building located at 325 East Washington within the Urban Renewal Area for use as office and retail space. WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to'issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to -execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text'and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby such further action as may be necessary to carry out purpose of the Memorandum of Agreement. -2- authorized to take the intent and RELIN HARRIS HELMICK HEARTNEV & TESDELL I AWYFR4 DFS MOINES IOWA YL" Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 12th. day of February , 1985. Attest: L'tity Clerk -3- "JVo'C� yor (Seal) REUY -ARRI'; NEL i11OK HEARTNEV d TFg pE!L LAWVFgc PGS L101HFS IOWA EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Southgate Development Company, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan for an urban renewal area designated as such pursuant to Chapter 403 prior to July 1, 1979. (b) The Issuer adopted a Neighborhood Redevelopment Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and has designated an area within the Urban Renewal Area as a Chapter 403 area eligible to apply for industrial revenue bonds and in furtherance of its efforts to carry out the Urban Renewal Plan for such area the Issuer proposes to issue its revenue bonds pursuant to the Act and loan the proceeds thereof to Southgate Development Company, Inc. (the "Company") to finance the renovation of the Company's existing 24,500 sq. ft., four story building located at 325 East Washington within the Urban Renewal Area for use as office and retail.space. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in an aggregate principal amount not to exceed $1,100,000 which the Company estimates will be sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $1,100,000. -4- BELIN HARRIS HELMICK HEARTNEY R TESDFLL I AWYCRq CFS `.IOINFS IOWA � (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Compan (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) it will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that .such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. -5- nFt-1 -ARRIS WELVICK IiFARTNEV 8 TE¢DELL - AWVFR+ CES 1.10'NF` 10WA , I (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended.. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the _Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this 12th. day of February 1985. Iowa it Iowa �� ��JJ ayor Attest: dkak ,.. � �q I Cle k (Seal) (Seal) Sou hgt Dev ment Company, Inc. By ?ELIN HARRIS HELMICK WPARTrJEV R Tccnci L - AWVCP¢ ^cc %q --pc t%yn 1a State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Southgate Development Company, Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this 12th, day of February , 1985. (Seal) CLI/eiuJ -F 7(0A A i Citkay Clerk -7- ❑1LIV 1•ARRIS HFLk4IrK RFAAT n1 FV R TESDFLL ' AW YFRc rc¢ .1D•;r¢ in; Res- 86-31P Please Return ToEY & TESOELL BELIN, HARRIS HE MILK, Hl AR itQ Des Moines, Iowa 50309 Proceedings Fixing Date for Hearing IDR -4051 (N/H) Iowa City, Iowa Fehrim g 12, 1965 The City Council of Iowa City, Iowa, met in re lar session on the 12th. day of February 1 , at 7:30 o'clock, P m., at the Civic center ounce ambers , in Iowa City, Iowa. The meeting was called to order and there were present John McDonald , Mayor, in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, Strait, Zuber Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Ambrisco introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project)", and moved its adoption, seconded by Council Member Dickson After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl Nays: Absa�•it: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. M or Attest: City Clerk %Seal) -1- a F[ IN i+ARRIC "Ft PICK ,+c ART NFV A TFq PFIL AVVVFR4 ^=c +n•:Fc nWA N RESOLUTION $5-36 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, for an urban renewal area designated as such pursuant to Chapter 403 before July 1, 1979; and WHEREAS, the Issuer had adopted a Neighborhood Redevelopment Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and has designated an area within the Urban Renewal Area as a Chapter 403 area eligible to apply for industrial revenue bonds and in furtherance of its efforts to carry out the Urban Renewal Plan for such area and the Issuer proposes to issue its revenue bonds pursuant to the Act and loan the proceeds thereof to Southgate Development Company, Inc. (the "Company") to finance the renovation and rehabilitation of the Company's existing 24,500 sq. £t., four story building located at 325 East Washington and within the Urban Renewal Area for use as office and retail space; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Southgate Development Company,.Inc. Project) of the Issuer in an aggregate principal amount not to exceed $1,100,000 (the "Bonds") and to ]nan said amount to the Company under a Loan Agreement between the an6 the Company upon irtu:ually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and pay able; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- ori i, .,zPniq—ri'grq ur'nnTNcv o 7r�rr , _ v ... rc 1 -75 Section 1. This Council shall meet at the Civ;r Cantpr in Iowa City, Iowa, on the 19th day of Marrh , 1985, at 7:30 o'clock, _p.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Iowa City Press -Citizen 'a newspaper published and having a general circulation hi witn the Issuer. The notice shall be in substantially the following form: -3- act 1.: F:aRRIq 'IF[%41('K HFARTNFV e TF�n ElL I AW"' n5 -Ir. Vin., cq •I^ e ,b NOTICE OF INTENTION TO ISSL_ INDUSTRIAL DEVELOPMENT REVENUE BONDS (Southgate Development Company, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 12th day of March, 1985, at the Civic Center, in Iowa City, Iowa, at 7:30 o'clock, p.m., for the purpose of con- ducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the 'Issuer, in an aggregate principal amount not to exceed $1,100,000 (the "Bonds"), and to loan said amount to Southgate Development Company, Inc. (the "Company"), for the purpose of defraying all or a portion of the cost of the renovation and rehabilitation of the Company's existing 24,500 sq. ft. four story building located at 325 E. Washing- ton within the Urban Renewal Area for use as office and retail space. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place affixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution deter- mining whether or not to proceed with the issuance of the bonds. Written comments may also be submitted to the Issuer at 410 E. Washington Street, Iowa City, Iowa 52240. Written comments must be received by the above hearing date. By order of the City Council, this 12th _ day of February, 1985. 7� Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 12th. d Attest: City Clerk (Seal) r -5- of February , 1985. QFL"; HARRIS uFLYICK MFA4TyFv ; sFSDEII A V,j oe ..•.IFc �.;+;a 7$ State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000. WITNESS my official signature and the seal of said City thisl2th. day of February , 1985. (Seal) City Clerk MM vcLiy wAPPIS "FVAWK H�AR71JF ' TF<1`1 I I ' W'+[ -+ -P ., •,r q ,iT„A 71 RESOLUTION NO. 85-37 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNIVERSITY OF IOWA WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Universit of Iowa a copy of said agreement being attached to this Reso ution an by t is reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement, which defines the responsibilities of each party regarding the intersection and storm sewer improvements at Byington Road and Melrose Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the University of Iowa 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Zuber the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _ X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 12th -day of February MAYOR ATTEST: ]�?o. ,� ,(� 76�w> CITY CLERK that 19 85 . Received It Ap1pr0'je=' BY Tera Ee-rel Ge. qrtmenl GO m AGREEMENT This agreement is entered into this 7 �74- day of 198.5 by and between the City of Iowa City (hereinaf called City) and The University of Iowa (hereinafter called University). WHEREAS, the University has undertaken the construction of a new Law Building and parking facility east of and adjacent to Byington Road and over a portion of vacated Melrose Avenue east of Byington Road; and WHEREAS, the City and University agree that intersection and storm sewer improvements at Byington Road and Melrose Avenue are desirable to improve traffic flow and handle storm water flow; and WHEREAS, the improvements shall consist of complete removal of concrete pavement at the Byington Road and Melrose Avenue intersection and replacement with: portland cement concrete pavement including the construction of a 75 foot inside curb radius, and the installation of two storm inlets with necessary storm sewer outlet piping; NOW, THEREFORE, in consideration of the premises and mutual covenants stated below, the parties agree as follows: 1. Subject to design approval of the City's Director of Public Works, the University will be responsible for design, inspection, and construction management services and costs thereof. The University's consultant shall q consult with the City's Director of Public Works during the design phase to ensure that the design is acceptable to the City and meets the City's design standards. 2. The University will be responsible for all storm sewer construction costs, including storm inlets. 3. The City will be responsible for the Melrose Avenue/Byington Road paving removal and reconstruction costs. 4. The University will dedicate for public use, as appropriate, such additional right-of-way, including deeds and descriptions thereof, as may be necessary. 5. Upon completion of the project, the City shall reimburse the University for its share of the construction costs. FOR THE CITY OF IOWA CITY By: 1,z A4Z��� Jahn McDonald. Mayor Attest: ///o a,..n J -,e X J City Clerk FOR THE UNIVERSITY OF IOWA s ii j M. J.A41nnegan Assoc.Business Manager ROYAL - 7 weel pry RESOLUTION NO. 85-38 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS, THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR THE DELIVERY OF PLANNING SERVICES BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, it is in the mutual interests of the member agencies of the Johnson County Council of Governments to enter into an agreement providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1983, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor be authorized to execute and the City Clerk to attest this agreement. 2. The City Clerk shall file the agreement with the Secretary of State and the Johnson County Recorder. It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 12th. day of February , 198. OR ATTEST: Naj:-A-1, h�� CITY CLERK Racerved 8i Approved DGPgrhtiett! IMPLEMEN V AGREEMENT \ This agreement is entered into by and between the Johnson County Council of .� Governments, hereinafter referred to as JCCOG, Johnson County, hereinafter referred to as County, and the City of Iowa City, hereinafter referred to as City. WHEREAS, it is in the mutual interests of the County, City and JCCOG to enter Into an agreement providing for the delivery of planning services by JCCOG; and 1l ! WHEREAS, Chapter 28E of the Code of Iowa, 1983, provides that any power jexercisable by a public agency of this state may be exercised jointly with 1 any other public agency of this state having such power. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY, THE COUNTY AND JCCOG as follows: 7 I. SCOPE OF SERVICES: A. All staff responsibilities, services and duties to be performed by or on behalf of JCCOG shall be performed solely by employees of the City or the County, pursuant to the provisions herein. B. The City shall provide the part time services of the following City staff members: Planning and Program Development Director, who shall serve as Director of the JCCOG staff, Secretary, and Minute Taker. Personnel costs, including payroll taxes and benefits, for these positions shall be paid by the City. Administrative and support costs incurred for services performed by persons in these positions on behalf of JCCOG shall be charged to JCCOG, as provided below. C. In addition, the City shall provide to JCCOG the full-time services of a Transportation Planner and an Assistant Transportation Planner and the part-time services of a Technical Assistant, Community Assistance Coordinator, and a Human Services Planner. All personnel, _ administrative and support costs incurred for these positions will be paid from the JCCOG accounts, as provided below. D. The County shall provide the services of a Senior Planner to serve as the Division Head of the Rural Planning Division. It is agreed that the Senior Planner in addition shall continue to provide to the Board of Supervisors and the County Zoning Commission those services required of his/her position with the County. The Senior Planner shall remain a County employee and all personnel costs, including 1 payroll taxes and benefits, shall be paid by the County. All r administrative and support costs incurred by the Senior Planner shall be charged to JCCOG, as provided below. E. JCCOG shall provide to the County, City and other member agencies planning services consistent with Article III of its Amended Articles of Agreement, as directed by the JCCOG Board of Directors and Rural Policy Board. The duties and responsibilities assumed herein by the County and City shall be in addition to those established for the two members, pursuant to Article VII of the amended articles. II. ACCOUNTING SERVICES: As a repository for funds out of which disbursements shall be made, an ' accounting system for JCCOG shall be established by the City. Accounts for JCCOG shall be established within the City General Fund and costs assessed to JCCOG shall be charged to the appropriate account. Monthly and quarterly tabulations of expenditures incurred by JCCOG shall be provided by the City. III. INDEMNIFICATION: The parties to this Agreement hereby agree to mutually defend and idemnify each other, and their respective officers, employees, and agents, from any and all liability, loss, cost, damage and expense resulting from, arising out of, or incurred by reason of any claims, 7. i 3 actions or suits based upon the actions, policies, or directives of County and City employees while performing services pursuant to this agreement for JCCOG. `' IV. DURATION: 1 This Agreement shall become effective upon the acceptance and execution of the parties and shall continue in effect until modified or repealed by the written consent of the parties. Any party may terminate this agreement by giving written notice of intent to terminate no later than March 15th of any year, to take effect on July I of the following calendar year (15 months advance notice). Dated this Nil" day of , 1985. JOHNSON COUNTY BY: 1 S...�.,, a ri/ Aha r�B�oa� �rSu�perv/1s�(o�rs_ �/n ATTEST: ryv.y�OQ,lL4 Y1 Qe�nly Jj lSxiy{c ountyu or r�n,r$i Dated this 1 2th. day of _ February , 1985. CITY OF IOWA CITY BY: yor ATTES :�.� lip. �:�J �,Q�/ Cif Clerk Dated this ,��11�L day of 2/4/ ,') BY: ATTEST: By T hl+j,j Gapartnsc! Johnson Cou, ity Council of Governmf_ _s 410 E. Washington St. Iowa City, Iowa 52240 _ r 0 Date: February 7, 1985 To: City Co n From: Don S hme Director Re: Implementation Agreement The Implementation Agreement which provides for the delivery of planning services by the Johnson County Council of Governments (JCCOG), has expired. The agreement was established in 1981 under the authority of Chapter 28E of the Code of Iowa. A new implementation agreement is submitted for your review and consideration. The JCCOG has approved the agreement and the County is currently reviewing it. Unknowingly, the implementation agreement had expired before its exten- sion. To avoid the same problem, the agreement provides for its continu- ance unless terminated at the request of a participatory party. If you have any questions pertaining to the agreement prior to its review and consideration at the next meeting, please do not hesitate to contact me at 356-5230. /sp RESOLUTION NO. 8S-39 RESOLUTION ESTABLISHING FEES FOR MANUFACTURED HOUSING PARK LICENSES WITHIN IOWA CITY, IOWA WHEREAS, the City Council of Iowa City, Iowa, did on September 28, 1982, adopt Ordinance No. 82-3081 which establishes regulations pertaining to mobile home parks, and WHEREAS, Section 22-24 of said regulations provides for the fees for manufactured housing park licenses to 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 manufac- tured housing park licenses: 1. Initial application or application involving change. - $50.00 - no refunds 2. Annual renewal for a park which has undergone no change since - $25.00 - no refunds initial filing. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES NAYS Passed and approved this 1 tl,_ day of SEA ATTEST: tiD,� i CIT CLERK ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER by Th• 4gaY Do xx ,; RESOLUTION NO. _g5-40 RESOLUTION APPROVING AMENDMENT TO ARTICLE IV, SECTION 1 OF THE BYLAWS OF THE BROADBAND TELECOMMUNICATIONS COMMISSION. WHEREAS, on June 26, 1984, the Broadband Telecommunications Commission amended Article IV, Section 1 of its bylaws to change the time for holding election of officers, and WHEREAS, Article IV, Section 1, of said bylaws, as amended, now reads as follows: "The Commission shall elect a Chairperson and Vice -Chairperson from among its members who shall serve in such capacity for a period of one year. The election of officers shall be held yearly at the first regular Commission meeting in March, or as soon as possible, after City Council appointments are made to the Commission each March 13th." WHEREAS, the City Council Rules Committee reviewed and recommended approval of said amendment January 15, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the above amendment to Article IV, Section 1, of the Bylaws of the Broadband Telecommunications Commission is approved. It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Baker _x Dickson X Erdahl X McDonald x_ Strait X Zuber Passed and approved this 11th_ day of February 1985. ,�41YOR ATTEST: CIT CLERK Receh=eci &ppm -v It, T;:e l.Frall ::epee i �3 RESOLUTION NO. 85-41 RESOLUTION RECLASSIFYING A FULL-TIME POSITION IN THE TREASURY DIVISION WHEREAS, Resolution NO. 84-47 adopted by the City Council on February 28, 1984, establishing an operating budget for FY85 authorizes all permanent positions, and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Treasury Division be amended by: 1. The deletion of one Sr. Account Clerk -Treasury -Banking position, grade 06. 2. The addition of one Accountant position, grade 11. It was moved by Zuber and seconded by Dickson Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 12th, day of ATTEST: 7e -,e1_4J CITr CLERK ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER 1985. the By 71r.L�S'a! Eie adax::6 Go RESOLUTION NO. 85-42 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE LEGAL DEPARTMENT BY ADDING ONE FULL-TIME CITY ATTORNEY POSITION. WHEREAS, Resolution No. 84-47 adopted by the City Council on February 28, 1984 establishing an operating budget for FY85, authorizes all permanent positions, and WHEREAS, the City Attorney Review and Selection Advisory Committee recommended, and the City Council approved, recruitment for a full-time City Attorney at a minimum salary of $45,000-$50,000, and WHEREAS, upon the appointment of a full-time City Attorney the resignation of the part-time City Attorney will be accepted and the part-time City Attorney position abolished, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT the number of authorized positions in the Legal Department be amended by the addition of one full-time City Attorney position. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES NAYS Passed and approved this 12th. day of ATTEST:C1T - CLERK MCLIE r, 'All - ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER February 1985. MAYOR Reoehmd 81 AppnwW By The ©epe �y z� r 91 RESOLUTION NO. 85-43 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 or liquor control license, to wit: The Mill Restaurant, 120 E. Burlington Street It was moved by Strait and seconded by Dickson that the Resolution as read e a opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber x Passed and approved this Attest: )7l A' nu, ) - Ci y Clerk 26th day Of February r 9�'L RESOLUTION N0. 85-44 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF THE SANITARY SEWER IMPROVEMENT'S FOR TY'N CAE SUBDIVISION, PART 3 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The portion of sanitary sewer improvements for Lots 2S-37 and 42-63 of Ty'n Cae Subdivision, Part 3, as constructed by H. D. Knowling Co. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 26th day of February 19 85. 01 v Received & Approved ATTEST: �1nn�n act T!,-- Le --al Departmont CITY CLERK �o i RESOLUTION NO. 85-45 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF KIRKWOOD CIRCLE IMPROVEMENTS PROJECT. DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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: I. 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 12th day of March 1985 , at 7:30 p.m. in the Council Chambers, CivicCenter, 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Dickson resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 26th day of February , 19 85 . Z /w 0 MAYOR ATTEST: �� ",-,� 5� -1(94.4 ) CITY CLERK that the Received d, Approvr� By The Legal Department Zx 9� RESOLUTION NO. 85-46 RESOLUTION ACCEPTING AN OFFER TO PURCHASE A CERTAIN PARCEL OF LAND, KNOWN AS "PARCEL A-1" LOCATED IN THE LOWER RALSTON CREEK OF IOWA CITY, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE SALE OF SAID PARCEL A-1. WHEREAS, the City Council of the City of Iowa City did, by Resolution No. 85-17, dated January 22, 1985, authorize and direct the solicitation of offers to purchase certain City -owned land known as Parcel A-1, legally described as the East one-half of Lot 36 of White's Subdivision of Outlot 4 of the County Seat Addition to Iowa City, and WHEREAS, an acceptable offer has been received from James J. Croker to purchase said Parcel A-1 for $13,000, and WHEREAS, the City of Iowa City has afforded the public with an opportunity to comment on the proposed sale and conveyance of said Parcel A-1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOVIA: 1. That the offer of Mr. James J. Croker to purchase certain City -owned land known as Parcel A-1, legally described as the East one-half of Lot 36 of White's Subdivision of Outlot 4 of the County Seat Addition to Iowa City, be accepted. 2. That the Mayor be authorized to sign and the City Clerk to attest a real estate contract with Mr. James J. Croker for the sale of said Parcel A-1, provided all terms and conditions of the Disposition Prospectus pertaining to said Parcel A-1 are met. 3. That the Mayor is further authorized to sign and the City Clerk to attest documents necessary to legally convey Parcel A-1 to James J. Croker in accordance with the real estate contract. It was moved by Erdahl and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Strait x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 26th day of February 1985. IIJJYOR ATTEST: h (Q Tim Vt/ CITY CLERK Reaelved It Appfoved By The E Dc artmenf 26 7 RESOLUTION NO. 8S-47 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CI'IT OF IOWA CITY AND NNW, INC. FOR ENGINEERING SERVICES FOR THE BENI'ON STREET BRIDGE, WIDENING PROJECT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with NNW Inc a copy of said agreement being attached to this Reso ution an by t is reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into Said agreement with NNW, Inc. for engineering services for the Benton Street Bridge Widening Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with NNW, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Zuber and seconded by Dickson the resolution as read be adopte , and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 26th day of February 19 85 . V MAYOR ATTEST: �1 �a,, o� eaAA CITY CLERK tha t Received & Approved By Thu legal D_partment RESOLUTION NO. 8S-48 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, BY AND THROUGH THE JOHNSON COUNTY BOARD OF SUPERVISORS AND THE JOHNSON COUNTY CONSERVATION BOARD, ESTABLISHING PROVISIONS FOR A HYDROPOWER FEASIBILITY STUDY BY THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City wishes to inquire into the feasibility of producing hydroelectric power at the milldam located in Coralville and Iowa City, Iowa, owned by Johnson County, Iowa, which proposed use might require that it secure a lease or other proprietary interest, and WHEREAS, Johnson County, Iowa, the current owner of the milldam, through the conservation board, is desirous of having the milldam repaired to appropriate environmental, ecological and hydrologic standards, and WHEREAS, both parties agree that it is in their best interest to establish terms under which the proposed study permit period will be reduced and under which the City will provide Johnson County with progress reports and results of the feasibility study, and further that Johnson County will not compete in any way with the proposed development by Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the Mayor is hereby authorized to sign, and the City Clerk to attest, an agree- ment with Johnson County, Iowa, by and through the Johnson County Board of Supervisors and the Johnson County Conservation Board specifying conditions under which the feasibility study will be conducted; said agreement being attached to, and thereby made a part of, this resolution. It was moved by Z.iffiPr and seconded by Baker the Resolution be adopted, and upon roll call there were: Passed ATTEST: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait X Zuber and approved this 26th day of February 1985. d ,J JAY 0 R �cn�' . kiln % CI CLERK keolved A BY The Les QPProved 97 (-ST�l (fL/r/ AGREEMENT THIS AGREEMENT is hereby made and entered into this �_ day of IS �' w&616 196 5 , by and between the CITY OF IOWA CITY, IOWA, a political subdivision of the State of Iowa, ("IOWA CITY"), and JOHNSON COUNTY; IOWA, also a political subdivision of the State of Iowa, by and through the Johnson County Board of Supervisors ("BOARD OF SUPERVISORS") and the Johnson County Conservation Board ("CONSERVATION BOARD"). RECITAL 1. Iowa City wishes to inquire into the feasibility of producing hydroelectric power at the milldam located in Coralville and Iowa City, Iowa, owned by Johnson County, Iowa, which proposed use might require that it secure a lease or other proprietary interest. 2. Johnson County, Iowa, the current owner of the milldam, through the Conservation Board, is desirous of having the milldam repaired to appropriate environmental, ecological and hydrologic standards. 3. Iowa City is willing to reduce the proposed study permit period from that now applied for and provide Johnson County with progress reports and results of the feasibility study in consideration of Johnson County, Iowa, including its Board of Supervisors and Conservation Board, agreeing not to compete in any way with the proposed development by"Iowa City. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. AGREEMENT NOT TO COMPETE. Johnson County, Iowa, including its Board of Supervisors and Conservation Board, hereby agree that it will not, individually or collectively, either directly or indirectly, alone or with others, enter into or engage in competition with Iowa City with respect to the use of the Coralville milldam proposed by Iowa City and will cooperate with Iowa City by making all reports, studies, and other materials available to it. 2. CONSIDERATION. In consideration of Johnson County, Iowa, not competing with Iowa City with respect to its proposed use of the Coralville milldam, Iowa City agrees to the following: A. If Iowa City's application for a preliminary study permit is approved by the Federal Energy Regulatory Commission, the feasibility study will be completed within six (6) months from the date the preliminary permit is c approved by the Federal Energy Regulatory Commission. im 1 B. If, upon completion of the feasibility study, Iowa City determines that it wishes to proceed in developing a hydroelectric project, it will file a license application for a water power project with the Federal Energy Regulatory Commission within fourteen (14) months after the preliminary permit is granted. C. If a preliminary study permit is granted, Iowa City agrees to keep the Conservation Board informed as to the progress and results of the feasibility study. D. Upon completion of the feasibility study, Iowa City will provide to the Conservation Board copies of all documents supplied to the City in connection with the feasibility study which bear upon identifiable environ- mental problems, identifiable benefit cost ratio, identifiable plant size and power output and identifiable cost of project. The feasibility study document and related documents are the property of the City of Iowa City and the City hereby asserts its proprietary rights in said documents. 3. DISPOSITION OF INTEREST. Johnson County agrees to negotiate with Iowa City in exploring transfer of possessory rights to the milldam if it is determined that production of hydropower is feasible. The agreement transferring possessory rights shall be completed no later than eight months after project feasibility is determined. Provided, however, that any such agreement shall be subject to the City's having obtained the necessary construction permits from the Federal Energy Regulatory Commission. Disposi- tion of the milldam or property shall not be consumated until'Johnson County has complied with Section 331.361, Iowa Code, and both parties have deter- mined such disposition to be in the interests.of each of them. 4. WARRANTIES. It is understood and agreed by the parties that the use proposed by Iowa City to be studied shall be required to meet any and all requirements of any state or federal agency having jurisdiction over any aspect of said milldam. 5. RIGHTS AND OBLIGATION. Iowa City shall have the right to inspect the property at any reasonable time. Iowa City shall have no obligation to maintain or repair the milldam or property, to purchase insurance or have any liability with respect to said property, or to in any way care for.or be responsible for the property during the period of this agreement. Johnson 3 County shall be solely responsible for the property and milldam during the Period of this agreement. Iowa City agrees to take no action during the agreement period which would injure or harm the milldam or property. 6. TERMINATION. Johnson County, by its Board of Supervisors and the Conservation Board, Agree to release Iowa City from all provisions of this agreement except for paragraph 2.0 if after completion of the study, Iowa City, in its sole discretion, determines that it does not wish to proceed to produce hydro power at the Coralville dam. IT WITNESS WHEREOF the parties hereto have executed this agreement the day, month and year tint written abort. lY OF IOWA CITY JOHNSON COUNTY CONSERVATION BOARD y,��,/ ?Y10n Mc na fa orBy:/ i/e-LQJ� _ ay By*c �rL ecretary Attest: JOHNSO COUNTY BOARD OF.SUPERVISORS �11a A -�. �j� By: T u - Mar n K. Karr, ity erk airperso Attest: Tom S ockett, County uditor llaceivad A App,owns n' I+gal Oep efm rr ss yr /®0 RESOLUTION N0. 8S-49 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH MAY ZIMA AND COMPANY TO CONDUCT A FINANCIAL FEASIBILITY STUDY OF CONGREGATE HOUSING FOR THE ELDERLY. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to the elderly in Iowa City who are in need of housing and services which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City wishes to utilize such funds to contract with the May Zima and Company of Atlanta, Georgia, to conduct a financial feasi- bility study of Congregate Housing for the elderly of Iowa City, and WHEREAS, the City of Iowa City and May Zima and Company have negotiated the attached agreement for May Zima and Company to conduct a financial feasibil- ity study of Congregate Housing for the elderly of Iowa City. 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 to attest said agreement with the May Zima and Company of Atlanta, Georgia, to conduct the financial feasibility study of congregate housing for the elderly of Iowa City. It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: x x X X X X NAYS: Passed and approved this 26th day ATTEST: e, LO CITY CLERK ABSENT: x AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER February , 1985. R,%ehpad A Appmvac By S}a Legal Departmwnt z- zo 9 /to/ AGREEMENT IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY This Agreement, made and entered into this 26th day of February , 1985, by and between the City of Iowa City, a municipal corporation, herein- after referred to as the "City," and May Zima & Co., Atlanta, Georgia, hereinafter referred to as the "Consultant." Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant, to provide services as set forth herein according to the terms of this Agreement. ARTICLE I. SCOPE' OF SERVICES. This scope of services defines the work to be performed by the Consultant. The services are to be provided in accordance with the Consultant's proposal entitled "Proposal to Conduct a Marketing Feasibility Study for the City of Iowa City, Iowa," dated December 3, 1984, which is incorporated herein by this reference. Said services include, but are not limited to, the follow- ing: 1. Analyze demographic, socio-economic and housing characteristics of the elderly population in the Iowa City/Coralville area. 2. Evaluate the long-term care needs of the elderly. 3. Survey the elderly population in the Iowa City/Coralville area to obtain primary data for customer analysis and market segmentation. 4. Complete need analysis and demand analysis for specific housing alterna- tives, elderly services and healthcare services for the elderly. 5. Evaluate the economic feasibility of specific housing, service, and healthcare alternatives based on need and demand analysis. 6. Analyze existing and proposed housing alternatives as well as elderly services and healthcare offered in Iowa City, including: a. Information describing programs and services provided by public and private organizations; and b. Review of services and amenities offered by other retirement facili- ties located in the primary service area; and c. Identification of unmet needs in the service delivery market. 7. Obtain competitive data to determine market penetration, market share and market risks. 8. Complete market analysis to develop strategies for specific housing and service arrangements. 9. Develop a profile of the survey respondents. /40.2— e4 10. Participate in public relation activities including development of press releases, participation in public meetings, etc. 11. Submit in writing, after the analysis is complete and before the final report is written, a preliminary assessment as to whether or not there is sufficient demand for new elderly housing accommodations in the service area. If this analysis indicates insufficient demand, May Zima will notify the City of Iowa City immediately in writing and propose and alternative course for completion or termination of the study. 12. Prepare and present the work outlined above in a final written comprehen- sive report consisting of twenty copies (including one reproducible copy) to the City for written approval, said final report shall consist of all previous City approved draft reports. Attend meetings to review and discuss the final report and recommendations with City staff, City Council and others as required. ARTICLE II. TIME OF COMPLETION. A. The Consultant will complete the phases of this agreement within the times indicated on the Project Work Plan, attached hereto as Exhibit A and incorporated herein. B. The Consultant's service under each phase of this agreement shall be considered complete when the City has accepted the report of work under each of the phases. ARTICLE III. GENERAL TERMS. A. This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto. Provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. B. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involving such assistance. C. It is agreed by the City that all records and files pertaining to information needed for said project shall be made available by the City upon request of the Consultant. The City agrees to furnish all reason- able assistance in the use of these records and files. D. No party to this Agreement shall perform contrary to any State or Federal law nor ordinances of the City. E. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes, charts, computations and other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use. The City agrees to tender to the Consultant all fees and monies in accordance with the provisions of Article V herein, except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment an amount sufficient to properly complete the project in accordance with this Agreement. G. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. H. Records of the Consultant's reimbursable expenses pertaining to the project, and records of accounts between the City and the Consultant, shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. All reimbursable outside expenses shall include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: 1. Travel expense upon written authorization by the City. 2. Photocopy. 3. Courier services. 4. Printing. 5. Telephone. 6. Computer charges. 7. Mailing lists. 8. Postage. 9. Other expenses related to the engagement. Reimbursable expenses will be billed and are payable monthly. The Consultant and the City shall have publication rights to all material produced by the Consultant and its consultants consistent with all applicable legal requirements and shall be entitled to retain reproducable copies of all work performed hereunder. K. All documents prepared or furnished by the Consultant shall become the property of the City. The City may terminate this agreement upon 30 days written notice. If the contract is terminated, Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City at the time of termina- tion. M. The Consultant shall not permit any of the following practices: dis- charge from employment, refuse to hire, or discriminate against any individuals in terms, conditions or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. A N. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in the manner or degree with the performance of the services under this agree- ment. The Consultant further covenants that in the performance of this agreement no person having any such interest shall be employed by the Consultant. 0. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this agreement pertains, shall any private interest direct or indirect in this agree- ment. P. The Consultant shall attend such meetings relative to the work set forth in this agreement as may be requested by the City. The City shall give reasonable notice of such meetings. Q. The following indicates the major responsibilities of the staff assigned to this project by the Consultant. Mr. Donald P. Zima, Partner, will assume responsibility for the staff scheduling, monthly progress relative to monthly plan and overseeing results of this engagement. Mr. David Yon, Partner, will assume responsibility for statistical decisions relative to primary data gathering, statistical inferences, and overall quality control review. Ms. Mary Ann McElroy, Supervisor, will assume responsibility for planning, day-to-day management, and completing the report. ARTICLE IV. CITY'S RESPONSIBILITIES. The City shall: A. Assist the Consultant by placing at his disposal, all available informa- tion pertinent to the project including previous reports and other data relative to the design of the survey. B. Examine all documents presented by the Consultant, and render, in writing, comments and decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. C. Furnish or direct the Consultant to provide necessary additional services as stipulated in this Agreement. ARTICLE V. COMPENSATION. Payment due the Consultant for services performed shall be as follows: A. The City agrees to pay the Consultant an amount not to exceed $37,500 for the satisfactory completion and acceptance thereof by the City of the services described in Article I. B. Compensation for services performed will be due and payable monthly based on the Consultant's work completed consistent with the work schedule during the billing period and will be payable by the end of the month. Accompanying each monthly fee statement, the Consultant shall provide a short narrative describing the status of the project. /p,5 5 C. All provisions of the Agreement where not specifically defined shall be reconciled in accordance with the highest ideals of the Accounting profession. D. Compensation for reimbursable expenses (expenses above and beyond $37,500 for services described in Article I) incurred in the completion of the agreement shall not exceed $8,419 and shall be due and payable monthly based on the Consultant's actual expenditures, at cost. The maximum compensable reimbursable expenses are detailed below: Item Expense Field work Iowa City Travel $550/trip $ 550 Lodging and food $100/day for 7 days 700 Mailing list 500 Photocopy, courier services, printing, telephone, computer charges, postage 4,000 Other expenses X185 Presentation of final report to City Council/committee Don Zima $100/hr. (8 hrs.) 800 Mary Ann McElroy $48/hr. (8 hrs.) 384 Travel (2) $550/trip 1,100 Lodging and food 200 Total estimated expenses $8,419 ARTICLE VI. ENTIRE AGREEMENT. This Agreement embodies the entire agreement by the Consultant and the City. The parties represent that, in entering into this Agreement, they do not rely upon any previous oral or implied representation, inducements or understand- ing of any kind or nature. ARTICLE VII. BENEFIT OF THE AGREEMENT. This Agreement is binding upon and shall enure to the benefit of the parties hereto and their heirs, successors, and permitted assigns. ARTICLE VIII. VENUE. Venue of any suit or cause of action under this agreement shall lie in Johnson County, Iowa. It is further stated that there are no other consid- erations or monies contingent upon resulting from the execution of this agreement nor have any of the above been applied by any party to this - agreement. /0� A In witness whereof; the parties hereby have executed this Agreement and as of the date above stated. FOR THE CITY JX -4000K oex��— MA R ATTEST 1116 n ins CITY CLERK Recetved & Approved By The Legal Deperlment z Zo e FOR MAY ZIMA & COD. in nTurn ATTEST /, /O% AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE FEBRUARY19 5 4 5 6 7 8 Compile and analyze demographic/ 40 X X X X X economic data Prepare preliminary list of all 24 X X X housing for elderly in the area based on published in- formation and telephone research Arrange for focus group interviews 9 % of elderly; coordinate with Senior Citizen Center Director, City official; prepare notifi- cation of meeting, plan for meeting FEBRUARY 1985 11 12 13 __TV 15 Prepare final listing of all 8 X housing alternatives for elderly in Iowa City Prepare listing of competitive 16 X X facilities and include infor- mation necessary for market share/penetration calculations Complete demographic/economic data 24 X X X 0 AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE FEBRUARY 19 5 18 19 20 21 22 Determine and review and appli- 16 cable state legislation Estimate market potential based on: U.S. Census age/income data 8 Donnelley Market information 4 Elderly budget preparation 5 Value of homes 2 Living arrangements 2 Rent/homeowner monthly expenses 2 Review migratory patterns 8 Determine appropriate mailing 8 list for mailed questionnaires Determine areas of information 24 necessary for market segmen- tation; i.e. needs in market, price sensitivities, lifestyle analysis, buying behavior, factors influencing demand, geographical definition of market, buyer adoption rates. Determine analytical variables 8 needed for analysis under each area of information sought in research. X X X X X X X X FEBRUARY 1985 MARCH 25 2b 27 28 1 X X 4 X MARCH 1985 5 6 7 8 X X PA `09 AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE MARCH 1985 cont. 4 5 6 7 8 Determine number of cross tabula- 6 X tions and index questions by cross tabulation required. MARCH 1985 10 11 12 13 1 16 17 Conduct fieldwork in Iowa City: 56 X X X X X X Site visits of housing for the elderly - Interviews with potential competitors - Inter- views with state and local officials or staff who are know- ledgeable about housing for the elderly - Interviews with Chamber of Commerce and local realtors - Research at local library - Interview professionals associated with the elderly. Conduct focus group interviews 10 X and depth interviews (infor- mation to be used in question- naire preparation) MARCH 1985 18 19 20 21 22 Develop "dummy" tables from pre-test 24 X X X survey results. Prepare final questionnaire 8 X 1!b AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE MARCH 19 5 25 26 27 28 29 Conduct the survey - prepare 32 transmittal letter, code questionnaires for possible second mailing and prepare for mailing. Complete computer programming to: 24 a) Tabulate results of survey b) Cross -tabulate data to show market segments based on multiple combinations of individual questions c) Provide computerized quanti- tative results to individual questions and relative pro- portions and quantitative analysis Complete sections of written report 16 relative to competition Prepare sections of report on 24 uncontrollable variables Calculate market penetration 16 Edit and tabulate (computer 32 input) results from first mailing of questionnaire. x x X APRIL 1985 1 2 3 4 5 x X x APRIL 1985 8 9 10 11 12 x X X x AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) WORK DESCRIPTION Second mailing of questionnaire Prepare written conclusions from fieldwork Follow-up telephone interviews with elderly and professionals Edit and tabulate (computer input) results from second mailing. Analyze research results of mailed questionnaire. Determine Market Segments and Target Market. ESTIMATED MAN HOURS TIME SCHEDULE APRIL 1985 15 1T17— 18 19 24 x x x APRIL 1985 22 23 2IF—25 26 24 APRIL 29 30 24 x x x x x MAY 1985 1 2 3 x MAY 1985 7 9 10 16 x X 16 Prepare charts, graphs, tables, etc., 16 from research results. Prepare written presentation of 24 analytical results. MAY 1985 13 1 15 16 17 x x x x x irz AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) WORK DESCRIPTION ESTIMATED MAN HOURS Develop proposed marketing mix for a new elderly housing project. Quantify market share objective and evaluate market risks. Evaluate proposed market strategy and prepare comparison to strategies of competitors. 16 16 24 Evaluate overall economic viability 40 of new housing for the elderly in Iowa City and complete additional research/analysis as necessary. Prepare written report to the City 40 of Iowa City. Type, edit, and complete Partners' 40 review of report. TIME SCHEDULE MAY 19T5 20 21 22 23 24 X X X X MAY 1985 27 28 29 30 31 X X X JUNE 1985 3 4 5 6 7 X X X X X JUNE 1985 14 15--l-6-17 18 X X X X X JUNE 1985 17 18 19 20 21 X X X X X 113 AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE JUNE 1985 24 25---2-6--27 28 Discuss preliminary report with city 8 X officials via telephone or personal visit. Revise final report as necessary 16 X X and mail to City of Iowa City. RESOLUTION NO. 85-50 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS. Bob's Ilniversi y Shell at 1910 S. Gilbert St. in Iowa City, Iowa, has surrendered cigarette permit No. 85-15, expiring June 30 ,19 85 , and requests a refund on the unused portion therof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 85-15 , issued to Bob's University Shell be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $.2S.00 , payable to Robert D. Finley as a refund on cigarette permit No. 8S-15 It was moved by Strait and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 12th day of March CITY -CLERK ,,s RESOLUTION NO. 85-51 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET CONCRETE REPAIR PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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: I. 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 9th day of April , 1985 , 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 12th day of March 19 85 ATTEST: CITY CL R Receivc:a A Appruvc.� By The leyai De avlmnt 3 a k RESOLUTION NO. 85-52 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUNDWATER CUT-OFF TRENQ, IOWA CITY SANITARY LANDFILL PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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 9th day of April , 1985 , 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Erdahl resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl X McDonald x Strait x Zuber Passed and approved this 12th day of March 19 85 . ATTEST: �� n C TY LLLHK that the RecetyDd & Approve:; By The Legal Gen/artment 117 vw RESOLUTION NO. 85-53 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OUTFALL RELIEF SEIVER SYSTEM REHABILITATION PROJECT FORM OF DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HE RING, AND DIRECTING 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 9th day of April . 19 8S, 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Erdahl resolution as read be adopted, and upon roll call there were. AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 12th day of March 19 85. ATTEST: %gA,'a�) �/ A CITY CLERK that the Gf The L. -o-1 r—-rivvrnl iii RESOLUTION NO. 85-54 RESOLUTION AUTHORIZING CONVEYANCE OF VACATED GILBERT STREET RIGHT-OF-WAY ABUTTING LOT 6, BLOCK 2, LYON'S FIRST ADDITION. WHEREAS, in August, 1972, the City of Iowa City did vacate the Gilbert Street right-of-way located adjacent to Lot 6, Block 2, Lyon's First Addition which is legally described as: Beginning at the northwest corner of Lot 6, Block 2, Lyon's First Addition which point is also on the east line of Gilbert Street; thence south along the east line of Gilbert Street to the northerly right-of-way of the Chicago, Rock Island & Pacific' Railroad; thence westerly along the northerly right-of-way of the Chicago, Rock Island & Pacific Railroad to a point that is 35 feet easterly of the centerline of the new paving; thence northerly along a line parallel and 35 feet easterly of the centerline of the new paving to the extension of the north line of said Lot 6; thence east along the extension of said Lot 6 to the point of beginning. a/k/a Beginning at the northwest corner of Lot 6, Block 2, Lyon's First Addition; thence south along the west line of said Lot 6 and Lot 6 extended to the northerly right-of-way of the Chicago, Rock Island & Pacific Railroad; thence westerly along the northerly right-of-way of the Chicago, Rock Island & Pacific Railroad to a point that is 35 feet easterly of the centerline of the new paving; thence northerly along the line parallel and 35 feet easterly of the centerline of the new paving to the extension of the north line of said Lot 6; thence east along the extension of Lot 6 to the point of beginning. WHEREAS, Inn Ho Shinn, owner of Lots 5 and 6, Block 2, Lyon's First Addition (624 South Gilbert Street), which abuts said property, has requested convey- ance of said property to him; and WHEREAS, the City of Iowa City has negotiated a purchase price of five thousand one hundred dollars ($5,100.00) for said property; and WHEREAS, after publication of notice as required by law, a public hearing on the property conveyance was held by the City Council on the 12th day of March, 1985, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City agrees to convey the above-described property to Inn Ho Shinn for the amount of $5,100.00. 2. That the Mayor is authorized to sign and the City Clerk to attest a quit claim deed conveying said right-of-way to Inn Ho Shinn. �/9 Resolution No. r 4 Page 2 It was moved by Strait and seconded by Ambrisco the Resolution be adopted, ,and upon roll call there were: AYES: NAYS: ABSENT: W Passed and approved this 12th Ambrisco Baker Dickson Erdahl McDonald Strait Zuber --5. ATTEST: CIT' CLERK RLeWvM & Approved By Tf'' /1' D� ar nienl 120 RESOLUTION NO. 85 -SS RESOLUTION AUTHORIZING RELEASF OF PERIIANENT BOX CULVERT FASFkIFNTS AT LOTS 37 AND 38 OF FIRST AND ROCHESTER PART I, IOWA CITY, IOWA. WHEREAS, in connection with the proposed construction of First Avenue in First and Rochester Part I Subdivision the City of Iowa City did receive a Permanent Box Culvert Easement located on Lot 37 of First and Rochester, Part I, Iowa City, Iowa, as recorded in Book 712, pages 217-219, Johnson County Recorder's Office from Frank Boyd, and the City of Iowa City did also receive a Permanent Box Culvert Easement located on Lot 38 of First and Rochester Part I, Iowa City, Iowa, as recorded in Book 712, pages 220-222, Johnson County Recorder's Office from Plum Grove Acres, Inc.; and WHEREAS, First Avenue was actually constructed to the, west of the proposed location; and WHEREAS, the City of Iowa City received permanent box culvert easements from Frank Boyd and Plum Grove Acres, Inc. at the site of actual construction of First Avenue contingent upon the release of the original box culvert ease- ments to Frank Boyd and Plum Grove Acres, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY: 1. That in consideration of receipt of substitute easements, the City agrees to release the Permanent Box Culvert Easements at Lots 37 and 38 First and Rochester Part I, Iowa City, Iowa, as recorded in Book 712, pages 217-219 and 220-222 to Frank Boyd and Plum Grove Acres respectively. 2. That the Mayor is authorized to sign and the City Clerk to attest releases of or quit claim deeds to said easements to Frank Boyd and Plum Grove Acres, Inc. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON x ERDAHL x MCDONALD x STRAIT X ZUBER Passed and approved thisl2th day of ATTEST: March . 1985. Reeehled & Approved BY YIN- legs! DA arfmsnt ��3_ 1,92 / RESOLUTION NO. 85-56 RESOLUTION APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT ADDITION, PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Paul M. Kennedy, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Kennedy's Waterfront Addition, Part Two; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of the same; and WHEREAS, the said preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that the plat be accepted and approved; and WHEREAS, said preliminary plat is found to conform with all of the require- ments of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat is hereby approved. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker X Dickson X Erdahl x McDonald x Strait x Zuber Passed and approved this 12th ATTEST: CITY CLERK a a a. RESOLUTION NO. 85-57 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF NATIONAL COMPUTER SYSTEMS, INC., LOCATED AT 2510 NORTH DODGE STREET. WHEREAS, the owner, National Computer Systems, Inc., has filed with the City Clerk of Iowa City, an application for approval of the amended preliminary and final large scale non-residential development plan for National Computer Systems, Inc.; and WHEREAS, the original large scale non-residential development of the former owner, Westinghouse Learning Corporation, was approved by Resolution 73-231; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended preliminary and final large scale non-residential development plan to include certain temporary buildings, and have recommended approval of same with a waiver of storm water management requirements at this time; and WHEREAS, the amended preliminary and final large scale non-residential development plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved subject to the condition that if the temporary structures remain for more than 18 months from the date of this resolution, National Computer Systems, Inc. will be required to comply with the Storm Water Management Ordinance; and WHEREAS, the amended preliminary and final large scale non-residential development plan is found to conform with all of the pertinent requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended preliminary and final large scale non-residential development plan of National Computer Systems, Inc. is hereby approved subject to the condition that if the temporary structures remain for more than 18 months from the date of this resolution, National Computer Systems, Inc. will be required to comply with the Iowa City Storm Water Management Ordinance. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this resolution and of said plan after passage and approval by law; and the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. /a.3 Resolution No. 8, _ Page 2 It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 12th day of March , 1985. a"a(2 7 OR ATTEST:i�e/AiX/ j.1J CIT CLERK ByT., irw.! /� SL R,E, ?6-68' r�'• FOR YOUR RECORDS Proceedings to Hold Hearing IDR -4051 Iowa City, Iowa March 12 1985 The City Council of Iowa City, Iowa, met in regular session on the 12th day of March , 1985, at 7:30 o'clock P m•, in the Council Chambers in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present McDonald Mayor, in the Chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, Strait, Zuber Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- '.'I I': HANoiC "F1 %iff-K uFAnTNEV 4 -F4n F11 I AY vcnC arc �•r .,r C 1W la? -5- After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Ambrisco introduced a Resolution entitled: Res. 85-58 "Resolution adjourning to April 9, 1985 the Public Hearing and the Decision Whether or Not to Proceed with the Issuance and Sale of Not to Exceed $1,100,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the City of Iowa City, Iowa" and moved its adoption, seconded by Council Member Dickson After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl Nays: None Whereupon, the Mayor the hearing adjourned to resolution. Attest: City Clerk (Seal) declared said Resolution duly adopted and such time and place set forth in such -2- F.cI rri .,A PPI; WFI �.AI!'K HFARTNFY S TFSArl t - AWYFRq -.cC C IOWA ia6 RESOLUTION NO. 85-59 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE KIRKWOOD CIRCLE IMPROVEMEIIIS PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for of the above-named project shall be in the amount of 100 of bid Treasurer, City of Iowa City, Iowa. the construction payable to 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 2nd day of April 19 85. Thereafter, the bids will be opened by the City Engineer or hiu designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 9th day of April 1 19 85 It was moved by Strait and seconded by _Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Baker X Dickson X Erdahl x McDonald —x Strait x Zuber Passed and approved this 12th day of March 19 85. MAYOR Received % Approved ATTEST: _ _ CITY C RK 'AA Dy The Legal Deparnnsnl I V r Resolution No. 85-60 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1986. Be it Resolved by the Council of the City of TOWA f.TTY , Iowa: The annual budget for the fiscal year ending June 30, 1986, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is adopted, and the clerk is directed to make the filings required by law and to setup his books in accordance with the summary and details as adopted. Passed and approved on March 12 Ayes: Ambrisco Baker Dickson McDonald Strait Attest: .. ..... . w.................. r•401 1985, by the following vote: (List names) Noyes: /s/ �`" �" ` , Mayor /s/ Clerk By T , Lnual mpa nt b 3 8J J 4e-, RESOLUTION NO. 85-61 RESOLUTION APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF IOWA CITY, IOWA, FOR THE FISCAL YEARS 1986-1990. WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt certain capital improvements planning as summarized and attached hereto, subject to annual review and revision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council of the City of Iowa City does hereby adopt as its Capital Improvements Program for the Fiscal Years 1986-1990 the Capital Improvements Program. It is understood by the City Council of the City of Iowa City, Iowa, that the 1986-1990 Capital Improvements Program is subject to annual review and revision consistent with good planning and operating practices of the City of Iowa City, Iowa; 2. That this Resolution is an expression of the Council's legislative intent for future projects and planning for the City of Iowa City, Iowa; and the anticipated means of financing said projects, subject to applicable laws and elections upon financing by the voters of the City of Iowa City, Iowa. It was moved by Erdahl and seconded by Abmrisco the Resolution be adopted, and upon roll call there were: AYES Passed and approved this 12th NAYS: ABSENT: ATTEST: -,e 7eez t J CC ITY�CLERK Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of March , 1985. AR g PROJECT BRADFORD/FIRE! AVE SIGNALS SUMLINGTON ST PAVING REPAIR BENTON ST/MOBMOM TREK SIGNALS SCOTT BOULEVARD PAVING ANINGTOM/NKLRO&E INTERSECTION MELROSE AVE PAVING BONNET ROAD PAVING ALLET PAVING FVSE DUBUQUE ROAD PAVING DUBUQUE ST - IOWA TO PARK K -WIDTH - FOSTER RD TArT SPEEDWAY PAVING DODGE ST - DOG RD TO GOVERNOR &1 AN CROSSINGS - lot AVE 21 RR CROSSINGS - DAO/CLIMTON K -WIDTH - SANDUSKY/IAT AVE SURLINGTON ST BRIDGE RECONST DODGE AT BRIDGE DECK REPAIR BENTON ST BRIDGE WIDENING BURLINGTON ST BR AT RALSTON CR WOOLF AVE BRIDGE DECK REPAIR BURLINGTON ST FOOTBRIDGE GILAEST ST BRIDGE DECK REPAIR CREEASIDE SIDEWALKS Nil MARCKA PARK SIDEWALK WILLOW CH999 PARK SIDEWALK N DUBUQUE ST SIDEWALK SIDEWALK CONSTRUCTION rVB6 CODs CLINTON ST . WASH TO IOWA PARCEL 565.21 (ALACKHANK PARK) BALATON CREEK CHANNEL IMP PMOPENTI ACO L CLEARANCE POOL rACILITI MERCER Al DIAMOND LIGHTS BUS rL[ET EKPAWSION/REPLACENT ANIMAL CONTROL FACILITY AIRPORT MASTER PLAN I AIRCRAFT PARKING &BUICK ST CULVERT REPLACEMENT ■ COAMIDOR &AVERAGE EITEMBION ORCHARD/DOUGLASB STORM SEWER 1►MUCK ST &TORN SEWER LANDFILL LEACHATE CONTROL TOTAL O CITY OF IOWA CITY CAPITAL IMPROVEMENTS PROGRAM FY86 - FY9O PRIOR VMS FY96 FY97 rY55 FI99 FY90 FUTURE TSS TOTAL 0 19,000 0 0 0 0 0 19,000 1,500 31,000 0 0 0 0 0 33,500 0 0 0 23,000 0 0 0 23,000 0 0 0 0 25,000 1,051,300 0 1,076,500 3,500 36,500 0 0 0 0 0 12.000 0 0 90,000 676,000 0 0 0 756,000 0 0 0 25,000 302,000 0 0 327,000 7,000 1091000 0 0 0 0 0 115,000 0 0 0 6,000 191,000 0 0 200,000 0 20,000 655,000 0 0 0 0 675,000 0 1,000 6,000 0 0 0 0 10,000 0 0 0 20,000 362,000 0 0 392,000 0 0 0 153,000 370,000 0 0 523,000 0 1,500 1111500 0 0 0 0 113,000 1,500 52,500 0 0 0 0 0 51,000 0 0 0 27,000 0 0 0 27,000 72,000 1,215,000 0 0 0 0 0 1,317,000 0 10,000 115,000 0 0 0 0 125,000 75,000 160,000 1,232,000 0 0 0 0 1,167,000 0 0 5,000 15,000 0 0 0 50,000 0 0 91,000 0 0 0 0 91,000 0 0 0 0 0 11,000 0 11,000 0 72,000 0 0 0 0 0 72,000 0 23,200 0 0 0 0 0 23,200 0 12,100 0 0 0 0 0 12,100 0 37,350 0 0 0 0 0 37,350 0 0 3,000 37,000 0 0 0 10,000 7,000 130,000 0 0 0 0 0 137,000 12,000 1591500 0 0 0 0 0 170,500 15,000 130,100 0 0 0 0 0 115,100 0 0 0 153,520 399,095 306,695 0 959,310 0 0 32,520 0 0 0 0 32.520 0 0 0 1,250,000 0 0 0 1,250,000 0 22,000 0 0 0 0 0 22,000 0 960,000 120,000 110,000 350,000 350,000 0 2,520,000 0 0 0 0 0 10,000 105,000 115,000 100,000 100,000 0 0 0 0 0 600.000 0 0 0 15,000 0 0 0 15,000 0 0 179,000 0 0 •0 0 179.000 0 0 7,500 109,500 0 0 0 117,000 0 0 161,000 0 0 0 0 161,000 3,000 17,000 0 0 0 0 0 50,000 79,000 262,000 0 0 0 0 0 311,000 . ................................................. .............................. 676,300 ),917,030 ),093,520 ) 010 020 2,002,093 1 799,{93 105 000 14,923,380 WN.WNWNB ..nWWu uUWW.W . .bubo .anon. ninuuW n...i.n ..iuW.N.N RESOLUTION NO. 85-62 RESOLUTION AUTHORIZING ADOPTION OF AN AMENDMENT TO THE DEFERRED COMPENSATION PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIA- TION RETIREMENT CORPORATION. WHEREAS, the City of Iowa City maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation (the "Administrator"); and, WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interest of participat- ing employers with respect to the collective investment of funds held under their deferred compensation plans; and, WHEREAS, said Trust is a salutary development which further advances the quality of administration for plans administered by the ICMA Retirement Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the City hereby executes the ICMA Retirement Trust, attached hereto, and, BE IT FURTHER RESOLVED that the Director of Finance shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. It was moved by Erdahl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X_ AMBP,ISCO x BAKER X DICKSON X ERDAHL X MCDONALD x STRAIT x ZUBER Passed and approved thisl2th ATTEST: March , Recehrod A App;orbd By Th mal F)s•Pe ;se ZzYy� /J/ DECLARATION OF TRUST of ICMA RETIREMENT TRUST ARTICLE I. Name and Definitions SECTION 1.1. Name. The Name of the Trust created hereby is the ICMA Retirement Trust. SECTION 1.2. Definitions. Wherever they are used herein, the following terms shall have the following respective meanings. (a) By -Laws. The By -Laws referred to in Section 4.1 hereof, as amended from time to time. (b) Deferred Compensation Plan. A deferred compensation plan established and maintained by a Public Employer for the purpose of providing retirement income and other deferred benefits to its employees in accordance with the provisions of section 457 of the Internal Revenue Code of 1954. as amended. (c) Guaranteed Investment Contract. A contract entered into by the Retirement Trust with insurance companies that provides for a guaranteed rate of return on investments made pursuant to such contract. (d) ICMA. The International City Management Association. (e) ICMA/RC Trustees. Those Trustees elected by the Public Employers who, in accordance with the provisions of Section 3.1(a) hereof, are also members of the Board of Directors of ICMA or RC. (f) Investment Adviser. The Investment Adviser that enters intoa contract with the Retirement Trust to provide advice with respect to investment of the Trust Property. (g) Employer Trust. A trust created pursuant to an agreement between RC and a Public Employer for the purpose of investing and administering the funds set aside by such employer in connection with its deferred compensation agreements with its employees. (h) Portfolios. The Portfolios of investments established bythe Investment Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of providing investments for the Trust Property. (i) Public Employee Trustees. Those Trustees elected by the Public Employers who, in accordance with the provisions of Section 3.1(a) hereof, are full-time employees of Public Employers. (j) Public Employer. A unit of state or local government, or any agency or instrumentality thereof, that has adopted a Deferred Compensation Plan and has executed this Declaration of Trust. (k) RC. The International City Management Association Retirement Corporation. (1) Retirement Trust. The Trust created by this Declaration of Trust. (m) Trust Properly. The amounts held in the Retirement Trust on behalf of the Public Employers, The Trust Property shall include any income resulting from the investment of the amou nts so held. (n) Trustees. The Public Employee Trustees and ICMA/RC Trustees elected by the Public Employers to serve as members of the Board of Trustees of the Retirement Trust. APPENDIX B ARTICLE If. Creation and Purpose of the Trust; Ownership of Trust Property SECTION 2.1 Creation. The Retirement Trust is created and established by the execution of this Declaration of Trust by the Trustees and the participating Public Employers. SECTION 2.2. Purpose. The purpose of the Retirement Trust is to provide for the commingled investment of funds held by the Public Employers in connection with their Deferred Compensation Plans. The Trust Property shall be invested in the Portfolios. in Guaranteed Investment Contracts and in other investments recommended by the Investment Adviser under the supervision of the Board of Trustees. SECTION 2.3 Ownership of Trust Property. The Trustees shall have legal title to the Trust Property. The Public Employers shall be the beneficial owners of the Trust Property. ARTICLE III. Trustees SECTION 3.1. Number and Oualification of Trustees. (a) The Board o1 Trustees shall consist of nine Trustees. Five of the Trustees shall be full-time employees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Employer to serve as Trustee. The remaining four Trustees shall consist of two persons who, at the time of election to the Board of Trustees, are members of the Board of Directors of ICMA and two persons who, at the time of election, are members of the Board of Directors of RC (the ICMA/RC Trustees). One of the Trustees who is a director of ICMA, and one of the Trustees who is a director of RC, shall, at the time of election, be full-time employees of a Public Employer. (b) No person may serve as a Trustee for more than one term in any ten-year period. SECTION 3.2. Election and Term (a) Except for the Trustees appointed to fill vacancies pursuant to Section 3.5 hereof, the Trustees shall be elected by a vote of a majority of the Public Employers in accordance with the procedures set forth in the By -Laws. (b) At the first election of Trustees. three Trustees shall be elected for a term of three years, three Trustees shall be elected for a term of two years and three Trustees shall be elected for a term of one year. At each subsequent election, three Trustees shall be elected for a term of three years and until his or her successor is elected and qualified. SECTION 3.3. Nominations. The Trustees who are full-time employees of Public Employers shall serve as the Nominating Committee for the Public Employee Trustees. The Nominating Committee shall choose candidates for Public Employee Trustees in accordance with the procedures set forth in the By -Laws. SECTION 3.4. Resignation and Removal. (a) Any Trustee may resign as Trustee (without need for prior or subsequent accounting) by an instrument in writing signed by the Trustee and delivered to the other Trustees and such resignation shall be effective upon such delivery, or at a later date according 13,2— to the terms of the Instrument. Any Trustees may be removed for cause, by a vote of a illy of the Public Employers. (b) Each Public Employee Trustee shall resign his or her position as Trustee within sixty days of the date on which he or she ceases to be a full-time employee of a Public Employer. I SECTION 3.5. Vacancies. The term of office of a Trustee shall terminale and a vacancy shall occur in the event o1 the death, resignation, removal, adjudicated incompetence or other Incapacity to perform the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoint such person as they In their discretion shall see fit (subject to the limitations set forth in this Section), to serve for the unexpired portion of the term of the Trustee who has resigned or otherwise ceased to be a Trustee. The appointment shall be made by e written instrument signed by a majority of the Trustees. The person appointed must be the same type of Trustee (i.e., Public Employee Trustee or ICMA/RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of retirement or resignation, provided that such appointment shall not become effective prior to such retirement or resignation. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in this Section 3.5, the Trustees in office, regardless of theirnumber, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of the existence of such vacancy. SECTION 3.6. Trustees Serve in Representative Capacity. By executing this Declaration, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Employers collectively. ARTICLE IV. Powers of Trustees SECTION 4.1. General Powers. The Trustees shall have the power to conduct the business of the Trust and to carry on its operations. Such power shall include, but shall not be limited to, the power to: (a) receive the Trust Property from the Public Employers or from a Trustee of any Employer Trust; (b) enter into a contract with an Investment Adviser providing, amorg other things, for the establishment and operation of the Portfolios, selection of the Guaranteed Investment Contracts in which the Trust Property may be invested, selection of other investments for the Trust Property and the payment of reasonable fees to the Investment Adviser and to any su b -investment adviser retained by the Investment Adviser; (c) review annually the performance of the Investment Adviser and approve annually the contract with such Investment Adviser; (d) invest and reinvest the Trust Property in the Portfolios, the Guaranteed Investment Contracts and in any other investment recommended by the Investment Adviser, provided that if a Public Employer has directed that its monies be invested in specified Portfolios or in a Guaranteed Investment Contract, the Trustees of the Retirement Trust shall invest such monies in accordance with such directions; (e) keep such portion of the Trust Property in cash or cash balances as the Trustees, from time to lime, may deem to be in the best interest of the Retirement Trust created hereby, without liability for interest thereon; (f) accept and retain for such time as they may deem advisable any securities or other property received or acquired by them as Trustees hereunder, whether or not such securities or other property would normally be purchased as investments here- under; (g) cause any securities or other property held as part of the Trust Property to be registered in the name of the Retirement Trust or in the name of a nominee, and to hold any investments in bearer form, but the books and records of the Trustees shall atall times show lbs such Investments are a part of the Trust Property; (h) make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other Instruments that may be necessary or appropriate to carry out the powers herein granted; (I) vote upon any stock, bonds, or other securities; give general or special proxies or powers of attorney with or without power of substitution, exercise any conversion privileges, subscription rights, or other options, and make any payments Incidental thereto, oppose, or consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities. and delegate discretionary powers, and pay any assessments or charges in connection therewith; and generally exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Property; (j) enter Into contracts or arrangements for goods or services required in connection with the operation of the Retirement Trust, including, but not limited to, contracts with custodians and contracts for the provision of administrative services; (k) borrow or raise money for the purpose of the Retirement Trust in such amount, and upon such terms and conditions, as the Trustees shall deem advisable, provided that the aggregate amount of such borrowings shall not exceed 30% of the value of the Trust Property. No person lending money to the Trustees shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing; (1) incur reasonable expenses as required for the operation of the Retirement Trust and deduct such expenses from the Trust Property; (m) pay expenses properly allocable to the Trust Property incurred in connection with the Deferred Compensation Plans or the Employer Trusts and deduct such expenses from that portion of the Trust Property beneficially owned by the Public Employer to whom such expenses are properly allocable; (n) pay out of the Trust Property all real and personal property taxes, income taxes and other taxes of any and all kinds which, in the opinion of the Trustees, are properly levied, or assessed under existing or future laws upon, or in respect of, the Trust Property and allocate any such taxes to the appropriate accounts; (o) adopt, amend and repeal the By -Laws, provided that such By - Laws are at all times consistent with the terms of this Declaration of Trust; (p) employ persons to make available interests in the Retirement Trust to employers eligible to maintain adeferred compensation plan under section 457 of the Internal Revenue Code, as amended; (q) issue the Annual Report of the Retirement Trust, and the disclosure documents and other literature used by the Retirement Trust; (r) make loans, including the purchase of debt obligations, provided that all such loans shall bear interest at the current market rate; (s) contract for, and delegate any powers granted hereunder to, such officers, agents, employees, auditors and attorneys as the Trustees may select, provided that the Trustees may not delegate the powers set forth in paragraphs (b), (c) and (o) of this Section 4.1 and may not delegate any powers if such delegation would violate their fiduciary duties; (t) provide for the indemnification of the officers and Trustees of the Retirement Trust and purchase fiduciary insurance; (u) maintain books and records, including separate accounts for each Public Employer or Employer Trust and such additional separate accounts as are required under, and consistent with, the Deferred Compensation Plan of each Public Employer, and 133 (v) do all such sots, lake all such ldings, and exercise all such rights and privileges, aithou( specifically mentioned herein, as the Trustees may deem necessary or appropriate to ■dminister the Trust Property sndto carry out the purposesolthe Retirement Trust SECTION 4 2 Distribution of Trust Properly. Distributlons of the Trust Property shall be made to, or on behalf of, the Public Employer. in accordance with the terms of the Deferred Compensation Plans or Employer Trusts The Trustees of the Retirement Trust shall be fully protected in making payments in accordance with the directions of the Public Employers or the Trustees of the Employer Trusts without ascertaining whether such payments are in compliance with the provisions of the Deferred Compensation Plans or the agreements creating the Employer Trusts SECTION 4.3. Execution of Instruments The Trustees may unanimously designate any one or more of the Trustees to execute any instrument or document on behalf of all, including but not limited to the signing or endorsement of any check and the signing of any applications. insurance and other contracts. and the action of such designated Trustee or Trustees shall havethesame force and effect as it taken by all the Trustees. ARTICLE V. Duty of Care and Liability of Trustees SECTION 5.1. Duty of Care. In exercising the powers hereinbefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers, and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. SECTION 5.2. Liability. The Trustees shall not be liable for any mistake of judgment or other action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Adviser or any sub - investment adviser, accountants, appraisers or other experts or consultants selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also notbe liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with thestandard of careset forth in Section 5.1. SECTION 5.3. No Trustee shall be obligated to give any bond or other securitl he performance of any of his or her duties hereunder ARTICLE VI. Annual Report to Shareholders The Trustees shall annually submit to the Public Employers a written report of the transactions of the Retirement Trust, Including financial statements which shall be certified by Independent public accountants chosen by the Trustees ARTICLE VII. Duration or Amendment of Retirement Trust SECTION7.1. Withdrawal A Public Employer May. atanytime. with- draw from this Retirement Trust by delivering to the Board of Trustees a statement to that effect. The withdrawing Public Employer's beneficial interest in the Retirement Trust shall be paid out to the Public Employer or to the Trustee of the Employer Trust, as appropriate. SECTION 7.2. Duration The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers. each casting one vote Upon termination, all of the Trust Property shall be paid out to the Public Employers or the Trustees of the Employer -Trusts, as appropriate SECTION 7.3. Amendment The Retirement Trust may be amended by the vote of a majority of the Public Employers, each casting onevole SECTION 7.4. Procedure A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers i1: (a) a majority of the Trustees so direct, or (b) a petition requesting a vote, signed by not less than 25% of the Public Employers, is submitted to the Trustees ARTICLE VIII. Miscellaneous SECTION 8.1. Governing Law. Except as otherwise required by state or local law, this Declaration of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the District of Columbia. SECTION 8.2. Counterparts This Declaration may be executed by the Public Employers and Trustees in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. /3f� RESOLUTION NO. 85-63 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A DEED CONVEYING ELM GROVE PARK TO JOHNSON COUNTY, IOWA. WHEREAS the City of Iowa City has entered into an agreement for the sale by the City of Iowa City of Elm Grove Park to Johnson County, Iowa, said tract of land known as Elm Grove Park is legally described as follows: Commencing at the Southeast Corner of the Northwest Corner of Section 15, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S90°00'00"W, (An assumed bearing), along the South line of the Northwest Quarter of said Section 15, and which is the Centerline of Kirkwood Avenue, 697.09 feet to a point on the Easterly line of Outlot 1, County Seat of Johnson County, an addition to Iowa City, Iowa, accord- ing to the Recorded Plat thereof, extended: Thence N0035'26"E, 35.00 feet, along said Easterly line extended, to the Southeast Corner, of said Outlot 1; Thence NO -35-26"E, 349.99 feet, along the Easterly line of said Outlot 1, to the Point of Beginning; Thence S90°00'00"W, parallel to the South line of said Outlot 1, 219.31; Thence.SO042'12"W, 30.00 feet; Thence S90100'00" W, parallel to the South line of said Outlot 1, 100.00 feet to a point on the Westerly line of said Outlot 1; Thence NO°42'12"E, 221.15 feet, along the Westerly line of said Outlot 1, to the Northwest Corner of said Outlot 1; Thence S89°17'52"E, 293,92 feet, along the Northerly line of said Outlot 1, to a point which is 25.00 feet, N89°17'52"W, of the Northeast Corner of said Outlot 1; Thence S44021127"E, 35.39 feet to a point on the Easterly line of said Outlot 1, and which point is 25.00 feet, SO°35'26"W of the Northeast Corner of said Outlot 1; Thence SO°35'26"W, 162.24 feet along the Easterly line of said Outlot 1, to the Point of Beginning. Said tract of land /3s Resolution No. 85-63 Page 2 contains 1.95 acres more or less and is subject to easements and restrictions of record; and WHEREAS, Johnson County, Iowa has agreed to pay the sum of Two Hundred Thousand Dollars ($200,000.00) for the above-described real estate; and WHEREAS, the City Council deems it to be in the public interest to convey the City -owned property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: that the Mayor is authorized to sign and the City Clerk to attest a deed conveying said property to Johnson County, Iowa upon payment of the aforesaid sum of money. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approvedthis 12th day of March, 1985. n ATTEST: CLERK Ey iha Legal DT. ar M.1t 1'5�� RESOLUTION NO. 85-64 RESOLUTION AUTHORIZING FILING OF NOTICE OF INTENTION TO ACCEPT THE URBAN RENEWAL DEVELOPMENT PROPOSAL FOR PARCEL 65-2b; SETTING A PUBLIC HEARING FOR APRIL 23, 1985, ON THE PROPOSED SALE AND CONVEYANCE OF SAID PARCEL FOR PRIVATE REDEVELOPMENT; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. WHEREAS, the City of Iowa City has solicited bids for the redevelopment of Urban Renewal Parcel 65-2b, and, WHEREAS, the City has received a proposal from the Small -Mears Building Company, a partnership owned by Philip Mears and Arthur Small, Jr., and, WHEREAS, pursuant to Section 403.8 of the Code of Iowa the City wishes to file a notice of its intention to accept the redevelopment proposal by Small -Mears Building Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Manager be hereby directed to file with the City Clerk a copy of the attached contract, which contract as well as this resolution shall serve as a notification of the City's intention to accept the redevelopment proposal of Small -Mears Building Company. This notification is pursuant to the provisions of Section 403.8(2) of the Code of Iowa. 2. That a public hearing is hereby set for Tuesday, April 23, 1985, at 7:30 p.m. in the Council Chambers, Iowa City Civic Center, 410 E. Washington St., Iowa City, Iowa, at which time and place the City Council will consider the sale and conveyance of said Parcel 65-2b for private redevelopment. 3. That, as required by law, the City Clerk is hereby authorized and directed to publish notice of public hearing on the proposed sale and conveyance of said parcel. 4. The adoption of this Resolution does not constitute an acceptance of the proposal of Small -Mears Building Company and the City shall remain free to accept or reject the proposal. Further, the City may seek modifications in the proposal. It was moved by Zuber and seconded by the Resolution be adopted, and upon roll call there were: AYES 0 P3 Passed and approved this 12th ATTEST: NAYS ABSENT: Ambrisco Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of March 1985. 1,57 Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between and The City of Iowa City, Iowa for Parcel 65-2b CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of theqrh day of , 19 85 , by and between the City of Iowa City, Iowa, a public boy corporate (w iTi ccstogether with any successor public body or officer hereafter desig- nated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Small -Mears Building Com any (hereinafter called "Redeveloper ) and having an o fice for the transaction of business at Siiite 6 Paul -Helen Bldg. Iowa City, Iowa 52240 , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (hereinafter called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, consisting of the Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law (as so constituted is, unless otherwise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 723, at page 156, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area avaiTabT development by private enterprise for redevelopment in accor- dance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and—have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as so I-1 /C39 WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agreement, are in the vital and best interests of the City and health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obliga- tions of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all terms, covenants, and conditions of the Agreement, the City will sell the property described in Schedule a hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefor, the amount set forth in Schedule B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amount set forth in Schedule B, hereinafter called "Purchase Price," is to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to the property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subse- quently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restrictions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph instal- lations, rights-of-way and access, or as described or referred to in Schedule A, description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and Part II of this Contract. (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. I-2 / fro (c) Recordin of Deeds. The Redeveloper shall promptly file the Deed for recor ung among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs for so recording said Deed. This Contract for Sale of Land for Private Redevelopment shall also be recorded at the Johnson County Recorder's Office. Upon said recording, the real property herein described shall be deemed taxable real estate under Iowa property tax law. Further, the Redeveloper shall be responsible for all such property taxes from the date of recording of this Contract of Sale of Land for Private y Redevelopment. In the event legal title is not delivered to the Redeveloper, parties agree that said taxes will be pro -rated between the Redeveloper and the City between applicable date of possession and the date of termination or expiration of this Contract. (d) Delivery of the Abstract. The City will furnish to the Redeveloper in advance of the closing on the parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as herein specified. The abstract of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of conveyance. The cost of obtaining an attorney's examination of the abstract for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delivery of Property. The City will deliver the property described in Schedule A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture -of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its opinion, stand relieved of its obligation to accept the parcel involved and the City shall, in such event, promptly refund the Redeveloper's good faith deposit, referred to in Section 3 hereof. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. I-3 /r/ (f) Default by Developer. In the event the Redeveloper fails to accept deTivery of ani d pay for the property described herein, as called for in this Agreement, the City may, at its option, call the entire Agreement in default, serve a proper notice of forfeiture upon the Redeveloper, and terminate this Agreement in its entirety. (g) Condition Precedent to Conveyance. The City's obligation to convey to the Redeveloper title to the property described herein is subject to the condition precedent concerning financing as set forth in Schedule C hereof. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of Five Hundred Dollars ($500.00), in which the City is the obligee, issued by , a surety company regularly engaged in the issuance of such undertakings and on the list of survey compa- nies approved by the United States Treasury for at least such amount, or cash, or a certified check satisfactory to the City in the amount of Five Hundred Dollars ($500.00), hereinafter called "Deposit," as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, as the case may be, in accordance with the Agreement. The Deposits, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest .when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided in Sections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termina- tion, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. (d) Return to Redeveloper. Upon issuance of both Certificates of Completion as called for in Section 305 of Part II hereof, or upon termination of the Agreement as provided in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City. I-4 zl-o2— SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof. [Here insert appropriate language concerning access to the alley of Block 65 and design considerations for abutting City property as stated in the prospectus.] See separate documents: "Access Commitment and City Plaza Design Assist SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part II of this Agreement as soon as possible subsequent to the time for conveyance set forth in Schedule C hereof. (b) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plan within thirty (30) days of said rejection. (c) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods therea ter, unless changed by the City Council. SECTION 7. NOTICES AND DEMANDS A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at AND I-5 (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington Street Iowa City, Iowa 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL REVENUE BONDS Fees will be determined at time of issuance of the Industrial Revenue Bonds. SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION The Redeveloper shall submit to the City, on or before July 1, 1985 , or upon such earlier or later request of the City, the detailed financial information necessary to support the issuance of industrial revenue bonds and/or for the submission of an application to the Urban Development Action Grant program. I-6 IN WITNESS WHEREOF, the City has in its name and behalf by its Mayor and attested by its City Clerk, and to be duly executed in its name and as of the day first above written. ATTEST: CITY CLERK STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) caused the Agreement to be and its seal to be hereunto the Redeveloper has caused behalf by its CITY OF IOWA CITY, IOWA: MAYOR duly executed duly affixed the Agreement , on or On this day of , A.D., 198 , before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared John McDonald, Mayor of the City of Iowa City, Iowa, and Marian K. Karr, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself/herself acknowledged the execution thereof to be his/her voluntary act and deed for purposes herein expressed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my notarial seal the day and year last above written. ATTEST: 5z Secretary Notary Public in and for County, State of My Commission expires eveioper President I-7 CORPORATE ACKNOWLEDGEMENT STATE OF ss COUNTY OF On this day of and State, , A.D., 19_, before me a Notary Public, in and for said County , President, and Secretary or Treasurer, to , the Corporation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the , President, and , Secretary or Treasurer, of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for County, State of My Commission expires IW. L,w SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows to -wit: (Legal description to be provided prior to conveyance.) I-9 PARCEL NO. 65-2b SCHEDULE B PRICE OFFERED I-10 PRICE 4 1101 5 O o SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. 65-2b DATE 1-1491- / SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. 65-2b ZOMME!NC,EME1T,, S I-12 COMPLETION P �S6 Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between and The City of Iowa City, Iowa for Parcel 65-2b ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the Redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressly agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the Redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of-way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. The City reserves the right to make future modifications to the trafficc circula- tion system and to the public improvements when such changes are deemed necessary and in the public interest. SECTION 103. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The Redeveloper hereby waives (as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to award of damages, if any, to compen- sate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 102 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improve- ment on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (1), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the conveyance of the Property by the City to the Redeveloper, the Redeveloper shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the purposes of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement, the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to determine the intentions of the Redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance subsequent to the designation of the Redeveloper. The term "Improvements" as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improvements called for in this Agreement, submit for approval by the City Council construction plans, and such other information as is necessary for the City Council to determine the intentions of the Redeveloper. Approval of such construction plans by the City Council shall in no way relieve the Redeveloper of the responsibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Follow- ing approval of the construction plans by the City Council, the Redeveloper shall obtain all permits required by applicable City codes and ordinances. All work with respect to the Improvements to be constructed or provided by the Redeveloper on the property shall be in conformity with the preliminary design plans and construction plans as approved by the City Council. SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires to make any changes in the construction plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. II -2 /.73 SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors -and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provided, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or other- wise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improve- ments has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, setting forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accor- dance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appropriate instrument so. certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the determination of the Federal Housing Administration as to such comple- tion of the construction of the Improvements in accordance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect to the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certification provided for in this Section. Such certifica- tion and such determination shall constitute evidence of compliance with II -3 155 or satisfaction of any obligation of the P,edeveloper to any holder of a mortgage, or any insurer of any mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I (Schedule D) hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agreement. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or .perform in order to obtain such certification. ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. II -4 /-Or (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. ON 402. COVENANTS: BINDING UPON SUCCESSORS IN INTEREST: PERIOD OF UUKAIIUN. IC is intenaea ano agrees, ano the ueea snail so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classifications or designation, legal or otherwise, and except only as otherwise specifically provided in the Agree- ment, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United State's (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in subdivision (b) of Section 401 hereof shall remain in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Red— eTa per itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include theandan�T_bui_ding, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplification, and not in restriction, of the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in subdivision (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interest of the community and other parties, public or private in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to II -5 maintain any actions or suit! ings to enforce the curing of it or any other beneficiaries at law or in equity or other property proceed - such breach of agreement or covenant, to which of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper repre- sents and agrees that its purchase of the Property, and its other undertak- ings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in the ownership or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stockholders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recognition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertak- ings and covenants in the Agreement. SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and ali persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owing or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Redeveloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have - the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. II -6 1S/ stciiun sUJ. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to acquiring the property and making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improvements as certified by the City, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 305 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or related to part of the Property, such obligations, II -7 l� conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to tragi any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improvements, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit prior to the issuance of the certificate of completion as set forth in Section 305 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this subdivision (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obligations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of this Article V and the statutory objectives generally, .the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and II -8 I S-9 (b) the Redeveloper shall, at such times as the City may request, furnish the City with a complete statement, subscribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their respective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by t Redeveloper nor any successor in interest to the thereof shall engage in any financing or any other any mortgage or other encumbrance or lien upon the express agreement to be made on or obtaining or operation of law, or suffer any attach to the Property, except he City, neither the Property or any part transaction creating Property, whether by encumbrances or lien for the purposes of (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (including any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no way be obligated by the provisions of the Agreement to construct or II -9 /- Q complete the Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. --- yr nu,.uc ur ,crau a 1U MURTGAGEE. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breach by the Redeveloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof II -10 /G/ (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to completion of the Improvements with respect to the Property by the Redeveloper or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improvements made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debts and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or otherwise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term 'mortgage shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation or condition secured by such mortgage or deed of trust, including, but not limited to, the Federal Housing Commissioner, the Administrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceeedings as may be necessary or desirable in its option to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. =61 iuN /uz. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of --t—he--P rope rty, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the reasonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Redeveloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit Undered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect of the property not conveyed shall be terminated,rop vided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. atLiluN /u3. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty 30 days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. II -12 11�3 SECTION 704. REVESTING TITLE IN CITY SUBSE DENT TO CONVEYANCE TO REDEVELOPER. In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days aftgr written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or successors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage II -13 /k 1(4 authorized by the Agreement, and (ii) any rights or interests Provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefore as provided in Section 305 hereof or on which the Improvements to be constructed thereon are in fact proceeding with construction on an approved schedule and for which a certificate of completion would be issued in normal course. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment whatsoever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. btLiiUN /U5. RESALE OF REAC UIRED PROPERTY DISPOSITION OF PROCEEDS. Upon the revesting in the City of Lltle to theProperty or a portion thereof and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part therof (subject to such mortgage liens and leasehold interest as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof s�-1 be —applied- (a) pplied (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection wiht the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrance or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or 'transferee; and (b) Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to (1) the sum of the purchase price paid by it II -14 Bks for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. 4ny balance remaining after such reimbursements shall be retained by the City as its property. SECTIONS 706. OTHER RIGHTS AND REMEDIES OF CITY: NO WAIVER BY DELAY. The City shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been com- pleted, in accordance with the Agreement, and for which a certificate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to specific default by the Redeveloper under this Section be consid*red or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. SECTION 707. IMPOSSIBILITY VKurtKI1. 5nouio at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa, be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE PARTY. For the purposes of any of the provisions of the Agreement, neither the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the perform- ance of such obligations due to unforeseeable causes beyond its control and /(� without its fault or negligence, including, but not restricted to, acts of God, acts of public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, litigation and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, that the party seeking the benefit of the provisions of this Sect iOn�T, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Redeveloper, for itself and its successors and assigns, and for all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVIDUALLY LIABLE. No member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa, 1983, direct or indirect, in the Agreement, nor shall any such member, official, or employee partici- pate in any decision relating to the Agreement which affects his/her personal interests or the interests of any corporation, partnership, or association in which he/she is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. II -16 SECTION 802. EQUAL EMPLOYMENT OPPORTUNITY. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, age, creed, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orienta- tion, marital status, age, creed, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms or compensation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discriminatory clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commit- ments under the City of Iowa City's Contract Compliance Program, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of the City of Iowa City's Contract Compliance Program. (e) In the event of the Redeveloper's non-compliance with the non-discrimi- nation clauses of this Section, or with any of the said rules, regula- tions, or orders, the Agreement may be canceled, terminated, or sus- pended in whole or in part. (f) The Redeveloper will include the provisions of Paragraphs (a) through (f) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors unless a specific exemption is approved by the City Council so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for non-compli- ance: Provided, however, that in the event the Redeveloper becomes involved in, or is threatened with, litigation with a subcontractor or 0 vendor as a result of such direction by the City, the Redeveloper may request the City to enter into such litigation to protect the interests of the City. SECTION 603. PROVISIONS NOT MERGED IJITH DEED. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transfer- ring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any title of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -18 RESOLUTION NO. 85-65 RESOLUTION REVISING THE ANNUAL BUDGET, FY85, ENDING JUNE 30, 1985, FOR PUBLIC HOUSING PROJECT IA -022003 & IA05PO22004 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166, for Project IA022003 and IA05PO22004, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The Budget for the referenced projects be revised as shown on the attached forms. 2. The proposed expenditures are necessary in the efficient and economical operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expenditures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. 4. All proposed rental charges and expenditures will be consistent with provisions of law and the annual contributions contract. 5. The Iowa City Housing Authority is in compliance with Section 207(A) of the Annual Contributions Contract, which states in part that the Housing Authority is reexamining the incomes of families living in the project at least once a year. It was moved by Erdahl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES NAYS: ABSENT: Passed and approved this 12th day of ATTEST: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER 1985. Cg is!•3 :?7 E :psrme f .-„�}, z z8 744 MUD-ISIY II•n A«,w.4 • wn IE1 r� OUR N.. 0-•0 R.« I M Y.a. Nu0-3m. 7/ wt FAA MOVIINO AMD Y[R AN DE•E LO MIE NT --a OI MOO -.F FIa T[. ANUYaCTIF�• LDA -RIMY NQUSING PROGRAM LMA -ON R•Rwl M•V.1 RE .............. OPERATING BUDGET LMA -L.." M..nq•5•au•n 32 A, ION)..... p I., F1 ... I T«, 1.4." .lune 10 It LMA-O•nti•M•••R _Nw.FIF ............. Q -Li []ORIGINAL [gjgvlFlOw ] LMA-L«.16-N.�••n•nNM1. , , Q NO. LMA-C•nOY•4 lnl«nA6Nmbrmlw C«nvr.Q .Y• oI 19uL A. I MOP I 11.M Iowa City Housing Authority, Civic Center, M.< NY.I•p 410 E. Washington, Iowa City IA 52240 KC9166 .G.I,1, LO c.un: Iowa City, Johnson County, Iowa Y.OI O.V. YM I -1. G1 P.: L A A•'L'••' 52 62 4 ww .Ru vrnca' U. RaRww.L D•r¢[. Ilnt ACTUALI bMo REQUESTED BUDGET ESTIMATES Des (bines, Iowa Kansas City „K;L ADTUA Pry.IWr CUMN[M LM. EETIYAT[E MUG YOGIIICATIGM• •UDO[T AANA« EYO F•• _t • AMOUNT AMOUNT P LIN[ rUY FW FYY Te M.w.r RO MUM TAMa.I MO MO. 111 111 IFI 1.1 IFI 1.1 ITI N•r Mln Y.AM Y .TY•R,A 001 Or•nn E.wn.A. 00a E.n..6 N.r PA N•nr. Acc•Y„ 000 M .i— lt.. •. 001 T•«I b«b-E.•n ANNwrls�.r LW. r • T 00! Ecru (« d1c;M 1n amb_E+.R Aw.unr 006 NArW n ILe,NI. P . Gnrrq OPERAINRECfIPT5� 010 D.A1n., RAnr.l. 137.66 149.7 010 i f E.uu WOW.. DaoY A NeMvll;nF Renate "Ft.. 0 M, V IN n•1 a Ivor 117 AS 0!0 D n 1u.n.1 •n GN,In1 FYAI IR.«rrnl. 1 12 in 7 060 WM Ow,A.IAn R.c.;R• Ftr) It 090 TOLL OPERATING R[C. EIPTS EXCLUDING N11D CONTRIB. PIRATING EXPENDITURES. ADYINISTRATIOMr 110 S•bra. 11 ng 2A A 11 n 2n rCn 110 A"i.Aft.ri.n E.r•R... ONM TIN. !•I.,,.. in 12 9 of in I F 1W Tol.l A6M;n1.Nn;Y, E.rNtM• 43.41 -44n 34 A 43.4 27-ogn TENANT SERVICES( 110 S•IANI. -__- no RIANNNI.w, Public«I«. MMI OM« S.,A;o. 730 CPA. CA... - TN,mg" W Or -- Ifo .I TANNIN 5.n;c« E.IN,.•. UTILITIES, 110 M LAW no Al urlli.tu .69 7.6 4 800 Y90 r...I Wu1e.. E,IN,....69 .4 .6 0 N ORDINARY MAINTENANCE AND OPERATION( 410 Y 5: A L.b•r W O IN Warid. 130 1 CN�rcl C•... 430 ? Tml OdIn.q Wimsnc . ANI OP.rA,l.n E..... 30.70 294 00 PROTECTIVE SERVICES, 460 UM q0 C Wa.aL �- NO Gnr,•cr Csm 490 T.nl P,.nni.. 5--. E.Pnu. GENERAL EXPENSE!. -� SIG I.... -- 140 1 310 PnNAR,• In LI.,, Al T.... 11 Orl 74 Ft- AM1 330 Twsin.l L••.• Pns.Nt. .791J20 540 Erin« B.mll. CInX;Wr;.n.-- 350 C.Il.cri« lauu 4 56 0 WM G.,.nI E...« 590 Tml GN —I EA«R... 16 600 TOTAL ROUTINE EXPENSES 610 MEATS TO OPMERS OF LEASED DRILLINGS PO 1 TOTAL OPERATING EXPENSES NONROUTINE EXPENDITURES, 710 z EmM«41 1aMr.nweA nD RA 1.c.NMM .1 E . -- - 2.7 1740 Tao aAT.I..M A4/Mien. )40 c Or W, NA—urine E. iNPA. 790 Z TOTAL NONROUTINE EXPENDITURES Nu0-3m. 7/ UJ. DEPARTMENT OF HOUSING AND URBAN DEY[LOINENT LW -EENT MUSING n1OGRAY OPERATING BUDGET P. AS...I Too, [.dine June 30 19 Ma.IDINAL R1N[vnlow.0. 1 IA022003 E IA05PO22004 ♦I wY0-A r1.flD M011Cllrll LHA-0.w/J.n.I Hw.rn CM O LN4L�W.L.Irw ]]. Iq.l o LNA•Vw.M Mwn LNA-0.re.4M^..�,br [] Iowa City, Johnson County, Iowa eTvwu rent REQUESTED NUGGET 11TW T[i un I An. InDIArL ACTw VISA Mr., CUI1w[w LMA [[TIYA TIE wUD YDDI )IDA TIDYE MDn,rC [UDD[T No RESIDUAL RECEIRS (OR DEFICIT) EEPORE NIA CONTRI[U 904 TIONS AND PROVISION FOR OPERATING RESERVE, 35.08 72.19 11 32.01 I9.9AQ 910Be... Ano .I Cww716.,iw (L...o/ P,.I.n) 920 1 RESIDUAL RECEIPTS IRR DEFICRI [EPME OTHER HUD CON• TROUTIONS AND PROVISION FOR O"NATIM RESERVE, iC nR N 10 i9 rn 10 nen OPERATING RESERVES FOR A CONTRACT OR PROJECT NiN[ pe,t I - meati. Op.reMe[ Re..r.e - c. EeW of Covert BdW Y. O,y-Irlf (500) of Live 600-C.I. 5 -Fa SECTION R - LNA{EASED MUSING - SECTIO) On.J.lf (5016) of Lin. 6013- Column 5- F. SECTION C - LHL-0[NED OR LEASED HOUSING Ormu.lf 151341 d Lim 600_ C.1— 5_ F_ Pont II - Prevision b end E.tim.r.d 9n Alt. i Operni.0 R.... .1 Te.n End 06 R.......t Ene .f Pmiw. Fled Twr - Anrl 5 29,850 07 P—ieimn ti Rw _ C. BdO., Year _ E.,I..n./ d11E[N,,X 9,450 08 R ... n..1 Ed Of Cv,.n, Bd,n Twe- E.H..M R,Ij,A RHx 39,300 W F— eien fm R.— - R..Y..no/ a", Tw- Eeriwn, 10 Rees.. of End of Roo .td Swi on Two _ E.r:..,ol LIY APMOVAL, Lyle G. Seydel. Housing Coordinator (HAve oNe If., R]wveq (mel (VAN. one Tlrl.l fSiMrru.l fD.nl , /7OZ-11, 1 Y[ppAw E AYDUMT •YDUwTur Puw IUM IVY (r.w......YY RESIDUAL RECEIRS (OR DEFICIT) EEPORE NIA CONTRI[U 904 TIONS AND PROVISION FOR OPERATING RESERVE, 35.08 72.19 11 32.01 I9.9AQ 910Be... Ano .I Cww716.,iw (L...o/ P,.I.n) 920 1 RESIDUAL RECEIPTS IRR DEFICRI [EPME OTHER HUD CON• TROUTIONS AND PROVISION FOR O"NATIM RESERVE, iC nR N 10 i9 rn 10 nen OPERATING RESERVES FOR A CONTRACT OR PROJECT NiN[ pe,t I - meati. Op.reMe[ Re..r.e - c. EeW of Covert BdW Y. O,y-Irlf (500) of Live 600-C.I. 5 -Fa SECTION R - LNA{EASED MUSING - SECTIO) On.J.lf (5016) of Lin. 6013- Column 5- F. SECTION C - LHL-0[NED OR LEASED HOUSING Ormu.lf 151341 d Lim 600_ C.1— 5_ F_ Pont II - Prevision b end E.tim.r.d 9n Alt. i Operni.0 R.... .1 Te.n End 06 R.......t Ene .f Pmiw. Fled Twr - Anrl 5 29,850 07 P—ieimn ti Rw _ C. BdO., Year _ E.,I..n./ d11E[N,,X 9,450 08 R ... n..1 Ed Of Cv,.n, Bd,n Twe- E.H..M R,Ij,A RHx 39,300 W F— eien fm R.— - R..Y..no/ a", Tw- Eeriwn, 10 Rees.. of End of Roo .td Swi on Two _ E.r:..,ol LIY APMOVAL, Lyle G. Seydel. Housing Coordinator (HAve oNe If., R]wveq (mel (VAN. one Tlrl.l fSiMrru.l fD.nl , /7OZ-11, ADDENDUM TO HUD 52564 OPERATING BUDGET PUBLIC HOUSING FY85 The data contained in column (2) is taken from the previously approved budget for this project for FY85. (See special instructions HUD for 52564.) The data contained in column (3) is taken from the semi-annual report "Statement of Operating Receipts and Expenditures" HUD 52599 submitted for this project. The data contained in column (4) is the same as column (3), i.e. taken from the sixth month actual experience report. The data contained in column (5) is based on the first six months of operation and amended per justification noted below. Line 010 - Reflects an increase of $7,530 in dwelling rental. Revision is based on 100% occupancy whereby original submission was based on 95% occupancy. Rents are slightly higher than projected. Line 050 - Interest income originally projected at $3.12 PUM while actual generation is $10.21 PUM. Rental payments are deposited directly to the savings account and withdrawn only as needed. This interest also includes interest earned on tenants' security deposits. Line 110 through 390 - No change. Line 410 - Reflects an increase from $10,690 to $14,500. It is essential that the maintenance position be increased from a 3/4 time to full-time status. Experience now dictates that a full-time person is a must. Further, the Housing Authority will soon be adding ten units to its Public Housing inventory which will require some maintenance labor. The City Council approved this change at their regular meeting on March 2, 1985. Line 420 - Reflects an increase from $4,850 to $6, 500. Justification for this is the increase in costs being experienced and the projected increase for the next six months; i.e., several of the units will require some painting during the next six months. This was not projected when the budget was prepared. Line 430 - Reflects an increase from $3,620 to $9,200. Justification for this large increase follows: $2,865 was spent during the first six months. Contract costs are being incurred more frequently than originally contemplated. It is reasonable to assume that the same rate will be incurred during the last six months of this fiscal year. In addition, it is planned that 10 of the units will be scheduled for complete interior painting at an average of $300 per unit. This will be handled by con- tract. Line 510 - No money budgeted in previous submission. The expense incurred during the first six months was for flood insurance and a small amount of workmen's compensation. 173 Line 520 - Reflects an increase based on the increase in rental income minus utility costs. Line 530 through 550 - no change. Line 720 - Replacement of equipment. This represents an increase. The authority is trading an older vehicle and will be purchasing a current model. Cash difference is $8,670 to include undercoating. Twenty percent of this cost will be charged to this project and the remaining 80% paid by Section 8 Administrative fees. RESOLUTION NO. 85-66 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE HOUSING & INSPECTION SERVICES DEPARTMENT - ASSISTED HOUSING DIVISION. WHEREAS, Resolution No. 84-47 adopted by the City Council on February 28, 1984, establishing an operating budget for FY85 authorizes all permanent positions, and WHEREAS, the increase in units of Section 8 and Public Housing requires additional staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Assisted Housing Division be amended by: 1. The deletion of one three-quarter time Maintenance Worker I. 2. The addition of one full-time Maintenance Worker I. It was moved by Strait and seconded by Ambrisco the Resolution be a opte an upon roll call there were: Passed e ATTEST: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber B5. PaCeN.L-i & /1;1�r t�e' RESOLUTION NO. 85-67 RESOLUTION AMENDING THE CLASSIFICATION PLAN AND NUMBER OF POSITIONS IN THE EQUIPMENT DIVISION WHEREAS, Resolution No. 84-158 adopted by the City Council on June 19, 1984, established a classification/compensation plan for AFSCME employees; and WHEREAS, Resolution No. 84-47 adopted by the City Council on February 28, 1984, establishing an operating budget for FY85 authorizes all permanent positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The AFSCME pay plan be amended by: a. The addition of one Body Repair Mechanic position grade 07. 2. The authorization of personnel in the Equipment Division be amended by: a. The addition of one full-time Body Repair Mechanic position. b. The addition of one full-time Maintenance Worker III - Parts Clerk position. It was moved by Erdahl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES Passed and approved thisl2th ATTEST: NAYS day of March ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber _ 1985_ klaoehmd & Approved BY The 6eE}a! Deparhnan9 / 7� RESOLUTION NO. 85-68 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE PUBLIC TRANSIT DEPARTMENT. WHEREAS, Resolution No. 84-47, adopted by the City Council on February 28, 1984, establishing an operating budget for FY85 authorizes all permanent positions, and WHEREAS, the operational needs of the Public Transit Department requires an additional Operations Supervisor and Maintenance Worker to ensure continued efficiency in the operation of the department. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the authorization of personnel in the Public Transit Department be amended by: 1. The addition of a three-fourths time Operations Supervisor, Grade 50. 2. The addition of a half-time Maintenance Worker I, Grade 01. It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this 12th ATTEST: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of March , 1985. P.eceive c4 Approve., By The Legal Department ), i RESOLUTION NO. 85-69 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an outreach program to locate youth who are alienated from the traditional approaches to youth services and help them identify their individual needs and facilitate meeting the same in the best interest for the individual and the community, and WHEREAS, United Action for Youth and the City of Iowa City were more closely tied in the past, and WHEREAS, United Action for Youth is a separate agency, no longer tied directly to the City of Iowa City, and WHEREAS, an FY85 funding agreement was executed June 19, 1984 between the City of Iowa City and United Action for Youth, and WHEREAS, the attached amendment to the FY85 funding agreement has been negotiated by the City of Iowa City and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached amendment to the funding agreement with United Action for Youth for FY85. It was moved by Dickson and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS Ve Passed and approved this ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 12th day of March 1985. f/ c��caxaC OR ATTEST: J�ja, •�J Y._An ) CITY CLERK F'aeeh�ee! & Approved Dy 'sae L�*�ai �VeFa^F�rrx nt / 7f Amendme L Lo FY85 Agreement Between the Ci y of Iowa City and United Action for Youth It is hereby agreed on this 24 day of April , 1985, that Division III of the FY85 funding agreement executed June 19, 1984, between the City of Iowa City and United Action for Youth are is hereby amended as follows: III.D. General Administration. The following sentence is hereby deleted from the original text: "The City Council will citizens of Iowa City to UAY Board." CITY OF IOWA CITY ATTEST: ),hW � -P, *aMJ City Clerk RecelvM & Approved 6y be Ler_ai Dcpar�eaf vz148S appoint two qualified voting serve as voting members of the UNITED ACTION FOR YOUTH !�. 7 _ ' lil .. G ....iii!' I Name v 6uhoyffew toorj(t ac Title RESOLUTION NO. 85-70 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM CLARIFYING THE EMPLOYMENT STATUS OF THE DIRECTOR. WHEREAS, the City Council of Iowa City, -Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 19.5 who are either current ADC recipients or who are determined to be disadvantaged with meaningful subsidized work experience in public and private non-profit agencies, and WHEREAS, the Mayor's Youth Employment in these youth positive work attitudes secure non -subsidized jobs, and Program provides assistance to develop and work habits so that they can later WHEREAS, an FY85 funding agreement was executed June 19, 1984, between the City of Iowa City and the Mayor's Youth Employment Program, and WHEREAS, the attached amendment to the FY85 funding agreement has been negotiated by the City of Iowa City and the Mayor's Youth Employment Program to clarify the Director's employment status with the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached amendment to the funding agreement with Mayor's Youth Employment Program for FY85. It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 12th day of March 1985. U YOR ATTEST: CITY CLERK Received & Approved By The Legal De rhnent v Amendment to FY85 Agreement Between the City of Iowa City and Mayor's Youth Employment Program It is herein agreed on this ft-) day of ori A�-1 1985, that Section IIIC of the FY85 funding agreement executed June 19, 1984, between the City of Iowa City and Mayor's Youth Employment Program is hereby amended to read in its entirety as follows: C. The Mayor's Youth Director shall be responsible for the administration of the program, including the preparation of an annual program budget for the City Council's consideration. For the purposes of this agreement, the director shall be considered an employee of the City of Iowa City. When a vacancy occurs, the position shall be filled in accordance with the City's personnel policies. However, the Mayor's Youth Board shall serve as an advisory committee for the selection of the director. The director shall be entitled to employee benefits of FICA and IPERS to be provided by the City of Iowa City with costs apportioned to Mayor's Youth Employment budget. The director shall be entitled to other employee benefits as approved by the Mayor's Youth Employment Board. Both the director and the staff shall comply with the personnel rules of the City. The Mayor's Youth Program may utilize the City's central purchasing facilities, however, prior approval for expenditures must be obtained from the City Manager or his designee. The above amendment to Section IIIC shall be effective upon execution of said amendment. CITY OF I014A CITY MAYOR'S.YOUTH EMPLOYMENT PROGRAM L- � LtU,`� yor ATTEST: Ci perk -e- eaAA2 i r Raccived & Approved py h {,ega! �epctirr�ent z zS Title ATTEST:ggg Ami Name litle /g/ I RESOLUTION NO. 85-71 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND CITY AND YELLOW CAB CO. FOR THE FY85 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, it is in the public interest to provide taxi service to Iowa City residents in order to supplement the Johnson County/Iowa City SEATS program for delivery of special elderly and handicapped transit services, and WHEREAS, based on a competitive bidding of a contract to City and Yellow Cab Cc mental taxi service, and process, City staff recommends the award of Iowa City for the FY85 SEATS supple - WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of this State may be exercised jointly with any other public agency of this State having such power, and WHEREAS, Iowa City, Johnson County, and City and Yellow Cab Co. have negotiated a 28E Agreement for the provision of supplemental taxi services for Iowa City residents and a copy of said contract is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: 1. That a contract for supplemental taxi service to the Johnson County SEATS program is hereby awarded to City and Yellow Cab Co. 2. That the Mayor is authorized to sign and the City Clerk to attest the 28E contract between the City of Iowa City, Johnson County, and City and Yellow Cab Co. for supplemental taxi service to the Johnson County SEATS program. 3. That the City Clerk is directed to file the 28E Agreement with the Secretary of State and record same with the Johnson County Recorder. It was moved by Erdahl and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 12th day of March 1985. ATTEST: & Approved ---_Z-"_ Y -r ._ FZ 28E AGREEMENT FOR FY85 SUPPLEMENTAL TAXI SERVICE This 28E Agreement is made and entered into on theIS day of r •Iavrc 1� , 1985, by and between the City of Iowa City, a municipa corporation,herein- after referred to as "City," Johnson County, and City & Yellow Cab Co. I. SCOPE OF SERVICES City & Yellow Cab Co. shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the Johnson County SEATS program. II. GENERAL TERMS 1. The origin and/or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service shall be the metropolitan area of Johnson County within the corporate limits of Iowa City, Coralville, and University Heights. 2. The provision of transportation by City & Yellow Cab Co. under this agreement shall be administered by Johnson County SEATS. Elderly and handicapped residents of Iowa City shall call the SEATS dispatcher to request transportation. The SEATS dispatcher shall determine if the ride is eligible for subsidized taxi service and will inform City & Yellow Cab Co. dispatcher of the intended trip, whereupon a taxi will be dispatched. 3. For the purposes of this program, an elderly person is defined as an individual over 60 years of age; a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental impairments which seriously limit his/her ability to obtain adequate transportation either through the use of private automobile or public transit. This includes persons who are restricted to wheelchairs. A spouse or companion accompanying eligible persons shall also be eligible to obtain rides. 4. The following trips shall be eligible for subsidized taxi service from City & Yellow Cab Co. a. Medical (i.e. doctor, dentist, drug store); trips that cannot be easily scheduled 24 hours in advance. b. Any other trip that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category include social service, shopping, volunteer service, social/senior activity trips, and employment - including regularly scheduled trips to and from a worksite. Taxi service shall be available 24 hours per day. Off -hour service must be scheduled during hours of SEATS operation. 5. City & Yellow Cab Co. shall reserve the right to refuse service to any passenger that is being disruptive. The SEATS manager shall be notified of all instances where a passenger is refused serv- ice. //S73 2 III. COMPENSATION 1. Each eligible participant shall pay City & Yellow Cab Co. a donation for each trip and the City shall subsidize the remaining cost of the trip. However, no eligible participant without a donation shall be denied a ride by City & Yellow Cab Co. In this situation, the City shall subsidize the entire cost of the trip. A determination of the total trip cost shall be calculated from the rates submitted by City & Yellow Cab Co. in their bid for the service: $1.70 for the first mile and $.55 for each additional half mile. The calculation of the first mile shall be mileage up to one and one-tenth miles and this shall also be the minimum charge. Each additional half mile shall be calculated at two- tenths and seven -tenths past the first mile. 2. On a monthly basis, City & Yellow Cab Co. shall request reimburse- ment from the City for the amount of the trip subsidy. With this request, an itemization of the date, time, donation, origin, and destination of each trip shall be provided by City & Yellow Cab Co. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. IV. 'INDEMNIFICATION City & Yellow Cab Co, agrees to defend, indemnify, and save harmless the City of Iowa City, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement. V. ASSIGNMENT City & Yellow Cab Co. shall not assign, sublet, or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION City & Yellow Cab Co. shall not commit any of the following employment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. VII. AFFIRMATIVE ACTION 1. City & Yellow Cab Co. agrees to complete an equal opportunity policy statement, as provided by the City of Iowa City. City & Yellow Cab Co. agrees to permit inspection of their records concerning the supplementary service by a person representing the City of Iowa City, Johnson County, and/or the State of Iowa, during normal working hours. A5W VIII. DURATION This agreement shall be in effect from March 1, 1985, to June 30, 1985. Upon agreement by the parties hereto, the terms of this agreement may be extended an additional thirty (30) days. However, this agreement may be terminated upon thirty (30) days written notification by either the City or City & Yellow Cab Co. IX. EXTENT OF AGREEMENT This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa. This agreement represents the entire agreement between the City of Iowa City, Johnson County, and City & Yellow Cab Co. for subsidized taxi service as herein provided. It may be amended only by a written instrument signed by all parties. CITY & YELLOW CAB CO. ✓ _f By. > v' f�i' resident ATTEST: JOHNSON COUNTY, IOWA By: Chairpers Board of Supervisors ATTEST: County Auditor CITY OF IOWA CITY, IOWA By: ohn M cc ona Mayor ATTEST: Ma ianK. Carr, City Clerk Re:-hvOd g Approved RY 7r<Merit /g- RESOLUTION NO. 85-72 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHEAST IOWA, FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO RENOVATE THE GOODWILL INDUS- TRIES EMPLOYMENT TRAINING FACILITY FOR VOCATIONALLY DISADVANTAGED PERSONS. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended, (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist Goodwill Industries of Southeast Iowa in renovating the employment training facility, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Goodwill Industries of Southeast Iowa to renovate its employment training facility for vocationally disadvantaged persons. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 12th day of ATTEST:ZgA�, CIT CLERK ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER Rece ve.! �j Appreved ;^.a.,y nx-nt AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GOODWILL INDUSTRIES OF SOUTHEAST IOWA FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION OF THE EMPLOYMENT TRAINING FACILITY FOR VOCATIONALLY DISADVANTAGED PERSONS THIS AGREEMENT, entered into this /9'�' day of M OA 4, , 1985, by and between the City of Iowa City, municipal corporation (herein referred to as the "City"), and Goodwill Industries of Southeast Iowa (herein referred to as "Goodwill"); and WHEREAS, the City is the recipient of 1985 Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Develop- ment (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist Goodwill in renovating its employment training facility for vocationally disadvantaged persons; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART I I. PURPOSE AND SCOPE OF SERVICES: A. 1. Goodwill shall renovate the employment training facility at 1410 First Avenue, Iowa City, Iowa, in order to improve the program which provides rehabilitation, training and employ- ment services to vocationally disadvantaged persons and individuals with mental and physical disabilities who cannot readily be absorbed into the competitive labor market. 2. Goodwill shall provide facilities for an employment training program to serve approximately 150 vocationally disad- vantaged persons annually for a period of five (5) years. B. Development of architectural designs for said renovation shall be the responsibility of Goodwill with written concurrence by the City. C. The City shall provide technical assistance regarding bidding procedures and awarding of contracts. All procedures shall be carried out according to HUD standards and shall be monitored by the City . Upon completion, the facilities shall comply with all applicable state and local building codes and be used for the purpose of training vocationally disadvantaged persons. II III IV. FA TIME OF PERFORMANCE: Goodwill will perform according to the following schedule: Program Element Contract for Construction Completion of Construction Facility in Operation Continued Facility Operation Deadline April 15, 1985 October 15, 1985 October 15, 1985 October 15, 1985 - October 14, 1990 This schedule is subject to change by mutual agreement of both parties, in writing. COMPENSATION AND METHOD OF PAYMENT: The City shall pay and Goodwill agrees to accept in full the amount of two hundred five thousand, three hundred thirty-five dollars ($205,335) for performance under this Agreement, as follows: 1. Partial payment shall be made upon presentation of a properly executed contract for applicable architectural services. 2. Balance of compensation due shall be made upon presentation of a properly executed contract for construction and renovation of the facilities. 3. The total of the above payments shall not exceed $205,335. TERMS AND CONDITIONS: A. The City shall assume no responsibility or liability for the maintenance, operation or program funding of the Goodwill Indus- tries employment training facility. B. Goodwill shall, at its own expense, procure and maintain during the period of this Agreement, all-risk property damage and liability insurance to be effective as of the start of the project. Property damage coverage shall not be less than the current market value of the property, and liability coverage shall not be less than $100,000 bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. C. In the event that Goodwill elects to sell or otherwise transfer legal or equitable interest in the property or discontinue the employment training program, prior to October 14, 1990, Goodwill shall pay to the City a prorated share of the $205,335. The 97 prorated share shall be determined by deducting one-fifth (1/5th) of $205,335 annually from the original $205,335 for each year elapsed under this Agreement. D. Except as provided herein, the terms of this Agreement shall be from the date of execution through October 14, 1990. This Agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. PART II PERFORMANCE AND REPORTING: A. Goodwill shall provide facilities for an employment training program for vocationally disadvantaged persons until October 14, 1990, in a manner satisfactory to the City. B. Goodwill shall direct all correspondence concerning this Agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator. C. Goodwill shall submit monthly reports describing the progress of the renovation activities to the Program Coordinator's office by the 15th day of each month until the completion of all renova- tion and expenditure of all CDBG funds disbursed under this Agreement. Upon completion of the renovation project, Goodwill shall submit quarterly reports by the 20th day of February, May, August and November of each contract year, quarterly reports shall include statistics pertaining to the number and county of residence of persons trained at the Goodwill Industries facility. In addition, an audited annual report which meets the specifica- tions set forth in OMB Circular A-102, "Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments", and which discloses the expenditure of CDBG funds allocated for the renovation of this employment training facility shall be submitted by April 30, 1986. No reporting requirements shall extend beyond October 14, 1990. D. Not later than December 1, 1985, Goodwill shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. Goodwill shall promptly furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this Agreement. 4 B. During the term of this Agreement, any time during normal business hours, Goodwill shall make available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of Goodwill's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. Goodwill shall retain financial records, supporting documents, statistical records, and all other records pertaining to expen- ditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment P (Audit Requirements) of OMB Circular A-102, Attachment 0 (Procurement Standards) of OMB Circular A-110, and OMB Circular A-122 (Cost Principles for Non-profit Organizations) shall apply to the use of funds disbursed under this Agreement. The City shall provide Goodwill with copies of said OMB Circulars, and Goodwill hereby acknowledges receipt of said Circulars. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Goodwill Industries facility on the basis of age, race, color, national origin, sex, marital status, sexual orientation, or disability. All prospective beneficiaries must, however, be disabled or handicapped persons in need of the programs provided at Goodwill Industries. V. EQUAL EMPLOYMENT OPPORTUNITY: Goodwill certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa Cit Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, Goodwill shall ensure that all contracts for work under this Agreement contain an appropriate equal employment opportunity statement. VI. LEAD-BASED PAINT POISONING PREVENTION: Goodwill will comply with the requirements of the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regula- tions thereunder (24 CFR Part 35), insofar as they apply to the performance of this Agreement. I/U VII. TERMINATION OF AGREEMENT FOR CAUSE: If Goodwill fails to fulfill its obligations under this Agreement in a timely and proper manner, or if Goodwill violates any of the terms, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to Goodwill specifying the default or defaults, and stating that this Agreement will be terminated 30 days after the giving of such notice unless such default or defaults, are remedied within such grace period. In the event of such termination, Goodwill shall repay the City the full amount of $205,335. VIII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement. IV. INTEREST OF GOODWILL: Goodwill covenants that it personally has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be performed under this Agreement. Goodwill further covenants that in the performance of this Agreement, no person having such an interest shall be employed by Goodwill. ASSIGNABILITY Goodwill shall not assign or transfer any interest in this Agree- ment, whether by assignment or novation, without the prior written approval of the City. XI. HOLD HARMLESS PROVISION: Goodwill shall indemnify and hold harmless the City, its officers, employees and agents from all liability, loss, costs, damage and expense (including reasonable attorney's fees and court costs) re- sulting from or incurred by reason of any actions based upon the performance of this Agreement. 11 IN WITNESS WHEREOf the parties hereto have executed this Agreement on this /�d_ day of 1985. CITY OF IOWA CITY, IOWA / BY: '/ C& Mayor ATTEST: City Clerk GOODWILL INDUSTRIES OF SOUTHEAST IOWA BY: Executive Director ATTEST: Administrative essistant kbaa v2d & Approved By The Leraf Department i I RESOLUTION NO. 85-73 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA CITY COMMUNITY SCHOOL DISTRICT, FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO PURCHASE PLAYGROUND EQUIPMENT FOR THE LONGFELLOW SCHOOL PLAYGROUND WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended, (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist the Iowa City Community School District in purchasing playground equipment for the Longfellow School playground; and WHEREAS, the Longfellow School playground site is to function as the playground for Longfellow School, as well as a park serving residents living in the neighborhood surrounding the playground, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Iowa City Community School District to purchase equipment for the Longfellow School playground. Said agreement is attached to this Resolution and is incorporated by this reference herein. It was moved by Ambrisco and seconded by the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this 12th ATTEST: NAYS: ABSENT: Erdahl Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of March , 1985. By�lti6d 8 Approved Y NI-�' rtmenf /�P3 CITY OF I0\/VA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 March 7, 1985 Dr. David L. Cronin, Superintendent Iowa City Community School District 509 South Dubuque Street Iowa City, Iowa 52240 Re: Longfellow Playground Equipment Dear Dr. Cronin: This letter is to set forth the agreement between the City of Iowa City and the Iowa City Community School District regarding the use of certain Community Development Block Grant (CDBG) funds. The City of Iowa City, as recipient of 1985 CDBG funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended, wishes to utilize CDBG funds to assist the Iowa City Community School District in purchasing playground equipment for the Longfellow School playground. This site is to function as the playground for Longfellow School, as well as a park serving residents living in the neighborhood surrounding the playground. The City's sole responsibility in this matter shall be to make payment to the School District for this project in an amount not exceeding $2400. Payment shall be made to the School District upon presentation of an invoice for the Longfellow playground equipment. It shall be the respon- sibility of the School District to purchase and install the equipment at the Longfellow School playground site and to assume all responsibility for the maintenance of the equipment and for all tort claims related to this project. The School District shall be responsible for selection of the equipment for this playground with written concurrence by the City. The City is pleased to participate, completion of this joint effort to the Longfellow School neighborhood. Si erely yours, ohn McDonald Mayor and looks forward to the successful improve the playground facilities in Dr. David L. Croni- March 7, 1985 Page 2 The Iowa City Community School District hereby acknowledges receipt of the foregoing letter, dated March 7, 1985, relating to Longfellow School play- ground equipment, and the signature below on its behalf attests its agreement to the terms thereof on this 7L day of March, 1985. ��,nnrave�'S / 9.S RESOLUTION NO. 8S-74 RESOLUTION AUTHORIZING AND DIRECTING AUDITOR OF JOHNSON COUNTY, IOWA, TO PLACE BEFORE THE QUALIFIED ELECTORS AT THE GENERAL ELECTION OF NOVEMBER 5, 1985 THE QUESTION OF AMENDING THE CITY CHARTER TO PROVIDE FOR NOMINATION AND ELECTION OF DISTRICT COUNCILMEMBERS SOLELY BY THE VOTERS OF THEIR RESPECTIVE DISTRICTS. WHEREAS, the Iowa City Charter provides that three City Council members, known as District Councilmembers, shall be nominated by the qualified electors of the respective districts, but elected by the qualified electors of the whole City; and WHEREAS, in accordance with the provisions of the Charter, the Charter Review Commission has deemed fit to submit to the voters a ballot question to provide for both nomination and election of District Councilmembers by districts; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Auditor of Johnson County, Iowa, as Commissioner of Elections, is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa, at the general election of November 5, 1985: The Iowa City Charter now provides for nomination of three Council - members by district with election by voters of the entire City. The proposed amendment would provide that the three district City Council - members be nominated and elected solely by the voters of their respective districts. Shall the following amendments to Yes _ the Charter of Iowa City be adopted? No Section 2.01 Composition. The City Council shall consist of seven members; four to be elected at -large and three to be elected from districts and known as District Councilmembers. At -large members are to be nominated and elected by the qualified electors of the entire City. District Councilmembers are to be nominated and elected by the qualified electors of the respective districts. Nominations and elections shall be pursuant to the procedures described in Article III. Section 3.03 Regular City Election. A. In the regular City election, a Council District seat up for election shall be listed separately on the ballot only in the precincts making up the District; and only the names of candidates nominated for that Council District seat shall be listed on the ballot as candidates for that seat. J/V,� Resolution No. _ 74 Page 2 2. The City Clerk is authorized and directed to deliver a certified copy of this resolution to the Auditor of Johnson County, Iowa, in time to place the question before the voters at the general election of November 5, 1985. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this NAYS x ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 12th day of Nlarch 1985. lk AYOR Ke;flived & Approved By ih.e e5;al De 1d �1.7 Res. 8S-75 �es�a��t#ta� a# fQamntexr�t�#ra�t futh Walters submitted a resignation from the service of the City of Iowa City R$ective March 29, 1985 'and 0499% the god Ruth Walters as an employee of the Water Division has given the City of Iowa City 19 years of dedicated service, from August,1965 pad 04trra;, the City Council wishes to commend the said Ruth Walters for said service. Nofp Ther be it Pso160 bV Cha 94 (Qm ned of ulna (94, ZIA,= 1. That the City Council of Iowa City, Iowa hereby commends Ruth Walters for meritoriou9 service in the Water Division of the City over the years 2. That the City Council extends the gratitude of the City to the said Ruth Wal ters for hep service. 3. 'What the, Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution tq Ruth Walters It was Moved by Erdahl and seconded by Ambrisco that the Rpolu- tion be adopted, n ATrW; CITY CLERK Passed and approved thio 9th day 'Q April, 1985. ', /141 MAYOR RESOLUTION NO. 85-76 RESOLUTION ADOPTING SUPPLEMENT NUMBER 23 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 23rd supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 23 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I 1. That supplement number 23 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day Rf April , 1985 . ATTEST: 2tvroiJ CITY CLERK RecohW A AMP~ By + __t 3 ao '47 n /1 RESOLUTION NO. 8S-77 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE WHEREAS, the,Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Police Department has made every effort to locate the owners of these bicycles and has been unsuccessful it its efforts; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders on April 28, 1985, beginning at 1:00 P.M. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, and that Notice of said sale shall be published in the Iowa City Press -Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of the sale. It was moved by Strait , and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: AYES NAYS ABSENT X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of ATTEST: City Clerk 1985. PecelvAd Approved ga,T`: %s'• —i Depart ent RESOLUTION NO. 8S-78 RESOLUTION $£TTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE COURT IWROVE14FM PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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 23rd day of April , 19 85, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa -City, Iowa. i 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Ambrisco resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Baker x Dickson x_ Erdahl x_ McDonald x Strait X Zuber Passed and approved this 9th day of April 19 85. ATTEST: �fj,�,;�� 9(1,,) CIT CLERK that the & Apnrovea Recehed artment ay Tip- Legal � s 8i Jn -) RESOLUTION NO. 85-79 RESOLUTION SETTING A PUBLIC HEARING ON THE CITY OF IOWA CITY'S FY86 STATE TRANSIT ASSISTANCE APPLICATION. WHEREAS, the City of Iowa City intends to file an FY86 application with the Iowa Department of Transportation for State Transit Financial Assis- tance, and WHEREAS, interested citizens should be provided an opportunity to review and comment on this application, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a public hearing on said application be held at 7:30 PM on May 21, 1985, in the Council Chambers of the Iowa City Civic Center; and 2. That the City �lerk is -'hereby authorized and directed to publish a notice of said ublic hearing in a newspaper, published at least once weekly and having general circulation in the City, more than thirty (30) days before said hearing; and 3. That the City is hereby authorized and directed to place on file for public inspection by April 8, 1985, the City of Iowa City's State Transit Assistance application for FY86. It was moved by - Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 9th ATTEST: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of April , 1985. a. F::te.�t�:a! �: E:j p��e•:... B,. Frs fc�� i5amsat A-�? RESOLUTION NO. 85-80 RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF MORMON TREK BOULEVARD RIGHT-OF-WAY NEAR PLAEN VIEW DRIVE AND THE IOWA CITY CORPORATE LIMITS. WHEREAS, the City of Iowa City vacated a portion of the Mormon Trek Boulevard right-of-way as shown on Exhibit A and Exhibit B attached, at the request of Dynevor Inc.; and WHEREAS, Dynevor Inc. and the City of Iowa City are the only abutting property owners of these parcels; and WHEREAS, Dynevor Inc., in a letter dated February 26, 1985, has requested the conveyance of said right-of-way shown in Exhibit A and Exhibit B to Dynevor Inc. for a sum of $2,730.00; and WHEREAS, the Department of Public Works and the Department of Planning and Program Development have reviewed the requested conveyance and find no reason not to dispose of the vacated right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City agrees to convey the above-described property to Dynevor Inc. for two thousand seven hundred thirty dollars ($2,730.00). 2. That the Mayor is authorized to sign and the City Clerk to attest a quit claim deed conveying said property to Dynevor Inc. It was moved by - - Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X Passed and approved this 9th d ATTEST: Yjji,,d,J 9(!a'� CIrY CLERK Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of April , 1985. Re`ertfed 8i Approved w. ,V /141 �. f - .r m 2 X LL \ \� [91[20 _10071S . caamn:an Count row -- ® [arawS:dY count Mc[SUY:orc I cartlfy that during the month of Aly, 1954, at the direction of George t a 0 Cowanu:oa COMrtt, A[CM(0 trr Nagle of Dynevor, Inc., ■ survey was made under my supervision of all that e Boren COMP[" MOO portion of the Right -of -May of Norman Trek Boulevard between Centerline (TM PP NIN ., tral,e) • • // o r.a.9tn wenn YT etatlon 6123125 and Centerline Station 8130.00, which 1■ bounded on the 151V.T N �,rll. */ L& l Northeast by the present Right -of -Nay line of said Mormon Trek Boulevard, and l ! on the Southwest by a line, 40 feet normally and/or radially distant —a— NEwwn V. so.00uT STrta Northeasterly of, and parallel and/or concentric with the centerline of said ••�� • -- 10110P "rte Mormon Trek Boulevard, and which portion Is morearticular) described as uaaa•e 4 -- .T Loss follows: P Y wt // -4--- wtusrts •�n CC marts 91 r[.CWKR �'� / � martw Commencing at an Iron Right -of -Way Pin with Tablet, found at a point on the LAT [TNES,[n9LY Northeasterly Right -of -May line of Mormon Trek Boulevard, which is 80 feet -- Sm marts, amw a BY ocd normally distant Northeasterly of Centorllne Station 5123+00; Thence '\ _9nun [urs lN) rt •v(COWE t Nry••• S55.48'55"N, 20 feet, to a point which is 40 feet normally distant ,. • �, ltl cdrto O:NEn:ds Northeasterly of sold Centerline Station 8123.00; Thence N34.13'05"M, 25.00 t` 4y (a) rtnuw o:rtnian feat, to a point on the Northwesterly line of platted Gryn Drive in accordance ■ ■SaI< LINES with the Plat of Subdivision Recorded In Plat Book 24, at Page 18, of the .._m• we: trams uNETt Records of the Johnson County Recorder's Office and which Dolnt is 40 feet `- %1 ' s �• .wLI To•w•• art DELTA Q[ normally distant Northeasterly of said Centerline of Mormon Trek Boulevard, �•* W57,06 mart ac[INEd and is the Point of Beginning; Thence N34.13105"M, 130.80 feet, to a point �4 T.Iw.w curt Tenn C[rtTx which Is 40 feet normally distant Northeasterly of Centerline P.C. Station F1�p'p wIiidl omrt nos[[NETS 5124.55.8; Thence Northeasterly, 481.1 feet along a line 40 feat radially r4. F, sr rM•s•m•w•[ wrt rates NEw:NE distant Northeasterly of, and concentric with said Ccnterllne, on a 2924.5 �• ^"�`'� • P.C. roan ar arms[ foot radius curve, concave Northeasterly, whose 480.5 foot chord bears zny .a' P.I. min vT.rttYnTa N29.20'20"M, to a point which is 40 feet, radially Blatant Northeasterly of �C' '�'•' P.T. ro[n or TN¢eT Centerline P.T. Station 8129.43.8; Thence N24.27135"N, 58.4 feet to an Iron eW..•Y2Y rs'2.'W P.O.S. roTrt v edam •rtt �;`_ J R1¢ht-of-May Pin with Tablet, found an said Northeasterly R1¢hl-of-May line of Fa♦ e ef T=. [un umn amen Mormon Trek Boulevard, which is 40 feet normally distant Northeasterly of Q ls.• Tan.u.,) 4 Centerline Station 5130.00: Thence S38.25, 50"8, along said Northeasterly LI T_+ LIrt sawn mend •\ •• '%�i Twu[.u.,) Right -of -May line. 387.40 feet, to an Iron Right -of -Nay Pin with Tablet found. ` ALL o:a.rtrs Sy.0 rtrtd nr c. r9n uo which is 115 feet radially distant Northeasterly of Centerline Station Zr.�p P w.me[Tm v FELT, 0u.[sS aTnwaY NEl[e. 3120.10; Thence 523.13'50"B, along said Northeasterly Right -of -Nay line. • r'� ru waaut+,cu.rl 283.93 feet; to a point on sold Northwesterly Right -of -May Line of Platted QEraaae.a .9 xl..Mi, qe.[ Oryn Drive; Thence S55.48155"N, 24.05 feet, to the Point of Beginning. Said VAtm la. iayNLOJ '(LyJSV eat tract of land contains 0.70 acres more or less, and 1s subject to easements and restrictions of record. _ / u I further certify that the Plat an shown is a correct representation of the • a ._ augvey and all corners are marked as Indicated. po,NT of CE..\N4t,W4 �f r.' Robert D. Mickelson Reg. No. 7038 Date Ft w Subscribed to and sworn before me this —day of 19 Notary Public. in and for the State of Iowa r J U L 181984 MARIAN K. KARR CITY CLERK (3) U c m x W 2 / o LYTJ CAC PAK.T � F.Lfawmc, M axe..• . p1A1 W1.24 poL is. 41aL 6cow 4`v eu VLtie i as .. Lr s 1.L a .•ars TIMENI7WG. Lis case ® m[wD•a mIK. mirmaxisca Q Kr»Qe LKa71m • 4`a lairsM Iu.ca ram 00 4`r 00 s,.n1) o AaR7T [m.tn ca �c � unit � Ld nrly tet— rlmrin I/. amd.r LIM m ft LIM um -sr., LIO ++-6� Ir4 IIM .1 rtm 1711 1 Lrt LIM% r.m.a 4`R LIM. I M 0 R erre Lawton Lacs Iw1 auric awsl b.Iw L w4`. 40, "V4 -14 (q Q eIKI51m6 lel telss03 DIM41M a LING. Lao 4`103.00• .qm.m• prllt .lade "1 mK mss acct L-11?,r mK aK Laaclx a-tm,_w omK mean rranx b`1n.n NK LKma LIWTe Y 4`.t --o TIME ape aLWc P.C. Alp Is maaaml I.I. ropy R mcmcllwi P.I. Atp or Iawtw:a 6LL rely R MISKIK ce 1-1 WK QO[p Wn[a (w Tr.u.u00) If 1=1 IIK scam WALL Iw T.mLu00) YL omLKn r Kum ALL I. FEET In PMA11" p FEET. MISS oTKwul .mm. I certify that during the month of July, 1984, at the direction of George Nagle of Dynevor. Inc., a survey was made, under my supevlsion of All that portion of the Right -of -May of Mormon Trek Boulevard between Centerline Station 5117+67.61 and Centerllne Station 5122+75, which is bounded, on the Northeast by the present Right -of -Way line of said Mormon Trek Boulevard, on the Southwest by a line which to 40 feet normally distant Northeasterly of, and parallel with said Centerline of Mormon Trek Boulevard, and on the South by the South line of the Northeast Quarter of the Northwest Quarter of Section 20, Township 78 North, Range 6 West of the 6th. Principal Meridian. Which portion is more particularly described as follows: Commencing at an Iron Right -of -Way Pin with Tablet, found at a point on the Northeasterly Right -of -Way line of Mormon Trek Boulevard, which is 60 feet normally distant Northeasterly of Centerline Station 5123+00; Thence S42"02'SO'E, along said Northeasterly Right -of -Way line, 25.24 feet, to the Westerly Corner of Lot 48 of Ty'n Can Subdivision Part 3, Iowa City, Iowa as Recorded 1n Plat Book 24, at Page 18, of the Records of the Johnson County Recorder's Office, which is the Point of Beginning; Thence S42"02'50"E, along said Northeasterly Right -of -May line, 376.56 feet, to on Iron Right -of -Way Pin with Tablet found, which is 115 feet normally distant Northeasterly of Centerline Station 5118+00; Thence S32"02'50"E, along said Northeasterly Right -of -Way line, 132.00 feet to an Iron Right -of -Way Pin with Tablet found, which in 110 feet normally distant Northeasterly of Centerllne Station 5117+68.1; Thence S25"55120'E, slang sold Northeasterly Right -of -Way line, 0.48 feet, to a point on the South line of the Northeast Quarter, of the Northwest Quarter, of Section 20, Township 78 North, Range 6 West, of the 5th. Principal Kerldlan, which is the Southwest Corner of Lot 41 of said Ty'n Cae Subdivision, Part 3; Thence N88"30137"W, along said South line of the Northeast Quarter, of the Northwest Quarter, of Section 20, 85.42 feet, to a point which is 40 feet normally distant Northeasterly of the Centerllue of Norman Trek Boulevard; Thence N34"13'05"W, 458.38 feet, to a point which Is 40 feet normally distant Northeasterly of Centerllne Station 5122+75; Thence N55"46'55"E, along the extended Southeasterly line of Gryn Drive 23.44 feet, to the Point of Beginning. Said tract of land contains 0.60 acres more or 6 .21 leas and Is subject to the following described Dralnageway Easement and all other easements and restrictions of record. 50 Foot Wide Dralnagewav Easement Commencing at an Iron Rlght-of-Nay Pin with Tablet found at a point on the Northeasterly Right -of -Way line of Mormon Trek Boulevard, which Is 115 feet normally distant Northeasterly of Centerllne Station 5119+00; Thence S32"02150"E, along said Northeasterly Right -of -Way line, 8.40 feet to a point on the Centerline of the existing 50 Foot Wide Dralnegeway Easement, as Recorded 1n Plat Book 24, at Page 16, of the Records of the Johnson County Recorder's Office end which point Is the Point of Beginning on a 50 Foot Wide Dralnegeway Easement the Centerllne of which beers 523"40'53'W, 88.13 feet, to AUL 8 1984 pointwhich is 40 feet normally distant Northeasterly of Centerline Station 3118.43.74. WIPFPA K• Kp 4, 1 further certify that the Plat as shown 1s a correct representation of 'the V G�ERK lam'survey and all corners are marked as Indicated. Robert D. Mickelson Reg. No. 7036 Date Subscribed to and sworn before me this _ day of 18 Notary Public. In and for the State of Iowa RESOLUTION NO. 85-81 RESOLUTION AUTHORIZING CONVEYANCE OF UNUSED HIGHWAY 1 WEST RIGHT-OF- WAY ABUTTING RUPPERT SUBDIVISION PART ONE AT 809 HIGHWAY 1 WEST. WHEREAS, the City of Iowa City did receive a patent from the State of Iowa for unused Highway 1 West right-of-way located adjacent to Ruppert Subdivi- sion Part I; and WHEREAS, a portion of said unused right-of-way is legally described as: Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence N 00051'23” E (an assumed bearing), along the East line of said Southwest Quarter, 1657.17 feet, to a point on the Southerly right-of- way line of Iowa Primary Road No. 1; thence S 74057'52" W along said Southerly right-of-way line, 62.38 feet, to the Point of Beginning; thence S 74057'52" W, along said Southerly right-of-way line, 474.28 feet; thence Northeasterly 361.61 feet along a 2727.58 foot radius curve concave Southeasterly, whose 361.35 foot chord bears N 70046'39" E; thence N 74034'32" E, 94.96 feet; thence Southeasterly 37.10 feet along a 20.00 foot radius curve concave Southwesterly, whose 32.00 foot chord bears S 52017'03" E; thence S 00051'23" W, 1.61 feet, to the Point of Beginning. Said tract of land contains 9188 square feet more or less and is subject to easements as provided in Iowa Code (1983) Sec. 306.22, and conditions contained in Iowa Code Sec. 306.24. WHEREAS, Marvin D. and Verna M. Hartwig, contract buyers of Ruppert Subdivi- sion Part I, which abuts said property, have submitted a Formal Offer to purchase said property for two thousand four hundred eleven and 85/100 dollars ($2,411.85), which Offer is subject to certain conditions; and WHEREAS, after publication of notice as required by law, a public hearing on the proposed conveyance was held by the City Council on the 9th day of April, 1985, at the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City agrees to accept the Offer for the above-described property from Marvin D. and Verna M. Hartwig for two thousand four hundred eleven and 85/100 dollars ($2,411.85), on the condition that the terms of the Offer requiring that the City provide a general warranty deed and an abstract be deleted. 2. That the Mayor is authorized to sign and the City Clerk to attest the Offer as modified in accordance with paragraph 1, a deed without war- ranty, and such other instruments as the City's Legal Department may approve to convey said property to Marvin D. and Verna M. Hartwig. 7n 7 Resolution No. Page 2 It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES NAYS: ABSENT: Passed and approved this 9th d ATTEST: -je CITY CLERK Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of April , 1985. By The 1RO:11 "e-B-fr"ent i? 5� S,dJJ ,2/15( RESOLUTION NO. BS -82 RESOLUTION APPROVING THE PRELIMINARY PLAT AND PLANNED DEVELOPMENT HOUSING PLAN OF TY'N CAE, PART 4, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Dynevor, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat and planned development housing plan of Ty'n Cae, Part 4 , a subdivision of Iowa City in Johnson County, Iowa which is legally described on Exhibit A attached; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and planned development housing plan and have recommended approval of same; and WHEREAS, the preliminary plat and planned development housing plan have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that -they be accepted and approved; and WHEREAS, the preliminary plat and planned development housing plan are found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat and planned development housing plan of Ty'n Cae, Part 4, a subdivision of the City of Iowa City, is hereby approved. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify approval of this resolution, which shall be affixed to the preliminary plat and planned development housing plan after passage and approval by law. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of April 1985. ATTEST: %jam y(�� CI CLERK Resetved & Appmved By ThLegal Depa nt H '4 'r C'? D % EXHIBIT A Ty'n Cae, Part Four LEGAL D E S C R I P T I O N A resubdivision of Lots 96A, 96B, 96C, 96D, 96E, 97 and 98, of Ty'n Cee Subdivision Part 3, as shown on the Final Plat, P.A.D. and L.S.R.O. Plan recorded in Plat Book 24, at Page 18, of the Records of the Johnson County Recorder's Office, and a portion of the adjacent excess Right -of -Way of Mormon Trek Boulevard. Said excess Right -of -Nay being more particularly described as follows: All that portion of the Right -of -Way of Mormon Trek Boulevard between Centerllne Station 5123+25 and Centerline Station 5130+00, which is bounded on the Northeast by the present Right - of -Way line of said Mormon Trek Boulevard, and on the Southwest by a line, 40 feet normally and/or radially distant Northeasterly of, and parallel and/or concentric with the centerline of said Mormon Trek Boulevard, and which portion is more particularly described as follows: Commencing at an Iron Right -of -Way Pin with Tablet, found at a point on the Northeasterly Right -of -Way line of Mormon Trek Boulevard, which is 60 feet normally distant Northeasterly of Centerline Station 5123+00; Thence S55'46'55"W, 20 feet, to a point which is 40 feet normally distant Northeasterly of said Centerline Station 5123+00; Thence N34"13'05"W, 25.00 feet, to a point on the Northwesterly line of platted Gryn Drive in accordance with the Plat of Subdivision Recorded in Plat Book 24, at Page 18, of the Records of the Johnson County Recorder's Office and which point is 40 feet normally distant Northeasterly of said Centerline of Mormon Trek Boulevard, and is the Point of Beginning; Thence N34°13105"W, 130.60 feet, to a point which is 40 feet normally distant Northeasterly of Centerline P.C. Station 5124+55.6; Thence Northeasterly, 481.1 feet along a line 40 feet radially distant Northeasterly of, and concentric with said Centerline, on a 2824.8 foot radius curve, concave Northeasterly, whose 480.5 foot chord bears N29020120"W, to a point which is 40 feet, radially distant Northeasterly of Centerline P.T. Station 5129+43.6; Thence N24"27'35"W. 56.4 feet to an Iron Right -of -Way Pin with Tablet, found on said Northeasterly Right -of -Way line of Mormon Trek Boulevard, which is 40 feet normally distant Northeasterly of Centerline Station 5130+00; Thence S38°26'50"E, along said Northeasterly Right -of -Way line, 387.40 feet, to an Iron Right -of -Way Pin with Tablet found, which is 115 feet radially distant Northeasterly of Centerline Station 5126+10; Thence S23'13'50"E, along said Northeasterly Right -of -Way line, 283.93 feet, to a point on said Northwesterly Right -of -Way Line of Platted Gryn Drive; Thence S55`46'55"W. 24.85 feet, to the Point of Beginning. Said tract of land contains 0.70 acres more or less, and is subject to easements and restrictions of record. Said tracts of land containing 3.93 acres more or less, and are subject to easements and restrictions of record. Q2/D RESOLUTION NO. 85-83 RESOLUTION APPROVING THE FINAL PLAT OF RUPPERT SUBDIVISION, PART ONE, AND THE FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF MHI AUTO CENTER. WHEREAS, the owners, Charles W. Ruppert and Marie Ruppert, Cleldon F. Ruppert and Betty C. Ruppert, Richard H. Ruppert, Herman G. Ruppert and Betty Lou Ruppert, Katherine C. Hogan and Eugene Hogan, Rosamond V. Cooper and Dean Cooper, Robert L. Ruppert and Maxine Ruppert, and contract buyers, Marvin D. and Verna D. Hartwig, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat for Ruppert Subdivision, Part One, located on real estate in Iowa City, Johnson County, Iowa, as described in Exhibit A which is attached to this resolu- tion and hereby made a part thereof; and the contract buyers, Marvin D. and Verna M. Hartwig, have filed with the City Clerk an application for approval of the final Large Scale Non -Residential Development plan for MHI Auto Center, on said real estate; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plan and final plat and have recommended approval of same with a waiver of sidewalk requirements, and subject to rezoning of the property to CI -1 and pending resolution of the frontage road issue; and WHEREAS, the final plan and final plat have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that they be accepted and approved subject to the waiver and conditions of the staff recommendation; and WHEREAS, the property has been rezoned to CI -1; and WHEREAS, the Iowa Department of Transportation has vacated and disposed of a portion of the Highway 1 West right-of-way; and WHEREAS, MHI Auto Center will construct a frontage road to be dedicated to the City of Iowa City; and WHEREAS, the City of Iowa City has agreed to convey excess Highway 1 right-of-way to Marvin D. and Verna M. Hartwig in accordance with the dimensions shown on the final plan and final plat; and WHEREAS, the conditions described above having been satisfied, the final plan and plat are found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Ruppert Subdivision, Part One, and the final Large Scale Non -Residential Development plan of MHI Auto Center are hereby approved. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision or plan, and to certify this resolution which shall be affixed to the plat and plan after passage and approval by law. The owners shall be responsible for recording at the office of the County Recorder of Johnson County, Iowa, copies of the plat, plan and resolution along with all legal documents required pursuant to the provisions of Chapter 409 of the Code of Iowa and Chapter 32 of the Iowa City Code of Ordinances, and returning a copy of such recorded documents to the office of the City Clerk before the issuance of any building permit is authorized. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, an upon roll call there were: AYES X X X X X X X NAYS: ABSENT: Passed and approved this 9th day of ATTEST: C11Y CLERK AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER Received & App. , Ve.: By The Laval Department q 4 i r1 ca9%1�12) EXHIBIT A RUPPERT SUBDIVISION, PART ONE, IOWA CITY, IOWA Commencing at the Southeast Corner, of the Southwest Quarter of Sec- tion 16, Township 79 North, Range 6 West of the 5th. Principal Meri- dian; Thence N00051'23"E, (An Assumed Bearing), along the East line of said Southwest Quarter, 1657.17 feet to a point an the original Southerly Right -of -Way Line of Iowa Primary Road No. 1; Thence S74"57'52"W, along said Southerly Right -of -Way line, 62.38 feet to a point which is 60.00 feet normally distant West of said East line of the Southwest Quarter of Section 16 and which point is also the Point of Beginning; Thence S00"51'23"W, 616.61 feet; Thence N89"08' 37"W, 503.31 feet; Thence NOO°51'23"E, 465.33 feet; Thence North- easterly 413.31 feet, along a 2727.58 foot radius curve, concave Southeasterly, whose 413.02 foot chord bears N70°14'01"E• Thence N74"34'32"E, 94.96 feet; Thence Southeasterly 37.10 feet along a 20.00 foot radius curve, concave Southwesterly whose 32.00 foot chord bears S52°17'03"E; Thence S00"51'23"W, 1.61 feet, to the Point of Beginning. Said tract of land contains 6.50 acres more or less and is subject to easements and restrictions of record. C2 /__:? �v RESOLUTION NO. 85-84 RESOLUTION TO DISPOSE OF A PORTION OF THE PERMANENT FLOWAGE EASEMENT FOR THE RALSTON CREEK NORTH BRANCH DETENTION BASIN LOCATED IN FIRST AND ROCHESTER SUBDIVISION, PART ONE. WHEREAS, in conjunction with the Ralston Creek North Branch Detention Basin Project, the City of Iowa City and Plum Grove Acres, Inc., entered into an agreement on July 12, 1982, concerning permanent and temporary flowage easements in what is now a subdivision known as First and Rochester, Part One; said agreement being recorded in Book 624, pages 6-10 in the Johnson County Recorder's office, and WHEREAS, because of a change in the location of a roadway across the deten- tion basin, a certain portion of the permanent flowage easement, legally described below, is no longer necessary; and WHEREAS, Plum Grove Acres, Inc. has agreed to compensate the City of Iowa City for said portion of the flowage easement by providing equivalent storm sewer storage capacity in the floodway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, THAT: 1. The city hereby releases a portion of the permanent flowage easement recorded in Book 624, pages 6-10 in the Johnson County Recorder's Office, which portion is legally described below: Commencing at the northwest corner of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian; thence south 00002'26" west, 90.00 feet; thence north 89023'13" east, 300.00 feet to the Point of Beginning; thence north 50021'36" east, 142.92 feet; thence north 89023'13" east, 40.00 feet; thence south 30036'47" east, 103.92 feet; thence south 89023'13" west, 202.99 feet to the Point of Beginning. Said contract contains 0.251 acres more or less. 2. The Mayor and the City Clerk are hereby authorized to execute and deliver the Permanent Flowage Easement Vacation Agreement, attached hereto and incorporated by reference herein, with Plum Grove Acres, Inc., providing for stormwater storage in the floodway equivalent to the stormwater storage volume in the portion of the permanent flowage easement released hereunder. The Mayor and the City Clerk are hereby authorized to execute and deliver to Plum Grove Acres, Inc. a quit claim deed to the above-described property. 4. The City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this resolution and of the Agreement and Plum Grove Acres, Inc. shall record them at the office of the County Recorder of Johnson County, Iowa. Resolution No, 1 4 Page 2 It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 9th ATTEST: CITY CLERK ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of April , 1985. QafnfyEsd & approved ZT , _1'9al Departmonf his AGREEMENT RELATING TO PARTIAL RELEASE OF PERMANENT FLOWAGE EASEMENT WHEREAS, The City of Iowa City, Iowa, has previously ob- tained a permanent flowage easement for flood control purposes, and acquired certain flowage easement rights over real property belonging to Plum Grove Acres, Inc., which easement, is shown by. the Permanent Flowage Easement and Temporary Flowage Easement Agreement dated July 12, 1982 and recorded July 14, 1982 in Book 624, page 6, Records of Johnson County, Iowa; and WHEREAS, at the time that said permanent flowage easement was obtained, it was understood by both parties to the agree- ment that a portion of said permanent easement area was to be occupied by fill materials placed to provide First .Avenue a crossing over the Northeast Branch of Ralston Creek; and WHEREAS, the alignment of First Avenue was shifted wester- ly from the alignment proposed for First Avenue at the time that said permanent flowage easement was obtained from the Plum Grove Acres, Inc. thus negating the intended use for a portion of said permanent flowage easement. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: THE UNDERSIGNED, City of Iowa City, Iowa, hereinafter called the City, hereby agrees to release and quit claim to Plum Grove Acres, Inc. that portion of the permanent flowage easement over Plum Grove Acres, Inc. real property in Johnson County, Iowa City, Iowa, which is described in Exhibit "A" attached hereto and incorporated by reference herein, all in consideration for the terms and conditions contained herein: A. Removal and Relocation of Dirt. 1. Plum Grove Acres, Inc. agrees to remove sufficient fill from the remainder of the permanent flowage easement to provide compensating storage volume for the volume displaced when the area described in Ex- hibit "A" is filled with dirt to elevation 701 m. s. 1. 2. Subsequent to said removal and relocation of fill, Plum Grove Acres, Inc. agrees to grade and seed the permanent flowage easement area and to provide for gradual and uniform slope to Ralston Creek channel, said slope having a ratio no greater than 4:1. B. General. Plum Grove Acres, Inc. shall retain all rights to the use of the above-described real property for any law- ful purpose. The restrictions imposed on the above- described real property as a result of the agreement under which said permanent flowage easement was first obtained shall be declared null and void as to the above-described real estate. The provisions hereof shall be bindinq upon the heirs, successors and assigns of the parties hereto, and the terms and conditions set forth herein shall constitute covenants running with the land. DATED this 9th FOR CITY: n McDonald, Mayor Attest: -2 - day of April, 1985. a ian K. Karr, City Clerk STATE OF IOWA SS: JOHNSON COUNTY FOR PLUM GROVE ACRES, INC.: ruce R. Glasgow, P sident ^� L ee Frank Boyd, Vice Pres dent and Secretary On this day of April, 1985, before me, the under- signed, a Notary Public in and for the State of Iowa, person- ally appeared Bruce R. Glasgow and Frank Boyd, to me personally known, who being by me duly sworn, did sav that they are the President and Vice President and Secretary, respectively, of said corporation executing the within and foregoing instrument; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Bruce R. Glasgow and Frank Boyd, as such officers acknowledged the exe- cution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. LLIS,ntemb OHND.CRUISE MMIOIN4IXBISES STATE OF IOWA SS: JOHNSON COUNTY Qk49 C No ry Publi� and for the tate of Iowa. X On this ?66 day of April, 1985, before me, the under- signed, a Notary Public in and for the State of Iowa, person- ally appeared John McDonald and Marian K. Karr, to me person- ally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal cor- poration executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. w`�� °� DORIS J. DsMARCE p6l """' "j MY COMMISSION EXPIRES Notary Pub c in and for the ia- s State o Iowa. 02/18-01-37 Received 8 Approved By T Legal Dep,•r 'nant SFr di7 Cal SCALE. I"e 100' Nw COR. SEC. 12 -T 79N-12 cow, STy P.M. �50*02'2(0"W 90.00' IZ1 POINT OF BEGINNING 13" W 23'13"E I certify that during the month of October, 1984, at the direction of Bruce Glasgow, a survey was made, under my supervision, of the tract of land patted hereon and the boundaries of said tract are as follows: Commencing at the Northwest Corner of Section 12, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence S0002'26"W, 90.00 feet; Thence N89023113"E, 300.00 feet to the Point of Beginning; Thence N50021136"E, 142.92 feet; Thence N89023113"E, 40.00 feet; Thence S30036147"E, 103.92 feet; Thence S89023113"W, 202.99 feet to the Point of Beginning. Said tract contains 0.251 acres more or less. I further certify that the Plat as shown is a correct representation of the survey and all corners are marked as Indicated. r Robert D. Mickelson seg. No. 7036 Date Subscribed and swo n to before me this AL day lalf 19 9 . Note ryPublic, in and Por thotate of Iowa lueste0 By viBRUCE GLASNolasr GOW `"" ""` PLUM GROVE ACRES, INC. Skpel VACA-TPPERMANENT dSTO@MWA.TER STORAGE EA Tllle MYN�SULTAPK 11 Protect A,PORTION OF TLJE NW I/¢, SEC. 17--T79N-PGW IOWA CITY, IOWA IN Title Cr T"E 9Tu R M. n JWO CekCM$ jApp I I F. It. I scale 1" a 100' Dote 10.19.$4 Bev EXHIBIT "A" LEGEND 6 Governmeo Corner • Properly Corner Found o y/8", 30" Iron Pin with L S Cap Set —r—Existing Fence 101-092 RESOLUTION NO. 85-85 RESOLUTION ADOPTING THE URBAN ENVIRONMENT POLICIES AS AN ADDENDUM TO THE 1983 COMPREHENSIVE PLAN UPDATE. WHEREAS, the Iowa City 1983 Comprehensive Plan Update is a statement of the goals and policies of the community; and WHEREAS, the City Council directed the Urban Environment Ad Hoc Committee to recommend to the Council policies for protecting fragile areas and historic sites, as well as any other policies relating to the urban environment; and WHEREAS, the Planning and Zoning Commission and the City Council have held public meetings to receive citizen comments on the Urban Environment Policies recommended by the Urban Environment Ad Hoc Committee; and WHEREAS, these bodies have found that the Urban Environment Policies are an addition to the goals and policies of the Comprehensive Plan which reflect the desires of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Urban Environment Policies be adopted as an addendum to the 1983 Comprehensive Plan Update. 2. These policies shall be part of the development policy of the City of Iowa City in the context of the broad goals and objectives of the 1978 Comprehensive Plan and the 1983 Comprehensive Plan Update. It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X Passed and approved this 9th ATTEST: 9(/ 7eAA CITY CLERK NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of April , 1985. Rncehvec9 A Approved -naih11Fent IQ 19 i0 RESOLUTION N0. 85-86 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF BURKLEY SUBDIVISION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA WHEREAS, the owner and proprietor, Dean Oakes, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Burkley Subdivision, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at the Northeast Corner of the Southeast Quarter of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S90000'00"W, 208.30 feet; Thence S01045'11"W, 35.01 feet to a pin found at the intersection of the South line of Kirkwood Avenue, and the East Line of Marcy Street in Iowa City, Iowa, which is the Northwest Corner of Lot 5, all in accordance with a Plat of Survey as Recorded in Plat Book 2, Page 36, Johnson County Recorder's Office, Johnson County, Iowa, said corner of Lot 5 being the Point of Beginning; Thence N90000'00"E, (An Assumed Bearing for the purpose of this Description) along the South Line of said Kirkwood Avenue, 246.01 feet, to the East face of a Brick Column; Thence S1045'11"W, parallel with said Marcy Street, 463.05 feet to a found Pipe; Thence N90000'00"W, 39.34 feet to a found pin; Thence N2024'00"E, 28.95 feet; Thence N90000'00"W, 17.00 feet; Thence N1045'11"E, 120.00 feet; Thence N90000'00"W, 90.00 feet; Thence N1045'11"E, 120.50 feet; Thence N90000'00"W, 100.00 feet to a found Pipe on the East Line of said Marcy Street; Thence N1045'11"E, along the East Line of said Marcy Street, 193.61 feet to the Point of Beginning. Said tract of land contains 1.68 acres more or less, and subject to easements and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plats of said subdivision and have recommended approval of same; and WHEREAS, the preliminary and final plats of said subdivision have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final plats of Burkley Subdivision, a subdivision of the City of Iowa City, is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this Resolution, which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the legal documents and final plat at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. awn It was moved by Ambrisco and seconded by 1 the Resolution be adopted, and upon ro call there were: Zuber AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson X Erdahl McDonald X Strait X Zuber Passed and approved this 9th day of April 1985. ATTEST: Reeehed & Approved 81. Th: Lela! DeV actrtvaat ami It, RESOLUTION NO. 85-87 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE GROUNDWATER CUT-OFF TRENCH, IOWA CITY SANITARY LANDFILL PROJECT AND AAPRIL 30, 1985 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 P.M. on the 30th day of April , 19 85 . Thereafter, the bids wi by the City Engineer or his esignee, and thereupon referred to the Council of the e opened bCity of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of May , 19 85. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X — Dickson X Erdahl X McDonald X —Strait X — Zuber Passed and approved this ATTEST: 9th day of April 19 85. Received a App+ro."so RESOLUTION NO. 85-88 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE OUTFALL RELIEF SEWER SYSTEM REHABILITATION PROJECT AND A rMnnr�r,..n nrnn mi ..... ........ r. ,.... ....... -- ESTABLISHING MUNI OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for of the above-named project shall be in the amount of 5% of bid Treasurer, City of Iowa City, Iowa. the construction _ payable to 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 P.M. on the 30th day of April , 19 85 . Thereafter, the bids wi bye opened by the City Engineer or his esignee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of May , 19 85, It was moved by Strait and seconded by _Ambrisco resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X _ Baker X Dickson X Erdahl X— McDonald X Strait X Zuber that the Passed and approved this 9th day of April 19 85. MAYOR ATTEST:��, , Recehed $ Approved CITY CLERK By Th, L azi Dc-.partrnant na- `!z du a 2.� RESOLUTION NO. 85-89 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE BURLINGTON STREET CONCRETE REPAIR PROJECT AND AUTHORIZING BIDS TO BE RECEIVED CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for of the above-named project shall be in the amount of 10% of bid Treasurer, City of Iowa City, Iowa. the construction payable to 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 30th day of April , 1985 . Thereafter, the bids wig opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 7th day of May , lg 85. It was moved by Strait and seconded by Dickson resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: —T_ Ambrisco - X Baker —X Dickson X Erdahl —X McDonald —X Strait — X Zuber Passed and approved this 9th day of ATTEST: s). e.,—) V CITY CLERK that the Received & Approved By Ilia Legai D�q r0.ment 4/ aa� Res. S5 -9a Please Return To Proceedings to Proceed BELIN, HARRIS, HELMICK, HEARTNEY & TESDELL With Issuance and Sale 20DD Financial Center Des Moines, Iowa 50309 IDR -4051 (Commit) Iowa City, Iowa The City Council of Iowa City, Iowa, met in Reeular session on the 9th day of April 1985, at 7:30 o'clock _P m., at tWie Civic Center , in We 'City pursuant to law and to the rules of said Council. The meeting was called to order and there were present McDonald Mayor, in the Chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, Strait and Zuber Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000 had, as directed by the City Council, been duly given according to law, and that the Council had met at the time designated in the notice, held the hearing and adopted a resolution adjourning to this time the hearing and the decision whether or not to proceed with the issuance and sale of the Bonds. This being the time and place specified in the resolution for the continuation of the hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the adjourned hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents expressed their views as follows: -1- BELIN. HARRIS. HELMICK. HEARTNEY 8 TESDELL. LAWYERS nFC UnIMPc inwn 0:? rZ After all local residents who appeared at the adjourned hearing who desired to express their views for or against the proposal to issue the Bonds, Council Member Zuber introduced a Resolution entitled: Res. 85-90 "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bonds, (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000" and moved its adoption, seconded by Council Member Ambrisco After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait and Zuber Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting Attest: _ (Seal) E' -2- BELIN. HARRIS. HELMICK. HEARTNEY & TESDELL LAWYERS. DES MOINES. IOWA =zap 85-90 RESOLUTION Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code Of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, for an urban renewal area designated as such pursuant to Chapter 403 before July 1, 1979; and WHEREAS, the Issuer had adopted a Neighborhood Redevelopment Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and has designated an area within the Urban Renewal Area as a Chapter 403 area eligible to apply for industrial revenue bonds and in furtherance of its efforts to carry out the Urban Renewal Plan for such area and the Issuer proposes to issue its revenue bonds pursuant to the Act and loan the proceeds thereof to Southgate Development Company, Inc. (the "Company") to finance the renovation and rehabilitation of the Company's existing 24,500 sq. ft., -four story building located at 325 East Washington and within the Urban Renewal Area for use as office and retail space, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payments and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $1,100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of -and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEJtEAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; . NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- BELIN. HARRIS, HELMICK. HEARTNEY & TESDELL LAWYERS. DES MOINES. IOWA �� 7 Section 1. It is hereby determined that the undertakin of the Project and the financing of the same is consistent with theUrban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section S. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 9th Attest: (Seal) -4- of Anril 1985. SELIN. HARRIS. HELMICK. HEARTNEY A TESDELI. LAWYERS. DES MOINES. IOWA p2a 9 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000. WITNESS my hand and the corporate seal of said City hereto affixed this 9th day of April 1985. (Seal) City Clerk -5- BELIN, HARRIS. HELMICK. HEARTNEY 8 TESDELL LAWYERS DES MOINES IOWA 020? / 1�1 0 RESOLUTION NO. 85-91 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE WILLOWCREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR IMPROVING HANDICAPPED ACCESSIBILITY TO THE WILLOWCREEK NEIGHBORHOOD CENTER. WHEREAS, the City of Iowa City is the recipient of funds granted by the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (P.L. 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist the Willowcreek Neighborhood Center, Inc., in improving the neighborhood center's accessibility for handicapped persons; and WHEREAS, Mark IV ,Apartment Associates, owners of the property where the Willowcreek Neighborhood Center is located, have agreed to provide the space for the neighborhood center through June 30, 1988, and have agreed to the improvements to the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Willowcreek Neighborhood Center, Inc., to use 1985 CDBG funds for improving the handicapped accessibility to the Willowcreek Neighborhood Center. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of Aoril , 1985. ATTEST: Recolved S ,Approe ed SY T FCxa, nP ,V.;3 n 3-' RESOLUTION NO. 85-92 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE FY86 APPLICATION FOR IOWA DOT STATE TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, the City wishes to continue its current level of transit service, and WHEREAS, the State of Iowa Department of Transportation offers capital and operating assistance to local governmental units for their public trans- portation systems, and WHEREAS, State Transit Assistance is being applied for in the amount of $85,134. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA that the Mayor be directed to sign and the City Clerk to attest the FY86 applica- tion for Iowa DOT State Transit Assistance. It was moved by Zuber and seconded by the Resolution be adopted, and upon roll call there were: Strait AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of April , 1985. ATTEST:240ZR`�&' CIT CLERK . 4 :`Nati •�... RESOLUTION NO. 85-93 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN EIGHTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. WHEREAS, it is in the public interest to provide transit services to Iowa City residents who have special transit needs due to age or handicap, and WHEREAS, the Johnson County SEATS program is designed to provide special elderly and handicapped transit services, and WHEREAS, Iowa City and Johnson County have entered into a 28E Agreement for purposes of providing such services, which Agreement has been recorded in the Johnson County Recorder's Office, and WHEREAS, an Eight Renewal Agreement has now been negotiated by said parties in order to continue said delivery of special transit services to Iowa City resi- dents, and a copy of said Agreement is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said Renewal Agreement. 2. That the City Clerk is directed to file said Renewal Agreement with the Secretary of State and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Ambrisco and seconded by the Resolution be adopted, and upon roll call there were: Zuber AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of April , 1985. YOR ATTEST: CITY CLERK Rece:t d 6 4 By p; MPreve�f v 3 ir� aaa EIGHTH RENEWAL OF 28E AGREEMENT FOR TRANSIT SERVICES This renewal agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. Whereas, the parties hereto wish to renew their agreement for transit services which is recorded in Book 501 at page 303 in the Office of the Johnson County Recorder: Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: I. The eighth renewal term of the 28E agreement referred to above, as amended, shall commence July 1, 1985, and continue for one year through and including June 30, 1986. 2. The County shall continue to operate the service within the corporate limits of Iowa City from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m, to 2:00 p.m., Saturday and Sunday except for holidays established by the Johnson County Board of Supervisors. All specific operational decisions shall be made by the Board of Supervi- sors and the SEATS Manager to maximize responsiveness to demand and productivity. 3. The County shall continue to request a donation. All such donations will be retained by the County to help defray operating costs. The average donation per passenger in FY86 will be subtracted from the estimated average cost per passenger in FY87 to establish a basis for payment by the City to the County in FY87. During FY86 the County eR 3 -2 - shall provide the City with daily data sheets which include the origin, destination, and time for each Iowa City trip, and a total of Iowa City donations for each day. 4. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein provided, the City of Iowa City agrees to pay to Johnson County $2.93 per one-way trip for each Iowa City passenger carried, this amount being SEATS' estimated FY86 average cost per trip minus the FY85 average donation per trip. The total funding for this service during FY86 shall not exceed $78,000. 5. The City agrees in FY86 to provide indoor storage of 11 SEATS vans at the Iowa City Transit garage. SEATS personnel will have access to vans parked at the Iowa City Transit garage during Iowa City Transit's regular hours of operation. Iowa City Transit personnel shall be permitted to move SEATS vans which are parked at the transit facility, if needed. This section of the agreement will be void if fleet expansion by Iowa City Transit utilizes all available vehicle storage space. 6. The City shall make its fueling facility available to SEATS. The City shall determine the specific scheduling arrangements for this service. The County agrees to pay fuel costs based upon the invoice cost to the City. The City shall invoice monthly providing itemized fuel usage by vehicle. Payment shall be made by the County within 30 days from date of invoice. The City shall not be liable for delay in fuel shipments, supplying fuel during periods of equipment malfunction or fuel shortages. -3- 7. The County shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all claims, suits, liabilities, judgments, costs or expenses, which may in any way be made or claimed against the City in consequence of this agreement. The County shall, at its own expense, provide insurance protection with respect to this indemnification agreement. 8. In all other respects the original agreement, as amended, between the parties remains in full force and effect. 9. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 18th day of April 1985. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA BY)hn By: AMcDo ald, Mayor Dennis Lar energ, hairpe son Board of Supervis rs 12 ATTEST: A /lnl�_ ATTEST: City ClerkCounty Audi or Rseelved $ Appmved y Tr^ i.cr•7 E)e'mrtment RESOLUTION NO. 85-94 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANSEN LIND MEYER, PC, FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DUBUQUE STREET PARKING RAMP EXPANSION WHEREAS, the City of Iowa City, Iowa, has negotiated an Agreement with Hansen Lind Me er P.C. a copy of said Agreement being attached to this Reso ution an by t is reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said —Agreement with & uen Lind Mev r P.C.for architectural nd ngine rind services for the Dubuque Street Parking Ramp Expansion Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Hansen Lind Meyer, P.C. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved byAmhrisro and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of April 19 85 MAYOR ATTEST: hlaL , . D 9V. 2 La ) CITY CLERK >caive;l & A.ppreven gy TIh= Le931 De arl "J PROJECT � d� Amendment to Contract Dated May 8, 1984 Between the City of Iowa City and Hansen Lind Meyer, P.C. The following shall be added to the contract: Article XII a. Scope of Services The consultant will provide the services described under Phase B, C, D, E & F in the basic contract for the addition of two upper parking levels to the existing Dubuque Street ramp (Ramp B), including the extension of the elevators and stairs. b. Time of Completion 365 days from the date of this amendment for Phase F services. 90 days from the date of this amendment for B, C & D services. c. Compensation 1. A lump sum fee of $63,200. 2. Reimbursable expenses as defined in Article III k. d. Payment Schedule 1. Payment for these services and expenses will be due and payable monthly not to exceed the amounts set forth in the contract. In witness whereof, the parties hereby have executed this Amendment to the agreement dated May 8, 1984, in triplicate originals, on this date, the 9th day of April , 1985. FOR THE CITY FOR HANSEN LIND MEYER, P.C. llu� Nayor P incipa ATTEST Citk Clerk ^.ec:;iv^d F, Approved E'• itr L:ag:i L'epa m•nt a� 0737 V RESOLUTION NO. 85-95 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF KIRKWOOD CIRCLE IMPROVEMENTS PROJECT WHEREAS, M. J has submitted the e above-named project. of Burlington Iowa Ar the construction 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 M. J. Dalv Construction Co Inc of Burlington Iowa subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Erdahl and seconded by Ambrisco the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X -- Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 9th day of April ATTEST: CITY CLERK 19 85. that & pC� ahs c✓�uo a� pe L ti %,e0 .,r CIV RESOLUTION NO. 85-96 RESOLUTION ADOPTING THE ANNUAL BUDGET, FY86, ENDING JUNE 30, 1986, FOR PUBLIC HOUSING PROJECT IA -022003 & IA05PO22004 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166, for Project IA022003 and IA05PO22004, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The Budget for the referenced projects as shown on the attached forms be adopted. 2. The proposed expenditures are necessary in the efficient and economical operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expendi- tures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. 4. All proposed rental charges and expenditures will be consistent with provi- sions of law and the annual contributions contract. 5. The Iowa City Housing authority is in compliance with Section 207(a) of the Annual Contributions Contract, which states in part that the Housing Authority is reexamining the incomes of families living in the project at least once a year. It was moved by Zuber - and seconded by the Resolution be adopted, and upon roll call there were: AYES Passed and approved this ATTEST: NAYS: ABSENT: Erdahl Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 9th day Rf April , 1985. a.�9 HUD -5256. January 1972 Form Approved OMB No. 63-RO808 Paas 1 of 2 HE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELORMENT TYPE OF HUD -ASSISTED PROJECT(S): LOW -RENT HOUSING PROGRAM OPERATING BUDGET LMA -Owned Rental Housing .............. IZI LHA-Lensed Housing -Section 23 or 10(c) ..... p For Fiscal Year Ending June 30 i9 86 LHA-Owned-Homeownership ............. Q ® ORIGINAL Q REVISION NO. LHA-Leased-Homeownership............. LHA-Conveyed Project-Administratlon Contract. NAME OF LOCAL AUTHORITY, Iowa City Housing Authority CONTRACT NO.191, Civic Center -410 E. Washington St., Iowa City IA 52240 KC9166 PROJECT NO.(S): IA022003 & IA05PO22004 LOCALITY: Iowa City, Johnson County, Iowa NO. OF D.U. 52 NO. OF UNIT MONTHS OF AVAILABILITY: 624 HUD AREA OFFICE: HUD REGIONAL OFFICE: ACTUALS ESTINIATa REQUESTED BUDGET ESTIMATES LAST MR FISCAL YEAR CURRENT LHA ESTIMATES HUD MODIFICATIONS Des Moines Kansas City 6/30/8z BUDGET YEAR Ig� 1985 AMOUNT AMOUNT LINE NO. 11I PUM PUM PUM (To Nearest 4t 0J PUM To Nearest Jl O, Homebuyers Monthly Payments For: (2) 1 (3) (4) (5) IB) (7) 001 Operating Expenses 002 Earned Home Payments Account 003 Nonroutine Maintenance Reserve 004 Total Break -Even Amount(Swr of Lines 001, 002, 6 003 005 Excess ( or Deficit) in Break -Even Amount 006 Homebuyers Monthly Payments (Control OPERATING RECEIPTS: 010 Dwelling Rentals 020 = N a Excess Utilities 030 H ¢ V a Nondwelling Rentals Total Rental Income Interest an Fund Inrostments Other Operating Receipts 142.97 9.20 1.20 149.7 142.60 10.21 7.85 .80 9II0 4,900 5DD 040 aso 060 090 TOTAL OPERATING RECEIPTS EXCLUDING HUD CONTRIB. 3 PERATING EXPENDITURES: ADMINISTRATION: 110 Salaries 920 120 Administration Expenses Other Than Salaries 9.45 10.3 11.57 ] 220 190 Total Administration Expenses I TENANT SERVICES: 210 Salaries 220 Recreation, Publications and Other Services 230 Contract Costs - Training and Other 290 Total Tenant Services Expenses UTILITIES: 310 u, Labor 320 utiiitiee 3.17 7.69 7.69 4,800 390 Fes„ Total Utilities Expenses 3.1] 7.69 7.6 ,8 = aJ ORDINARY MAINTENANCE AND OPERATION: 410 z Lobar 4 24.20 15 100 420 XM x F Materials 2.48 10.41 2 6 000 430 v ? O Contract Costs Total Ordinary Maintenance and Operation Expenses 4 07 14-74 D 450 H t PROTECTIVE SERVICES: 460 W Labor 470 Oa Materials 480 Contract Costs 490 Total Protective Services Expenses GENERAL EXPENSES. 510 Insurance ___ 2,800 520 Payments in Lieu of Taxes 13.98 14.21 12.82 8 0 0 530 Terminal Leave Payments __- 1.79 1.6 1 DDO 540 Employee Benefit Contributions Collection Laee.p 6. D7 --- 8.46 1.44 .8 50 ssD 560 Other General Expenses 590 Total General Expenses 6.45 32.2 20 100 600 TOTAL ROUTINE EXPENSES 9 340 610 'RENTS TO OWNERS OFLEASED DWELLINGS 690 TOTAL OPERATING EXPENSES NONROUTINE EXPENDITURES: 710 to Z Extraordinar Maintenance 720 R• lacement of Equipment 2 79 730 K Betterments and Additions 13. 25 740 G Other Nonroutine Expenditures 790 z TOTAL NONROUTINE EXPENDITURES 11 11 HE HUD -52564 Jenvary 1972 Pace 2 of 2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW -RENT HOUSING PROGRAM OPERATING BUDGET For Fiscal Year EndingLOCALITYI June 30 19 86 ®ORIGINAL QREVISION NO. NAME OF LOCAL AUTHORITY: Iowa City Housing Authority - Iowa City, Johnson County, Iowa CONTRACT NO. ACTUALS LAST FISCAL 61jM78i IS 84 PUM ESTIMATIM Da XOMXOU CURRENT BUDGET YEAR Ig$,_ PUM REQUESTED BUDGET ESTIMATES PROJECT NOAS)t IA022003 & IA05PO22004 LMA ESTIMATES HUD MODIFICATIONS TYPE OF HUD -ASSISTED PR OJEG TIS): LHA-Owned-Rental Housing ® LHA-Leased-Homeown.rs hip Q LHA-Lea.ed-Section 23 or 10(c) Q LHA.Conveyed Project LHA-Owned-Ham.ownership 0 Administration Contract Q AMOUNT PUM (T.N..... f S10) PUM AMOUNT (T.N.erat710 LINE NO. (I) (2) 1 (3) 1 (4) 1 (S) (6) (7) 810 OTHER EXPENDITURES: Prior Year Ad'ustments 820 Other Deductions 830 Total Other Expenditures 890 TOTAL OPERATING EXPENDITURES 90.59 128.75 143.1 89,340 900 RESIDUAL RECEIPTS (OR DEFICIT) BEFORE HUD CONTRIBU- TIONS AND PROVISION FOR OPERATING RESERVE: 5,040 910 Basic Annual Contribution (Leased Project) 920 RESIDUAL RECEIPTS (OR DEFICIT) BEFORE OTHER HUD CON- TRIBUTIONS AND PROVISION FOR OPERATING RESERVE: 5,040 OTHER HUD CONTRIBUTIONS Operating Subsidy d95 Special Family Subsidy Total Other HUD Contributions - 970 Residual Receipts (or Deficit) before Reserve nan 980 Provision for Operating Reserve 990 Residual Riceipts (or Deficit) OPERATING RESERVES FOR A CONTRACTOR PROJECT LINE NO. Part I -Maximum Operating Reserve - End of Current Budget Year SECTION A - LHA-OWNED RENTAL HOUSING $ 01 One-half (50%) of Line 600 -Column 5 -Form HUD -52564 for a Contract SECTION B - LHA-LEASED HOUSING - SECTION 23 OR 10(C) S 02 One-half (507) of Line 600 -Column 5- Form HUD -52564 for a Project SECTION C - LHA-OWNED OR LEASED HOUSING - HOMEOWNERSHIP 03 One-half (50%) of Line 600 -Column 5- Form HUD -52564 for a Pro'ect 04 One-third (33-1/3%) of Line 004 -Column 5- Form HUD -52564 for a Proiect Total (Sum of Lines 03 and 04) Part II - Provision for and Estimated or Actual Operating Reserves at Year End 06 Reserve at End of Previous Fiscal Year - Actual 529,850 07 Provision for Reserve - Currant Budget Year - Estimated ii)Wrc) M 3,380 08 Reserve at End of Current Budget Year- Estimated O(XVOM 33,230 09 Provision for Reserve - Requested Budget Year- Estimated 5,040 10 Reserve at End of Req u red Budget Year - Estimated 38,270 LHA APPROV J L oordinator (Name and rill.) (Sign.Av.) (Det.) AREA OFFICE APPROVAL (N.m. and Tl(l.) (Sign.(...) (Det.) 11241 s� MUD 51 -al (Pegs 1 el q FeMear, 1967 (Formerly PMA -2577• Operating Budget Summary of Budget Dote and Justifications F win Approved evilest avis.. No. 67-RpgOS Iowa City _Housing Authority _ _ a__ _ Fiscal Yost ending June 30 , 1986 __. _ Nome of Local Housing Authority - - - - - -- - ---- -_-� Lersllly Operating Receipts Dwelling Rental Explain basis for estimate For HUD-oided low -rent housing, other than Section 23 Leased housing, stale amount of latest oa .,Iable total LHA monthly cent roll, the number of dwelling units available for occupancy and the number accepted lar the mama month and. Cite LHA policy revisions and economic and other factors which may result in a greater or loan average monthly rant roll during the Request. ed Budget Year. For Section 27 Loosed housing, stale the number of units under lease, the PUM lease price, and whether er not the coat of utilities is included. II not included, explain method for payment at utility costs by LHA and/or tonant. Average rent during March, 1985, was $157.05 per unit. A turnover on three units will occur in April. The three vacating tenants paid $623 per month in rent while the three new tenants will pay only $42.00 - a loss of $581 per month in rental income. Current HUD regulations require offering units to only very low income families and charging 30% of income for rent. The high rent paying tenants are moving out. A cap rent must be adopted. Because of these two factors an average rent of $147.00 and 97% occupancy was utilized to project total income. 147 x 12 x 52 x .97 = 88,980 Excess Utilities: (NOT for Section 23 Loosed housing.) Check appropriate spaces in item 1, and explain "Other". Under item 2, explain basis for determining excess utility consumption. For example: Gas; individual check motors of OH -100.1, proration of escass over allowances at OH -100.2, ate. Cita affective data of present utility allowances. Explain anticipated changes in allowances an other factors which will cause a significant change in the total amount of excess utility charges during the Requested Budget Year. 1. Utility Services Surcharged: Gas❑ Electricity❑ Other❑ (specify) 2. Comments: All utilities to the dwelling units are separately metered and costs incurred are paid by the occupant. Utility allowances are currently under review and a decision as to whether or not they will be changed will be held until the Fair Market Rent schedules are released. The PHA is attempting to maintain some consistency between Section 8 and Public Housing. The Authority will incur utility expens'as for administrative offices, security lights, irrigation, maintenance building and during periods when a unit may be vacant. Nondwelling Rani. (NOT for Section 23 Loosed housing.) Complete Item 1, specifying each space rented, to whom, and the rental terms. For example: Community Building Space - Nursery School - $50 per month, etc. Cite changes antfcipatod during the Requested Budget Year affecting estimated Non -dwelling Rental Income. Space Ranted N/A 2. Comments: To Whom Rental Terms Contribution for the Elderly and Displaced: (NOT for Section 23 Loosed housing.) Generally, show only an estimate of Contribution for the Elderly on Farm HUD -52561, computed according to the formula shown bale.. The sum of the least of lines 2, 1, or 5 for each contract in the amount of the estimated contribution. N/A The additional subsidy for ranoiderly families displaced from public housing and urban renewal sitss an or after January 27, 1961, in avail- able only wban the average rents to be charged such families are less than the average rents b be charged other nsrrelderly families. If it Ir - necessary to consider the availability of this subsidy, it will be necessary to slaw that the average per dwelling pre month amount of such subsidy for dwellings to be occupied by such displaced families does not exceed $10 or the difference ;n average rents, whichever is smaller. In such cess provide ;n on attachment details of the computation for the estimate of this subsidy included in the amount shown on HUD -52561 1. Contract Numis r 2. Estimated Deficit in Normal Operating Reserve at and of Currant Budget Year $ f S 3. Estimated percent of occupied smile at and of Currant Budget Year to be Occupied by Elderly Families _ _- If 1< >< 1. Estimated amount of deficit attributable to Elderly Families " line 2 multiplied by Tina 3 S $ S 5. Estimated number of Elderly Families In occupancy of and of Current Bud9e4 Year multiplied by $120. S $ S MUD -52373e5 , ��nt_Y H00.5 S13 :Pate 7 at tl F.M..a,r 1967 (Fm,na,ly PNA.7573) _Iowa Ci Nnma of =,,,,t Aud,•,i Operating Budget Summery of Budget Date and Justifications Authori June 30 19 86 operating Eapn,ditwas (CantlnuaQ GapSummary of Stalling and Salary Date (continued): Specify all proposed now positions and all present positions to be aIto ,std in the Rgwefed wi Yea/. C,ie prior pncurrenci in proposd staffing charges or prssant justification for such changes. Cite prior HUD cenewrence in proposed salary increases for Administration Staff as give justification and pertinent comparability information. Cite effective data For cur. rent approved wage rates (Fore H11D-52150) and justify all deviations fres these robs, The Iowa City Housing Authority administers 448 units of Section 8 Existing and 52 units Public Housing. The administrative staff of -6 and maintenance staff of 1 is authorized by City Council resolutions #84-286 and 85-66. This same staff provides support for the Housing Commission, performs other studies as necessary and provides the staff support required to obtain additional units. Current staff and projected percentages follow: Trav1Publications, M•mb•,ehip Dues and Fees, Telephone and T•I•aroph, and Sur,drr: In addition "Jwtilitien far Travel to Conventions and Meetings" shown en Fors HUb w D-57571, give an *.planation of substantial Requested Budget Year estimated increases over the PUM rate of expenditures for those accounts in the Current Budget Year. Explain basis for allocation of each dement of these expenses. Travel costs incurred will be pro -rated between the two programs administering 20% Public Housing and 80A Section 8. lite iiH•s: Gill an explanation of substantial Requested Budget Year estimated increases aur the PUM rata of •xp•rditures her each at service in the Current Budget Year. Describe and store estimated cost of each element of "Other Utilities Exaonse." Ordinary Maintenance, d Operation . Materials: Give an explanation of substantial Roquested Budget Year es ti mored increases over the PUM rare of pope ifuru far meteriWls in tlu Current Budget Year. No substantial increase. Units are getting older and will require more materials/labor for upkeep. 0_dinory Mointanonce 6 Operation - Connect Costs: List each ordinary mointenanco orad operation sarric• eonlreeted for and give the esti- maMd con7es aver,. Cita one to off y now connect services proposed lot the Requested Budget Year. Explain substantial Requested Budget Year increases cases over the PUM rete p expenditures, for Contract Services in the Current Budget Year. If LHA has contract for maintenance of elevator cab., give eonenef test poor cab. Contract costs include pest control - $1,500; office rental - $1,500; contract - $20; interior paint contract to be negotiated - $3,000; and $3,180 will be available for maintenance tasks beyond the capability o maintenance personnel and will'be contracted for on an as -needed per j 10 typewriter repair the remaining f current ob basis. HUD -57577 07 %Public Housing % Section 8 1 Housing Coordinator 20 80 1 Housing Management Aide 20 80 1 Clerk Typist 20 80 3 Housing Specialists (20% each) 60 240 1 Maintenance Worker I 100 1 Attorney, Assistant City 2 hr./mo. 4 hr./mo. Trav1Publications, M•mb•,ehip Dues and Fees, Telephone and T•I•aroph, and Sur,drr: In addition "Jwtilitien far Travel to Conventions and Meetings" shown en Fors HUb w D-57571, give an *.planation of substantial Requested Budget Year estimated increases over the PUM rate of expenditures for those accounts in the Current Budget Year. Explain basis for allocation of each dement of these expenses. Travel costs incurred will be pro -rated between the two programs administering 20% Public Housing and 80A Section 8. lite iiH•s: Gill an explanation of substantial Requested Budget Year estimated increases aur the PUM rata of •xp•rditures her each at service in the Current Budget Year. Describe and store estimated cost of each element of "Other Utilities Exaonse." Ordinary Maintenance, d Operation . Materials: Give an explanation of substantial Roquested Budget Year es ti mored increases over the PUM rare of pope ifuru far meteriWls in tlu Current Budget Year. No substantial increase. Units are getting older and will require more materials/labor for upkeep. 0_dinory Mointanonce 6 Operation - Connect Costs: List each ordinary mointenanco orad operation sarric• eonlreeted for and give the esti- maMd con7es aver,. Cita one to off y now connect services proposed lot the Requested Budget Year. Explain substantial Requested Budget Year increases cases over the PUM rete p expenditures, for Contract Services in the Current Budget Year. If LHA has contract for maintenance of elevator cab., give eonenef test poor cab. Contract costs include pest control - $1,500; office rental - $1,500; contract - $20; interior paint contract to be negotiated - $3,000; and $3,180 will be available for maintenance tasks beyond the capability o maintenance personnel and will'be contracted for on an as -needed per j 10 typewriter repair the remaining f current ob basis. HUD -57577 07 MUD•S7S" aan Aaa,e.ad No" of Local Hwang Arew�rt este Tee, se A.."mI"? operetingBudget Oeleete.9eovMe. /7•Re1118 Iowa City HousingAuthority. June 30, 1986 ffemwo It PI" 77"1 Schedule of All ►osiNon! and Sdorle! LeA.Wa Y I Iowa City Iowa 52240 P.eeasr RgwaM 80400 tear Allegation a1 SeNtlaa 1r O ege= so" ►esiriew Title RestAs of Air lerh.onl _ a Persist NUO.AI/d prem aeew,ger.wl Voir eat R,,,,g riew 3 20/851 Ra,a Needs Aw.r Wseearear ea.Neereal Oregreae id,d N At "N1af1 1 Maintenance Worker I M 13,214 L5,057 12 15,057 100% 0 0 Increased to full time per 15,057 Resolution # 85-66. 1 Attorney Fees 0 4,000 4,500 12 4,500 33% 67% 2 hours per month Public Housing (show on Line 1 of 52571 and do not 1,500 3,000 4.5 hours per month Section 8 count as administrative salary) ,759 1154,1571 12 1154,157 , (annual)(annual) annual) . (4;434 ea.) 1 Housing Coordinator -NT 31,096 32,340 12 32,340 20% 0 80% Percentage of time (20%) 80% ea.) Percentage of time 6,468 25,872 1 Housing Management Aide A -NT 19,260 20,030 12 20,030 20% 0 80% Percentage of time 4006 16,024 1 Clerk Typist - Leased Housing A -NT 15,104 L5,730 12 15,730 20% 0 80% Percentage of time 3,146 12,584 3 Housing Specialists . A -NT 65,085 66,500 12 66 500 13 302 0 53 198 The art -time s .,4!il4 td t 1 Maintenance Worker I M 13,214 L5,057 12 15,057 100% 0 0 Increased to full time per 15,057 Resolution # 85-66. 1 Attorney Fees 0 4,000 4,500 12 4,500 33% 67% 2 hours per month Public Housing (show on Line 1 of 52571 and do not 1,500 3,000 4.5 hours per month Section 8 count as administrative salary) ,759 1154,1571 12 1154,157 , (annual)(annual) annual) . (4;434 ea.) (17,732 V 11 s increase o full time as per Resolution #84-286 (21,695) 22,166) 22,166) (20%) 80% ea.) Percentage of time 1 Maintenance Worker I M 13,214 L5,057 12 15,057 100% 0 0 Increased to full time per 15,057 Resolution # 85-66. 1 Attorney Fees 0 4,000 4,500 12 4,500 33% 67% 2 hours per month Public Housing (show on Line 1 of 52571 and do not 1,500 3,000 4.5 hours per month Section 8 count as administrative salary) ,759 1154,1571 12 1154,157 , MUD-32371 D"eob.r 1067 ►w. Assre.ed tb.o of Local AaAerir7. (►or,.er17 PHA-23711 Lw•Reas Public Neaehte Mr w+w Ne. 6S•ROm Iowa City Housing Authority OPnsting Budget u••lla ►local Your and Schedule of AJW*19lntlaR EapRoe Odin Th" Well&$ Iowa City, Iowa 1986 p at T St bibetloRbe Program Description T?4*41NUD.AUad Program ** Reelected '�edM Dcw4rww programs 1 Local Ea nu Som Special Note in lnstr c"11 sl 4.5001 I Trawl 14% Penn Trips to Cri.entloeo and Msarlga, Aareaere ' Orsisstien and Location csrrr St.11 Dore of ravel Travel See below 3 6 Total Trsval To Con.ontlons and biamialm 2 500 500 2,000 Other LMA TreNl, 7 Oabido Area a1 LMA Jurisdiction Within Area of LMA JurlsdlcMsR Total Otho LMA Travel 10 Total Tre.el 5 2.() 00 11 Publications SOL) 407- 12 and Feea 00 1 17 Telephone and Tds boon and Talaen h � 0 Telegraph 400 Sundry: � 14 Rental of OIMN Spa" 7,500 1,500 6,000 IS collection Agent Fees and Court Cads Id Accownfing end Auditin Fens 480 17 Fsitsc statioriery and 011ier Supplies 3-qno 700 2,800 12 A:1 Other Sun Ea ni U Total Sundry inn 4--42n 17-fiRn 70 Total ALalwla22 notiow se 0" Than Solodea 11 1 • Jaatilloolm of Travel ti comwe"hwa and 6loothop "Section 8 Existing This represents the travel budget for the Division. Total costs will be shared as follows: 20% Public Housing 80% Section 8. MUD-52S71 ,;;,C q.T RESOLUTION NO. 85-97 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: Hilltop Tavern, 1100 N. Dodge St. It was moved by Ambrisco and seconded by Zuber that the Resolution as read be adopted, and upon roll call there were: AYES: Ambrisco X Raker X Dickson Erdahl McDonald X Strait X Zuber X NAYS: ABSENT: X X 19 85 Passed and approved this 23rd day of Anril Attest:�4 City Clerk o7L/� RESOLUTION NO. 85-98 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CLINTON STREET IIAPROVII�NTS PROJECT DIRECT NG C TY CLERK TO PUBLISH NOT C F D H R NG, D D RECT NG 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 7th day of May 19 85 Chambers, Civic Center, Iowa City, Iowa. —' at 7:30 p.m. in the Council 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 city, not less than four (4) nor more than twenty (20) days before said newspaper published at least once weekly and having a general circulation in the hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Zuber resolution as read be—ad—opted. and upon roll call there were: AYES: NAYS: ABSENT: X — Ambrisco X — Baker E Dickson E Erdahl X McDonald X Strait X tuber Passed and approved this 23rd day of April 19 85 , ATTEST: �� J C CLETf— RK that the Received $ Approved BY TAe L -Gal D partment RESOLUTION NO. 85-99 RESOLUTION RESCINDING THE MORATORIUM POLICY FOR EAST AND NORTHEAST IOWA CITY ADOPTED BY RESOLUTION 83-187 AND AMENDED BY RESOLUTIONS 83-409 AND 84-96. WHEREAS, the City Council of the City of Iowa City established by Resolu- tion 83-187 and amended by Resolution 83-409 a development policy in East and Northeast Iowa City to limit development in those areas pending resolution of sewage treatment and collection problems; and WHEREAS, the City Council established by Resolution 84-96 a commitment to rescind said policy no later than May 1, 1985; and WHEREAS, the City Council has resolved to eliminate the sewage treatment and collection problems which precipitated the development policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the development policy for the East and Northeast portions of Iowa City established by Resolution 83-187 and amended by Resolution 83-409 be rescinded. It was moved by Ambrisco and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Zuber X Ambrisco X Baker X Dickson Erdahl McDonald Strait x Zuber Passed and approved this Z3rd day of April 1985. ATTEST: Reoehred Al Approved By The legal Depaftwnt 5�/i 8�kr RESOLUTION N0, 8s-100 RESOLUTION APPROVING PLANS, SPECIFICATIONS. FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE COURT IMPROVEMENTS pROTECf, ST BL SHI NG floufl"0 D CU I 0COMP NY EACH I D R CTING C Y OF BIDS.S. CLERK PUBLISH NOTICE TO BIDDERS. AND FIXING TIME AND PLACE FOR RECEIPT WHEREAS, notice of public hearing on the plans, specifications, form of contract. and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper Published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center. until 10:30 a.m. on the 14th day of May , 19 85. Thereafter, the bids wi bell opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 21st day of May 1 19 85. It was moved by Zuber and seconded by _Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker �— Dickson X Erdahl X McDonald X — Strait X -- Zuber Par--" -- __ , ATTEST: C V9 RESOLUTION NO. 8S-101 RESOLUTION AUTHORIZING THE PUBLICATION OF A REQUEST FOR PUBLIC HEARING NOTICE ON THE CITY OF IOWA CITY'S FY85 UMTA SECTION 9 TRANSIT OPERATING ASSISTANCE GRANT APPLICATION. WHEREAS, the City of Iowa City intends to file an FY85 application with the U.S. Department of Transportation for UMTA Secl;ion 9 transit operating assistance in the amount of $119,467, and WHEREAS, interested citizens should be provided an opportunity to review and comment on this application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Clerk is hereby authorized and directed to publish a Request for Public Hearing notice in a newspaper, published at least once weekly and having general circulation in the City. 2. That the Transportation Planning Division is hereby authorized and directed to place on file for public inspection the City of Iowa City's application for UMTA Section 9 transit operating assistance funds. It was moved by Zuber and seconded by _ the Resolution be adopted, and upon roll call there were: Strait AYES: NAYS: ABSENT: X Ambrisco X Baker �- Dickson X Erdahl X McDonald X Strait x Zuber Passed and approved this 23rd day of Avril 1985. AYOR ATTEST: -' -e C LERK Recefved & Approved Legal Dep rhnent _y Nd" d?SO RESOLUTION NO. 85-102 RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN APPLICA- TION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT OPERATING ASSISTANCE FUNDING, AND DESIGNAT- ING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. WHEREAS, the City of Iowa City has a municipal transit system; and WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of Section 9 applications for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with Section 9 projects, and that definitive procedures shall be established and admini- stered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction con- tracts, supplies, equipment cuntracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1. That the City Manager of Iowa City is authorized to execute and file an application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in the financing of transit operations pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. 2. That the City Manager of Iowa City is authorized to execute and file with said application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the City Manager of Iowa City is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application. 4. That the City Manager of Iowa City is authorized to set forth and execute affirmative minority business policies in connection with procurement needs. �S/ Page 2 Res. 85 5. That the City Manager of Iowa City is authorized to execute grant agreements on behalf of the City of Iowa City with the U.S. Department of Transportation for aid in the financing of capital and operating projects. It was moved by Strait and seconded by Erdahl that the Resolution be adopted. After discussion the following roll ca—Fl was called: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 23rd day of April 1985. ATTEST: Received lE Approved By The Legal De arhnent !1 r ase RESOLUTION NO. 85-103 RESOLUTION ESTABLISHING A COMMITMENT TO PROVIDE FINANCIAL SUPPORT TO THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS WHEREAS, financial support is necessary to assist the participating members in studies and planning, make recommendations to public agencies, coordinate planning for the various governmental units and provide such services as are agreed to by the Johnson County Council of Governments, herein referred to as "JCCOG," and its members; and WHEREAS, Section 1, Article VII of the Amended Articles of Agreement of the JCCOG requires that member agencies adopt a resolution of financial support, including a commitment to contribute the requested assessment for the two succeeding fiscal years, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the City does hereby agree to provide financial support to the JCCOG for the fiscal years 1986 and 1981 in an amount agreed upon by the JCCOG for its member agencies upon consideration of the fiscal year budgets for each year. It was moved by Erdahl and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: X _ Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 73r)YOR��- dof April 1985. ATTEST: CITY CLERK Received a APProved gYLega( De i� F ►f� of of 613 IV RESOLUTION NO. 85-104 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE JOHNSON COUNTY CITIZEN'S COMMITTEE FOR THE HANDICAPPED TO PREPARE AND PUBLISH AN ACCESSIBILITY GUIDE FOR THE IOWA CITY-CORALVILLE AREA. WHEREAS, the City Council of the City of Iowa City did, by Resolution No. 84-88, dated April 24, 1984, authorize and enter into an agreement with the Johnson County Citizen's Committee for the Handicapped to use Community Development Block Grant funds to prepare and publish an accessibility guide for the Iowa City-Coralville area, and WHEREAS, the Johnson County Citizen's Committee for the Handicapped has requested an extension of said agreement to complete the accessibility guide. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor be authorized to sign and the City Clerk to attest an amend- ment to the agreement with the Johnson County Citizen's Committee for the Handicapped. Said amendment is attached to this resolution and is incorpo- rated herein by this reference. It was moved by Zuber and seconded by Ambrisco the Resolution be a opted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 23rd day of April , 1985. )YTOIR" ATTEST: DjgL� -V..-ea,..j GITT CLERK Retetvod & Approved $y The Legal Depar ment 4 I8 8 ,� Sy AMENDMENT TO AGREEMENT This agreement, entered into this /af day of I;(" 1985, by and between the City of Iowa City, a municipal corporation, (herein referred to as the "City"), and the Johnson County Citizen's Committee for the Handicapped, a private, non-profit corporation (herein referred to as the "Committee"), pertaining to the use of Community Development Block Grant funds to prepare and publish an accessibility guide for the Iowa City-Coralville area. This agreement amends the second paragraph of Section II of the original agreement dated April 24, 1984, as follows: II. SCOPE OF SERVICES: (First paragraph unchanged.) The Committee agrees to fulfill its obligations under this agreement in a timely manner, not to extend beyond July 1, 1985. In witness whereof, the parties hereto have executed this agreement on this 5-!7 day of ),Yx Ea 4, 1985. CT' OF IOWA CITY, IOWA By: yor A EST: 11A . RawlvW & Approved By The Legal Deparhnent 4 le SS JOHNSON COUNTY CITIZEN'S COMMITTEE FOR THE HHpANDICAPPED By : n WLl,G ATTEST: By: `J , c 025 RESOLUTION NO. 85-105 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY MAUDE WALSH. WHEREAS, On March 8, 1977, Maude Walsh executed a promissory note to the City of Iowa City in the amount of $4,485.00 for value received by way of a Housing Rehabilitation Forgivable loan, and WHEREAS, said Promissory Note provided a lien against subject's real prop- erty, and WHEREAS, $4,485.00 of the full amount of said note has been forgiven in full on March 8, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien, whereby the City does release the affected property from an obligation of Maude Walsh to pay to the City the principal amount of $4,485.00. It was moved by Erdahl and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: X X X X X X Passed and approved this 23rd ATTEST: i11lp,�_ CITY CLERK NAYS: ABSENT: Ambrisco Baker X Dickson Erdahl McDonald Strait Zuber day. of April 1985. Received & Approved By The Legal Department �(El _1+i B a S1� RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: Date: April 23, 1985 That the City of Iowa City does hereby release the following described property: Lot Eight (8) in Block Three (3) in Rundell, Johnson County, -Iowa, according to the plat thereof, recorded in Plat Book 1, page 130, plat records of Johnson County, Iowa. from an obligation of Maude Walsh to the City of Iowa City, Iowa, in the principal amount of $4,485.00 represented by a promissory note recorded in the Office of the Johnson County Recorder on March 8, 1977, in Book 480, page 221. This obligation has been forgiven in full. By ATTEST: Yd cz_4,� -k, . _KQl A City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) OF IOWA CITY, IOWA Ftaaelvod & A+ppmved By The Legal Depasm rt On this � day of Qlg� , 1985, before me, the undersigned, a Notary Public in and fovv said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. QJ{C� Notary Public in An or Johnson oun y, owa D003108KU CE t1j!j1SSI0N a64 as7 RESOLUTION NO. 8S-106 RESOLUTION DESIGNATING SMALL-MEARS BUILDING COMPANY AS THE PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL 65-2b IN DOWNTOWN IOWA CITY. WHEREAS, The City of Iowa City, Iowa, acting as the Local Public Agency, entered into a contract for a Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as the City -University Project No. R-14; and WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, trans- ferred Community Development Block Grants to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as the Local Public Agency by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and WHEREAS, the City Council of Iowa City, Iowa, did by Resolution No. 85-26, authorize the solicitation of offers to purchase land for private redevelop- ment for Parcel 65-2b; and WHEREAS, the offer to purchase land for private redevelopment was received and opened by the City of Iowa City on March 4, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Chapter 403 of the 1981 Code of Iowa, Section 570.801(c), Title 24, Part 570, Code of Federal Regulations, and pursuant to the procedures in the Prospectus Parcel 65-2b, the following developer is designated as the preferred developer of Urban Renewal Parcel 65-2b: SMALL-MEARS BUILDING COMPANY. BE IT FURTHER RESOLVED that this designation is subject to the following conditions: 1. The developer shall submit to the City all construction plans as defined in Section 301 of the proposed Contract for Sale of Land for Private Redevelopment. 2. The Contract for Sale of Land for Private Redevelopment shall be executed on or before July 1, 1985. BE IT FURTHER RESOLVED that the City Manager and staff are hereby authorized and directed to carry out land disposition procedures in accordance with Iowa law and as set forth in the Prospectus/Parcel 65-2b. BE IT FURTHER RESOLVED that this designation of the preferred developer does not constitute formal City acceptance of any offer to purchase. iN Resolution No. 8 )6 Page 2 It was moved by Ambrisco and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker �— Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 23rd day of April 1985.� mAYOR ATTEST:o�<< CITY CLERK Reeelved & Approved Ey theel eporhuent g.$f a�S % Res. 85-107 Xewfuttou of (9=raextbntW phereas, Theodore Anderson*! submitted a resignation from the service of the City of Iowa City effective April 26, 1985 and Phereas, the said Theodore Anderson as an employee of the Streets/Sanitation Division has given the City of Iowa City 19 years of dedicated service, from'Octoben 1966and phereas; the City Council wishes to commend the said Theodore Anderson for said service. Xofu Therefore be it Poolbeb by ffiho Vdg (9ounril of 3ofint 9ftg, cldx= 1. That the City Council of Iowa City, Iowa hereby commends Theodore Anderson for meritorious service in the Streets/Sanitation Div. of the City over the years 2. That the City Council extends the gratitude of the City to the said Theodore Anderson for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Theodore Anderson It was moved by Zuber and seconded by Dickson that the Resolu- tion be adopted. ATTESTs CITY CLERK MAYOR Passed and approved this 7th day May, 1985. RESOLUTION NO. 85-108 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY85 OPERATING BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Public Hearing be held in the Civic Center at 7:30 p.m., May 21, 1985, to permit any taxpayer to be heard for or against the proposed amendment to the FY85 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in theIowa Cit Press-Citizen, a newspaper of general circulation in Iowa City, not ess an ourdays and not more than twenty (20) days before the time set for such hearing. It was moved by Strait and seconded by _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 7th day of ATTEST: CITY CLERK Rece;v6d Ce By The Leyal Dep -e meal S�g� RESOLUTION NO. 85-109 RESOLUTION SETTING PUBLIC HEARING ON APPROVING THE FY85 CAPITAL PROJECTS BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Public Hearing be held in the Civic Center at 7:30 p.m., May 21, 1985, to permit any taxpayer to be heard for or against the proposed FY85 Capital Projects Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not ess than four 4 ays and not more than twenty (20) days before the time set for such hearing. It was moved by - -- -St--gait -. -. and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 7th day of Mav 1985. MAYOR ATTEST: /i'/��. > CITY -CLERK P,eceived $ Approve.; By i''^,a Legal Dea rie^ p1 z;�} RESOLUTION NO. 85-110 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HANDICAPPED ACCESSIBLE RESTROOM, UPPER CTIf PARK, DIRECTING CITY CLERK TO PUBLISH NOT C OF SAID H R NG, ND DIRECTING 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 2ist day of_ Mav 198 5 , 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 less than four (4) nor more than twenty (20) days before said. hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait - and seconded by Baker resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: — X Ambrisco X Baker X Dickson X Erdahl x McDonald X Strait _ Zuber Passed and approved this 7th day of May 19 85. ATTEST • 2 , J �(.y +AJ CITY CL RE K MAYOR that the F.csbyad G Acp:cved 3y T::n 1. Ial r-ai artMnl �n Ilr I' RESOLUTION NO. 85-111 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY86 LANDFILL EXCAVATION FRQ7ECT. DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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 21st day of Ma 19 85 , 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Baker resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _ X Erdahl X McDonald X Strait X Zuber Passed and approved this 7th day of _ May , 1985 ATTEST: /�%a�c..�c� -e . TUiTY CL RK that the Received A Approved By The Legal Dep rtmcnt s�18�� RESOLUTION NO. 85-112 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF EASTDALE MALL ADDITION LOCATED AT 1700 FIRST AVENUE. WHEREAS, the owner, Windsor Land Corporation, has filed with the City Clerk of Iowa City, an application for approval of the amended preliminary and final Large Scale Non -Residential Development Plan for Lots 11, 6, and part of Lot 1 of Eastdale Mall Addition; and WHEREAS, the original Large Scale Non -Residential Development of Lot 11 of Eastdale Mall Addition was approved by Resolution 78-68; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended preliminary and final Large. Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the amended preliminary and final Large Scale Non -Residential Develop- ment Plan has been examined by the Planning & Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the amended preliminary and final Large Scale Non -Residential Develop- ment Plan is found to conform with all of the pertinent requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE- CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended preliminary and final Large Scale Non -Residential Develop- ment Plan of Lots 11, 6, and part of Lot 1 of Eastdale Mall Addition is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa is hereby authorized and directed to certify the approval of this resolution and of said plan after passage and approval by law; and the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Baker and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 7th day df May 1985. OR ATTEST•. snn ) CITY CLERK Received & Approved SyThe 6 21oy3Ddt� RESOLUTION NO. 85-113 RESOLUTION CONSENTING TO THE VACATION OF LOTS 50, 51, 52 AND 53 OF HUNTERS RUN SUBDIVISION, PART 3. WHEREAS, Resolution No. 84-112 approved the final subdivision plat of Hunters Run Subdivision, Part 3, as legally described in Attachment A; and WHEREAS, the owner, Hunters Run Development Company, wishes to vacate Lots 50, 51, 52 and 53 of Hunters Run Subdivision, Part 3, according to the plat thereof recorded in Plat Book 25, page 56A of the Plat Records of the Johnson County Recorder, in order to resubdivide Lots 52 and 53 .and part of Lots 50 and 51 into single-family subdivision lots; and WHEREAS, no lots in Hunters Run Subdivision, Part 3 have been sold by the owner; and WHEREAS, the owner has submitted a subdivision plat showing the lots to be vacated; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined said subdivision plat and recommended consent to vacation of Lots 50, 51, 52 and 53 of same; and WHEREAS, the subdivision plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended consent to the vacation of the Lots 50, 51, 52 and 53 of said subdivision plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Council consents to the vacation of Lots 50, 51, 52, and 53 of Hunters Run Subdivision, Part 3. 2. That the City Clerk of the City of Iowa City, Iowa is hereby authorized and directed to certify the approval of this resolution and of said subdivision plat showing vacation of Lots 50, 51, 52 and 53 of Hunters Run Subdivision, Part 3, after passage and approval by law; and the owner shall record said plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD STRAIT ZUBER Passed and approved this 7th day of ATTEST:clif ati«+'� 1985. Received a Approved Sy the legal Department Res. 8S-113 ATTACHMENT A The legal description Pur Part Three hunters Run Subdivisiun,Iowa City, Johnson County, Iowa, is as follows; Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence N0046'46"E, 1,150.38 feet to the Center- line of Rchret Road,in accordance with the Final Plat of Hunters Run Subdivision, Part One, recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Office; Thence N0055'12"E, 223.00 feet to the Point of Feginning or Part Three of Hunters Run Sub- division; Thence N46001150"W, 139.47 feet; Thence N12016150"W, 146.95 feet; Thence N79046150"W, 139.73 feet; Thence N46001150"W, 121.19 feet; Thence N6°00'50"W, 213.04 feet; Thence South- westerly 25.52 feet along a 225.00 foot radius curve,concave Northwesterly, whose 26.50 foot chard bears S87021'45"W; Thence N89015139"W, 20.33 feet; Thence N0044121"E, 185.00 feet; Thence S8901513911E, 10.00 feet; Thence N0044121"E, 201.00 feet; Thence 589°15'39"E, 298.08 feet;Thence SO044'21"W, 66.00 reet; Thence S89015139"E, 41.92 feet; Thence Southeasterly 208.81 feet along a 307.00 fact radius curve, concave Southwesterly, whose 204.81 foot chard bears S69°46'32"E; Thence S39042'35"W, 124.50 feet; Thence S46001'50"E, 715.58 reet; Thence 327003'36"E, 61.43 feet; Thence S0057'18"W, 228.55 feet to a point on the Centerline of Ronret Road; Thence South- westerly 161.61 feet along said Centerline on a 955.00 foot radius curve, concave Southeaster- ly, whose 161.42 foot chord bears S78°57'21"'d; Vience 574006'26"W, 329.64 feet along said Centerline; Thence NO°55'12"E, 190.37 feet; Thence N89°04'4811W, 108.00 feet to the Point of Beginning. Said tract of Land contains 14.37 acres more or less and Is subject to easements and restrictions of record. RESOLUTION N0. 85-114 RESOLUTION SUPPORTING THE DEVELOPMENT OF SENIOR CITIZEN HOUSING IN THE CITY OF IOWA CITY, IOWA. WHEREAS, the Iowa City City Council is advised that the United States Department of Housing and Urban Development has announced the availability of funds for the construction of up to 75 units of rental housing under Section 202, Direct Loan Program, for housing for the elderly and handicapped, and WHEREAS, the construction of such elderly or handicapped housing would make available to senior citizens high quality housing designed for senior citizens' needs at affordable costs, and WHEREAS, the Iowa City Council has determined that the need for senior citizen housing continues to exist in the community of Iowa City which should be met, and WHEREAS, the construction of such housing in the City of Iowa City would have a positive effect upon the community and its citizens. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE IOWA CITY COUNCIL AS FOLLOWS: 1. The Iowa City Council hereby endorses and supports all proposals and applications for the construction of additional elderly or handicapped housing within the City of Iowa City, Iowa. 2. The Mayor and the City Clerk are hereby authorized and directed to advise all interested parties of this resolution by providing a copy upon request; and to further cooperate and assist in providing information to any organization which seeks to apply for the construction of senior citizen housing. It was moved by -Strait and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson Erdahl X McDonald X Strait y Zuber Passed and approved this 7th day of May 1985. ATTEST:2,c�J Ll 3nc2h'Od & Approved q/-4 Sri' T d 6F RESOLUTION NO. 8S-115 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CLINTON STREET IMPROVEMENTS PROJECT - WASHINGTON STREET TO IOWA AVENUE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 28th day of May , 19 85. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 4th day of June 19 85 . It was moved by Strait and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X _ Baker" X Dickson X Erdahl X _ McDonald X Strait X Zuber Pas ATTEST: 9 RESOLUTION NO. 85-116 RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE FORMAL APPLICATION TO THE STATE CONSERVATION COMMISSION FOR SPECIAL RULES AND REGULATIONS CONCERNING THE OPERATION OF VESSELS ON THE IOWA RIVER, AFTER PUBLIC NOTICE OF SUCH APPLICATION IS PUBLISHED. WHEREAS, 6106.17, Code of Iowa, provides that any subdivision of this state may, but only after public notice thereof by publication in a newspaper having a general circulation in such subdivision, make formal application to the State Conservation Commission for special rules and regulations concern- ing the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules or regula- tions necessary or appropriate, and WHEREAS, the Riverfront Commission has recommended that the City Council apply for special rules and regulations regarding certain activities on the Iowa River in Iowa City, and WHEREAS, such special rules and regulations to be applied for as described below herein are necessary because of special conditions along the Iowa River, particularly between the Coralville Milldam and the Burlington Street Dam, which give rise to health and safety, as well as environmental concerns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Clerk is hereby directed to publish forthwith in a newspa- per having a general circulation in Iowa City a public notice of the below -described formal application to the State Conservation Commission for special rules and regulations concerning the operation of vessels on the Iowa River in Iowa City. 2. That after the publication of the above-described public notice, the City Manager is hereby authorized and directed to make formal application pursuant to 5106.17, Code of Iowa, on behalf of the City of Iowa City to the State Conservation Commission for the following special rules and regulations concerning the operation of vessels on the Iowa River in Iowa City, Iowa: No person shall operate any vessel towing persons on waterskis, surfboards, or similar devices on the Iowa River in the area bounded by the Coralville Milldam and the Burlington Street Dam, except during regattas, races, marine parades, tournaments or exhibitions authorized by the State Conservation Commission to be held in such area. b. No person shall operate any vessel on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. c. No person shall swim in the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. 4 171) Resolution No, t L6 Page 2 d. No person shall walk, ice skate, fish or otherwise be upon the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. e. No craft or vehicle shall be operated on the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. It was moved by Zuber and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 7th day of May 1985. YOR ATTEST:ou�r� CITY CLERK Reeefved & Approved Sy The Legal Department '-5-)l S Wi RESOLUTION NO. 85-117 RESOLUTION APPROVING SIGNAGE FOR TENANT SPACES FOR URBAN RENEWAL PARCEL 64-1b (HOTEL). WHEREAS, the City Council of the City of Iowa City, Iowa, has approved design plans for Urban Renewal Parcel 64-1b (Hotel) subject to the City review and approval of signage, landscaping plans, and walkway designs for the site; and WHEREAS, tenant signage plans have been reviewed by the Design Review Committee which recommends approval of the plans contained in the attachment to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the tenant signage plans for Urban Renewal Parcel 64-1b, submitted on behalf of Dr. Harry A. Johnson, Jr., doing business as Mid -City Hotel Associates -Iowa City, are hereby approved subject to the conditions and reservations set forth in Attachment A (signage plans). It was moved by Zuber and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker �— Dickson X Erdahl X McDonald x_ Strait x_ Zuber Passed -and approved this 7th day of �bY , 1985. ATTEST: o.;� �J_,� J CITY CLERK ReLelve3 A ApPrcv ,. � . ai DeparW"n1 By .:1_ �S ¢ �> i a 7_ Res. No. 85-117 ATTACHMENT A SIGNAGE PLANS FOR TENANT SPACES FOR URBAN RENEWAL PARCEL 64-1B (HOTEL) Three signs are planned for the tenant space on the south side of the building. The size and placement of these signs are shown on the accom- panying sketch. The signs will be mounted directly against the building and will not be illuminated. They will all be uniform, with a color and style of script similar to the Nautilus sign (beige lettering on a dark brown field) on the north building face. a 73 . i'r=Y)f14YTF.�IC�.. gb» sta�Frcrrt I �fOy�i'og.ier��— %,p C t _nCl 4eS yertt•L cj :iyn� _-�y�pi'rt � .. Sign.; eqR�• 2=dM�gh 'dlory■ ._ bulldlrioS foce_(iayw+t��acu� - IW tea%+ 11 dx 5o'•dr g5o Sq :�ee1: --_ - io�+rvelt�code: e.�o.3 ao - b..►� . -- _ r -209. of SSo�,F* • 1•Iok.g5 • - - eaah.gic�n� perrn►tted. 37x - r 1• —__ 1as �1w� rem+ � - • - _— eleygtion of te,nrp►�n1■ �ae�.._ �/rti=1'•o" __ .. 2.20.85 06 RESOLUTION NO. 85-118 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE GROUNDWATER CUT-OFF TRENCH IOWA CITY SANITARY LANDFILL WHEREAS, Sul has submitted t e e above-named project. Inc cons M-7? 1 J IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, I. That the contract for the construction of the above-named project is hereby awarded to Sulzberger Excavating, Inc, of Muscatine, Iowa subject to the condition tat awar ee secure adequate per ormance ond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Strait and seconded by Dickson the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X _ Baker X _ Dickson X Erdahl X _ McDonald X _ Strait X _ Zuber Passed and approved this 7th day of May , 19 85. 7" MAYOR ATTEST: �.7Y / CITY CLERK � that Received % Approved By The Legal Oeparhmnt a 75 RESOLUTION NO. 85-119 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF -T1gE OUTFALL RELIEF SEWER SYSTEM REHABILITATION PROJECT WHEREAS, Tscl has submitted —tFe-Te above-named project. of Dubuque, Iowa, IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Ischig ite.ExcayatinRof 2Liglue. Iowa subject to the condition tat awar ee secure adequate per ormance bon insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Zuber and seconded by Strait that the resolution as read e a opted, an upon roll call there were: AYES: NAYS: ABSENT: — X Ambrisco X Baker X Dickson X Erdahl X _ McDonald X _ Strait X Zuber Passed and approved this 7th day of May 1985 . MAYOR ATTEST: a CT CLETY RK Received A Approved By The Legal Department ?r/i /dr a 7L, RESOLUTION NO. 85-120 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WM VEENSTRA b KINM, INC. FOR RESIDENT PROJECT INSPECTION SERVICES, SURVEY SERVICES AND TESTING SERVICES ON THE OUTFALL RELIEF SEWER SYSTEM REHABILITATION PROJECT WHEREAS, the City of Iowa City, Iowa, has negotiated aA Bement with ra Kinm Inc. of West Des Moines a'copy of said Bement being attac a to tis Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said _Agreement with Veenstra C Kimm,_Inc. of West Des Moines, Iowa, for resi- dent proiect inspection services survey services and testing services on the Outfall Relief Sewer System Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Veenstra $ Kimm, Inc. of West Des Moines, IA 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Zuber and seconded by Strait that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker _ Dickson X Erdahl McDonald Strait Zuber Passed and approved this 7th day of May , 19 85 /< U IT CLERK Received A Appravpd By The L-yal Departmeai a7% AGREEMENT This Agreement, made and entered into this 7th day of May , 1985, by and between the City of Iowa Clty a municipal corporation, hereinafter referred to as the City, and Veenstra & Kimm Inc. of Iowa City & West Des Moines. Iowa hereinafter referred to as t e Consultant. Now, therefore, it is hereby agreed that the Consultant shall act for and represent the City in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations. The Consultant agrees that in performing services hereunder it shall not commit any of the followingemployment practices and shall prohibit the fnllnwinn nrartirpe in any suhenntraets: 1. To discharge from employment or refuse to hire any individual because of race, color, religion, sex, national origin, disability, age, marital status or sexual preference. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of race, color, religion, sex, national origin, disability, age, marital status or sexual prefer- ence. I. SCOPE OF SERVICES As specified hereinafter, the Consultant shall provide general_ services during construction, project representation, construction staking and testing services for the Outfall Relief Sewer System Rehabilitation Project. General Services During Construction General services to be provided by the Consultant during construction shall include: 1. Establish bench marks and/or base lines to permit starting construc- tion work. 2. Consult with and advise the City and prepare routine change orders as required. 3. Assist in interpretation of plans and specifications. 4. Review shop drawings and data of manufacturers. 5. Process and certify to the City payment estimates of Contractors. 6. Attend and conduct a precor.struction conference. 7. Make routine and special trips to the job site as required. 8. Provide to the City written monthly progress reports showing progress on the Project. 9. Attend conferences with the City, Contractors and public utility companies. 10. Make a final review after construction is completed to determine that the construction, complies with the plans and specifications and, with the City Engineer, recommend acceptance of the work by the City. 11. Provide the City with two complete sets of as -built bluelin,e plans and . one set of mylars showing the final construction. Full -Time Project Representation The Consultant shall provide technical observation of construction by a full-time resident project representative and supporting staff. a 7S( 2 Through on-site observations of the work in progress and field checks of the materials by the Consultant or his staff, the Consultant shall provide protection for the city against defects and deficiencies in the construc- tion of the Project by the Contractors. The Consultant shall keep and maintain all Project notes, records, forms and daily logs. Copies of all Project notes, forms and daily logs shall be submitted to the City on a weekly basis. Construction Stakino The Consultant shall provide the initial Project field stakeout of construction and all subsequent staking as construction progresses. It is furtl,nr !'riders*nnd Fho- if in tho nnininn of rho roncul+Ant any of tho survey stakes or marks have been carelessly or willfully destroyed or disturbed by the Contractors, the cost of replacing them will be charged ,. to the Contractors. Testing The Consultant shall provide field and laboratory testing of the type and quantities as set forth in Exhibit A, attached hereto and made a part of this Agreement. As set forth in the Project Specifications, all retesting done as a result of subgrade, backfill or concrete failing to meet density or strength tests, will be paid for by the Contractors on the Projects. Consultant shall bill Contractors for such retesting. In general, enough testing shall be conducted so that the Consultant can determine that the construction work is complying with the requirements of the specifications. The actual number of tests will vary depending upon weather conditions, soil conditions, and other factors. A qualified technical observer working under the Consultant's supervision shall be on site for sampling and/or testing of backfill, subgrade and concrete, as required. Sufficient tests shall be made to insure that work is complying with the requirements of the specifications. Additional tests may be made in critical areas or where visual observation by the technical observer indicates areas of questionable conditions. Special Services The Consultant shall provide special services upon prior written authori- zation or direction of the City Engineer. The Consultant shall receive additional compensation for properly authorized special services, other than, tests, at the direct personnel expense rates shown on Exhibit B, attached hereto and made a part of this Agreement. Where such services are provided by the Consultant, the direct personnel expenses shall be subject to a multiplier of 2.2. Where special services include testing in excess of those quantities shown on Exhibit A, such services shall be billed at the rate sheen in Exhibit A. Special services may include the following: Land surveys and related office computations and drafting. 2. Assisting the City in litigation arising from construction of the Project. 3. Testing fees in excess of the total amounts shown on Exhibit A. 4. Project representation beyond the specified construction completion, time of 240 calendar days -after written Notice to Proceed for the Project, to the extent of the direct personnel expense (x 2.2) to the Consultant in excess of the "not to exceed" figures for project representation shown hereinafter. H. GENERAL TERMS 1. The City may terminate this Agreement upon seven (7) days written notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by a77 a the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matters shall be resolved by the procedures of the American Arbitration Association. 2. Direct personnel expense for the purposes of this Agreement shall be defined as hourly wage plus retirement, payroll taxes and fringe benefits. Consultant shall, upon demand, furnish certified copies thereof. 3. Records of the Consultant's Charges pertaining to the Project shall be kept on a generally recognized accounting basis consis- tently apnliad. and shall he available to the Citv or its author- ized representative at mutually convenient times. 4. This Agreement shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of the other party to said Agreement. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County Law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Con- sultant to satisfactorily perform in accordance with this Agree- ment shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accor- dance with this Agreement. 8. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 9. It is understood and agreed that the retention of the Consultant by the City for the purpose of this Project shall be exclusive but the Consultant shall have the right to employ such assistants for outside services as may be required to meet the requirements of this Agreement. Consultant shall be allowed compensation for such services on a basis of 1.00 multiplier times the amount billed to the Consultant. The Consultant shall furnish written proof of all outside expenses. 10. J. W. Kimm of the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement as may be requested by the City. Any such request shall be given with reasonable notice to said persons so that they may respond. 11. The Consultant agrees to furnish, upon termination of this Agree- ment and demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without costs, without restriction or limitations as to the use of such material. The Consultant shall not be liable for use of such documents on other projects. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate the City Engineer to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive a 30 4 information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the sites of the Project including previous reports and other data relative to design and construction of the Project. 4. Make all provisions for the Consultant to enter upon public and private land, as required, for the Consultant to perform his work under this Agreement. 5. Exa.—.?nn ^!1 sFn•1i... ^ ....}� cLn*rhoc o�fima}oc cnorif irate [ inn drawings, proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. 6. Conduct any and all wage surveys and interviews of the Contractors' employees and review all Contractors' payroll documents as may be required for this Project. IV. TIME OF PERFORMANCE The Consultant shall provide services on a timely schedule so that the Contractors' work will not be delayed. Consultant services hereunder shall begin with the precorstruction conference and continue through the construction period to the Consult- ant's statement of substantial completion to the City. V. COMPENSATION FOR SERVICES General Services, Project Representation and Construction Staking The City agrees to pay the Consultant for the services described in this Agreement on the basis of Direct Personnel Expense times a multiplier of 2.2 plus outside expenses. Outside expenses will be billed at cost. Billings to the City for outside expenses will include invoices received by the Consultant for said outside expenses. A copy of the current direct personal expense rate is attached as Exhibit B. All services are subject to the construction being completed by the date set forth in the Written Notice to Proceed. Additional services will be billed as Special Services. Testir.g All testing is subject to the quantities and unit prices shown in Exhibit A. Additional testing will be billed as Special Services. Reimbursable expenses shall be paid as a separate cost and shall include the following: A. Expense of reproduction, postage and handling of drawings and specifi- cations, excluding copies for the Consultant's office use. B. Long distance telephone calls. The contract fee, including the total general services during construc- tion,, project representation, construction staking, and testing, including outside and reimbursable expenses, shall not exceed $ 39,500.00 The Consultant shall make no charges to the City for travel expenses, including without limitation, hotel or motel charges, meals or mileage.. The Consultant shall submit monthly statements for services rendered and for outside expenses incurred. With each billing, the Consultant shall list the individual classification, the hours worked, and the hourly rate. In accordance with its standard accounting practice, the City shall make prompt monthly payments in response to the Consultant's monthly state- ments. 5 All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. It is further stated that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement nor have any of the above been applied by any party to the Agreement. The undersigned do hereby state that this Agreement is executed in triplicate, each of which shall be treated as an original, and that there are no oral agreements that have not been reduced to writing in this instrument. Dated this 7th day of May 1985. FOR THE CITY: yor ATTEST: ?' / City Clerf, M iaii: it a Executiv Secretary a �a EXHIBIT A ESTIMATED QUANTITIES AND UNIT PRICES FOR TESTING Unit and lump sum prices include personnel, equipment, mileage, materials and incidentals. �? R3 Outfall Relief System Unit Item Units Price -v C- 4 QQnn Concrete Test Cylinders (6' X 12" Nominal) (Includes air and slump tests, curing, holding, capping and reporting) 7 -day and 28 -day breaks (sets of 2) 15 Sets $ 9 7 -day break (individual cylinders) 20 Ea. $- 28 -day break (shotcrete cylinders) 6 X 12 30 Ea. $= Field Density Tests 100 Ea. $15_ �? R3 EXHIBIT 8 To be prepared by Consultant DIRECT PERSONNEL EXPENSE VEENSTRA & KIMM, INC. April 1, 1985 Employee Classification Principal Project Engineer I (PE I) Project Engineer II (PE II) Project Representative (PR I) Project Representative (PR II) Office Technician II (OT II) Party Chief II (PC II) Survey Helper (SH) Draftsperson II (DP II) Secretary I (SI) Secretary II (S II) *Subject to multiplier of 2.2 Hourly Direct Personnel Expense* $34.00 25.00 18.20 16.81 12.39 12.00 12.39 5.00 14.50 13.63 11.75 R gy � 7L RESOLUTION N0. Bs -121 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowat has negotiated ai agreement with the Iowa Dept. of Transportation , a copy of said agreement being attached tot s Resolution and by tis reference made a part hereo ; and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for a Federal Aid NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Dickson and seconded b the resolution as read be adopteesand upon roll call there werer that AYES: NAYS: ABSENT: — X Ambrisco —X --- Baker X Dickson — -- �� Erdahl X ---_ McDonald X -- Strait X --_ Zuber Passed and approved this 7th day of _ May 1985 ATTEST: ' J CI I I CL RK MAYOR Received & Approved By The Legal Department ---V IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL -AID BRIDGE REPLACEMENT PROJECT City: Iowa City County: Johnson Project Number: BHF -0001-5(32)--2L-52 BRF-0001-5(32)--38-52 Iowa Department of Transportation Agreement Number: 85-F-027 WHEREAS, pursuant to Sections 306A.7 and 307A.4, 1983 Code of Iowa, the City of Iowa City, hereinafter called the CITY, and the Iowa Department of Transportation, Highway Division, hereinafter called the STATE, may enter into an agreement respecting the financing, planning, establishment, improvement, maintenance, use or regulation of public ways in their respective jurisdictions, and it is their opinion that the improvements in the traffic carrying capacity of the many streets is necessary and desirable, WHEREAS, the Congress of the United States has provided for the Federal -aid Bridge Replacement Program, hereinafter called BRF, and Congress has made funds available through the Federal Highway Administration, hereinafter called the FHWA, for the imple- mentation of BRF projects to rehabilitate or replace bridges on public roads on and off the Federal -aid System, these funds being administered by the STATE, and WHEREAS, pursuant to the authority of Chapter 307.10, 1983 Code of Iowa, the STATE has established Administrative Rule 820-[06,Q] Chapter 8 to administer BRF projects in the cities of Iowa, and WHEREAS, BRF funding is available for reimbursement of up to eighty percent (80%) of the costs relating to an improvement on public roads on and off the Federal -aid System and local funds are to be used for the remainder of the improvement costs, a minimum of twenty percent (20%), and WHEREAS, the CITY has requested eligible reimbursement from BRF funds for project costs under this Federal program, and WHEREAS, the CITY proposes a BRF project to replace the bridge on Burlington Street over the Iowa River, and if the total super structure is replaced then project no. BRF-0001-5(32)--38-52 will apply. NOW, THEREFORE, BE IT AGREED: 1. The attached Exhibit I will apply and is hereby made a part of this Agreement. The CITY shall prohibit "on -street" parking on the bridge and any part of the project approach roadways. 2. The maximum Federal -aid reimbursement for this project is $650,000. a u�1 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 85-F-027 as of the date shown opposite its signature below. City of Iowa City By k4 May 7 1985 TitMayor I, Marian K. Karr certify that I am the Clerk of the CITY, and that John McDonald , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 7th day of May , 19 85 IOWA DEPARTMENT OF TRANSPORTATION Highway Division By SGS Harold C. Schiel,P E. Urban Systems Engineer Office of Local Systems Signed arc r,Ja f Li City Jerk of Iowa City, Iowa Date May 7 , 1985 Reeelved & Approved Ey The 1•e9a! D=p� ment EYHIBIT I Standard Provisions for PAUS, BRM, BROS, and IR City Project Agreements 1. Since this project is to be financed with local and federal funds, the CITY shall take the necessary actions to comply with applicable State and Federal laws and regulations. 2. The CITY shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the STATE Action Plan for project environmental studies and Federal Highway Administration (FHWA) location/design approval. 3. The STATE, will obtain the Iowa Intergovernmental Review (IIS) clearance statement from the State Office for Planning and Programming (OPP), when necessary. The STATE will notify the CITY when the project requires a project clearance statement from the Areawide Clearinghouse. The CITY shall then obtain and submit to the STATE the necessary clearance statement. 4. The CITY shall obtain agreements as needed from railroad and utility companies and shall obtain project approvals from the Iowa Department of Water, Air, and Waste Management, State Conservation Commission, U.S. Coast Guard, and U.S. Corps of Engineers. 5. The CITY shall prepare the construction plans, specifications, and estimates (PSdE). The design shall conform to Design Standards for Federal -aid projects as set forth in Volume 6, Chapter 2, Section 1, Subsection 1 of the Federal -aid Highway Program Manual (FHPM). 6. The project shall be constructed under the STATE Standard Specifications and applicable special provisions. Prior to their use in the PS6F., specifications developed by the CITY for individual construction items shall be approved by the STATE and FHWA. 7. The CITY shall acquire the project right-of-way in accordance with Title III of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 and applicable State laws. The CITY shall provide relocation assistance benefits in accordance with Title II of said 1970 Act and applicable State laws. The CITY shall contact the STATE for assistance as needed to assure compliance with applicable laws which are smmnerized in the State guideline booklet entitled "Right -of -Way Acquisition Guidelines for Political Subdivisions of Iowa Concerned with Federal -aid Funding for Roads and Streets". 8. The CITY shall forward the Federal -aid Project Development Certification and final PSAE to the STATE. Subject to the availability of funds, the STATE will submit these documents to FHWA for approval to advertise for bids. 9. The CITY shall comply with the public hearing requirements of Chapter 384.102, Code of Iowa, and shall certify adherence to those requirements. This certification shall be submitted to the STATE prior to STATE and FHWA concurrence to award the contract. 10. Upon receipt of FHWA authorization, the project will be let by the STATE in accordance with normal project letting procedures. After bids are received and opened, the STATE will furnish the CITY with a tabulation of all bid proposals. The CITY, by Council Resolution, shall act on the bids received and shall furnish the STATE with a copy of the Resolution. 11. The STATE will review the bid tabulations and proposals, and will prepare an Iowa DOT Staff Action for concurrence to award the contract. The STATE will mail the unexecuted contract to the approved low bidder. 12. The STATE will forward the necessary bid documents to the FHWA to secure concurrence to award the contract. After receipt of FHWA concurrence, the STATE will notify the CITY. The CITY shall enter into a contract with the contractor and secure his performance bond and certificate of insurance. 13. The CITY shall forward to the STATE three (3) copies of the contract, performance bond, and certificate of insurance. The STATE will prepare the Federal -aid Project Agreement, and submit it for FHWA approval. and obligation of Federal -aid funds. - 2 - 14. The CITY shall comply with the procedures and responsibilities for materials testing and construction inspection set forth in Department of Transportation Rule 820-[06,Q) Chapter 10, Section 10.5(6)(e), IAC. The STATE will bill the CITY for testing services according to its normal policy. 15. The CITY shall comply with the procedures and responsibilities for contract payments set forth in Rule [06,Q] Chapter 10, Section 10.5(6)(f), IAC. 16. The CITY shall effect whatever steps may be required to legally establish the grade lines of the street facilities constructed under said project, and shall pay or cause to be paid all damages resulting therefrom, all in accordance with the provisions of Section 364.15, Code of Iowa. 17. The CITY shall effectuate all relocations, alterations, adjustments, or removals of utility facilities, including power, telephone and telegraph lines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals, and other facilities which are located within the limits of an established street or alley and which will interfere with construction of the project. Certain utility relocation, alteration, adjustment, or removal costs to the CITY for the project may be eligible for Federal -aid reimbursement in accordance with the FHWA policy applicable to the type of utility involved. 18. The CITY shall take all necessary legal action to discontinue current use and prohibit future use of the project right-of-way for business purposes, and shall prevent any future encroachments or obstructions within the limits of the project right-of-way. The CITY shall also cause removal of private signs and other obstructions within the project right-of-way, and signs and other obstructions erected on private property which obstruct the view of the public street in conformance with the requirements of Sections 319.10 and 319.12, Code of Iowa. 19. The CITY shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The CITY shall also make such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the STATE, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the CITY, if requested. 20. The CITY shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the FHWA and STATE. 21. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways." 22. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The CITY stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. h. The CITY agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. C. The CITY stipulates as a condition of Federal -aid pursuant to this agreement, the CITY shall notify the STATE of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this agreement is under consideration to be listed on the EPA List of Violating Facilities. The STATE will forward the notification received from the CITY to the Federal Highway Administration. C; 9 9 RESOLUTION NO. 85-122 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE BURLINGTON STREET CONCRETE REPAIR PROJECT, WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa has submitted the best Did of _30,825.00 for the constructi above-named project. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Metro Pavers Inc. subject to the condition tat awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Zuber and seconded by Strait the resolution as read be a opted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson -.— X Erdahl R McDonald X -- Strait x Zuber Passed and approved this 7th day of May , 19 85, tha t MAYOR ATTEST: CAVCLRK 8y The Legal De artment S d 8i a Im 7 5 RESOLUTION NO. 85-123 RESOLUTION REVISING THE ANNUAL BUDGET, FY85, ENDING JUNE 30, 1985, FOR PUBLIC HOUSING PROJECT IA -022003 & IA05PO22004 WHEREAS, the City of Iowa City has in effect an Annual Contributions Contract No. KC9166, for Project IA022003 and IA05PO22004, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The Budget for the referenced projects be revised as shown on the attached forms. 2. The proposed expenditures are necessary in the efficient and economical operation of the Housing Authority for the purpose of service to low- income families. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expenditures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. 4. All proposed rental charges and expenditures will be consistent with Provisions of law and the Annual Contributions Contract. 5. The Iowa City Housing Authority is in compliance with Section 207(A) of the Annual Contributions Contract, which states in part that the Housing Authority is reexamining the incomes of families living in the project at least once a year. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO �- BAKER _X DICKSON X ERDAHL X McDONALD X STRAIT X MER Passed and approved this 7th day of May , 1985. ATTEST:,, CITY CLERK JY 0 "R Reoefv9d b1 /�prsraveci by Jha Leal Deparh-nent _5-11 165- a9i HUD -52564 Form Approved Jaaua,v 1972 OMB No. 63-ROBOB Paye I at U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW -RENT HOUSING PROGRAM OPERATING BUDGET June 30 For Fiscal Year Ending 19 85 Q ORIGINAL ® FiLVISION NO. 2 TYPE OF HUD -ASSISTED PROJECTIS)I LHA-Owned Rental Housing .............. �Y LHA-Leased Housing -Section 23 or 10(c) ..... LHA-Owned -Homeownership ............. LHA-Leased-Homeownershf LHA-Conveyed Project -Administration Contract. NAME OF LOCAL AUTHORITY. Iowa City housing Authority, Civic Center, 410 E. Washington, Iowa City IA 52240 CONTRACT NO.ISI$ KC9166 PROJECT HCAS)1 IAU22003 & IA05PO22004 LOCALITY$ Iowa City, Johnson County, .Iowa NO. OF D.U. NO. OF UNIT MONTHS OF 52 AVAILABILITY. 624 MUD AREA OFFICE$ Des Moines, Iowa HUD REGIONAL OFFICE$ First ACTUALS I 6 ma. Kansas City FISCAL ^CTUALS YEAR CURRENT Previous BUDGET Approved YEAR Bud et 192- 19—as— s_PUM PUM PUM REQUESTED BUDGET ESTIMATES LMA ESTIMATES HUD MODIFICATION ' AMOUNT AMOUNT PUM I(TaN.a ... l J10) PUM To Neereet $l LINE NO. 111 12) 131 (4) (5) 1 (6) (7) 001 Homebuyers Monthly Payments For: Operating Expenses 002 Earned Home Payments Account 003 Nonroutine Maintenance Reserve 004 Total Break -Even Atnount(Sum of Lines 00/ 002, 6 003 005 Excess ( or Deficit) in Break -Even Amount OOT Homebuyers Monthly Payments (Contra) 010 OPERATING RECEIPTS$ Dwelling Rentals 1-17 ISIS 1AQ 7A 149.7 93,430 020 = F Excess Utilities 030 H a. Nandwelling Rentals 040U Total Rental Income 050 OW, O Interest on General Fund Investments 6 1q720n 060 Other Operating Receipts go -82 -8 090 TOTAL OPERATING RECEIPTS EXCLUDING HUD CONTRIB. 141.58 16o.78 ifin-73 inn 320 110 PERATING EXPENDITURES, ADMINISTRATION. Salaries 33.09 28.8S 33.0 20.650 120 Administration Expenses Other Than Salaries 10.32 5-9E 10.32 6,440 190 Total Administration Expenses 43.41 34.8 43.4 27,090 TENANT SERVICES$ 210 Salaries _-_- 220 Recreation, Publications and Other Services 230 Contract Costs - Training and Other 290 Total Tenant Services Expenses UTILITIES: 310 N Labor -_ 320 Utilities 390 f Total Utilities Expenses G u, ORDINARY MAINTENANCE AND OPERATION: 410 w a- s Labor 2 420 X I- Materials 430 V3 Contract Costs 450 i j: O Total Ordinary Maintenance and Operation, Expenses 3 .3 30 200 PROTECTIVE SERVICES: 460 a Labor -- 470 0 Materials 480 Contract Costs -_ 490 Total Protective Services Expenses _- GENERAL EXPENSES. 510 insurance -- .54 .54 340 520 Payments in Lieu of Taxes 13.00 14.73 14.2 A 8,870 530 Terminal Leave Payments 1.7 1 120 540 Employee Benefit Contributions 550 Collection Louis 560 Other General Expenses 590 Total General Expenses 24,69 21.8126.4 16 510 600 TOTAL ROUTINE EXPENSES 610 RENTS TO OWNERS OF LEASED DWELLINGS '78,600 690 TOTAL OPERATING EXPENSES 710 W Z NONROUTINE EXPENDITURESt ExtraordinaryMaintenance 720 Replacement of Equipment -- -- 2.7 1.740 730 0 Betterments and Add N ;ant , 5 740 ZO Other Nonroutine Ex ondltures 790 = TOTAL NONROUTINE EXPENDITURES HUD -52564 1993 HUD -52564 January 1972 Pape 2 of 2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW—RENT HOUSING PROGRAM OPERATING BUDGET For Fiscal Year Ending .lune 30 19 AS p ORIGINAL ®REVISION N0.2 NAME OF LOCAL AUTHORITY, Iowa City Housing Authority LOCA LITYr Iowa City, Johnson County, Iowa ONTRXCT ND. , KC9166 ACTUALS LAST FISCAL v ._ Previous First 6 mo. ACTUALZ CURRENTLMA BUDGET YEAR 19115_ PUM REQUESTED BUDGET ESTIMATES PROJECT NO.ISII IA022003 & IA05PO22004 ESTIMATES HUD MODIFICATIONS TYPE OF HUD—ASSISTED PROJECTISII LHA-Owned.R.ntal Housing ® LHA-Leased.Hom.ownership Q LHA-Loosed.Section 23 or 10(c) Q LHA-Conv.yed Protest LHA-Owned-Hom.ownership Q Administration Contract Q Approved Budget 1985 PUM AMOUNT PUM (ToNeer.elsio) AMOUNT PUM (T.N.sru1J10 LINE NO. (1) 121 (3) 141 (ti) (6) 171 810 OTHER EXPENDITURES: -- Prior Year Ali I-onls 820 Olhar Deductivns -- 830 Total Other Expenditures -- 899 TOTAL OPERATING EXPENDITURES 106.51 .59 2 86,310 900 RESIDUAL RECEIPTS (OR DEFICIT) BEFORE HUD CONTRIBU- TIONS AND PROVISION FOR OPERATING RESERVE, 35.08 72.19 910 Basic Annual Contribution (Leased Project) 920 RESIDUAL RECEIPTS (OR DEFICIT) BEFORE OTHER HUD CON - TRIBUTIONS AND PROVISION FOR OPERATING RESERVE, Ing72.19 22.45 14,010 930 OTHER HUD CONTRIBUTIONS Operating Subsidy 940 Special Family Subsidy 950 960 Total Other HUD Contributions A.' 970 Residual Receipts (or Deficit) before Reserve ir, ml 79 10 11 22.45 14,010 980 Provision for Operating Reserve IQ q) 10.8511 1 542-1— 3.3sn 990--1.380 Residual Riceipts (or Deficit) 16.581 61.34 OPERATING RESERVES FOR A CONTRACT OR PROJECT LINE ND. Part I - Maximum Operating Reserve - End of Current Budget Year SECTION A - LHA•OWNED RENTAL HOUSING S 01 One-half (507.) of Line 600 -Column 5 -Form HUD -52564 for a Contract 33,230 02 SECTION B — LHA-LEASED HOUSING — SECTION 23 OR 10(C) $ One-half (50:) of Line 600—Column 5— Form HUD -52564 for a Project 03 SECTION C - LHA-OWNED OR LEASED HOUSING - HOMEOWNERSHIP One-half (5046) of Line 600- Column 5- Farm HUD -52564 for a Pro'ect 04 One-third (33-1/341) of Line 004 -Column 5- Form HUD -52564 for a Prosect Total (Sum of Lines 03 and 04) Part II — Provision for and Estimated or Actual Operating Reserves at Year End 06 Reserve at End of Previous Fiscal Year - Actual $ 29,850 07 Provision for Reserve - Current Budget Year - Estimated or Actual 3,380 08 Reserve at End of Current Budget Year. Estimated or Actual 33,230 09 Provision for Reserve — Requested Budget Your— Estimated 10 Reserve at End of Requested Budget Year — Estimated LHA APP1RROOVeycl oij CV16• /i/ng Coordinator • (Nem. and T/Ib) (Signal... (Dale) AREA OFFICE APPROVAL (Nems and Title) (Signature) (Date) 2915 RESOLUTION NO. 85-124 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT COST BUDGET/COST STATEMENT FOR PROJECT IA05PO22005 WHEREAS, the City Council, hereinafter referred to as Housing Authority, has authorized the application for federal funds to develop Public Housing units; and WHEREAS, the U.S. Department of Housing and Urban Development has allocated funds to the Iowa City Housing Authority for this purpose; and WHEREAS, the Housing Authority has offered to purchase ten existing three-bedroom units, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the City Manager is hereby authorized to execute the Development Cost Budget/ Cost Statement for Project IA05PO22005, a copy of which is attached hereto and is incorporated herein by reference. It was moved by Zuber and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _)L_Erdahl X McDonald X Strait X Zuber Passed and approved this 7th day of MaY , 1985. ATTEST: Yh „J -e. a CITY -CLERK Reeelved & Approved By the Legal Departr»ent a9�f Form Approved o N c2o_1570 Page 1 01 4 rages HUD -1524134 (8.77) C) -L:7 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC HOUSING PROGRAM DEVELOPMENT COST BUDGET/COST STATEMENT DWELLING UNITS Family Elderly Total COPY NUMBER V 10 10 PR/PROJECT NUMBER IA05PO22005 PUBLIC HOUSING AGENCY Iowa Cit Housing Authorit No fhlancial or technical assistance may be provided to a project ) pursuant to an Annual Contributions Contract unless a development program; Including e development cost budget, has been approved (24 CFR 841.1161. lousing Type and nductlon Ma Now Construction ACO W/Subst. Rohb. Turnkey Conv. Force Act. LOCALITY OF PROJECT Iowa City ACO WO/Subst. Rehab. X STATUS (Clierk one) ®Development Program (DP) Budget ❑ Budget Between DP and Contract Award ❑Contract of Sole/Contract Award Budget ❑Budget Between Contract Award & Final Ll Final Development Cast Budget El Development Cost Control Statement ❑Statement of Actual Development Cost SUBPART I — BUDGET LINE NO. 1 ACCOUNT CLASSIFICATION pE lel 144E OPER'S PRICE to LATEST ACTUAL ACTUAL APPROVED DEVELOPMENT CONTRACT ESTIMATED BUDGET COST INCURRED AWARD ADDITIONAL Data TO BALANCE TO COMPLETE (b) (c) (d) (a) TOTAL DEVELOPMENT COST AMOUNT PER (c)+(d)+(e) UNIT (t) (g) 1450 Site Improvements 146Q Dvell1rai Construction 4 146 Dwalll.n Dwell.Equipment 5 1470 Nondwelling Construction 6 1475 Nondwellin E ul ment 7 1430.1 Archit & Ea r. Svcs. 8 Other 9 TOTAL DEVELOPER'S PRICE 101 PUBLIC HOUSING AGENCY COSTS ADMINISTRATION 1410.1 Nontechnical Salaries 111 1410.2 Technical Salaries 121 1410.4 Lanai Ex enses 5500 13 1410.9 Employee Benefit Contribution 14 1410.10 Travel 15 1410.12 Publications 16 1410.14 Membership Dues and Fees 17 1410.16 Telephone and Telegraph 18 1410.18 Equipment Expended 19 1410.19 Sundry 2 450 20 TOTAL ADMINISTRATION 2 950 21 1N415 LIQUIDATED DAMAGES 22 1 q 1REnterest to HUD 20,648 23 1420.2 Interest on Notes -Non -HUD 24 1420.3 Interest on Bonds 25 1420.7 Interest Earned from Invest. 137 26 TOTAL INTEREST 13,511 1425 INITIAL OPER. DEFICIT 2 14 NNINCG Itectural & En r. Fees, 29 14430.2 Consultant Fees 301430.6 Permit Fees 31 1430:71ns action Costs 32 1430.9 Housin Surve s 33 1430.19 Sundry Planning Costs 34 TOTAL PLANNING 35 SITE ACQUISITIPN 1440.1 FFro art urcheses 520,000 3 1440.2 Condemnatlon Deposits 37 1440.3 Excess Property 38 1440.4 Surveys and Maps 1,2-5-0- 39 1440.5 Appraisals 40 1440.6 Title Information 6,000 41 1440.8 Le al Costs - Sita .1 500 42 1440.100 tion Negotiations 43 1440.12 rent Tax Settlement 10,000 44 1440.19 Sundry 45 1440.20 Slte Net Income 46 TOTAL SITE ACQUISITION -53-9-,2-5-0- 47 1450 SITE IMPROVEMENTS 48 1460 DWELLING CONSTRUCTION 25.000 49 1465 DWELLING EQUIPMENT 7,500 50 51 1470 NONDWELLING CONSTRUCTION 1475 NONDWELLING EQUIPMENT 52 1480 CONTRACT WORK IN PROGRES 53 1495 RELOCATION COSTS 54 TOTAL (Including Donations) 588.211 55 Less 6 gqDonsllons i0xclu5i9l LA.. Ei Cis) l'INOF.NCy 547,143 57 Contingency: 1%or 65L (orro 56 58 TmI11-166 TOTAL DrVELOPMFNST 5, 309 Page 1 01 4 rages HUD -1524134 (8.77) C) -L:7 DEVELOPMENT COST BUDGET/COST STATEMENT (Continued) SUBPART II — DETAIL OF OTHER IN DEVELOPER'S PRICE (See Instruction Bla) 1. Developer's Fee and Overhead ........ $ 2. Interim Financing ................. 3. Closing Costs ..................... 4. Property Taxes and Assessments ...... 5. State or Local Sales, Excise or Other Taxes .................. TOTAL OTHER $ N/A SUBPART III — SUPPORTING DATA FOR COST ESTIMATFS For the DP Budget, attach an itemized breakdown of the costs chargeable to each of the following accounts. For subsequent budgets, provide this information only for accounts that are being changed. 1410.1 and 1410.2: List, by job title, each PHA employee whose salary, or portions thereof, will be chargeable to these accounts. For each, show the annual rate of gross salary, the estimated length of time to be spent in connection with development of this project, and the total gross salary which is properly charge- able to either of these accounts. If only a portion of the em- ployee's time will be chargeable to this project, show the per- centage that will be so chargeable; and show, in a footnote, the percentage distribution to other projects and the accounts to which distributed. - 1410.19: List and show the cost of each item of administrative and general expense for which a specific account is not provided in the 1410 group of accounts. If only a portion of the cost of any item will be chargeable to this project, show the percentage and amount that will be so chargeable; and show, in a footnote, the percentage distribution to other projects. 1430.2: List all planning consultants not paid under the archi- tect's contract and, for each, identify and show the cost of the services provided. 1430.7: Provide the same information required for 1410.1 and 1410.2, listing employees of the architect (or PHA when use of PHA employees has been previously approved) who will perform inspection work for the project. 1450: Where off-site facilities are proposed to be included, iden- tify and show the cost of such facilities and provide justification for including such costs in TDC. Where demolition is involved, show the cost therefor. 1465: Identify and show the cost of each item included in this account. 1475: Complete the Table below and, on a separate attachment, list and show the cost of each item included in each sub -account. COPY NUMBER PR/PROJECT NUMBER SUBPART IV — NEW CONSTRUCTION— PROTOTYPE COST COMPARISON PERCENTAGE A. Dwelling Construction and Equipment (DC&E) Cost from Subpart I 1. Total for Account 1460 .............. $_ 2. Total for Account 1465 .............. 3. Subtotal (1 + 2) ................... $ 4. Contingency L/aa x line 3) .......... 5. Total DC&E (3 + 4),,,,,,,,,,•,,,,$ B. PPCL Total ................. (Attach calculation from DP, Part I, Subpart B, item 3) C. Comparison Percentage = _ N/A % (Line A5 _ Line B) SUBPART V — ACQUISITION - -DEVELOPMENT COST COMPARISON PERCENTAGE A. Proposed TDC from Subpart I .......... $ B. Hypothetical TDC ................... $ (Attach calculation from OP, Parr 1, Subpart B, Item 5a or, if applicable, other estimate and rationale.) N/A C. Comparison Percentage = % _ (Line A= Line B) SUBPART VI — DETAIL OF DONATIONS LINE ITEM AMOUNT NO. /Please List) (I'alue) 1 (cash) 41 068 2 3 4 TOTAL SUBPART VII — PREVIOUSLY APPROVED BUDGETS List chronologically the dates and TDC on all previously approved budgets, beginning with the Development Program (DP) Budget, and state the purpose (i.e., one of the budgets listed in the "Stat- us" block on page 1 and any amendments thereto). DATE I TDC I PURPOSE DP SUBMITTED BY: 4-73—R5 (Official Authorized to Sign for PliA) (Date) TITLE City Manaqer_ Towa r11 f1o115inn AUthnrity (Legal Namc of Puhlic liousing AgencP (P/L411 FOR HUD USE ONLY NONDWELLING EQUIPMENT (1475) I COST I RECOMMENDED FOR APPROVAL BY: 1475.1 Office Furniture and Equipment 1475.2 Maintenance Equipment 1475.3 Community Space Equipment 1475.7 Automotive Equipment 1475.9 Expendable Equipment TOTAL NONDWELLING EQUIPMENT (Signature of whorized Official) (Dare) T APPROVED BY: (.Signatnrr of ABlhorized Ojlicial) 1495: State the number of households and businesses to be displaced, and identify and show the estimated cost of relocation services and payments to be provided. TIT Page 3 of 4 Pages HUU-52484 (8.77) r�) 9 RESOLUTION NO. 85-125 RESOLUTION AMENDING THE CLASSIFICATION PLAN AND NUMBER OF POSITIONS IN THE POLICE DEPARTMENT WHEREAS, Resolution No. 84-158 adopted by the City Council on June 19, 1984, established a classification/compensation plan for AFSCME employees; and WHEREAS, Resolution No. 84-47 adopted by the City Council on February 28, 1984, establishing an operating budget for FY85 authorizes all permanent positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The AFSCME pay plan be amended by: a. The addition of one Senior Radio Dispatcher position grade 09. 2. The authorization of personnel in the Police Department be amended by: a. The deletion of one full-time Police Dispatcher position. b. The addition of one full-time Senior Radio Dispatcher position. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: Passed ATTEST: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl McDonald x_ Strait X Zuber and approved this 7th day of May 1985. YOR �%.,t� X • 9C wn ) CITY CLERK Reeoived we App•ar+d ay It Legal ^Dpremi,-ill 4 29 1� a97 RESOLUTION NO. 85-126 RESOLUTION ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR CONFIDENTIAL EMPLOYEES WHEREAS, the City of Iowa City employs certain employees referred to as Confidential personnel, and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that Confidential employees shall receive compensation as established by the FY86 Confidential Classification/Compensation Plan. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco ^ Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 7th day of May 1985. /A"YOR ATTEST: rnpa�„ J:5 GI1Y CLERK Racco;vEJ &; Apprcvcci By TF-, Leckjal Gera:hue`�nt d 2 rQ a 93' RESOLUTION NO. 85-127 RESOLUTION ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR ADMINISTRATIVE EMPLOYEES WHEREAS, the City of Iowa City employs certain employees referred to as Administrative personnel, and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that Administrative employees shall receive compensation as established by the FY86 Administrative Classification/Compensation Plan. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker �— Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 7th day of May 1985. ATTEST: ��rw.. 4 7eaa� CITY CLERK O Lclwaa Rey Th IOn�I Grn��`.. ,�99 RESOLUTION NO. 85-128 RESOLUTION ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR AFSCME EMPLOYEES WHEREAS, the City of Iowa City employs certain employees referred to as AFSCME bargaining unit personnel, and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel. , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that AFSCME Bargaining Unit employees shall receive compensation as established by the FY86 AFSCME Bargaining Unit Classification/Compensation Plan. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 7th day of May 1985. ATTEST: CIT CLERK Recelvae & Approved Gy The Legal De artment 0vo RESOLUTION NO. 85-129 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1985, THROUGH JUNE 30 1987. WHEREAS, the City of Iowa City, Iowa (hereinafter the City) and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL-CIO (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1985, through June 30, 1987, a copy of which Agreement is attached to this resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign and the City Clerk to attest the Agreement. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X _X X _X Passed and approved this 7th day May ABSENT: X Ambrisco Baker Dickson X Erdahl McDonald Strait Zuber ATTEST: 4g.") !�. 26,2 CITY CLERK Reeehmcl & Approve! By Ti;- ra ni I9cparhneM 30/ AGREEMENT BETWEEN THE CITY OF IOWA CITY THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 183, AFL-CIO JULY 1, 1985 THROUGH JUNE 30, 1987 c30a TABLE OF CONTENTS Page PREAMBLE....................................................... 1 ARTICLE I - RECOGNITION.. 2 ARTICLE II - MANAGEMENT RIGHTS................................. 2 ARTICLE III - NO STRIKE--NO LOCKOUT ............................ 3 ARTICLE IV - BULLETIN BOARDS................................... 3 ARTICLE V - BUSINESS AGENTS.................................... 3 ARTICLE VI - DUES CHECK OFF .................................... 4 ARTICLE VII - HOURS OF WORK .................................... 4 ARTICLE VIII - OVERTIME........................................ 7 ARTICLE IX - HOLIDAYS.......................................... 10 ARTICLE X - VACATIONS.......................................... 12 ARTICLE XI - SICK LEAVE.. .................................. 12 ARTICLE XII - SPECIAL LEAVES................................... 14 ARTICLE XIII - SENIORITY....................................... 18 ARTICLE XIV - DISCIPLINE....................................... 21 ARTICLE XV - INSURANCE....................... ..............".... 22 ARTICLE XVI - SAFETY........................................... 23 ARTICLE XVII - PERSONNEL TRANSACTIONS .......................... 24 ARTICLE XVIII - CLOTHING AND EQUIPMENT ......................... 24 ARTICLE XIX - RECOVERY AND REHABILITATION PROGRAM .............. 25 ARTICLE XX - GRIEVANCE PROCEDURE ............................... 25 ARTICLE XXI - PAY PLAN......................................... 28 ARTICLE XXII - AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT, AND WAIVER...................................... 29 ARTICLE XXIII - GENERAL CONDITIONS ............................. 29 ARTICLE XXIV - DURATION OF AGREEMENT ........................... 30 ARTICLE XXV - SAVINGS CLAUSE................................... 30 CLASSIFICATION PLAN............................................ 31 063 AGREEMENT OF THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL 0183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called 'Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effective- ness and efficiency of -the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: 30Lf ARTICLE I RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183,, as the sole and exclusive bargain- ing agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employees Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME Local 183, as the sole and exclusive bargaining agent for all Iowa•City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa City Public Employee Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the 1975 Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, finan- cially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agree- ment, nothing herein shall be construed to restrict, limit, or impair the right, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. 2 (3 66 g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. J. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in .any stri e a any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE IV BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Human Relations Director. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employ- ees. Union notices will be limited to designated spaces. ARTICLE V BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigat- ing matters relating to the administration of this Agreement. (306 Section 2. The Union shall notify the Human Relations Director after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Depart- ment Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE VI DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancella- tions received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE VII HOURS OF WORK Section 1. Definitions. Temporary Employees - Those who regularly work less than twenty (20) hours per wee regar ess of length of employment; or those who work in a position which is authorized for less than nine (9) months. When a temporary employee serves greater than nine (9) months averaging twenty (20) or more hours per week, the parties shall meet and confer as to the status of such employee; provided, however, such employee shall accrue sick leave, holiday and vacation time (prorated if part time) and shall accrue seniority for purposes c3D 'l of bidding pursuant to Section 5B of this Article. The parties may agree to waive the nine month provision in cases involving specially funded employees. Waiver of such requirement will not be unreasonably withheld. Casual Em to ees - Persons employed for brief, irregular periods or those who ON orm wort on a periodic basis. Seasonal Em to ees - Those who work in positions which relate to regular perio is wea er or climate conditions, or who work in positions which relate to phases of the school year. Permanent Em to ees - Persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employ- ment with the City. Full -Time: Those who regularly work forty (40) hours per week. Part -Time: Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (10) hour -per -week increments. Section 2. Regular Work Week. A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full -Time - Five Da 0 erations - The regular work week for permanent u - ime emp oyees s a egin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Permanent Full -Time - Continuous Shiayft Operations - (Work is regularly sc u e ours per ay, seven s per wee The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. Six and SevenDay Operations - The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin oar s within each division. Any performance change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. Section 4. Chanainq the Regular Hours of Work. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. Section 5. Temporary and Part -Time Employees. A. Permanent part-time employees shall be assigned a regular number of hours per week for the purpose of determining the City's benefit contribution. Benefits to permanent part-time employees will be prorated on the number of hours to which the employee has been assigned pursuant to Section 1 of this Article. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. B. Tem orar Em la ees. Temporary, seasonal, and casual employees are not entit a to sick leave, vacation, insurance benefits, seniority, holi- days, use of the grievance procedure, or any other benefits provided under this agreement, except as provided in Section 1 of this Article. Temporary employees may compete for permanent openings with the employer. Their seniority shall be computed from their last date of hire. However, permanent employees, regardless of length of service, will be given seniority preference over temporary Employees. C. Special program employees include those funded by CETA, work study, and similar programs. Such employees shall be considered as temporary employees. However, employees funded by CETA will receive benefits for which the City is reimbursed and which are either agreed upon in writing at the time of employment or at a later date. Special program employees become eligible to bid upon permanent City positions only if and when their positions are partially or fully funded by the City. However, permanent employees, regardless of length of service, shall be given seniority preference over special program employees. Section 6. Rest Periods. Except for the transit drivers the City will provide a fifteen 15 minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. Section 7. Meal Periods. The City will provide an unpaid lunch period of not less than r y ) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. Full-time bus drivers will be provided a thirty minute lunch break from Monday through Saturday of each week. Meal breaks will be scheduled near the middle of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift.. Deviations Section 8. employees will at the end of due to special or changed circumstances shall be negotiated. Clean-up Time. If be a owa minimum the work day. the nature of work performed requires it, of five (5) minutes for personal clean-up Section 9. Inclement Weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: .a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to holiday, vacation, compensatory time, or personal leave. c. Take leave without pay for the time missed. ARTICLE VIII OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exception: Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. e.g., Landfill employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. 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The City shall maintain and post (at least monthly) in.a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day the City will provide for one of the following: A rest period of one-half hour immediately following the work day, or One additional half-hour of paid compensation at the overtime rate. . This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand -By Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand-by will be compensated at a rate of six (6) hours at current base pay rate for each week of stand-by time. A call device and vehicle will be furnished to an employee on stand-by. Employees called to work shall be paid at the regular call-in rate for each call in accordance with Section 6 Minimum Call -In in additional to stand-by pay. Employees of the Street/Sanitation stand-by for the purpose of emergency rate of nine (9) hours at current bas time. Stand-by in these circumstances week increments. Such employees wil" vehicle. Department who are required to be on snow removal will be compensated at a e pay rate for each week of stand-by will be assigned in no less than one be furnished a call device, but no Section 5. ReRe ortin Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6. Minimum Call -In. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full-time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section B. Library Overtime. Permanent employees required to work on Sundays at the Library will receive six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of six (6) minute segments, an an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay checks. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. ARTICLE IX HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanks- giving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, 10 employees may select a particular day subject to the approval of the supervi- sor. If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Employee A receives credit for eighty-eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used holiday hours. He would be paid sixteen (16) hours of o� iT a Independence Day and Labor Day). e.g., Employee 8 receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence—Z—ayand Labor Day) have occurred prior to termination therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public- will be paid at a rate of one and one-half (1 1/2) times for the hours. actually worked and shall also receive regular holiday pay. Section 6. Permanent full-time employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive eight (8) hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part-time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Section 7. Holidays or personal leave days shall not be carried beyond July 1 of any year. 11 Section 8. Definition. "Continuous shift employees" as used in this article indicates o—se employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:3rA.M. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month accor ing o the following schedule: Length of Service 0-5 years 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years more than 20 years Days Per Pay Month 1 1 1/4 1 1/2 1 3/4 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2. Use of Vacation. An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. Pa ment of Accumulation. Upon discharge, resignation or retirement after six 6 months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE XI SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per mon—F danshall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumula- tion of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving worker's compensation. 12 (!:z i Z,- Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave at the time of resignation/retirement on the basis of the employee's then current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work' week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health mainte- nance needs. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, . father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence provided that the employee's presence and efforts are needed. c. The City may discipline employees for abuse of sick leave. Section 3. Notification. An employee shall notify his/her supervisor as soon as reasons ybl possible of any sickness of illness which will cause him/her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. Section 4. Sick Leave Bank Permanent employees in the bargaining Bank if they have exhausted their own seriously ill. Hours of sick leave 13 unit may draw from a Sick Leave sick leave accumulation and are shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash. c. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will deter- mine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire units and will develop policies to protect against abuse by individu- als. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. ARTICLE XII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) working days thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. 14 (3/ 7 Section 2. Funerals. An employee will be granted up to three (3) work days per incident�h no loss of compensation or accruals if required to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate house- hold. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of the supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employ- ees, by the Library Director, except in cases of medically necessary disabil- ity leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists, the employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. In the event an employee fails to return to work at the end of any such leave or extension, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Shall not receive any other accruals or job benefits during the period of absence. c. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. Must pay prorated health, dental, life and disability insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for 15 each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee or at the employee's option may be billed on a monthly basis. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular wor ours shall receive regular standard time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work -day shall return to work. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons and the City shall receive the witness fees up to the amount of compensation paid by the employee by the City for days testified. Section 6. MilitaryLeave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employment subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of deter- mining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employ- ment with the City. Section 7. VotinR Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasona- bly possible for him/her to vote during off hours. Section 8. Pre nanc Leave. A pregnant permanent employee shall be entitled to a leave o a sence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior 16 C3/9 to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall return to work as soon as she is medically able. Section 9. Union Business Leave. a. Any employee elected to office in the International American Federa- tion of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. b. Leave of absence without pay to attend and serve as a .delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any one employee under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to.be absent. c. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. Section 10. Professional Leave. The City and the Union agree that professional development is of bene it to employees designated as °profes- sionals° and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for profes- sional leaves: 17 Dao a. The potential benefit to b. The potential benefit to c. The work -relatedness of class, or convention that d. Who in the affected class e. Seniority. the employee. the employer. training program, is attended. conference, workshop, of employees went most recently. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE XIII SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become .applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disabil- ity as substantiated by a doctor's certificate or for on-the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. Section 2. Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: 1. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appoint- ment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. EI? (3a ) Section 3. Use of Seniorit *An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a notice which escribes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he/she' may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experi- ence of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. b. Reduction in Force. Reductions in force will be by departmental division accor ing to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary employees within classification (who are by definition without seniority) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. 3. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classifica- tion within their department; but, if no such person or position exists, the laid off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid off employee may bump the least senior employee in a job outside their classification and, if no such person or job exists, then the bargaining unit. 19 Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librar- ian, .dispatcher, planner/program analyst and construction inspector series) , and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. Bumping shall not result in any promotion. In no event shall a full-time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison of computation of time actually worked. The Union shall hold the City harmless and indemnify it for all suits, judgments, costs, fees or other expenses incurred due to any challenge made to the proper application of this Article, provided the Union is given prior notice of any such legal action and the opportunity to defend. c. Recall from La off. The names of permanent employees laid off shall e p ace on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to.the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their returning to work. d. Preferred Shift. Employees may use seniority to bid on a preferred 5 1 t or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Employee Option. A transferred employee shall be granted up to ten (10) days to determine he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. 20 3 a3 B. City Option. The length of the trial period for a person who is trans- ferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same ora ower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than one step higher. Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. ARTICLE XIV DISCIPLINE Section 1. Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrong- doers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or warning. b. Written reprimand or warning. c. Suspension with loss of pay. d. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. 21 oay Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE XV INSURANCE Section 1. Medical Insurance. The City will provide the health insur- ance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. The City will pay $135.00 per month or full family premium cost for employees who elect to obtain family coverage during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full family health insurance premium costs that are in excess of $135.00. A pro rate share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000 In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. 22 (3a5 Section 5. Carrier Change. The parties agree that the employer may change insurance carriers provided the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Section 6. LonTerm lis 'i' Insurance. Effective July 2, 1983, the City will provi a ong-term disa i ty insurance for permanent full-time bargaining unit employees with sixty percent (60%) coverage of salary to a maximum of one thousand five hundred dollars (;1,500) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. The City will absorb the cost of long-term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. The parties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment. ARTICLE XVI SAFETY Section 1. Policy. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately fo lowing the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in 23 Ga �, a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article XX Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5. Safety Committee. The Union shall select two (2) City employees as representatives to each department/division safety committee. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be for- warded at the time it is placed in the file. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. Section 3. Written warnings for minor infractions which are not over twelve (12) months old at the time of the regularly scheduled performance review will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Such notation shall be removed from the personnel file following eight months of service without any discipline. ARTICLE XVIII CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be pro- vided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Section 2. The employer will provide required protective clothing or protective devices, including up to $70.00 annually for the purchase of safety shoes. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. 24 (3a'7 ARTICLE XIX RECOVERY AND REHABILITATION PROGRAM Section 1.Voluntar Referral Service. The City will provide where possible a voluntary re erra service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the interest of providing efficient services to the pu is e i y recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be re- quested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resources. Alcoholism as an illness is not a cause for discipline and every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who Iden TTy personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence perform- ance. Nothing in this section relieves employees of responsibility for their conduct on the job. ARTICLE XX GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any ispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday for purposes of this section. Section 2. Representation. An employee who is a member of the bargain- ing unit covered y� this -dement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other confer- ences between supervisors and employees except with the supervisors's approval. The Union will certify the names and addresses of the designated stewards to the City Human Relations Director. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time 25 from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolu- tion. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it sha iTi ave further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensa- tion arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be repre- sented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The date of the oral presentation of the grievance shall be certified in writing. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step 2. B. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. The grievant, steward and department director shall meet in an attempt to resolve the grievance. The Department Director or Library Director shall, within a period of five (5) working days, investigate and document the grievance and issue a decision in writing thereon to grievants and steward, if applicable. Q C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within ten (10) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. The City Manager will investigate and respond to the grievant and steward within ten (10) working days. D. Arbitration. Grievances not resolved at Step 3 of the Grievance Proce- dure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days. following receipt of the City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request -by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party.shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. Section 5. Labor -Mans ememt Committee. The Labor -Management Committee shall consist of the persons esigna e y the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. 27 30o Meetings shall be no longer than two (2) hours in length unless extended by mutual agreement and shall be scheduled to alternate between the working hours and non -working hours of the labor members. The function of the Labor -Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor -Management Committee which are proper subjects for negotiations (e.g., new demands, changed circum- stances, requests for new language, etc.); and b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). ARTICLE XXI PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect on June' 28, 1985, shall be adjusted upward by four percent (4%) effective June 29, 1985. The resulting pay plan shall be further adjusted upward by four percent (4%) effective June 28, 1986: The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next eight years, for example, are as follows: 1985 June 29 1989 June 24 1986 June 28 1990 July 7 1987 June 27 1991 July 6 1988 June 25 1992 July 4 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City wi1-7justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. Section 3. Pay Plan. Each range of the pay classification plan will contain six (6) steps (A -F). Employees at Step A are eligible for review and an increase to Step B after six (6) months. Step A will be determined by the City unilaterally based on market information and other factors related to the particular job title for which the wage is being set. Employees on Steps B-E are eligible for review and an increase to the next step annually. Employees on Step F or those who are outside of the range are not eligible for step increases. This section will not operate to adversely affect any employee hired prior to Council ratification of the Agreement. W 0,31 Section 4. Equipment Mechanics Stipend. Each of the equipment division employees who it required �o prove e a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on a separate check on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $200.00 10 years 275.00 15 years 375.00 20 years 475.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. ARTICLE XXII AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. ARTICLE XXIII GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor -Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agree- ment. 41 saa Section 3. The City and the Union agree they will not act to discrimi- nate because of race, creed; color, sex, age, nationality, or political affiliation unless the reason .for the discrimination is job-related or otherwise allowed by law. ARTICLE XXIV DURATION OF AGREEMENT This agreement shall be in effect between July 1, 1985, and June 30, 1987. Furthermore, this contract shall continue from year to year subsequent to June 30, 1987, unless written notice to change or modify it is served by either party to the other prior to August 15 of the year preceding the expiration date of this agreement or any extension thereof. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their Agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. 011 c3 33 APPENDIX "A" CITY OF IOWA CITY CLASSIFICATION PLAN JUNE 29, 1985 O1 - Maintenance Worker I (Transit, Recreation & Gov't Bldg., Parking Systems, Public Housing) - Cashier (Parking, Treasury) - Clerk/Typist (Switchboard) 02 - Maintenance Worker (Streets) - Water Meter Reader - Clerk/Typist (Leased Housing, HIS) - Account Clerk (Accounting) - Library Clerk 03 - Maintenance Worker I (Water) - Parking Enforcement Attd. - Clerk/Typist (Treasury) - Sr. Clerk/Typist (Sr. Center, Purchasing, Minutetaker) - Duplicating Machine Operator - Maintenance Worker II (Cemetery, Landfill) 04 - Maintenance Worker I (Refuse) - Maintenance Worker II (Streets, Recreation, Parks, Pollution Control, Parking Systems, Traffic Engineering, Parking Systems Towing) - Clerk/Typist (Police Records) - Police Desk Clerk - Sr. Clerk/Typist (Pollution Control, Streets, Recreation) - Account Clerk (Treasury, Transit) - Mass Transportation Operator - Sr. Library Clerk 05 - Maintenance Worker II (Senior Center, Traffic Eng. Signs, Transit, Water Service, Water Meter Repair, Forestry) - Maintenance Worker III (Parts Clerk, Equipment) - Sr. Clerk/Typist (Treasury, Police Records) - Sr. Account Clerk (Accounting) 06 - Library Assistant I - Asst. TPO Pollution Control - Sr. Account Clerk (Treasury Utilities) - Police Dispatcher - Animal Control Officer - Housing Management Aide - Administrative Account Clerk (Accounting) - Civil Rights Assistant - Customer Service Rep. 31 33 V 07 - Production Coordinator (Broadband) - Maintenance Worker II (Refuse) - Maintenance Worker III (Parking Systems Meters, Water Office, Cemetery, CBD, Parking Night Crew, Transit) - Asst. TPO (Water) - Sr. Eng. Tech (Traffic Eng.) - Library Assistant II - Mechanic I - Engineering Tech. - Administrative Secretary (Recreation) - Body Repair Mechanic 08 - Maintenance Worker III (Traffic Eng., Landfill, Parks) - Sr. Engineering Tech. (Office, Engineering) - Library Assistant III - Buyer - Technical Asst. (PPD) - Mechanic II 09 - Maintenance Worker III (Poll. Control Collection, Streets, Parking Systems - Sr. Maintenance Worker (Parks Mowing) - Electrician - TPO (Water) - Graphics Technician - Construction Inspector I - Mechanic III 10 - Maintenance Worker III (Water) - Sr. Maintenance Worker (Streets) - TPO (Pollution Control) - Housing Specialist - Housing Inspector - Librarian I - Construction Inspector II 11 - Maintenance Worker III - Sr. Maintenance Worker - Electronics Technician - Building Inspector - Chemist - Accountant 12 - Rehab. Officer - Energy Coordinator Elec., Library) (Poll. Control Plant) (Parks Construction, Recreation) 13 - Sr. TPO (Water) - Sr. Construction Inspector - Rec. Program Supervisor - Librarian II - Sr. Engineering Tech (Survey) 32 �,3 S - Sr. Mechanic - Sr. Accountant (Accounting) 14 - Sr. Maintenance Worker (Landfill, Water Distribution, Pollution Control, Cemetery) - Associate Planner - Human Services Coordinator - Senior Librarian - Civil Engineer 15 - Sr. Maintenance Worker (Water Cust. Service) - Program Specialist (Sr. Center) 33 (7 t�t THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 CITY BY: :t -= `i21G BY: PRESIDENT IOWA CITY, IOWA ATTEST: %/%2Lcti,J�J CITY CLERK LIBRARY BOARD OF IOWA CITY, IOWA MEMBERS 34 331 EXHIBIT B IOWA 500 IOWA 500 HEALTH CARE COVERAGE P. 1 IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition ' Immunizations required by a Subscriber or any Person in a Subscriber's family , line. course, can help THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi -private room and board . Necessary services and supplies . Operating rooms, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services care PHYSICIAN SERVICES 90/10 • Hpme and office vists • One routine annual physical exam • Pre -natal and post -natal care in physician's office Immunizations Hospital visits and nursing facility visits Outpatient NERVOUS AND MENTAL 90/10 . Surgery Outpatient - 90/10 to $10,000 . Diagnositc x-ray and laboratory Lifetime Maximum. services . Accident care SKILLED NURSING FACILITY 90/10 . Un mited oom and Board HOME HEALTH CARE 90/10 . Services and supplies . Services provided by a Registered Nurse . Services prescribed by a physician ,339' P.2 THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other• services ■re subject t0 a $100 contract deductible per calendar year . Prescriptions Nursing Services . Anesthetics Private -duty nursing services . Blood plasma . Casts Ambulance . Crutches Air . Durable medical equipment . Ground .Other supplies when ordered by a Physician DEDUCTIBLES AND COPAYMENT Hospital - The Subscriber is responsible for the first two days of semi- private room and board. (One -day deductible option also is available). Per Hospital Admission. Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges. If the subscribers expenditures for hospital, physician, remaininghcharges upsto antotalamaxisum.expenditureiofr$500 1 0% of all Outpatient treatment for nervous and mental conditions is paid 90/10 co -payment until the $10,000 Lifetime Maximum is net. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE peruses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. 01WCovered Services � 2 day 90%10% 5100 deductbk 90%10% unW 5500 per oorltract morirun (3,39 Summary of Benefits DELTA DENTAL COVERAGE Doha Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and affective dental maintenance. More then W1* of the dentists In Iowa participate In the Delta Dental program. Delta Dental payment Is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program Includes a'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and your employees — and saves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copsyments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Pmvantive Maintenance benefit includes: a Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. r0112a ta' 2M P.3 Delta Dental Plan of town (3 zfn Deka Dental Plan of Iowa RATE QUOTATION PLAN 11 Program Benefits Deductible �Peym•nt SinglwTamlly © Preventive Maintenance (Annual) $ _ ® Routine Restorative % © Major Restorative $ " 50 ❑ Dental Prosthetics $ % ❑ Periodontics $ ❑ Orthodontics $ ❑ Dependents to age ❑ Full-time students ❑ Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ _ _ per month These rates guaranteed for 12 months beginning on 7-1-85 if purchased by 7-1-85 (date) (date) *Rates quoted here are based upon census information provided and acquiring and maintaining a minimum enrollment of SV,- of tonal eligible employees for the duration of the Contract. lutllorized Belpre srry 11 11 Date This is a general desc}iption of coverage. It is not a statement of contract. Actual coverage is subie<{ to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. PA Delta Dental Plan M-0111 ]aa 7M Of lova &ql LETTER OF UNDERSTANDING City of Iowa City and Local 183 of American Federation of State, County, and Municipal Employees, AFL-CIO It is understood between the parties that the purpose of this letter is to define what constitutes abuse of sick leave and to describe the mechanism which is used to advise employees that they may be abusing sick leave and may be subject to disciplinary action. Any disciplinary action is subject to the contractual grievance procedure. This letter will be appended to the FY86-87 agreement between the parties and shall remain in full force and effect during the contract period. The Human Relations Department will maintain records of the number of incidents of use of sick leave for each employee. An incident can have a urs alio of one or more consecutive days, and may involve use of sick leave for an employee or for a family member (as specified in the FY86-87 Agreement between the parties). An incident occurs for an absence resulting in use of sick leave, or upon the exhaustion of sick leave, use of unpaid leave in lieu of sick leave where a doctor's verification is absent. The following are specific exclusions as incidents: 1. Any incident which includes hospitalization or outpatient surgery. 2. Absence due to on-the-job injury. 3. Any medically verified medical or dental absence. 4. Absence resulting from the employee being sent home sick by the City or receiving permission to work a partial workday as part of their recuperative process. 5. Use of sick leave to supplement funeral leave. Chronic illnesses which adversely affect the employee's ability to perform regular duties will be dealt with on an individual basis and will be treated as an exception from determination of excessive use of sick leave, provided medical verification of the chronic nature of the illness is submitted. The employee may be asked to submit documentation to substantiate doctor/dentist appointments, hospitalization, surgery or chronic illnesses. Doctor's or a dentist's verification is intended only as a vehicle by which the City may scrutinize those cases where sick leave abuse may be suspected. The following schedule will be used in determining abuse of sick leave and the appropriate corrective action: Number of Incidents Required Action 5 Letter to employee explaining suspected abuse of sick leave from Human Relations Depart- ment. 6 Oral reprimand. 7 Written reprimand. 8 Written reprimand. 9 One day suspension. 10 Three day suspension. 11 Ten day suspension. Incidents over 11 in a base period may result in more severe disciplinary action. The following cleansing features will apply to determination of sick leave abuse. 1. The base period is 365 days. Incidents older than 365 days are ex- cluded, 2. For each incident - free 60 day period prior to the current incident, one incident will be excluded when considering discipline. 3. The date of the incident will always be the last day of the pay period in which the incident began. Pay period date is used due to computer data entry limitations. Actual dates of incidents can be obtained from Finance or departmental files. This side letter is effective during the FY86-87 contract. Anne Carroll, Director of Human Relations Charles Boldt, AFSCME Local 183 Dan Daly, P'r-esident, AFSCME Local 183 Dat Date ^' rs Date 043 RESOLUTION NO. 85-130 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) It was moved by Strait and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X 19 gPs ssed and approved this 14th day of Prot' Mayor Attest: 7970"") - -.� City Clerk May &h�4 CIGARETTE PERMITS: July 1, 1985 to June 30, 1986 May 14, 1985 Meeting 85-6 Peoples Drug #5281, 121 E. Washington 85-7 Peoples Drug #5276, 2425 Muscatine Avenue 85-8 Pester Marketing Company #59, 302 S. Dubuque Street 85-14 Pester Marketing Company #58, 606 S. Riverside Drive 85-17 George's Buffet, 312 Market 85-27 Leo's Standard Service, 130 N. Dubuque 85-33 BPO Elks #590, 637 Foster Road 85-35 Johnson County Jail Commissary, 511 S. Capital Street 85-36 Seatons Cash $ Carry Market, 1331 Muscatine Avenue 85-41 AM -PM Mini Mart Corporation, 2303 Muscatine Avenue 85-43 Amelon's Services, Inc., 204 N. Dubuque 85-48 Pearson's Drug Store, Inc., 202 N. Linn Street 85-54 John's Grocery Inc., 401 E. Market 85-83 Watts Food Market, 1603 Muscatine Avenue 85-123 Dickey's Save A Lot, 1213 S. Gilbert Court 85-140 Kmart Corp., 901 Hollywood Blvd. May 21, 1985 Meeting &//S RFs, ss -131 Dickson introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Strait, Ambrisco, Baker, Dickson ABSENT: McDonald, Zuber NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Res. 85-131 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA - CITY, IOWA WHEREAS, this Council, after a study of the require- ments, is of the opinion that it is necessary and desirable that portland cement concrete sidewalk be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct a portland cement concrete sidewalk, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Portland cement concrete sidewalk, four feet wide, four inches thick, with necessary grading, driveway, returns and miscellaneous, removal and replacement in front of properties as shown in the Preliminary Plat and Schedule of Assessments, on the streets following: Sheridan Avenue - South side from Oakland Avenue to Seventh Avenue -2- AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA &X(I Hollywood Boulevard - North side 2016 Hollywood Boulevard Capitol Street - West side from Benton Street to C.R.I.&P Railroad Pleasant Street - East side from Rochester Avenue to Bloomington Street Pleasant Street - West side from Rochester Avenue to Bloomington Street Harlocke Street - North Side Harlocke Street - South Side Rochester Avenue - South side from Post Road to Mount Vernon Drive Benton Street - South side from Mormon Trek Blvd. to Teg Drive Dover Street - West side in front of Mercer Park Friendship Street - South side from Seventh Avenue to First Avenue Friendship Street - North side from Seventh Avenue to First Avenue Bloomington Street - North side from Reno Street East Bloomington Street - South side from Mott Street East Weeber Street - West side from Harlocke Street to Benton Street Weeber Street - East side from Harlocke Street to Benton Street First Avenue - West side from Court Street to Rochester Avenue Subdivision C. That the City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and spe- -3- AHLERS, COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA J 5'7 cifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: Properties in front of which the sidewalk improvements are constructed. Subdivision E. The said improvement shall be designated as the FY1986 Sidewalk Assessment Project", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 14th day of May , 1985. ATTEST: Clerk I. pro feM Mayor -4- ANLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 3415, Dickson introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Strait, Ambrisco, Baker, Dickson ABSENT McDonald, Zuber NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RES. 8S-132 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the FY1986 Sidewalk Assessment Project, said valuation being set forth in a preliminary schedule entitled "Schedule of Assessment", under the column therein headed "Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boun- daries of said improvements and the Clerk is hereby directed to forthwith deliver the same to the City Engineer, the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 14th day of May , 1985. ATTEST: Clerk Pro QM Mayor -5- AHLERS, COONEY. DORWEILER, HAYNIE. SMITH 6 ALLBEE, LAWYERS. DES MOINES, IOWA 35/% Dickson introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY1986 SIDEWALK ASSESSMENT PROJECT" and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Strait, Ambrisco, Baker Dickson ABSENT : McDonald, Zuber NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Res. 8S-133 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY1986 SIDEWALK ASSESSMENT PROJECT WHEREAS, this Council has caused to be prepared prelimi- nary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the FY1986 Sidewalk Assessment Project, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, the Council finds that each lot separately assessed in the schedule of assessments meets the definition of a lot as described in Iowa Code Section 384.37(5) or in the case of lots consisting of multiple parcels that the parcels have been assembled into a single unit for the purpose of use or development; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the -6- AHLERS, COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 350 proposed plat, schedule, estimate of cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer plat, be and the same are hereby fixed as the boun- daries for said FY1986 Sidewalk Assessment Project. PASSED AND APPROVED, this 14th day of May , 1985. Wp 0-Tre mayor ATTEST: a A;A ,, ) :4� :ea AA � Cler —7— AHLERS, COONEY. DORWEILER, HAYNIE. SMITH S ALLSEE, LAWYERS, DES MOINES, IOWA c 3Sl Dickson introduced the following Resolution entitled "RESOLUTION OF NECESSITY (PROPOSED)", and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Strait, Ambrisco, Baker, Dickson ABSENT : McDonald, Zuber NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Res. 8S-134 RESOLUTION OF NECESSITY (PROPOSED) WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the FY1986 Sidewalk Assessment Project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the FY1986 Sidewalk Assessment Project, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution. The method of construction shall be by contract. —8— A.LERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLSEE, LAWYERS, DES MOINES, IOWA Costs of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 25% of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 7:30 o'clock P.M., on the 4th day of Jame , 1985, in the Council Chambers, Civic Center, 410 E. Washington St., for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this Resolution, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment pro- cedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substan- tially the following form: -9- AHLERS, COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA Q55,3 U11Y '- IUVvA CITY CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319)356-5001D NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sidewalk improvement, designated as the FY1986 Sidewalk Assessment Project, of the types and in the location as follows: Portland cement concrete sidewalk, four feet wide, four inches thick, with necessary grading, driveway, returns and miscellaneous, removal and replacement in front of properties as shown in the Preliminary Plat and Schedule of Assessments, on the streets following: Sheridan Avenue - South side from Oakland Avenue to Seventh Avenue. Hollywood Boulevard - North side 2016 Hollywood Boulevard. Capitol Street - West side from Benton Street to C.R.I.&P. Railroad. Pleasant Street - East side from Rochester Avenue to Bloomington Street. Pleasant Street - West side from Rochester Avenue to Bloomington Street. Harlocke Street - North side. Harlocke Street - South side. Rochester Avenue - South side from Post Road to Mount Vernon Drive. Benton Street - South side from Mormon Trek Boulevard to Teg Drive. Dover Street - West side in front of Mercer Park. Friendship Street - South side from Seventh Avenue to First Avenue. Friendship Street - North side from Seventh Avenue to First Avenue. Bloomington Street - North Side from Reno Street east. Bloomington Street - South Side from Mott Street east. Weeber Street - West side from Harlocke Street to Benton Street. Weeber Street - East side from Harlocke Street to Benton Street. First Avenue - West side from Court Street to Rochester Avenue. X35'1 That the propo! district to be benefited and .„jject to assessment for the cost of such improvements is described as follows: Properties in front of which the sidewalk improvements are constructed. The Council will meet at 7:30 o'clock p.m., on the 4th day of June, 1985, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improve- ment, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Ne- cessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he had filed objections with the Clerk. This.Notice is given by authority of the Council of the City of Iowa City, Iowa. INTRODUCED AND PROPOSED at a meeting held on the 14th day of May , 1985. Prli tem Mayor ATTEST: -12- AHLERS. COONEY, DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES, IOWA 1S6Z' RESOLUTION NO. 85-135 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) It was moved by Ambrisco and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: NAYS: ABSENT: X X X Passed and approved this 21st 19 85 Attes : V*'�F C'ty Clerk day of May , j51/ AYES: Ambrisco X Baker X Dickson X Erdahl McDonald X Strait Zuber NAYS: ABSENT: X X X Passed and approved this 21st 19 85 Attes : V*'�F C'ty Clerk day of May , j51/ May 21, 1985 Meeting 85-1 The Airliner, 22 South Clinton 85-3 Colonial Bowling Lanes, 2253 Hwy. 218 S. 85-18 QuikTrip Corp. #503, 23 W. Benton 85-19 QuikTrip Corp. #509, 323 W. Burlington 85-20 QuikTrip Corp. #539, 301 Market 85-21 QuikTrip Corp. #548, 955 Mormon Trek 85-22 QuikTrip Corp. #552, 25 W. Burlington 85-45 LF,M Mighty Shop, 504 E. Burlington 85-49 Towncrest DX Service, 2611 Muscatine Avenue 85-154 Howard Johnson's 85-81 American College Testing Program, Hwy. 1 $ I-80 85-82 Moore Business Forms, Hwy.218 85-88 Discount Den of Iowa, Inc., 117 E. College Street 85-124 The Brown Bottle, 111 E. Washington 86-1 Dan's Mustang Market, 933 South Clinton 85-4 Eagle Discount Center #157, 600 N. Dodge Street 85-5 Eagle Discount Center #220, 1101 S. Riverside Drive 85-125 Hill Top DX, 1123 N. Dodge Street 85-9 Hy -Vee Food Store #1, 501 Hollywood Blvd. 85-10 Hy -Vee Food Store #2, 310 N. 1st Avenue 85-11 Hy -Vee Food Store #3, 1201 N. Dodge 85-12 Hy -Vee Drug -town #1, 521 Hollywood Blvd. 85-13 Hy -Vee Drugtown #2, 1221 N. Dodge 85-126 Sinclair Marketing, Inc., 731 South Riverside Drive 85-127 Sinclair Marketing, Inc., Hwy. 1 North R.R. 2 85-32 Harris Discount, 71 Commercial Drive 85-47 Yen Ching Restaurant, 1803 Boyrum Street 85-84 7 -Eleven Store #18048, 820 1st Avenue 3,59 RESOLUTION NO. 85-136 RESOLUTION ADOPTING SUPPLEMENT NUMBER 24 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 24th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 24 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 24 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson Erdahl X McDonald _ X Strait — C5— Zuber Passed and approved this 21st day of May 1985 . )Ydd� ATTES4(&CI! LERK Recelvod & Approver. By The legal Department 5 14 85 RESOLUTION NO. 85-137 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY86 LANDFILL EXCAVATION 1211DJPLT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HE RING, AND DIRECTING 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: I. 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 4th day of June , 1985 , 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Dickson resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl R McDonald X Strait X Zuber Passed and approved this 21st day of May 19 85. ATTEST.,,4u�sr/ 2�',d v CITY CL RK that the Rewi�.ed E Approvc aY ho Legal pepart►nent �n RESOLUTION NO. 85-138 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OUBUOIF STREET PARKIN RAMP ExPANSIQN pROjECT AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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 4th day of June , 1985 , 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Dickson resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -x Ambrisco x Baker x _ Dickson X Erdahl x McDonald X Strait X Zuber Passed and approved this 21st day of May 1985 that the ey The lc�gsl De arhr�enf s is 8 _� �'I OOA RESOLUTION NO. 85-139 A RESOLUTION DIRECTING THE PUBLICATION OF A NOTICE OF PROPOSAL TO ADOPT A SUPPLEMENTAL RESOLUTION TO INCREASE THE ISSUANCE GRANTED BY PRELIMINARY APPROVAL FROM $2,450,000 TO $2,500,OOOAND A NOTICE OF INTENTION TO ISSUE $400,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MILLARD WAREHOUSE PROJECT), SERIES C OF THE CITY OF IOWA CITY, IOWA, AND CALLING A PUBLIC HEARING ON THE PROPOSAL TO ADOPT THE SUPPLEMENTAL RESOLUTION AND TO ISSUE SAID BONDS. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City'), is a municipal corporation organized and existing under the laws and constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue bonds and loan the proceeds from the sale of said Bonds to one or more parties for the purpose of acquiring land and constructing a building and other improvements which shall be suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing or distributing products of agriculture, which will be located within or near the corporate boundaries of the City (hereinafter referred to as the "Project"); and WHEREAS, the City is authorized by the Act to issue Industrial Development Revenue Bonds secured by a mortgage on all or any part of the Project acquired, constructed, improved or equipped, through the issuance of such revenue bonds and payable solely out of the revenues derived from the agreement pursuant to which the proceeds from the sale of said Industrial Development Revenue Bonds are loaned to the owner of the Project; and WHEREAS, the City previously approved the request by Larry A. Larsen d/b/a Millard Warehouse (the "Company"), to authorize and issue its Industrial Development Revenue Bonds in the amount of $2,450,000 pursuant to the provisions of the Act for the purpose of defraying the cost of the acquisition, construction, improving and equipping of the Project; and WHEREAS, there remains a total of $350,000 of the aforementioned total $2,450,000 initial issue authorization for the completion of the aforementioned Millard Warehouse Project; and WHEREAS, there have been certain cost overruns in the construction and improvement cost of the aforementioned Millard Warehouse Project which total $50,000, those cost overruns caused by unanticipated events, including, but not limited to inflation, but not caused by any material change in nature, character, purpose or capacity of the facility as set forth in the initial resolution authorizing the issue of the aforementioned Bonds; and WHEREAS, the facility to be completed with the increased amount for the aforementioned cost overruns shall remain substantially the same facility as the one originally considered by the City in the original Intent Resolution; and WHEREAS, it is necessary for the City to pass a Supplemental Resolution increasing the initial authorization granted by the aforementioned preliminary approval from $2,450,000 to $2,500,000; and WHEREAS, before the Supplemental Resolution may be adopted and before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to adopt the Supplemental Resolution and on the proposal to issue the Bonds, all as required and provided by the Act. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: Section 1. A public hearing shall be conducted on June 18 , 1985, at 7:30 o'clock P.M., before this City Council in the Council Chambers of the City Hall in the City of Iowa City, Iowa, on the proposal to adopt a Supplemental Resolution to increase the issuance granted by preliminary approval from $2,450,000 to $2,500,00 and on the proposal to issue $400,000 aggregate principal amount of the city's Industrial Development Revenue Bonds (Millard Warehouse Project), Series C, pursuant to the provisions of the Act, for the purpose of defraying the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to adopt the Supplemental Resolution to increase the issuance granted by the preliminary approval from $2,450,000 to $2,500.000 and the Resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time not less than fifteen (15) days prior to the date fixed for said hearing, in the prPss—f.iriven , a legal newspaper published and having a general circulation within the City, a notice of proposal to adopt a Supplemental Resolution to increase the issuance granted by preliminary approval from $2,450,000 to $2,500,000 and notice of intention to issue said Bonds in substantially the following form: Section 3. All resolutions and orders or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and this resolution shall be in full force and effect immediately upon its adoption. ADOPTED this 21St day of May , 1985. ATTEST: City Clerk (SEAL) 3 Mayor It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 21st day of May , 1985 134„5 RESOLUTION NO. 85-140 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT PLAN FOR MACBRIDE ADDITION, INC., LOT 2 BDI SECOND ADDITION ON HEINZ ROAD. WHEREAS, the owner, Macbride Addition, Inc., has filed with the City Clerk of Iowa City, an application for approval of a preliminary and final Large Scale Non -Residential Development Plan for Lot 2 BDI Second Addition; and WHEREAS, said Large Scale Non -Residential Development is for the construction of a speculative warehouse/industrial use building; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final Large Scale Non - Residential Development Plan and have recommended approval of same; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan has been examined by the Planning & Zoning Commission and after due delibera- tion the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan is found to conform with all of the pertinent requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final Large Scale Non -Residential Development Plan of Macbride Addition, Inc., Lot 2 BDI Second Addition is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa is hereby authorized and directed to certify the approval of this resolution and of said plan after passage and approval by law; and the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Ambrisco and seconded by the Resolution be adopted, an upon ro call there were: Dickson AYES: NAYS: ABSENT: X Ambrisco �— Baker X Dickson X Erdahl X McDonald X Strait �— Zuber Passed and approved this 21st day ATTEST: 1985. Recelved $ Approveii By The Legal Department ireo, ,vn. RESOLUTION NO. 85-141 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR 510 CLINTON STREET COMPLEX WHEREAS, the owners, George Nagle and Michael Furman, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the large scale residential development plan of 510 Clinton Street complex. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plan and have recommended approval of same; and WHEREAS, the preliminary and final plan have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that it be accepted and approved; and WHEREAS, the preliminary and final plan are found to conform with the requirements of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE I•T RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary and final large scale residential development plan for 510 Clinton Street complex is hereby approved with a waiver of the contour requirement on the preliminary plat. And that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution and of the preliminary and final plan after passage and approval by law; and the owner shall record them at the Office of the County Recorder of Johnson County, Iowa before the issuance of any building permits is authorized. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson XErdahl X McDonald X Strait X Zuber Passed and approved this 21st day of May 1985. ATTEST. Received & A T CLERK Pprsved By The Lepai De rtment 177 <�')ti 7 RESOLUTION N0. 85-142 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HANDTCAPPFTI ACCFRRT111.F DITRI Tr ESTABLISHING AM1fOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 100 of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 11:00 A.M. on the 11th day of June 19 85. Thereafter, the bids wtbe opened by the City Engineer or his esignee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 18th day of June 1 1985 It was moved by Dickson and seconded by_ Ambrisco resolution as read be adopted, an upon roll call there were: that the AYES: NAYS: ABSENT: . X — Ambrisco X — Baker X — Dickson — X Erdahl X — — McDonald — -- X Strait — X Zuber Passed and approved this 21st day of May 19-85. MAYOR ATTEST. Rec0tv0d a Approveil ,� My ° LSal a srtment ITYieo� CCLERK S � � CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Johnson County, lows and to the Stste Comptroller: The Council of the City of In said county (counties) met on_Mav 21 at the place and hour set In the notice, a copy of whic accompanies this certificate and Is certified as to publication. Upon to Ing up the proposed amendment, It was considered and taxpayers were heard for or against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final con• sideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any'. Thereupon, the following resolution was Introduced: RESOLUTION No.8585-143 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 19 85 Be It Resolved by the Council of the City of Iowa City ,Iowa: Section 1. Following notice published_ May 15 19--E5— and the public hearing held Ma 21 19 85 , the current budget (as previously amended) is amended as set out herein and in the detail by fund and activity that supports this resolution which was considered at that hearing: CURRENT GOVERNMENTAL FUNDS AME- tAs I I AMOUNT OF NDE D CHANGE 1 Tolel Bea 3. Transfers In xxxxxxxxx 4. State -Shared Revenue 2 5. Property Tec Asking 3 724 4 6. TOTAL RESOURCES 20 7. Less: Working Balance 7 296 10 N4. (Reserve) 6. Less: Transfers out 3 I a. Net Resources for 7 296 10; Appropriations 15 t 10. Community Proleclion f 11. Human Development 3 12. Home and Community Environment 5 C 13. Policy and Administration 214 14. TOTAL APPROPRIATIONS15.9 CURRENT PROPRIETARY 6 INT. SERV. FUNDS AS CERTIFIED 1 364 xxxxxxxxx 1 526 12,799,2( 8 3 724 4 3 609 1 778 67 3 536 7 296 10 i 313 I 44 -- 7 296 10; ,536 __ Reason: To permit h xpPndittlres f undaticipated 11171POCumbered r ah balances and unanticipated receipts. PROGRAM TOTALS FROM: 15. TO: 16. Passed this 21st day of May 79 85 932 4411 4,746,150 607 965 7 704 148 19725621 2,086,871 xxxxxxxxx I xxxxtDODoc 737,96814,537,169 M= NNW MM 07 1 264,7661 7,560 Reason: To permit the expenditures of Itnantirinated I'nPnrlimbprpd cash balances and unantici ated receipts. Attest: Yol Vote I by names): Ayes: Baker, Dickson, McDonald, Ambrisco Absent- Erdah1, Strait, Zuber Cil Llp, ' _ Nays: None I hereby certify the above trent achene to be a true copy of the precedingof thaeColuncil Tl�^ 71 and the resoluli s passed In the above molter. �ist 'An owait mc,n.n In Me budg.l o, a mqn, change In InsVropo{i'. F.en.,a(e WIA'e.nploprllmeo,egl�' 3/ Gal lea W,e n hr. en L.. e„n n....... YYJJ Form 65X 01"894 1901 AR f LNAMBEI6 CO., BAVENPOR7, IOWA NOTICE OF PUBLIC HEARII.,. AMENDMENT OF CURRENT CITY BUDGET The Council o1 the City o1 Iowa City In __Johnson County, treat of county or counlieo lowa,willmeetat 410 E. Washing o(S re at fivir Center (place of meeting)—at. Z;3f) D„m _ on May 21(hour) (date) , 19-85 . for the purpose of amending the current budget of the city for the fiscal year ending June 30, 19__8_5_, by changing estimates of revenue and expenditure appropriations in the following funds and programs and for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund and by activity. FOR CURRENT GOVERNMENTAL FUNDS RESOURCES: Total M as Certified — - Current 932 441 Total Budget after Current Total Beginning Fund Balances or Last Amended 2,091,006 Amendment 1,052.2og Amendment Income Other Than Property Tax 2,086,871 Total Resources 12 799,201 1,737,968 14,537,169 Less: Reserves; Sinking Funds 3,724,423 247,668 Transfers In 3,149,083 1,720,870=7,560,873 103,372 Net Resources for Appropriations 7,296,107 264,766 State -Shared Revenue 2,326,396 Human Development Home & Community Environment 7.296.1n7 Property Tax Asking 9 505 174 (13,810) Total Appropriations 7,296,107 264,766 Total Resources 20,925,703 1 735 82322,661,526 Less: Working Balance (Reserve) 1,390,157 373 224 1,763,381 Less: Transfers out 3,557,610 951 999 4,509,609 Net Resources for Appropriations 15,977,936 410,600 16,388,536 APPROPRIATIONS: Community Protection 4 639 468 (613,1W 4,026,313 Human Development 3_n04-818 49,026 Home & Community Environment 5,903,995 386 848 — 3,053,844 6,290,843 Policy and Administration 3-017 5366 Total Appropriations 15 977 936 410 600 16 388 536 MnO CURRE NT PROPRIETARY AND INTERNAL SERVICE FUNnc RESOURCES: Total Beginning Fund Balances 3,813,709 932 441 4,746,150 Revenue 7,096 183 607 965 7,704,148 Transfers In 1,889,309 197 562 2,086,871 Total Resources 12 799,201 1,737,968 14,537,169 Less: Reserves; Sinking Funds 3,724,423 247,668 3,476,755 Less: Transfers out 1,778,671 1,720,870=7,560,873 Net Resources for Appropriations 7,296,107 264,766 APPROPRIATIONS: Human Development Home & Community Environment 7.296.1n7 7.sisn-873 Policy and Administration Total Appropriations 7,296,107 264,766 Explanations of i ncreases or decreases to revenue estimates, appropriations, or available cash in governmental or proprietary funds: to permit the -expenditures of unantiripated, unencumb rPd ash halan c and Unanticipated receipts There will be no increase in tax levies to be paid in the current fiscal year named above. Any in- crease in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. Cay Clerk �1r uutwns. ruousn an the aoove except if there Is no change to one of the above funds, omit that section. Publish once. Designed for 6 -inch spread if published in a newspaper. Certification of Publication: I hereby certify that the above notice was published (posted in three Public places as established by ordinance)(in ) (name of ne,vfpapar) on 19 _// lSl' c Clerk RESOLUTION NO. 85-144 RESOLUTION ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEAR ENDING JUNE 30, 1985 WHEREAS, a public hearing was held on May 21, 1985, to allow the public to consider the Capital Projects Fund Budget, and WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt the Capital Projects Fund Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council hereby adopts the Capital Projects Fund Budget for FY85 which is attached to this resolution and by this reference made a part hereof. It was moved by Ambrisco and seconded by the Resolution be adopted, and upon roll call there were: Baker AYES: NAYS: ABSENT: X AMBRISCO X BAKER DICKSON —7— ERDAHL MCDONALD �— STRAIT �— ZUBER Passed and approved this 21st day of May , 1985. Q� MAYOR ATTEST 'c � rr.�J /Gf�f ��47 17ITY CLERK 1 40 - ReCeiveri & AppvuVa— gy The Lebal Depnrhn=nt 70 RESOLUTION NO. 85-145 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF MELROSE COURT IMPROVEMENT'S PROJECT WHEREAS, Me has submitted tTie be above-named project. i �, 0, P'e'r r the construction o IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, I. That the contract for the construction of the above-named project is hereby awarded to Metro Pavers Inc. subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Ambrisco and seconded by Dickson the resolution as read be adopted, an upon roll call there were. AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _ X Erdahl X McDonald _ X Strait X Zuber that Passed and approved this 21st day of May 1985 . ATTEST: ur/7�af� CITY CLERK By The is--c-yl V:a//�IP1 {ilh 1.1 3 �/ RESOLUTION NO. 85-146 RESOLUTION ESTABLISHING A RESIDENTIAL SOLID WASTE COLLECTION FEE WHEREAS, Resolution No. 83-134 established a residential solid waste collec- tion fee, and, WHEREAS, the City Council during its FY86 budget deliberations approved an increase in the residential solid waste collection fee, and, WHEREAS, the rate increase is being structured to make the solid waste collection operations self-supporting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The residential solid waste collection fee shall be $4.30 per month for each dwelling unit, and $2.15 each month for each rooming unit. This fee shall be effective with the water/sewer/refuse billings that go out beginning August 14, 1985. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco �- Baker Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 21st of May 1985. D D k"aca`vod & APPMve4 �Y Th Leq:,I IFeparh»eitt S ►6 BS RESOLUTION NO. 85-147 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH TRINITY EPISCOPAL CHURCH FOR THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. WHEREAS, the City has applied to the Child Nutrition Programs, Division of the Iowa Department of Public Instruction for the Sumner Food Service Program for Children granted by the U.S. Department of Agriculture; and WHEREAS, the City wishes to sponsor Trinity Episcopal Church in providing free lunches to eligible children utilizing U.S. Department of Agriculture Summer Food Service Program for Children funds to operate this program; and WHEREAS, the City's sponsorship of Trinity Episcopal Church is contingent on the approval of the application to the Child Nutrition Programs, Division of the Iowa Department of Public Instruction for the Summer Food Service Program for Children. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Trinity Episcopal Church for the Summer Food Service Program for Children. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl McDonald X Strait X Zuber Passed and approved this 21st day, of May 1985. ATTESTIOD i eoofvM A Appmved By The Legal Department �3 7.3 Agreement Between the City of Iowa City and Trinity Episcopal Church for the Summer Food Service Program for Children THIS AGREEMENT, entered into on this 21st day of May, 1985, by and between the City of Iowa City, Iowa, a municipal corporation, (herein referred to as the "City,") and Trinity Episcopal Church (herein referred to as "TEC"); and WHEREAS, the City has applied to the Child Nutrition Programs, Division of the Iowa Department of Public Instruction (herein referred to as "CNP/DPI") for the Summer Food Service Program for Children (herein referred to as "SFSPC") granted by the U.S. Department of Agriculture (herein referred to as "USDA"); and WHEREAS, the City wishes to sponsor TEC in providing free lunches to eligible children utilizing USDA SFSPC funds to operate this program; and WHEREAS, the City's sponsorship of Trinity Episcopal Church is contingent on the approval of the application to the CNP/DPI for the SFSPC. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: I. PURPOSE AND SCOPE OF SERVICES: A. TEC shall provide free lunches to children June 17 -August 9, 1985. At least 50 percent of the children enrolled at each site must meet the USDA Secretary's Guidelines for determining eligibility for free and reduced price school meals. Meals may be distributed only at the two sites named in the application: Mark IV Community Center and Mercer Park. 1. As used in paragraph A above, "children" is defined as (1) persons 18 years of age and under; (2) persons over 18 years of age who are determined by a state educational agency or a local public educational agency of a state to be mentally or physically handicapped and who participates in a public or non-profit private school program established for the mentally or physically handicapped. B. TEC shall perform the following working services in a manner satis- factory to the City: 1. TEC shall have state or local health certification and shall ensure that all health and sanitation requirements are met at all times. 2. All menus shall meet the meal requirements as specified in Section 225.20 of the Summer Food Service Program for Children Regulations. The City shall provide TEC with a copy of said regulations, and TEC hereby acknowledges receipt of said regula- tions. 3 �7q F 3. All meals shall meet the requirements as specified in Section 225.20 of the Summer Food Service Program for Children Regula- tions. 4. Unitized meals shall be delivered to the Mercer Park site from 11:30 to 11:50 and to the Mark IV Community Center site from 12:00 to 12:20. 5. TEC shall serve a maximum of 100 meals per day unless it has received prior approval from the City and the CNP/DPI. 6. TEC shall provide the USDA SFSPC mandated training required for all food preparers and site personnel by June 14, 1985. II. TIME OF PERFORMANCE: This agreement shall commence upon execution by the parties and shall terminate August 23, 1985. III. REIMBURSEMENT AND METHOD OF PAYMENT: The City shall reimburse TEC for food, labor, administrative and other costs incurred in the administration of the program and the preparation and disbursement of qualified meals. TEC shall be reimbursed the cost of preparing each meal to a maximum of $1.55. This includes $1.53 per meal for direct meal preparation costs and $.02 per meal for administra- tive costs. No payment shall be made for meals that do not meet nutritional require- ments, are spoiled or unwholesome at the time of delivery, or do not otherwise meet the requirements of the contract. In the event that TEC is unable to undertake the projects set forth in this Summer Food Program for Children or if the program is terminated, all unobligated funds shall be returned to the City. IV. GENERAL ADMINISTRATION: A. Employment TEC shall be responsible for the administration of the program and the selection of program personnel. B. Accounting and Progress Reports 1. TEC shall file program expenditure reports at least once per month by July 1st for the first two weeks ending June 28th, August 1st for July, and August 15th for the final seven days. Reimbursement shall be made upon presentation of reports detailing program expenditures for the applicable period. TEC may submit reports by the 5th day of the month for reimbursement by the 13th day of the month, by the 15th for reimbursement by the 23rd, and by the 25th day for reimbursement by the 1st day of the following month. 0 75 3 2. The program expenditure reports should include the cost per meal, the number of meals served and a summary showing total Food, Labor, Administrative and Other costs by category for the corresponding period. These figures should be supported by the related properly executed invoices, time records, meal tallies and inventory records (if applicable). 3. Not later than August 15, 1985, TEC shall provide the City with a summary showing total actual expenditures for Food, Labor, Administrative and Other costs incurred during the duration of the project. This report shall also include the total number of meals served and a cost per meal. 4. TEC shall direct all correspondence concerning this agreement to the Office of the Human Services Coordinator with the City. C. Other Reports, Audits and Inspections 1. TEC shall furnish the City or CNP/DPI with such statements, records, data, and information as the City or CNP/DPI reasonably requests pertaining to this agreement within the time re- quested. 2. At any time during normal business hours, there shall be made available to the City and/or CNP/DPI or their duly authorized representatives, all of TEC records with respect to this agreement in order to permit examination of any audits, in- voices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. 3. TEC shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement, in accordance with the contract and procurement standards referred to in the Office of Management and Budget Circular A-102. D. On -Site Visits 1. A representative of the City shall conduct an on-site visit of each site once in the first week and again within the first month of operation. 2. The Human Services Coordinator of the City shall meet with the Site Supervisor if modifications are needed in any of the following areas: meal food requirements; food distribution procedures; and program records, fiscal records, or meal distribution records. E. TEC shall maintain in full force and effect a comprehensive liabil- ity insurance policy executed by a company licensed to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: 0 74 4 To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of TEC to maintain such a policy shall constitute immediate termination of this agreement and all right and privileges contained herein. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. V. TERMS AND CONDITIONS: This agreement shall be subject to the following terms and conditions, to -wit: A. Equal Employment Opportunity TEC shall not permit any of the following practices: Discharge from employment, refuse to hire or discriminate against any individuals in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. B. Non-discrimination in Services TEC shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation or disability. C. Termination This agreement may be terminated either party. If the program is shall be returned to the City. D. Interest of TEC upon a ten-day written notice by terminated, all unobligated funds TEC covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services under this agreement. TEC further covenants that in the performance of this agreement no person having such an interest shall be employed by TEC. E. Assignability TEC shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. F. Hold Harmless Provision TEC shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, costs, damage, torts, wrongdoings or criminal action caused by persons employed by or under the supervision of the TEC and expense (including reasonable attor- ney's fees and court costs) resulting from or incurred by reason of any action based upon the performance of this agreement. V. CONTINGENCY This agreement is contingent upon the approval of the City's application to the CNP/DPI for the SFSPC, and in the event such application is not approved, this agreement shall be null and void. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of this 21st day of May, 1985. For "e City of Iowa City, Iowa Retehred $ Approved By The Legal Department s 1s 8! For Trinity Episcopal Church: TZ.«�L NAME TITLE ".31 RESOLUTION NO. 85-148 RESOLUTION TO ADOPT AN AMENDMENT TO THE INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY, IOWA, ENLARGING THE CHAPTER 403 AREA ELIGIBLE TO APPLY FOR INDUSTRIAL REVENUE BONDS. WHEREAS, Iowa municipalities are empowered to issue Industrial Revenue Bonds pursuant to Chapter 419 of the Code of Iowa and the City of Iowa City adopted a Neighborhood Development Plan to meet the requirements of Chapter 403 of the Code of Iowa on February 1, 1977 (Resolution No. 77-29); WHEREAS, Chapter 419 of the Code of Iowa permits areas designated by Chapter 403 of the Code of Iowa prior to July 1, 1979 to be eligible to apply for industrial revenue bonds; WHEREAS, the City of Iowa City adopted an Industrial Revenue Bond Policy on October 21, 1980 (Resolution 80-474), and amended by various resolu- tions; and WHEREAS, the City of Iowa City wishes to encourage medium and high density housing with certain commercial and office uses in and near downtown Iowa City as expressed in the City's Comprehensive Plan adopted May 30, 1978, and the Comprehensive Plan Update adopted February 15, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Industrial Revenue Bond Policy map of eligible areas for the City of Iowa City be amended as follows: 1. To extend the designated area to include the following platted lots in the County Seat Addition of Iowa City, Iowa: All of Blocks 1, 9, 10, 11 and 12; Lot i and the western half of Lots 7 and 8 of Block 7; Lots 5, 6, 7 and the southwest corner of Lot 4, as recorded in Book 498, p. 421 in the Johnson County Recorder's Office, of Block 8; and Lots 1, 2, 3, 4, 5 and 6 of Block 13. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 21st days of May , 1985. ATTEST Received $ Approvod By The De arfm W ��79 ATTACHMENT A ELIGIBLE AREA: INDUSTRIAL REVENUE BONDS e ''i Enabling Resolutions Containing Legal Descriptions: Resolution No. 80-474 Resolution No. 81-266 Resolution No. 81-290 Resolution No. 82-271 Resolution No. 83-418 Resolution No. 84-122 Resolution No. 85-148 RESOLUTION NO. 85-149 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC HOUSING PROJECT 22-4 WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter a revised contract (herein called the "Annual Contribu- tions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorpo- rated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro Tem is hereby authorized and directed to execute said contract in six copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. -2- It was moved by Ambrisco and seconded by Baker the Resolution be adopted, an upon —roTT call there were: AYES: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl �— McDonald X Strait X Zuber Passed and approved this 21st day of May 1984. YDR ATTES& CIYY CLERK Reo®Nred & Appmvc, { ®y The Legal Da ai9nlo tt�. S S aY-? RESOLUTION NO. 8S-lS0 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET BRIDGE RECODISTRUCTION PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID H R NG, AND DIRECTING 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 18th day of Jame , 19 85, 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x_ Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 4th day of June , 19.5_• ATTEST: By Ta itl,s: ce^arhnent _� _5zI 8 RESOLUTION NO. 85-151 RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED FARE INCREASE FOR IOWA CITY TRANSIT WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, in the adopted FY86 City budget for Iowa City, the Director of Finance recommends a fare increase so that the existing level of transit service can be maintained, and WHEREAS, the proposed fare increase will increase transit fares from 40t to 501 and monthly passes from $14 to $16, and WHEREAS, interested citizens should be provided an opportunity to review and comment on this proposed fare increase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a public hearing on said fare increase be held at 7:30 PM on June 18, 1985, in the Council Chambers of the Iowa City Civic Center; and 2. That the City Clerk is •hereby authorized and directed to publish a notice of said public hearing in a newspaper published at least once weekly and having general circulation in the city. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES X X X X X NAYS Passed and approved this 4th day of ATTEST: CITY CLERK ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER June 1985. L,,rJ MAYOR Received 4 Approved By T:is I,o0a1 1:e enfrt+en! K i9 g RESOLUTION NO. 85-152 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR YOUTH SERVICES WITH BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with volunteer adult companionship for youths between the ages of 6 and 14, and WHEREAS, Big Brothers/Big Sisters of Johnson County provides matching volunteers for youths in the Iowa City area between these ages, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Big Brothers/Big Sisters Program is a non-profit program of the Johnson County Extension Service which is organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Big Brothers/Big Sisters Program have negotiated a funding agreement as attached and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said agreement. It was moved by -Strait and seconded by Ambrisco the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL `C MCDONALD X STRAIT X ZUBER Passed and approved this 4th day ATTEST: Jame , 1985. - 3A5 AGREEMENT This Agreement was made and entered into on the 6-0('day of , 1985, by and between the City of Iowa City, Iowa, a municipal c poration, hereinafter referred to as the "City," and Big Brothers/Big Sisters of Johnson County, hereinafter referred to as "BB/BS Program." This Agreement shall be subject to the following terms and conditions, to -wit: 1. The BB/BS Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. The BB/BS Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF -SERVICES The BB/BS Program agrees to provide a program whereby youths between the ages of 6 and 14 years of age are matched with adult volunteers, who will provide guidance and companionship. Details of services to be provided are outlined in the BB/BS Program Information and Goals and Objectives Statement for FY86. II. FUNDING The City of Iowa City shall pay to the BB/BS Program the sum of $24,091 in FY86 with the agreement that these funds shall be allocated toward the salaries of the program coordinator and caseworkers of the program herein described. IIIA. GENERAL ADMINISTRATION A. The City will transfer the funds to the BB/BS Program in quarterly payments of $6,022.75 each. The first payment will be made on July 15, 1985, after the signing of this agreement. Subsequent payments will be made on the 15th of the month following the end of each quarter, upon receipt of quarterly reports. (October 15, January 15, April 15.) B. The BB/BS coordinator shall submit monthly Board minutes, quarterly program reports, and an annual program report to the City, due the 15th of the month following the end of each quarter. (October 15, January 15, April.15, July 15.) C. BB/BS will provide to the City an annual accounting report and a quarterly accounting of funds, due the 15th of the month following the end of each quarter. D. For the purposes of this agreement, the program coordinator shall be considered an employee of Johnson County Extension Service and any fringe benefits received by the coordinator shall be through the Johnson County Extension Service. The Coordinator of the BB/BS Program shall adhere to the personnel policies of Johnson County Extension Service. E. The BB/BS Program shall maintain in full force and effect a comprehen- sive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of ;300,000 and for property damage of $25,000. The failure of the BB/BS Program to maintain such a policy shall constitute immediate termination of this agreement and all rights and privileges contained herein. F. The BB/BS Program, acting as .ar agrees to defend, indemnify, and and its officers, employees, and claims of damages arising under any torts or wrongdoings caused t any injuries to persons or prope with the BB/BS Program. agent on behalf of Johnson County, save harmless the City of Iowa City agents from any and all liability or the terms of this agreement, or for y the BB/BS staff, but not limited to -ty served by or coming into contact G. BB/BS shall submit to the City a copy of an internal agency audit conducted by representatives of the Board of Directors annually. The audit shall be due within 30 days of its completion. In that City's source of funding for Aid to Agencies is Federal Revenue Sharing monies, any contribution in excess of $25,000 in a given fiscal year would qualify the agency as a secondary recipient of Federal Revenue Sharing monies. As a secondary recipient of Federal Revenue Sharing monies, BB/BS would be required to and agrees to have an audit performed every fiscal year according to the standards prescribed in the OMB Circular A-102, Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments. A copy of such an audit report an indings must a submitted to the City Controller within 90 days after the close of such fiscal year. H. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and monitor program quality. This will be done in accordance with strict client confidentiality and in consultation with the agency director regarding methods. 1. This contract may be terminated upon a 30 day written notice by either party. .7i R" % 3 IV. DURATION This agreement shall commence upon execution by the parties hereto and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the Big Brothers/Big Sisters For the City of Iowa City, Iowa: of Johnson County: OHN MCDONALD NAME ATTEST: 449 7( 74 '4.v MARIAN K. KARR, CITY CLERK 2eeelved & APPmved By The Legal Depanr-wnt S zi 8s ATTEST/: �G 'N E TITLE RESOLUTION N0. 85-153 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR EMERGENCY ASSISTANCE WITH THE IOWA CITY CRISIS INTERVENTION CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, the Iowa City Crisis Intervention Center is an agency which provides short term crisis intervention and counseling, information and referral services, and emergency food and basic needs assistance to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa City Crisis Intervention Center is a non-profit corpora- tion organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Iowa City Crisis Intervention Center have negotiated a funding agreement, as attached and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said agreement. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: X X X X Passed and approved this 4th ATTEST: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber day, of June , 1985. Rerztved 2& A;:p:oved By 1h8 Legal D%I ij M2fl} AGREEMENT This Agreement was made and entered into on the -5'to'r day of 1985, by and between the City of Iowa City, Iowa, a municipal poration hereinafter referred to as the "City," and the Iowa City Crisis Interven- tion Center. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Iowa City Crisis Intervention Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. The Iowa City Crisis Intervention Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES The Iowa City Crisis Intervention Center agrees to provide assistance to individuals including, but not limited to, short-term crisis counseling and information and referral services; emergency transportation and food provisions for local residents; and vouchers and arrangements for emer- gency shelter, food and transportation assistance for non-residents of the Iowa City area. Details of these services are outlined in the Crisis Center Program Information and Goals and Objectives Statements for FY86. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $17,362 in FY86 with the agreement that $8,902 shall be allocated toward operating expenses of the Emergency Assistance Program and $8,460 shall be allocated toward operating expenses of the Crisis Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Crisis Center in quarterly payments of $4,340.50 each. The first payment will be made on July 15, 1986, after the signing of this agreement. Subsequent payments will be made on the 15th of the month following the end of each quarter, upon receipt of quarterly reports. (October 15, January 15, April 15) 0 i0 �A B. The Iowa City Crisis Intervention Center Director will submit monthly board minutes, quarterly program reports, and an annual program report to the City, due the 15th of the month following the end of each quarter. (October 15, January 15, April 15, July 15,) C. The Iowa City Crisis Intervention Center will provide to the City an annual accounting report and quarterly accounting of funds, due the 15th of the month following the end of each quarter. D. For the purposes of this agreement, staff shall be considered employ- ees of the Iowa City Crisis Intervention Center and any fringe benefits received by the staff shall be through the said Iowa'City Crisis Intervention Center. The employees and agents of the Iowa City Crisis Intervention Center shall comply with personnel policies formulated by its Board of Directors. E. The Iowa City Crisis Intervention Center shall maintain in full force and effect a comprehensive liability .insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the Iowa City Crisis Intervention Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Iowa City Crisis Intervention Center agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employ- ees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Iowa City Crisis Intervention Center staff, including but not limited to injuries to persons or properties served by or coming into contact with the Iowa City Crisis Intervention Center. G. The Iowa City Crisis Intervention Center shall submit a copy of the internal agency audit conducted by representatives of the Board of Directors annually. The audit shall be due within 30 days of its completion. H. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and. monitor program quality. This will be done in accordance with strict client confidentiality and in consultation with the agency director regarding methods. I. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon execution by the parties and shall terminate on June 30, 1986, except as provided herein. 3 V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. Forithe City of Iowa City, Iowa ATTEST: rte,_, _,� -J(�X.4 Mar'al n Karr, City Clerk Received & Approved By The Legal Department For ththe� Iowa City Crisis Center: Name 11'D/Ii Title ATTEST:,Nd, n m 'Title� RESOLUTION NO. 85-154 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT WITH THE DOMESTIC VIOLENCE PROJECT WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Project is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to domestic violence victims, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Project is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Domestic Violence Project have negotiated a funding agreement whereby the City agrees to provide funding for the operating expenses of the Domestic Violence Project, a copy of said agreement attached and 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 Clerk to attest said agreement. It was moved by —Strait - and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 4th day of A June. gtiGn� ATTEST:CLIc<tnr�_ CITY CLERK Recelved & Approved By The Legal Department Z I O9.-3 AGREEMENT This Agreement was made and entered into on the c5_?—day of ui, 1985, by and between the City of Iowa City, Iowa, a municipal corpor tion—hereinafter referred to as the "City," and the Domestic Violence Project. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Domestic Violence Project shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. The Domestic Violence Project shall not deny any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES The Domestic Violence Project agrees to provide assistance to individuals who are victims of situations of domestic violence including, but not limited to, temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. Details of these services to be provided are outlined in the Domestic Violence Project Program Information and Goals and Objectives Statement for FY86. II. FUNDING The City shall pay to the Domestic Violence Project the sum of $12,000 in FY86 with the agreement that these funds will be allocated toward operating expenses of the Domestic Violence Project. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Domestic Violence Project in quarterly payments of $3,000 each. The first payment will be made on July 15, 1985, after the signing of this agreement. Subsequent payments will be made on the 15th of the month following the end of each quarter, upon receipt of quarterly reports. (October 15, January 15, April 15). B. The Director of the Domestic Violence Project will submit bi-monthly Board minutes, quarterly program reports, and an annual program report to the City, due the 15th of the month following the end of each quarter. (October 15, January 15, April 15, July 15.) C. The Domestic Violence Project will provide to the City an annual accounting report and a quarterly accounting of funds, due the 15th of the month following the end of each quarter. c39q E D. For the purposes of this .agreement staff shall be considered employees of the Domestic Violence Project and any fringe benefits received by the staff shall be through Domestic Violence Project. The employees and agents of the Domestic Violence Project shall comply with personnel policies formu- lated by its Board of Directors. E. The Domestic Violence Project shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the- State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the Domestic Violence Project to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Domestic Violence Project agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Domestic Violence Project staff including but not limited to injuries to persons or properties served by or coming into contact with the Domestic Violence Project. G. The Domestic Violence Project shall submit to the City a copy of an internal agency audit conducted by its representatives of the Board of Directors annually. The audit shall be due within 30 days of its comple- tion. H. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and monitor program quality. This will be done in accordance with strict client confidential- ity and in consultation with the agency director regarding methods. I. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon execution by the parties and shall terminate on June 30, 1986, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 0 95 For the City of Iowa City, Iowa JVW MCDONALD, MAYOR ATTEST: ��c7.un-� % 4, MARIAN K. KARR, CITY CLERK itecelved & Approved By The Legal Department For the Domestic Violence Project: /SO i , i TITLE ATTEST:NAME- TITLE AA E - TITLE aa=a A C' -D-i✓26evs 096 RESOLUTION NO. 85-155 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR ELDERLY SERVICES WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Elderly Services Agency of Johnson County is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Elderly Services Agency of Johnson County have negotiated a funding agreement, as attached and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said agreement. It was moved by Strait- - -- and seconded by Ambrisco the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 4th day of June , 1985. ATTEST: MY CLERK eaZved & ApPi°vcd By The Legal Depar` ", z� & %% AGREEMENT This Agreement was made and entered into on the -5�day of , 1985, by and between the City of Iowa City, Iowa, a municipal'64rporation, hereinafter referred to as the "City," and the Johnson County Elderly Services Agency, hereinafter referred to as the "ESA." This Agreement shall be subject to the following terms and conditions, to -wit: 1. ESA shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. The ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES The ESA agrees to provide to elderly residents of Johnson County the information and support services herein described, in order to identify and assist in responding to their needs and concerns. Further details of these services are outlined in the ESA Program Information and Goals and Objectives Statement for FY86. 1. The ESA agrees to provide a comprehensive Information and Referral service for elderly residents of Johnson County which shall include the following components: a. Maintenance of a current information file on services and re- sources available to Johnson County elderly. b. Publicization of the ESA Information and Referral service through available media resources. c. Response to requests for information about community resources for the elderly and referral of elderly individuals to appropriate resources to meet their needs. d. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need ex- pressed. e. Maintaining records of all Information and Referral contacts and related calls in la, ld and le, including specific information on needs which cannot be met by existing resources. 2 2. The ESA agrees to provide an Outreach service to identify needs and concerns of elderly persons in Johnson County and to inform them of ESA and other community services available to assist in meeting such needs. a. The ESA shall publicize its Outreach service through available media resources. In addition, the ESA shall maintain a speakers bureau to provide information on available services, as well as concerns of the elderly, to citizen, professional and other community groups in an effort to utilize persons who may be aware of individual elderly needs to reach as many elderly persons as possible. b. The ESA shall provide a referral or liaison to community resources where necessary and appropriate. c. The ESA shall record and maintain information on needs which cannot be met by existing resources. 3. The ESA agrees to coordinate a Chore and Support service for Johnson County elderly in need of same. a. Coordination shall include recruitment, screening, and matching of volunteers and clients; maintenance of a current file of available volunteers; and follow-up to assure satisfaction of both parties. b. Chore services to be provided shall include minor home repairs, yardwork, and snow removal. c. Support services to be provided shall include friendly visiting, telephone reassurance, good neighbor, and transportation assis- tance. 4. The ESA agrees to provide advocacy for the needs and concerns of Johnson County elderly on an individual and group basis as the need arises, including: a. Group advocacy with governmental policymakers, business and civic community groups on unmet needs brought to the ESA's attention through its Information and Referral and Outreach services and on issues of concern raised by the elderly community. b. Individual advocacy in regard to ESA's Information and Referral, Outreach, and Chore and Support Service programs when a client has difficulty in obtaining a service or when provision of a service is unsatisfactory. II. FUNDING The City shall pay to the ESA the sum of $27,836 in FY86 with the agree- ment that these funds shall be allocated toward administration, travel, equipment and supplies necessary for the operation of the program de- scribed herein. It is understood that the agency's administrative offices shall be located in the Senior Citizen Center. ,2 99 3 III. GENERAL ADMINISTRATION A. The City shall transfer the funds to the ESA in quarterly payments of $6,959 each. The first payment will be made on July 15, 1985, after the signing of this agreement. Subsequent payments will be made on the 15th day of the month following the end of each quarter, upon receipt of the quarterly reports (October 15, January 15, April 15). B. The ESA Director will submit monthly Board minutes, quarterly program reports, and an annual program report to the City, due the 15th of the month following the end of each quarter (October 15, January 15, April 15, July 15). C. The ESA will provide to the City an annual accounting report and a quarterly accounting of funds due the 15th of the month following the end of each quarter. D. For the purposes of this agreement, staff shall be considered employ- ees of the ESA and any fringe benefits received by the staff shall be through the said ESA. The employees and agents of the ESA shall adhere to personnel policies formulated by its Board of Directors. E. The ESA shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the ESA to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. The ESA further agrees that each agent, employee and volunteer acting for or on behalf of the ESA will carry personal auto liability coverage with the minimum amounts. Copies of said policies are to be furnished to the City upon request. F. The ESA agrees to defend, indemnify,and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the ESA staff, includ- ing, but not limited to injuries to persons or properties served by or coming into contact with the ESA. G. In that City's source of funding for Aid to Agencies is Federal Revenue Sharing monies, any contribution in excess of $25,000 in a given fiscal year would qualify the agency as a secondary recipient of Federal Revenue Sharing monies. As a secondary recipient of Federal Revenue Sharing monies, ESA is required and agrees to have an audit performed every fiscal year according to the standards prescribed in the OMB Circular A-102, Uniform Administrative Requirements for 1_fOd 4 Grants -in -Aid to State and Local Governments. A copy of such an audit report and findings must be submitted to the City Controller within 90 days after the close of such fiscal year. H. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and monitor program quality. This will be done in accordance with strict client confidentiality and in consultation with the agency director regarding methods. I. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon execution by the parties and shall terminate on June 30, 1986, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa City, Iowa: ATTEST: .A! MARIAN K. KARR, CITY CLERK Pesmhrod & Appmved By The LcZ.al Depa:fn'ient For Elly Services Agency of Johderon County: ATTEST: TITLE YN RESOLUTION NO. 8S-156 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT WITH THE JOHNSON COUNTY HAWKEYE AREA COMMUNITY ACTION PROGRAM PROJECT HEAD START WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide developmental programming for children of limited - income families who are aged three to school age, and WHEREAS, the Johnson County Hawkeye Area Community Action Program Project Head Start is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Johnson County Hawkeye Area Community Action Program Project Head Start is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Johnson County Hawkeye Area Community Action Program Project Head Start have negotiated a funding agreement, as attached and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said agreement. It was moved by Strait and seconded by the Resolution be adopted, and upon roll call there were: AYES X X X X X X X Passed and approved this 4th ATTEST: NAYS ABSENT: Ambrisco Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of June , 1985. Rs cobread $ A,�psovsci Dy Tho L-C.3i c 7 i TSE :L S z+ S 4lDl-12- AGREEMENT This Agreement was made and entered into on the � day of , 1985, by and between the City of Iowa City, Iowa, a municipal orporation, hereinafter referred to as the "City", and the Johnson Count Hawkeye Area Community Action Program Project Head Start, hereinafter referred to as the "Project Head Start." This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Project Head Start shall not permit any of the following prac- tices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. The Project Head Start shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Project Head Start agrees to provide developmental programming for children of limited -income -families who are aged three to school age. Services include, but are not limited to: support for the families, pre-school educational activities, health/nutrition screening, and follow-up services. Details of the services to be provided are included in the Project Head Start's Program Information and Goals and Objectives Statement for FY86. II. FUNDING The City of Iowa City shall pay to the Project Head Start the sum of $2,277 in FY86 with the agreement that these funds shall be allocated toward the operating expenses of the Project Head Start. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Project Head Start in quar- terly payments of $569.25 each. The first payment will be made on July 15, 1985 after the signing of this agreement. Subsequent payments will be made on the 15th of the month following the end of each quarter, upon receipt of quarterly reports (October 15, January 15, April 15). B. The Project Head Start Director will submit monthly Board minutes, quarterly program reports, and an annual program report to the City, due the 15th of the month following the end of each quarter (October 15, January 15, April 15, July 15). 2 C. The Project Head Start will provide to the City an annual accounting report and a quarterly accounting of funds, due the 15th of the month following the end of each quarter. D. For the purposes of this agreement staff shall be considered employees of the Project Head Start and any fringe benefits received by the staff shall be through the said Project Head Start. The employees and agents of the Project Head Start shall comply with personnel policies formulated by its Board of Directors. E. The Project Head Start shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the Project Head Start to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Project Head Start agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Project Head Start staff, including but not limited to injuries to persons or property served by or coming into contact with the Project Head Start. G. The Project Head Start shall submit to the City a copy of an annual 'external agency audit within 30 days of completion. H. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and monitor program quality. This will be done in accordance with strict client confidentiality and in consultation with the agency director regarding methods. I. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon execution by the parties and shall terminate on June 30, 1986, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. F r the City of Iowa City, Iowa: �� �a,Zs�.0 OHN MCDON LD, MAYOR ATTEST: n%?A Ve. MARIAN KARR, CITY CLERK Reeallod $ Approved By The Legal D_parhmnt 5 z AS For the Johnson County HA C Pro ect Head Start NAVE Executive Director TITLE /J ATTEST: 4 Tl ^ 2 NAME Children Services Unit Manager TITLE RESOLUTION No. 85-1S7 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR SERVICES WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 19.5 who are either current ADC recipients or who are determined to be disad- vantaged, with meaningful subsidized work experiences in the public and private non-profit agencies, and WHEREAS, the Mayor's Youth Employment Program provides assistance to develop in these youth positive work attitudes and work habits so that they can later secure non -subsidized jobs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Mayor's Youth Employment Program is a non-profit organization organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Mayor's Youth Employment Program have negotiated a funding agreement, as attached and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I014A CITY, IOWA, that the Mayor be authorized to execute and the Clerk to attest said agreement. It was moved by Strait - and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X -� AMBRISCO BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 4th day of A Jame I5G. OR ATTEST: %^/�i..n / 4/. �a / CITY CLERK Received & Approved By T e Legal Deparhrwnl 21 g AGREEMENT This Agreement was made and entered into on the L day of QML i, 1985, by and between the City of Iowa City, Iowa, a municipal corpor#7ion�, hereinafter referred to as the "City," and the Mayor's Youth Employment Program. This Agreement shall be subject to the following terms and conditions, to -wit: The Mayor's Youth Employment Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms , conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, .sex, marital status, sexual orientation, disability, or handicap status. 2. The Mayor's Youth Employment Program shall not deny any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES The Mayor's Youth Employment Program agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 19.5 who are currently recipients of ADC or socially and economically disadvantaged. It shall provide job training, vocational and career counsel- ing, and related assistance to youths to develop positive work habits so that future employment opportunities will. be enhanced. Mayor's Youth agrees to refer youth to appropriate agencies and programs in accordance with their needs. It also agrees to assist youth who -are not eligible for Mayor's Youth to secure employment in the private sector through referral. Details of these services are outlined in the Mayor's Youth Employment Program Information and Goals and Objectives Statement for FY86. II. FUNDING The City shall pay $29,000 to the Mayor's Youth Employment Program to provide these services during FY86. It is understood that the State of Iowa, the City of Coralville and the Iowa City School District shall also contribute to support the Mayor's Youth program. III. GENERAL ADMINISTRATION A. The City will provide accounting and payroll services for the Mayor's Youth Employment Program during the school year program. Mayor's Youth will be responsible for obtaining unemployment insurance and Worker's Compensation insurance apart from the City system. B. The Mayor's Youth Director shall submit monthly Board minutes, quarterly program reports, and an annual program report the City, due the 15th of the month following the end of each quarter. (October 15, January 15, April 15, July 15) If reports are not received by these deadlines, monthly City dispursements will be discontinued. q,)J C. The Mayor's Youth Director shall be responsible for the administration of the program, including the preparation of an annual program budget for the City Council's consideration. For the purposes of this Agreement, the Director shall be considered an employee of the City of Iowa City. When a vacancy occurs, the position should be filled in accordance with the City's personnel policies. However, the Mayor's Youth Board shall serve as an advisory committee for the selection of the Director. The Director shall be entitled to employee benefits of FICA and IPERS to be provided by the City of Iowa City with costs apportioned to Mayor's Youth Employment budget. The Director shall be entitled to other employee benefits as approved by the Mayor's Youth Employment Board. Both the Director and the staff shall comply with the personnel rules of the City. The Mayor's Youth Program may utilize the City's central purchasing facilities; however, prior approval for expenditures must be obtained from the City Manager or his designee. D. The City shall not assume responsibility for any torts, wrongdoings, or criminal action caused by youths employed through the Mayor's Youth Employment Program. E. Mayor's Youth Employment Program shall maintain in full force and effect a comprehensive liability insurance policy executed by a company licensed to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the Mayor's Youth Employment Program to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all rights and privileges contained herein. F. Mayor's Youth Employment Program agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Mayor's Youth Employ- ment Program staff including but not limited to injuries to persons or properties served by or coming into contact with Mayor's Youth Employment Program. G. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and monitor program quality. This will be done in accordance with strict client confidential- ity and in consultation with the agency director regarding methods. H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon execution by the parties and shall terminate on June 30, 1986, except as provided herein. V. ASSIGNMENT 41dd 3 For the City of Iowa City, Iowa /✓Gy%GI�-C/� N MCDONALD, MAYOR ATTEST: MARIAN K. KARR, CITY CLERK BY The lesal D-: aW lsr-t For the Mayor's Youth Employment ATTEST:I J� v T NAME TITLE RESOLUTION NO. 85-158 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT WITH THE RAPE VICTIM ADVOCACY PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public intrest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides emergency services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordi- nated by the University of Iowa which is organized and operates under the State laws of Iowa, and WHEREAS, the City of Iowa City and the Rape Victim Advocacy Program have negotiated a funding agreement, as attached and 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 to attest said agreement. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES X X X X X X X NAYS ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 4th day. of Jame , 1985. ATTEST: Received & Approved By a Legat De arSmeni S zi g y/D AGREEMENT This Agreement was made and entered into on the .S�day of 1985, by and between the City of Iowa City, Iowa, a municipal poration, hereinafter referred to as the "City, and the Rape Victim Advocacy Program. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Rape Victim Advocacy Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b_. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. The Rape Victim Advocacy Program shall not deny to any person its services on the basis of race, creed, -color, sex, national origin, religion, age, marital status, sexual orientation, disability, or handicap status. I. SCOPEAF SERVICES The Rape Victim Advocacy Program will provide emergency services for all victims of sexual assault including counseling, medical, and law enforce- ment advocacy intervention and referral to other agencies. Community education will be provided by an information bureau and a speakers bureau which provide current statistics and information on sexual crimes and prevention. The details of these services are outlined in the Rape Victim Advocacy Program Information and Goals and Objectives Statement for FY86. II. FUNDING The City of Iowa City shall pay to the Rape Victim Advocacy Program the sum of $9,865 in FY86. III. GENERAL ADMINISTRATION A. The City will transfer the funds in quarterly payments of $2,466.25 each, the first to be made on July 15, 1985, after the signing of this agreement. Subsequent payments will be made on the 15th of the month following the end of each quarter, upon receipt of quarterly reports. (Oct. 15, Jan. 15, April 15). B. The Coordinator of the Rape Victim Advocacy Program shall submit monthly board minutes, quarterly program reports and an annual program report to the City, due the 15th of the month following the end of each quarter. (Oct. 15, Jan. 15, April 15, July 15.) 0 2 C. The Rape Victim Advocacy Program will provide to the City an annual accounting report and a quarterly accounting of funds, due the 15th of the month following the end of each quarter. D. It is agreed that the Rape Victim Advocacy Program is a University of Iowa sponsored activity and that the Program Director, employees, agents, officers, and volunteers are employees of the University of Iowa and not the City of Iowa City and that the University of Iowa will defend and indemnify the program, its employees, agents, officers and volunteers against claims pursuant to the terms of the Iowa Code, Chapter 25A. E. The Rape Victim Advocacy Program shall submit a copy of an annual agent audit within 30 days of completion. F. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and monitor program quality. This will be done in accordance with strict client confidentiality and in consultation with the agency director regarding methods. G. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION. This agreement shall commence upon the execution by the parties and shall terminate on June 30, 1986, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa City, Iowa: LL J n McDonald, Mayor ATTEST: /;&,4 e T -ezz,14,1 Marian Karr, City Clerk 1�aeelved & Approved By The Legal Department For the Rape Victim Advocacy Program: ame Micha J. Finnegan Assoc. Business Manager Title G n ATTEST: pI L„��1� �`' ( CA(S Name Title RESOLUTION NO. 85-159 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR YOUTH SERVICES WITH UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional approaches to youth services and help them identify their individual needs and facilitate meeting the same in the best interest for the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and United Action for Youth have negotiated a funding agreement, as attached and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said agreement. It was moved by -Strait- and seconded by tion be adopted, and upon roll call there were: Ambrisco the Resolu- AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X —_ ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 4th ATTEST: i {J CITY CLERK day of June 1985. YOR Received & Appmved By The Legal Department S 1-1/,3 AGREEMENT This Agreement was made and entered into on the S day of , 1985, by and between the City of Iowa City, Iowa, a municipal rporation, hereinafter referred to as the "City," and the United Action for Youth, hereinafter referred to as "UAY." This Agreement shall be subject to the following terms and conditions, to -wit: 1. UAY shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex,_ marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. UAY shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES U.A.Y. agrees to provide assistance to young people, especially those who are alienated from the traditional approaches to youth service, in identifying their individual needs and opportunities and to facilitate meeting the same in the best interest of the individual with regard for the community. Further details of these services are outlined in the UAY Program Information and Goals and Objectives Statement for FY86. 1. U.A.Y. agrees to comprehensively plan and conduct an Outreach Program to locate youths who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not. relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following: a. Staff and maintain a U.A.Y. walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. c. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. d. Maintain records of Outreach workers, including youth contacts, activities and referrals. 2. U.A.Y. agrees to provide appropriate Outreach services to youths as determined by individual' needs. Methods used include: a. Street cou,...,ing through personal inter ion in the youth environment, maintaining a relationship with individuals, assist- ing them in clarifying their current needs., and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. c. Identification and utilization of available referral services to assist young people to meet their needs or improve their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. 3. U.A.Y. agrees to provide an evaluation mechanism through fiscal and program accountability and reporting including: forwarding all Board meeting minutes to the City Council for their information. The U.A.Y. Director may be periodically requested to attend Council meetings when information and discussion is pertinent to U.A.Y. The U.A.Y. Director will prepare a quarterly report which will be forwarded to the City Council for their information. U.A.Y. will build and establish working relationships and communications with other agencies in the community. 4. United Action for Youth, Inc. will solicit on-going feedback from clients, their families, and other agencies regarding the effective- ness of outreach. Information regarding client needs, their level of trust and rapport with UAY staff, others' perception of UAY's effec- tiveness, and service gaps among agencies will be solicited and documented at UAY. 5. The City may retain a consultant to survey the Outreach Program to determine its effectiveness. 6. Individual objectives of U.A.Y. include: a. Sponsor an Open House and invite members from other agencies. b. Participate in workshops and in training sessions to strengthen Outreach. c. Plan two activities a month to promote Outreach and provide an opportunity for contact and positive interaction with youth in the community. II. FUNDING The City of Iowa City shall pay to U.A.Y. the sum of $38,592 in FY86 with the agreement that these funds shall be allocated toward general operating expenses of the U.A.Y. Outreach Program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to U.A.Y. in quarterly payments of $9,648 each. The first payment will be made on July 15, 1985, after the signing of this agreement. Subsequent payments will be made on the 15th of the month following the end of each quarter, upon receipt of quarterly reports (October 15, January 15, April 15). B. The U.A.Y. Director will submit monthly board minutes, quarterly program reports, and an annual program report to the City, due the 15th of the month following the end of each quarter. (October 15, January 15, April 15, July 15) C. U.A.Y. will provide to the City an annual accounting report and a quarterly accounting of funds due the 15th of the month following the end of each quarter. D. For the purposes of this agreement, the Director and salaried staff shall be considered employees of U.A.Y. and any fringe benefits received by the staff shall be through the said U.A.Y. The employees of U.A.Y. shall adhere to the personnel policies formulated by U.A.Y. The U.A.Y. Board will be responsible for the general administration of the program under the terms of the contract including the determina- - tion of the budget, personnel policy, hiring, purchasing and expendi- ture approval. E. U.A.Y.' shall maintain in full force and effect a comprehensive liability insurance policy executed by a company licensed to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of U.A.Y. to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all right and privileges contained herein. F. U.A.Y. agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the U.A.Y. staff including but not limited to injuries to persons or properties served by or coming into contact with U.A.Y. G. U.A.Y. shall submit a copy of an annual agency audit within 30 days of its completion. H. In that the City's source of funding for Aid to Agencies is Federal Revenue Sharing monies, any contribution in excess of $25,000 in a given fiscal year qualifies the agency as a secondary recipient of Federal Revenue Sharing monies. As a secondary recipient of Federal— Revenue Sharing monies, U.A.Y. is required and agrees to have an audit performed every fiscal year according to the standards prescribed in the OMB Circular A-102, Uniform Administrative Requirements for Grants in Aid to State and oca overnmen s. A copy of such a audit report and findings must be submitted to the City Controller within 90 days after the close of such fiscal year. I. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and monitor program quality. This will be done in accordance with strict client confidentiality and in consultation with the agency director regarding methods. J. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1986, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa City, /I/owwaa:: Lz, 'O'e �alt�Xd L N MCDONA D ATTEST: MARIAN K. KARR, CITY CLERK peoe#ved & Approved 7egal Department 2 For United Action for Youth: 42 NA/�-- ,/J41" t om TITLE ATTEST: NAME' RESOLUTION NO. 85-160 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR NEIGHBORHOOD SERVICES WITH WILLOW CREEK NEIGHBORHOOD CENTER WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide recreational services and supportive assistance to the residents of Mark IV, and WHEREAS, Willow Creek Neighborhood Center is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Willow Creek Neighborhood Center is a non-profit corporation organized and. operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Willow Creek Neighborhood Center have negotiated a funding agreement, as attached and 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 Clerk to attest said agreement. It was moved by - Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES X X X X X X X Passed and approved this 4th NAYS: ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER day of VOR e 1 ATTEST: /i/C�er�u at 7Lz�-z CITY CLERK Reeefved & Approved Ry The Legal Department y/ � AGREEMENT This Agreement was made and entered into on the day of� 1985, by and between the City of Iowa City, Iowa, a municipal corpo tion, hereinafter referred to as the "City," and the the Willow Creek Neighborhood Center (Mark IV). This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Willow Creek Neighborhood Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms , conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. The Willow Creek Neighborhood Center shall not deny any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. I. SCOPE OF SERVICES The Willow Creek Neighborhood Center agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Mark IV Apartments complex and surrounding area, as detailed in the Willow Creek Neighborhood Center Program Information and Goals and Objectives Statement for. FY86. II. FUNDING The City shall pay to Willow Creek Neighborhood Center the sum of $9,400 in FY86 with the agreement that these funds shall be allocated for a recreational program for residents of Willow Creek Neighborhood area and operating expenses of the Willow Creek Neighborhood Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Willow Creek Neighborhood Center in quarterly payments of $2,350 each. The first payment will be made on July 15, 1985, after the signing of this agreement. Subsequent payments will be made on the 15th of each month following the end of each quarter, upon receipt of quarterly reports. (October 15, January 15, April 15.) B. The Willow Creek Neighborhood Center Director will submit monthly Board minutes, quarterly program reports, and an annual program report the City, due the 15th of the month following the end of each quarter. (October 15, January 15, April 15, July 15.) C. The Willow Creek Neighborhood Center will provide to the City an annual accounting report and a quarterly accounting of funds .due the 15th of the month following the end of each quarter. �i i N D. For the purposes of this agreement, staff shall be considered employees of the the Willow Creek Neighborhood Center and any fringe benefits received by the staff shall be through the said Willow Creek Neighborhood Center. The employees and agents of the Willow Creek Neighborhood Center shall adhere to personnel policies formulated by its Board of Directors. E. The Willow Creek Neighborhood Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company licensed to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the Willow Creek Neighborhood Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all right and privileges contained herein. F. The Willow Creek Neighborhood Center agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Willow Creek Neighbor- hood Center staff, including, but not limited to injuries to persons or properties served by or coming into contact with the Willow Creek Neighbor- hood Center. G. The Willow Creek Neighborhood Center shall submit a copy of an internal agency audit conducted by representatives of the Board of Directors annually. The audit shall be due within 30 days of its completion. H. A representative of the City shall have access to program files, make site visits, and survey participants in order to evaluate and monitor program quality. This will be done in accordance with strict client. confidential- ity and in consultation with the agency director regarding methods. I. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon execution by the parties and shall terminate on June 30, 1986, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. Tao For the City of Iowa City, Iowa ATTEST: ;tic *<r -- •�- i _y MARIAN K. KARR, CITY CLERK Rec-Oved & Approve) Ey The legal Department For the Willow Creek Neighborhood Center r-� NAME pp_ C4-. aOmWc- cj f 2cc'fG{2f TITLE ATTEST: AME TITLE yai RESOLUTION NO. 85-161 RESOLUTION ACCEPTING THE WORK FOR PAVING, STORM SEWER, AND SANITARY SEIVER FOR HUNTERS RUN SUBDIVISION, PARTS 2 $ 3, PHASE 1 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Paving for Hunters Run Subdivision, Parts 2 $ 3, Phase 1, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer for Hunters Run Subdivision, Parts 2 & 3, Phase 1, as constructed by Knowling Brothers Construction of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Y X X X X _ X Passed and approved this 4th day of June , 1985. MAYOR ATTEST:%iooin , > --x' Cau i CITY CLERK kxt*,*d R, Appmvxi �► Siwo Lecizj i epa; tr nt s 24 Ate_ hr RESOLUTION NO. 85-162 RESOLUTION APPROVING THE RESUBDIVISION OF LOTS 52 AND 53 AND PORTIONS OF LOTS 50 AND 51, HUNTERS RUN SUBDIVISION, PART THREE, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners of Hunters Run Development Company have filed with the city Clerk of Iowa City, an application for approval of the preliminary and final plat of a resubdivision of Lots 52 and 53 and portions of Lots 50 and 51, Hunters Run Subdivision, Part Three, Iowa City, Johnson County, Iowa, the legal description for which is as follows, to -wit: Commencing at the Southeast corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th Principal Meridian; thence N 00046'46" E, 1,150.38 feet to the Centerline of Rohret Road, in accordance with the final plat of Hunters Run Subdivision, Part One, recorded in Plat Book 22, page 53, of the records of the Johnson County Recorder's Office; thence N 00055'12" E, 223.00 feet to the Point of Beginning; thence N 40003'49" E, 89.22 feet; thence N 46001'50" W, 594.19 feet; thence N 06000'50" W, 80.84 feet; thence Northeasterly along the Southerly right-of-way line of Foxana Drive 72.31 feet on a 225.00 foot radius curve, concave Northwesterly, whose 72.00 foot chord bears N 74046'46" E; thence N 65034'21" E, 10.67 feet along said right-of-way line; thence Southeasterly 21.49 feet along a 15.00 foot radius curve, concave Southwesterly whose 19.70 foot chord bears S 73023'29" E; thence Southeasterly along the Westerly right-of-way line of Deerfield Drive, 65.64 feet on a 275.00 foot radius curve, concave Northeasterly, whose 65.48 foot chord bears S 39011'35" E; thence continuing along said right-of-way line S 46001'50" E, 626.71 feet; thence Southeasterly 118.35 feet along a 225.00 foot radius curve, concave Southwesterly, whose 116.99 foot chord bears S 30057'41" E; thence S 15053'32" E, 71.99 feet; thence Southwesterly 31.42 feet along a 20.00 foot radius curve, concave Northwesterly whose 28.28 foot chord bears S 29006'28" W; thence S 74006'28" W, 179.19 feet along the Northerly right-of-way line of Rohret Road; thence N 00055'12" E, 148.58 feet; thence N 89004'48" W, 108.00 feet to the Point of Beginning. Said tract of land contains 2.859 acres more or less and is subject to easements and restrictions of record. F1ir WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed resubdivision and have recom- mended the approval of the same, and WHEREAS, the preliminary and final plat has been examined by the Planning and Zoning Commission and, after due deliberation, the Commission has recommended that it be accepted and approved, and WHEREAS, the preliminary and final plat is found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. 411 Resolution No. 85 _ Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1, That the preliminary and final plat of a resubdivision of Lots 52 and 53 and portions of Lots 50 and 51, Hunters Run Subdivision, Part Three, Iowa City, Johnson County, Iowa, is hereby approved. 2. That the Mayor and City Clerk of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the plat, after passage and approval and the owner shall record said final plat with the County Recorder of Johnson County, Iowa, before the issuance of any building permits are authorized. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 4th dayA of Jame , 1985. ATTEST: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City,Iowa, do hereby certify that the above and foregoing is a true and exact copy of a Resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of June 1985, all as the same appears on the Records in my office. Dated at Iowa City, Iowa, on this 6th day of June , 1985. Clerk e Mar -K a�rr, Marian K. , c city of Iowa City, Iowa Rer-_ived Ahprn, 8y The !•''=9�1 �a;=aeni S' L9 /-f -? 4 SOLUTION NO. 85-163 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DUBUQUE STREET PARKING RAMP EXPANSION PROJECT AND ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT -RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m.. on the 25th day of June , 19 85 . Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 8:00 a.m. on the 26th day of June , 19 85. It was moved by Zuber and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ X —T__ — X X X _ X Passed and approved this 4th day of June 198S 1 -7�r // MAYOR ATTEST: //%��sci' 9�. SY�z.u� }ts:v_r:�..� g z,;,l•.�.. CITY CLERK OY 1"t, 4! &p anrrk„r S Z/-)< ESOLUTION NO. 85-164 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY86 LANDFILL EXCAVATION PROTECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 25th day of June , 198.�. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 8:00 a.m. on the 26th day of June , 19 85. It was moved by Zuber and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X _ X X _ X X Pas ATTEST: RES. 85-165 June 4 , 1985 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor McDonald _, in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: None -1- AHLERS. COONEY, DORWEILER. HAYNIE. SMITH a ALLBEE, LAWYERS. DES MOINES, IOWA �la 7 RES. 85-165 PART 1 -- HEARING PROCEEDINGS June 4 , 1985 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor McDonald in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: None The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of the FY1986 Sidewalk Assessment Project in the corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. Written and oral objections were then received or heard. Council member Erdahl moved that the time for the receiving of objections be closed. Seconded by Council member Zuber On vote, the motion was adopted. After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally proposed. -1- AHLERS, COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 41a R, RES. 85-165 Council Member Erdahl introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE FY1986 SIDEWALK ASSESSMENT PROJECT" and moved that it be adopted. Council Member Zuber seconded the motion to adopt. The roll was called and the vote was, AYES: McDonald Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl. NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 8S-165 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE FY1986 SIDEWALK ASSESSMENT PROJECT. WHEREAS, this Council has proposed a Resolution of Necessity for the FY1986 Sidewalk Assessment Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of X Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. -2- ANLERS. COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 4,-9 9 RES. 85-165 Deferred for later consideration to a Council meeting to be held on the day of , next, at o'clock M., at this meeting place, with juris- diction retained for further consideration and action at the adjourned meeting. Abandoned. Passed and approved this 1985. ATTEST: le k 4th day of June ayo r -3- AHLERS, COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 44-3n EXHIBIT A SCHEDULE OF AMENDMENTS TO THE RESOLUTION OF NECESSITY PROPOSED FOR THE FY1986 SIDEWALK ASSESSMENT PROJECT The Resolution of Necessity proposed for the FY1986 Sidewalk Assessment Project is amended as follows: A. By eliminating therefrom the proposed improvements with locations following, to -wit: Sheridan Avenue - South side from Oakland Avenue to Seventh Avenue Pleasant Street - West side from Rochester Avenue to Bloomington Street Harlocke Street - North side on Lot 16, Weeber's Second Addition Friendship Street - South side from Seventh Avenue to First Avenue Friendship Street - North side from Seventh Avenue to First Avenue First Avenue - West side from Court Street to Rochester Avenue B. By making changes in the preliminary plat and schedule of assessments as follows, to -wit: Same as above. C. By amending said Resolution of Necessity, as follows, to -wit: Same as above. I certify that the foregoing schedule lists all amendments to the Resolution of Necessity as adopted by the Council. -4- AHLERS. COONEY, DORWEILER. HAYNIE. SMITH a ALLSEE. LAWYERS. DES MOINES. IOWA Council Member Zuber introduced the following Resolution entitled "RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE FY1986 SIDEWALK ASSESSMENT PROJECT" and moved that it be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 85-166 RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE FY1986 SIDEWALK ASSESSMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Engineer is hereby ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the FY1986 Sidewalk Assessment Project. BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the FY1986 Sidewalk Assessment Project. PASSED AND APPROVED this 4th day of June , 1985. , ATTEST: -5- AHLERS. COONEY. OORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DE5 MOINES. IOWA '1,3,.2 PART 2 Council Member Erdahl introduced the following Resolution and moved its adoption. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait. NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 85-167 RESOLUTION ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY, AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME, AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the FY1986 Sidewalk Assessment Project, is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the detailed plans and specifications as prepared by the City Engineer for the construction of the FY1986 Sidewalk Assessment Project, and the form of contract and Notice to Bidders, as approved by the Attorney, be and the same are hereby approved, subject to hearing thereon, and are hereby ordered placed on file in the office of the Clerk for public inspection. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of said specifications. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to publish notice to bidders once in the Iowa City Press Citizen, a legal newspaper, printed wholly in the English language, published at least once weekly and having general -8- AHLERS, COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE, LAWYERS. DES MOINES, IOWA <%3.3 Res. 85-167 circulation in this City. Publication shall be not less than four clear days nor more than forty-five days prior to July 9 , 1985, which latter date is hereby fixed as the date for receiving bids. Said bids are to be filed prior to 10:30 o'clock A M., on said date. Bids shall be received and opened at a public meeting as provided in the public notice and the results of said bids shall be considered at the meeting of this Council on _July 16 , 1985, at 7:30 o'clock p M. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to publish notice of hearing once in said newspaper, said publication to be not less than four clear days nor more than twenty days prior to the date hereinafter fixed as the date for a public hearing on the plans, specifications, form of contract and estimate of costs for said project, said hearing to be held at 7:36� o'clock p M. on June 18 , 1985. PASSED AND APPROVED this 4,tn day of yor ATTEST: rsir�� June -9- AHLERS, COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS. DES MOINES. IOWA , 1985. -/ (3zl RESOLUTION NO. 85-168 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CLINTON STREET 1T1PR0VENtENTS PROJECT - WASHINGTON STREET' TO IOWA AVENUE WHEREAS, Metro Pavers has submitted the best bid o above-named project. IOWA: construction o NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Metro Pavers. Inc. of Iowa City. Iowa , subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Erdahl and seconded by Ambrisco the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: tha t Passed and approved this 4th day of June , 1985 . ATTEST:a,�� 76;; , ,) ' k CITY CLERK MAYOR Recelved & Approved By The Legal Departnun! S� gs 7--T- //.;?!5 RESOLUTION NO. 8S-169 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AMENDMENT TO THE AGREEMENT WITH THE ELDERLY SERVICES AGENCY FOR THE PURPOSES OF INCREASING THE CDBG ALLOCATION BY $2,000 TO DEVELOP AND ADMINISTER A SHARED HOUSING PROGRAM FOR THE ELDERLY AND HANDICAPPED PERSONS OF JOHNSON COUNTY. WHEREAS, the City of Iowa City is the recipient of funds granted by the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to the elderly and handicapped people in Johnson County who are in need of programs which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City executed a funding agreement with the Elderly Services Agency for the administration of the Shared Housing Program on December 19, 1984; and WHEREAS, the City of Iowa City wishes to increase the original funding allocation by $2,000, and has negotiated the attached amendment to that effect with Elderly Services Agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest said amendment to the agreement with the Elderly Services Agency to develop and administer a Shared Housing Program. It was moved by and seconded by Strait the Resolution be adopted, and upon ro ca there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 4th day ATTEST: CITY CLERK June , 1985. Received & Approved By The legal Department y;3i- AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) FOR THE ADMINISTRATION OF THE SHARED HOUSING PROGRAM This agreement entered into on this �_ day of1985, by and between the City of Iowa City, a municipal corporation (herein referred to as "City"), and the Elderly Services Agency, an Iowa not-for-profit corporation (herein referred to as "ESA"), is an amendment to the original agreement executed on December 19, 1984 pursuant to Resolution No. 84-323, dated December 12, 1984. This amendment amends the section III.A, such that said section shall now read as follows: III. FUNDING: A. City shall pay an amount not to exceed $12,000 to ESA to develop and implement a Shared Housing Program for the elderly and handi- capped residents of Johnson County. Funding shall be used to hire a Shared Housing Coordinator and cover approved direct costs to develop and administer the program. IN WITNESS WHEREOF, the arties hereto have executed this agreement on this 'Z4i day of , 1985. CITY OF IOWA CITY ELDERLY SERVICES AGENCY ATTEST: Zf' 26 z / City Clerk Neelved !A Approved By he Leal Deparftmnl -5-1 g ATTEST': � Witness 407 RESOLUTION NO. 85-170 RESOLUTION ADOPTING POLICY REGARDING DEFERRAL OF MANDATORY SUSPENSION OR REVOCATION OF BEER PERMITS OR LIQUOR LICENSES TO THE IOWA LIQUOR CONTROL DEPARTMENT AND REPEALING RESOLUTION 82-217 WHEREAS, Section 123.50(3), CODE OF IOWA, provides for mandatory suspension or revocation penalties to be assessed by the local authority in the event a licensee, beer permittee, or employee of such licensee or permittee is convicted of a violation of Section 123.49, subsection 2, paragraph "h", or a retail beer permittee is convicted of a violation of paragraph "i" of such subsection, and WHEREAS, the City Council desires to defer all mandatory suspension or revocation of beer permits and liquor license proceedings to the Iowa Liquor Control Department rather than having said penalties assessed by the City Council, and WHEREAS, the City Council desires to retain jurisdiction to impose suspension penalties in those cases where a licensee or permittee shall have violated any ordinance contained in the Code of Ordinances, and WHEREAS, the City Council desires to repeal Resolution No. 82-217 which sets forth existing policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: That the City Council of the City of Iowa City, Iowa, hereby adopts the following policy regarding the deferral of mandatory suspension or revocation of beer permits and liquor licenses to the Iowa Liquor Control Department: In the event any licensee, beer permittee, or employee of such licensee or permittee shall be convicted of a violation of Chapter 123, Code of Iowa, and the provisions contained Th-ere—in which provide for mandatory suspension or revocation penalties, all of said cases shall be reported to the Iowa Liquor Control Department and that Department shall be requested to assess said penalties and the City shall fully cooperate with said Department in providing witnesses, legal staff assistance, law enforcement personnel and records to the Department. Resolution 82-217 is hereby repealed. y39 It was moved by Strait and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed anA an --rl +hi c dfih A." of June ATTEST: 1985. Received & App'av,,td By The Legal Depariment 4;v9 RESOLUTION NO. 8S-171 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorpo- rated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro Tem is hereby authorized and directed to execute said Contract in six copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald Strait Zuber y6o Page 2 Passed and approved this 4th day of June 1985. YOR ATTEST: yllnnLe..J 7y. �lliLt/ CITT `CLERK %Calved & Approved By The legal De anent su L 1 41 5// EXHIBIT A ACC PartINumber- KC -9033V _V IIS. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT—PARTI HOUSING VOUCHER PROGRAM LL DEFINITIONS. A. ACC. AnnualContributions Contract. B. Fiscal Year. The PHA Fiscal Year as specified in section 1.2.E of this ACC. C. BUD. IIS. Departmentof Hosing and Urban Development D. Maximum Annual Contribution Commitment The amount of contract authority reserved by HIID Lor a project. The amount of contract authority reserved for each project in the Housing Voucher Program is stated in •Eaiubft I of this ACC Part I (subject to reduction in accordance with section 1.3.E and section 2.3 of this ACC). E. PHA. Public Housing Agency. F. Program. The PHA'S Housing Voxhey"Program. G. Program Receipt.. Amounts paid by HIID to the PHA under this ACC for the Hosing Voucher Program, and any other amounts received by the PHA in connection with the Program. H. Program Eapesxiiurem. Amounts which may be larged against Program Receipts in accordance with the ACC and HUD requirements. L2. HOUSING VOUCHER PROGRAM. A. The Housing Voucher Program under this ACC consists Neots bsted in Ext it I of this ACC Part I, each at which represents a riading increment for the Program. Page 1 of 4 pages HUD 52520 D (April 1985) B. PHA Fiscal Year. -The Fiscal Year for the Hosing Vahcher program shall be the 12-m6nth period ending June 30 of each calendar year. Oxnrt the day and mo ith used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an AGC with BUD.) L3. ANNUAL CONTRIBUTION. A. Payment. __ HIID shah pay the PHA annual oartabutiais fur the projects in the Hosing Voucher Program in accordance with H U D regulations and re? rimments. B. Term. _.Payments an account of the annual cantnbutions for each project may only be made during a term of five years, and shall not be made after the end of the five year term. The term for each project begins when HIID makes the first advanoe to the PHA an account of the aminal dons Ear the project: After HIID makes the first advance Ear a pcaject, HIID may enter the first and last dates of the ACC berm tar the project on Exhibit I of this ACC Part L The Ezhilydt I as revised by HIID shall Constitute an amendment of the ACC PartT, and the revised ExbrbitI supersedes any previus Exbibit I for the Program. C. Amount andPuapose.. The annual co itributicn Ear the Housing Voxb,-x Program in a Fiscal Year shall be the sum of the amounts paid an account at the annual cautnbution for each of the projects in the,Program. The annual axrtnbution for the Program Ma3l be in the amount approved by HUD tor the PHA Fiscal Year to cover. L The amort of hosing asMsrar c payments by the PHA. 2. The amount at PHA costs for Program admiu>ist ratiau. The amount of the annual ca tnbution, by HUD may be reduced, as determined by HUD, by tate amount of Program Rem Ouch as interest income) other than annual c onitnbutior>s D. for payments from the ACC reserve acoount as provides in secaon L&F of this ACC, the annual oartabution payment by HUD for a project for a Fiscal Year -a aII riot be more than the Maximum Annual Coritrfttien Com mitment for the project Such Maximum Annual Ccntxgxxd n Ccmmitmetnt sha'n be avau'lahle during the five Fiscal Years beginning with the Fiscal Year when HUD makes the first advance to the PHA on acoo urt of the annual corbnbutions for the project E. Reduction of Amount Payable.. _ Hl7 D may reduce the amount of the annual co[>tabuhors payable by HIID tar any project or for the Housing Voucher Program, and may reduce the amount of the contract authooty for any project, by giving the PHA written notice of reduction in aca rdanee with section 23 of this ACC. Page 2 of 4 pages HUD 52520 D (April 1985) yy3 The notice by HIID may include a revision of EadubitIof this ACC Part I to reflect the reduction in the amount of contract authority for a project HIID notice at the revision shall eonstitu a an amendment of Exhibit L and the revised Exhibit I supeEsedes any previous Ezh Wl- I for the Program. F. ACC Reserve Acoornt. An ..ACC _reserve account may be est�r,i; ► and maintained by HUD in an amount as determined by BUD. The ACC reserve amount maybe used by HUD far payment of arty portion of tate annual orntabution payment approved by BUD. G. Limit on Total Payments for Project: _ The total of annual contrRutio s payments by HUD icr each project (incl ailing any payments from the ACC reserve account as provided in section L3.F) shall not be more than rive times the Maximum Annual ContriluHon Com mitment for the project. L4.. . ACC. , • un`` 1• • I- a '-1 1 • �«. •_• 1 1 1• .1- : • - ... -•- ••1 - n • :. - 1 • B. This ACC supeEsedes any previous ACCs for the Housing Vourber Program. Matters relating to operation of the Program under a previous ACC shall be governed by this ACC. 116001vad A lived Sigma by t a Legal ileparimoht PUBLIC HOUSING AGENCY IOEA CITY HOUSING AUTHORITY Name of PHA By ignature John McDonald Mayor Cit' of Iowa City Print or type name and official titlE UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMEW.. By Signature Jerry L. Bauer, Manager - Des Moines Office Date signed s Date signed Page 3 of 4 pages HUD 52520 D (April 1985) *Per Housing 12/31/85 Resolution #85-171 - Original submission of ACC for Project #IA05-V022-001 not signed because HUD directed that ACC be rebudgeted following new guidelines. y///l sfi h IA (S86T Ti3dii) a oZSZS aAH Waal Jo Nual do xea ssvri xea ssu:Li A££06 -OX :3aQnnm i4md ooH sa6ad y ;o p abed 7L9`L£$ (SJ x=oHiav soeulmoo TOO-ZZOA-90VI HasW IIH soaroxd U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT -- PART II for HOUSING CERTIFICATE PROGRAM AND HOUSING VOUCHER PROGRAM 2.1. HUD REQUIREMENTS. A. The PHA agrees to comply, and shall require owners to comply, with the U.S. Housing Act of 1937 and all applicable HIID regulations and requirements (as now in effect and as may be amended or changed from time to time). B. The PHA shall comply with its HUD -approved administrative plan and equal opportunity housing plan and HUD -approved applications for the Program. C. The PHA shall use the forms required by HUD. D. The PHA shall proceed expeditiously with the Program under this ACC. E. The term of any contract for housing assistance payments shall end upon termination of the ACC. 2.2. ANNUAL CONTRIBUTION. A. The PHA shall submit to HUD each Fiscal Year an estimate of the annual contribution required for the Program. The estimate shall be submitted at such time and in such form as HUD may require, and is subject to HUD approval and revision. B. The PHA will requisition periodic payments on account of each annual contribution. The requisition shall be in the form prescribed by HUD. Each requisition shall include certification by the PHA that: 1. Housing assistance payments have been made in accordance with contracts in the form prescribed by HUD and in accordance with HIID regulations and requirements; and Page 1 of 8 pages HUD 52520 E (April 1985) y V61 2. Units have been inspected by the PHA in accordance with BUD regulations and requirements. C. If HDD determines that payments by BUD to the PHA for a Fiscal Year exceed the amount of the annual contribution approved by HIID for the Fiscal Year, the excess shall be applied as determined by HUD. Such applications determined by HUD may include, but are not limited to, application of the excess payment against the amount of the annual contribution for a subsequent Fiscal Year. The PHA shall take any actions required by HUD respecting the excess payment, and shall, upon demand by HUD, promptly remit the excess payment to HUD. 2.3. REDUCTION IN ANNUAL CONTRIBUTIONS PAYABLE BY HUD. A. Upon written notice by HIID to the PHA, HUD may reduce to an amount determined by HIID the amount of the annual contributions payable for any project or for the Program, and may reduce to an amount determined by HUD the contract authority reserved by HUD for any project included in the Program: 1. If HIID determines that the PHA has failed to comply with any obligations under the ACC, or 2. In the case of amounts provided for use in connection with a rental rehabilitation grant under the Rental Rehabilitation Program authorized by section 17 of the U.S. Housing Act of 1937, if HUD deobligates rental rehabilitation grant amounts. If HIID deobligates rental rehabilitation grant amounts, HUD may reduce the annual contributions payable and the contract authority reserved whether or not the PHA has failed to comply with any obligations under the ACC. B. The notice by HUD_, to the PHA shall state any reduction, pursuant to section 2.3.A of the ACC, in the amount of the annual contributions payable for any project or for the Program, and shall state any reduction in the amount of contract authority reserved by HUD for a project. Where the ACC specifies the unit distribution of the PHA's Program, the notice may specify a revised unit distribution. HUD -notice of reduction or revision shall constitute an amendment of the ACC. However, HUD shall not reduce the amount of annual contributions payable by HUD for any project or Page 2 of 8 pages HUD 52520 E (April 1985) 114!7 for the Program, and shall not reduce the amount of contract authority reserved by HUD for a project, below the amount, as determined by HUD, necessary for dwelling units under contracts for housing assistance payments with owners on the date when the PHA receives the HUD notice. 2.4. USE OF PROGRAM RECEIPTS. A. The PHA shall use the annual contributions and other Program Receipts in connection with the Program to provide decent, safe and sanitary housing for eligible families in compliance -with the U.S. Housing Act of 1937 and all HUD regulations and requirements (as now in effect and as may be amended or changed from time to time) applicable to the Program. B. For each Fiscal Year, the PHA shall submit to HUD for approval a • proposed operating budget for the Program. The operating budget shall be submitted at such time and in such form as required by HDD. The PHA shall not make any Program Expenditures except in accordance with an operating budget approved by BUD, including any limitations, as specified in the budget approved by HUD, on the amounts for PHA costs of administration, or for housing assistance payments. 2.5. BOORS OF ACCOUNT AND RECORDS; REPORTS. A. The PHA shall maintain complete and accurate books of account and records for the Program. The books and records shall be in accordance with HUD requirements, and shall permit a speedy and effective audit. B. The PHA shall furnish HUD such financial, operating, and statistical reports, records, statements, and documents at such times, in such form, and accompanied by such supporting data as required by HUD. C. HUD and the Comptroller General of the United States, or their duly authorized representatives, shall have full and free -access to all PHA offices and facilities, and to all the books, documents, papers, and records of th@ PHA•that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts and transcripts from the books and records. D. The PHA shall be responsible for engaging and paying an independent public accountant for the making of Page 3 of 8 pages HUD 52520 E (April 1985) U4lV audits as required by HDD. The cost of audits required by HOD shall be chargeable against Program Receipts. 2.6. DEPOSITARY. A. The PHA shall enter into one or more agreements, which are collectively called the 'Depositary Agreement, - with financial institutions which are selected as depositary by the PHA, and whose accounts are insured by an agency of the Federal Government. The Depositary Agreement shall be in the form prescribed by HDD. B. All Program Receipts shall be promptly deposited with the Depositary under the Depositary Agreement unless otherwise required or permitted by HUD. The PHA may withdraw Program funds subject to the Depositary Agreement only for use in connection with the Program in accordance with HUD regulations and requirements, or for other purposes permitted by HUD. No withdrawals shall be made except in accordance with a voucher or vouchers then on file in the office of the PHA stating in proper detail the purpose for which the withdrawal is made. C. As required by BUD, PHA funds in excess of current needs shall be promptly remitted to HDD or shall be invested in accordance with HDD requirements. Interest on the investment of PHA Program funds shall constitute Program Receipts under the ACC. D. The Depositary Agreement shall provide that if required under a written notice from BUD to the Depositary: (1) the Depositary shall not permit any withdrawal by the PHA of funds held under the Depositary Agreement unless withdrawals by the PHA are expressly authorized by written notice from BUD to the Depositary, (2) the Depositary shall permit withdrawals of such funds by BIID, and (3) such provisions may not be abrogated -or changed without written consent by -HUD. 2.7. DEFAULT BY PHA._ A. Upon written notice to the PHA, HOD may take possession of all or any PHA property, rights or interests in connection with the Program, including funds held under the Depositary Agreement, Program Receipts, and rights or interests under a contract for housing assistance payments with an owner, if HUD determines that: Page 4 of 8 pages HUD 52520 E (April 1985) �y9 1. The PHA has failed to comply with any obligations under this ACC, or 2. The PHA has failed to comply with .ohligations under a contract for housing assistance payments with an owner, or has failed to take appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the PHA's rights under a contract for housing assistance payments (including requiring actions by the owner to cure a default, termination or reduction of housing assistance payments, termination of the contract for housing assistance payments, or recovery of overpayments), or 3. The PHA has made any misrepresentation to HOD of any material fact. B. HUD's exercise or non -exercise of any right or remedy under the ACC shall not constitute a waiver of HUD's right to exercise that or any other right or remedy at any time. 2.8. FIDELITY BOND COVERAGE. The PHA shall carry adequate fidelity bond coverage, as required by HOD, of its officers, agents or employees handling cash or authorized to sign checks or certify vouchers. 2.9. NONDISCRIMINATION IN HOUSING. A. The PHA shall comply with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 prohibiting discrimination based on race, color or national origin and Executive Order 11063 with respect to those provisions prohibiting discrimination based on religion or sex, and with implementing HIID regulations. B. The PHA shall comply with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the sale, rental or financing of housing on the basis of race, color, religion, sex or national origin and with any implementing regulations. C. The PHA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against handicapped persons who would otherwise qualify to participate in Page 5 of 8 pages HUD 52520 E (April 1985) (/56 the Program and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. D. unwed parents, families with children bofn out of wedlock, and recipients of public assistance shall not be excluded from participation in or be denied the benefit of the Program because of such status. 2.10. EQUAL EMPLOYMENT OPPORTUNITY. 2.11. A. The PHA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, handicap or national origin. The PHA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, creed, religion, sex, handicap or national origin. Such -action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. The PHA agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HUD setting forth the provisions of this nondiscrimination clause. The PBA will in all solicitations or advertisements for employees placed by or on behalf of the PHA state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, handicap or national origin. The PHA will incorporate the foregoing requirements of this paragraph in all of its contracts for project work, except contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for project work. The PHA shall comply_with Section 3 of the Housing and Urban Development Act of 1968 and- HUD regulations. To the greatest extent feasible, employment and training opportunities in connection with planning and carrying out any project assisted under the Program shall be given to lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county), as determined by HUD, in which the project is Page 6 of 8 pages HUD 52520 E (April 1985) '1S/ located, and contracts for work to be performed in connection with any project shall be awarded to business firms which are located in or owned in substantial part by persons residing in the same metropolitan area (or nonmetropoiitan county) as the project. 2.12. COOPERATION IN EQUAL OPPORTUNITY COMPLIANCE REVIEWS. The PHA shall cooperate with BUD in conducting compliance reviews and complaint investigations pursuant to applicable civil rights statutes, Executive Orders, and related rules and regulations. 2.13. CONFLICT OF INTEREST PROVISIONS. A. Neither the PHA nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with the Program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year thereafter: 1. Any present or former member or officer of the PHA (except a tenant commissioner). 2. Any employee of the PBA who formulates policy or who influences decisions with respect to the Program. 3. Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to the Program. B. Any members of the classes described in paragraph A must disclose their interest or prospective interest to the PHA and HUD. C. The requirements of -section 2.13.A may be waived by BUD for good cause. No person to whom a waiver is granted shall be permitted (in the capacity as member of a class described in section 2.13.A) to exercise responsibilities or functions with respect to a contract for housing assistance payments executed, or to be executed, on his or her behalf, or with respect to a contract for housing assistance payments to which this person is a party. Page 7 of 8 pages HUD 52520 E (April 1985) y5o2 D. The provisions of section 2.13.A, section 2.13.H and section 2.13.0 shall not be applicable to the Depositary Agreement, or to utility service the rates for which are fixed or controlled by a governmental agency. 2.14. INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS. No member of or delegate to the Congress of the United States of America or resident commissioner shall be admitted to any share or part of this ACC or to any benefits which may arise from it. 2.15. EXCLUSION OF THIRD PARTY RIGHTS. Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this ACC, or to assert any claim against HUD or the PHA under this ACC. Page 8 of 8 pages HUD 52520 E (April 1985) y15-3 W V) Z w a. X w 0 x z z W 2 Z 2 w O O H w w U D O CL ATTACHMENT A ACC Contract Number Date ACC List Number Date KC -9033 1-9-76 KC -76-048 1-2-76 KC -9033E 6-17-76 KC -76-124 5-25-76 KC -9033E 7-1-76 KC -76-125 5-25-76 KC -9033E 7-1-76 KC -76-126 5-26-76 KC -9033E 6-16-77 KC -77-215 5-20-77 KC -9033E 7-1-78 KC -78-120 4-20-78 KC -9033E 7-1-78 KC -78-119 4-20-78 KC -9033E 7-1-78 KC -76-126 5-26-78 KC -9033E 7-1-78 KC -78-118 4-20-78 KC -9033E 7-1-78 KC -78-086 3-29-78 KC -9033E 7-1-79 KC -79-146 4-23-79 KC -9033E 6-26-81 KC -81-213 6-9-81 KC -9033E 10-18-83 KC -83-207 9-16-83 KC -9033E 1-31-85 KC -84-166 10-3-84 KC -9033K 1-1-82 KC -82-051 12-31-81 KC -9033K 1-1-82• KC -83-151 5-23-83 KC -9033V Sec. 8 Existing(Master File) Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Sec. 8 Existing Mod Rehab. Terminates Mod. Rehab. Sec. 8 Existing Housing Voucher(RR) 44S -Z/ RESOLUTION NO. 85-172 RESOLUTION COMMITTING A MAXIMUM OF $55,000 AS A DONATION TO HOUSING PROJECT IA05-PO22005 WHEREAS, the City has applied for and of Housing and Urban Development (HUD) units under project IA05-PO22005. received approval from the Department to purchase 10 existing three-bedroom WHEREAS, the City's funding contribution to said project is to be an amount not to exceed $55,000, the exact amount to be determined upon completion of said project, and WHEREAS, HUD requires that the City's funding contribution to said project be denoted as a gift so that such funding shall not constitute a lien against the project, any of its accounts, rents, profits, or income. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a monetary gift from the City in an amount not to exceed $55,000.00 is hereby committed to said housing project IA05-PO22005 and that said gift shall not constitute a lien against said project, any of its accounts, rents, profits, or income. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: Passed ATTEST: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber and approved this 4th day of Jame 1985. " /0,-/ 0--� Y)OR CIT CLERK Reae-toad a t ppioved By Toe Legal epar ment j/730/65, L1115�5 RESOLUTION NO. 8S-173 RESOLUTION ABATING STREET AND SIDEWALK ASSESSMENTS CHARGED AGAINST PROPERTY IN WESTGATE SUBDIVISION. WHEREAS, the plat of Westgate Subdivision shows a parcel of land as a "Private Park" while, in fact, the land is too steep and rutted to be used as a park and, apparently, is of little value; and WHEREAS, the owners of that parcel abandoned it, taxes against it were not paid, and the parcel was sold to an abutting property owner for $11.48 at tax sale in 1977; and WHEREAS, on separate occasions sometime after 1980, the Johnson County Treasurer's Office discovered that two separate special assessments should have been charged against the parcel, but because the assessment schedule differed somewhat from the Assessor's description, the assessments had not been charged against the land in question, and those errors were cor- rected; and WHEREAS, the parcel has again been offered at tax sale, but without being sold, and if not purchased this year will be offered at the so-called "scavenger" sale next year; and WHEREAS, it seems likely that, pursuant to Iowa Code Sec. 446.19, Johnson County will be required to purchase the parcel at the scavenger sale, in which case all past due taxes and assessments will be extinguished; and WHEREAS, if the assessments (which as of April 1, 1985 totaled $3,074.56 of principal, interest and penalties) are abated, the parcel may be sold at the 1985 tax sale and restored to the tax rolls; and WHEREAS, abatement of the assessments appears to be an expeditious method of returning the parcel to the tax rolls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The special assessments for streets (levied March 7, 1972) and sidewalks (levied November 14, 1975) levied against that certain parcel of land known in the City Assessor's Office as the "Creekbed Area in Westgate Addition" (Parcel #63198000) shall be and hereby are abated. 2. The City Clerk is authorized and directed to certify a copy of this Resolution to the office of the Treasurer of Johnson County. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: 4 xesoiucnon no. Page 2 AYES Passed and approved this 4th ATTEST: CITY CLERK NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber day of June 1985. IO Received & Approved ay----�=— V�—Rr•pijme q57 RESOLUTION NO. 8S-174 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1985 THROUGH JUNE 30, 1986. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1985, through June 30, 1986, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald R Strait X Zuber Passed and approved this 4th day of Jame 1985. ATTEST: ,e_. r� -^n1 ) CIT ERK C Rees=hied A Approved By The Le9a1 DeparhneM s�85 It/58i CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1985 Ik JUNE 30, 1986 X59 TABLE OF CONTENTS ARTICLE PAGE Preamble. . . . . . . . . . . . . . . . . . . . . . . . . 1 Article I -- Recognition . . . . . . . . . . . . . . . . 2 Article II -- Management Rights. . . . . . . . . . . . . .2 Article III -- No Strike - No Lockout . . . . . . . . . . . . . 3 Article IV -- Dues Check Off . . . . . . . . . . . . . . . . . 3 Article V -- Hours of Work . . . . . . . . . . . . . . . . . . 4 Article VI -- Overtime . . . . . . . . . . . . . . . . . . . 5 Article VII -- Special Leaves . . . . . . . . . . . . . . . . . 6 Article VIII -- Holidays . . . . . . . . . . . . . . . . . . . 8 Article IX -- Sick Leave . . . . . . . . . . . . . . . . . . . 9 Article X -- Vacations . . . . . . . . . . . . . . . . . 10 Article XI -- Union Activities . . . . . . . . . . . . . 11 Article XII -- Uniforms and Equipment . . . . . . . . . . . . . 12 Article XIII -- Insurance. . . . . . . . . . . . . . . 13 Article XIV -- Duty Outside the City . . . . . . . . . . . . . 13 Article XV -- Training Programs . . . . . . . . . . . . . . . . 14 Article XVI -- Bulletin Boards . . . . . . . . . . 14 Article XVII -- Personnel Transactions . . . . . . . . . . 14 Article XVIII -- Discipline. . . . . . . . . . . . . . . . . 15 Article XIX -- Transfer Procedures . . . . . . . . . . . . 15 Article XX -- Supplemental Employment . . . . . . . . . . . . . 16 Article XXI -- Safety. . . . . . . . . . . . . . . . 16 Article XXII -- Grievance Procedure . . . . . . . . . . . . . . 17 Article XXIII -- General Conditions . . . . . . . . . . . . . . 19 Article XXIV -- Waiver . . . . . . . . . . . . . . . . . . 19 Article XXV -- Savings Clause . . . . . . . . . . . . . . . . . 20 Article XXVI -- Duration . . . . . . . . . . . . . . . . . . . 20 Article XXVII -- Wages . . . . . . . . . . . . . . . . 20 Article XXVIII -- Other Compensation . . . . . . . . . . . . . 21 Article XXIX -- Use of Time Off . . . . . . . . . . . . . . . . 22 PREAMBLE This Contract is entered into by the City of lowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: yG 1 E ARTICLE I RFCnRNTTTnN The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieuten- ants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representa- tion of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, loca- tions, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mis- sion. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ��a 3 ARTICLE III STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employ- ees in the bargaining unit, while acting in the course of their employ- ment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancel- lations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. 4 ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. to exchange work shifts within grade upon the following procedures: The City will permit fire fighters and between captains and lieutenants a. Two employees may make a mutual request in writing to the Battal- ion Chiefs of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are re- quired. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. c. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place within the fiscal year, upon termination, or by such time as required by the law, which- ever comes first. d. The substitution may not impose any additional costs on the Employer, and in the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classisfication. If an acting temporary appointment out of rank is made in writing by the Fire Chief for a period which exceeds 20 calendar days, the employee so appointed will be paid at the beginning pay rate, or beginning rate plus one step, when necessary to increase the salary in the acting appointment, of the rank in which he/she is acting on the first full shift on the 20th day. Such adjustments will be retroactive to the original date of appointment should the appointment go beyond 20 days. In making such appointments, the Fire Chief will look first to persons from the shift who are on the promotional 76q 5 list with the highest standing. If a person's name from the effected shift does not appear on the promotional list, the Fire Chief will then go to the most senior person on the shift. Section 6. Excused - Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times. agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, finan- cial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2 1/2) hours. If the emergency call-in takes more than two and one-half (2 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for ` %S overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, b. The City's medical advisor determines that time off work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using sick leave for on-the-job injury, the City will return to the employee such sick leave. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or immediate supervisor. Section 3. Leave of AbsenceWithout Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not "7146 7 exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b, shall not receive any other accruals or job benefits during the period of absence; c. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. d, shall not earn sick, vacation, or other leave; e. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire supression activities. 0 In the event that the employee is not excused the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLTnAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independ- ence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employ- ees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees. may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumu- late unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumu- lated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termina- tion. rGO 10 Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence. Section 3. Notifications. An employee shall notify his/her supervi- sor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. A permanent employee is entitled to an additional twelve (12) hours of sick leave for each six (6) months of continuous employment without use of sick leave. For purposes of this Section, continuous employment includes paid leaves and excludes leave without pay or disabil- ity leave. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: `1,76 Length of Service 11 Hours Per Month Hours Per Year 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day -10 years 16 hours (8 shifts/yr) 192 10 years 1 day -15 years 18 hours (9 shifts/yr) 216 15 years 1 day -20 years 20 hours (10 shifts/yr) 240 More than 20 years 22 hours (11 shifts/yr) 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between January 1 and May 15 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more that two hundred eighty-eight (288) hours of accumu- lated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the All -Purpose Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored. 12 Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of Iowa State Association of Professional Fire Fighters Conven- tion. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equip- ment which are required for employees. The following uniforms will be provided: Uniform cap Blouse Necktie 3 summer shirts 3 winter shirts 3 dress pants Work gloves and mitts Winter coat 3 work pants Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night boots 1 pair work shoes Department patches/badges Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. V/ z 13 ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. The City will pay $135.00 per month or full family premium cost for employees who elect to obtain family coverage during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full family health insurance premium costs that are in excess of $135.00. A pro rate share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, custom- ary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. E.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The city will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargain- ing by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. Y /3 14 ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employ- ees within the bargaining unit is of primary importance to main- taining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the Union agree to support and administer the Apprentice Program (Department of Labor) currently in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on Union to post notices. The Fire Chief will have posted or displayed on walls, bulletin boards, similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTI bulletin boards for the final review of materials blackboards, and other Section 1. Employees shall receive a copy of payroll transac- tions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Materials removed will be placed in an inactive file. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. 15 ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of discipli- nary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning 2. Written reprimand or warning 3. Lots of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two condi- tions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary trans- fers. 16 ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who ,operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Safety Committee. A safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: a. Conducting safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. c. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. Ll X4 17 ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by Revs representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one repre- sentative will represent a grievant for any one grievance. The represen- tative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this con- tract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following comple- tion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated repre- sentative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a state- ment from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. Z//7 IW The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her represen- tative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. if the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Con- ciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. 19 The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to dis- criminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of .$10.00 per month for members of the bargaining unit during the life of this Contract. The City will assume no increase in responsibility in admini- stering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union repre- sentative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. if the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and condi- tions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the author- ized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. q'79 20 The Contract supercedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1985, and June 30, 1986, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any exten- sion thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benfit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. The base pay of each step for the Iowa City Fire Depart- ment Firefighters, Lieutenants, and Captains will be increased by three and nine -tenths (3.9) percent at the beginning of Fiscal Year 1986 said adjustment to become effective on the appropriate date as defined in Section 1 above. A copy of the pay plan for FY86 is attached to this agreement as Exhibit A. 21 ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two (2%) percent of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1984. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month (May, 1985) and for August, 1985 -November, 1985 -February, 1986 -May, 1986. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two (2) percent of an employee's base salary for the quarter in question. Further- more,any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1, 1985, to reflect years of service with the City according to the following schedule: Length of Service on December 1 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275.00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $525 will be made to each permanent full-time bargaining unit employee as of December 1, 1985. In the event that an employee terminates for any reason after December 1, 1985, he/she will )/JV/ 22 reimburse the City from this payment on a prorated basis (monthly seg- ments). For example, an employee who retires on January 1, 1986, will return $200.00 of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of one hundred dollars ($100.00) on the second pay day of the fiscal year. ARTICLE XXIX USE OF TIME OFF Policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and sched- uled, its use shall not be denied due to attendance at training sessions by other shift personnel, unscheduled absences of non -bargaining unit personnel (except for sick leave), position vacancies greater than six (6) consecutive months due to termination of employees or creation of new positions, or on a purely arbitrary basis. CITY OF IOWA CITY, IOWA Date: -.) IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, Y: QIAFFI, AFL-CIO, LOCC%AL #610,0 n 4( C 4!% AA'C.'W J L dp^ Y: Date: EXHIBIT A FIRE PAY PLAN FY86 (June 29, 1985) POSITION TITLE 1 2 3 4 5 6 35-01 Hr 6.54 6.82 7.12 7.41 7.74 8.09 Fire Fighter* Biwk 732.48 763.84 797.44 829.92 866.88 906.08 Ann 19,044.48 19,859.84 20,733.44 21,577.92 22,538.88 23,558.08 36-01 Hr 8.09 8.44 8.84 Fire Lieutenant* Biwk 906.08 945.28 990.08 Ann 23,558.08 24,577.28 25,742.08 37-01 Hr 8.84 9.21 9.62 Fire Captain* Biwk 990.08 1,031.52 1,077.44 Ann 25,742.08 26,819.52 28,013.44 *56 hour work week EXHIBIT B IOWA 500 IOWA 500 HEALTH CARE COVERAGE P. 1 IOWA 500 coverage carbines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after'the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family nd IOWA 500 coverage? To encouraue continuino medi nospitai stays. inese ettorts, of course, can help keep health care costs --and rates --in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi -private room and board . Necessary services and supplies . Operating rooms, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services PHYSICIAN SERVICES 90/10 . Home and office vists • One routine annual physical exam Pre -natal and post -natal care in physician's office Immunizations Hospital visits and nursing facility visits Outpatient NERVOUS AND MENTAL 90/10 . Surgery Outpatient - 90/10 to $10,000 . Diagnositc x-ray and laboratory Lifetime Maximum. services . Accident care SKILLED NURSING FACILITY 90/10 Unlimited Room and Board HOME HEALTH CARE 90/10 Services and supplies . Services provided by a Registered Nurse . Services prescribed by a physician 707 P.2 THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These,other. services are subject t0 a $100 contract deductible per calendar year . Prescriptions Nursing Services . Anesthetics Private -duty nursing services . Blood plasma . Casts Ambulance . Crutches . Air . Durable medical equipment . Ground . -Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT Hospital - The Subscriber is responsible for the first two days of semi- private room and board. (One -day deductible option also is available). Per Hospital Admission. Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year. for medical supplies and services. These may include Prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for"nervous and mental conditions is paid 90/10 co -payment until the $10,000 Lifetime Maximum is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. HospiW n oew — service Service Covered Services 1 or 2 day 900mo% $100 deductible deductible 9D%10% unw 5500 Per contract maruem 45 Summary of riefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective dental maintenance. More than 80°19 of the dentists in Iowa participate In the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and your employees — and saves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Preventive Maintenance benefit includes: • Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. M -0112-A 234 2M P.3 Delta Dental Plan Of Iowa W Deka Dental in of Iowa RATE QUOTATION PLAN II Program Benefits Deductible Copayment Singl&Tamlly © Preventive Maintenance (Annual) $ - _ © Routine Restorative $ 25/75 50 ° /o © Major Restorative $ " 50 ❑ Dental Prosthetics $ ❑ Periodontics $ ❑ Orthodontics $ ❑ Dependents to age ❑ Full-time students ❑ Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ _ _ per month These rates guaranteed for 12 months beginning on 7-1-85 if purchased by 7-1-85 (date) (date) *Rates quoted here are based upon census information provided and acquiring and maintaining a minimum enrollment of So% of total eligible employees for the duration of the contract. I� Iy�l.1�.-k,� �-14X. 4uthorized Repres n tive Date This is a general descliption of coverage. It is not a statement of contract. Actual coverage is subject to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. P.4 Delta Dental Plan M-0111 i'61 7M of l om SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS I.AFF, AFL-CIO, LOCAL 610 MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge'or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (pre -withholding). Documentation of the em- ployee -initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. CI OF WA CIT By:� CITY GER /i��M ��ll� NA/ !�l Date: ZO/ sd'y IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL 8610 By: ggne P'R3T6 Date: q- L - 8 a o� I RESOLUTION NO. 8S-175 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1985 THROUGH JUNE 30, 1987. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1985, through June 30, 1987, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Erdahl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were. AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 4th day of Jame 1985. YOR ATTEST: CIT CLERKRK Roca-Frad 82 Appmved By ios lomat Derrerimenf ygi CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 1985 TO JUNE 30, 1987 Y 9d TABLE OF CONTENTS ARTICLE PAGE Preamble . . . . . . . . . . . . . . . . . . . . . . . . 1 Article I -- Recognition , , , , , , , , , , , , , , 2 Article II -- Management Rights. . . . . . . . . . . . . . 2 Article III -- Check Off . . . . . . . . . . . 2 Article IV -- Union Business Agents . . . . . . . . . . . . . . 3 Article V -- Union Meetings . . . . . . . . . . . . . . . . . . 3 Article VI -- Bulletin Boards . . . . . . . . . . . . . . . . . 4 Article VII -- Seniority . . . . . . . . 4 Article VIII -- Daily and Weekly Hours of Work . . . . 5 Article IX -- Overtime -Standby . . . . . . . . . . . . . . . . 6 Article X -- Holidays . . . . . . . . . . . . . . . . . . . 7 Article XI -- Vacations . . . . . . . . . . . . . . . . .. 8 Article XII -- Sick Leave . . . . . . . . . . . . . . . . . . 9 Article XIII -- Special Leaves . . . . . . . . . . . . . . . . 10 Article XIV -- Lay -Offs . . . . . . . . . . . . . . . . . 13 Article XV -- Training . . . . . . . . . . . . . . 13 Article XVI -- Personnel Transactions. . . . . . . .. 14 Article XVII -- Shift Transfers . . . . . . . . . . . . . 14 Article XVIII -- Insurance . . . . . . . . . . . . . 15 Article XIX -- Equipment . . . . . . . . . . . . . 15 Article XX -- Weapons and Equipment. . . . . . . 16 Article XXI -- Adequate Facilities . . . . . . . . . . . . . . . 16 Article XXII -- Uniforms . .16 Article XXIII -- Duty outside t*City he 17 Article XXIV -- Supplemental Employment. . . . . . . . . .. 17 Article XXV -- Position Classification . . . . . . . . . 18 Article XXVI -- Grievance Procedure. . . . . . . . .. . . 18 Article XXVII -- Effective Period. . . . . . . . . , 21 Article XXVIII -- Compensation . . . . . . . . . . . . . . . . 21 Article XXIX -- Public Emergency . . . . . . . . . . . . . . . 22 Article XXX -- General Conditions . . . . . . . . . . . . . . . 22 /_/W PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF I014A CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimina- tion. That parties specifically agree to the following Articles: q9Z 2 ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bar- gaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall in- clude all Iowa City police officers and does not include the Police Chief, Captains, Sergeants, and any other individuals who are or may become con- fidential, administrative, supervisory, or less than halftime employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through au- thorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and author- ity include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in per- sonnel by which its operations are to be conducted and to de- velop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mis- sion. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employ- ees who individually authorize in writing that such deductions be made. Y" 3 Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the de- ductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargain- ing unit. An officer may voluntarily cancel or revoke authoriza- tion for check off upon ten (10) days written notice to the City and the Union. Section 4. The City agrees to withhold, upon receipt of proper au- thorization from an officer, the sum of Five Dollars (;5.00) monthly from each officer's salary to be paid by the City at least once quarterly to Treasurer, Local 16 of the Iowa City Policeman's Association. Section 5. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. Y9y 4 ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be lo- cated in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorse- ment or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City po- lice officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive sched- uled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Re- ceipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disa- bilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of senior- ity will be determined by lot. Section 5. Except as otherwise specifically provided herein, senior- ity shall be the controlling factor to be considered in making determina- tions for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. L/5.S 5 ARTICLE VIII DAILY AND WEEKLY HOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous shift shall consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. C. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the sched- ule in Section 1, subsection b. For example: (1) For an officer assigned to the 7am to 3pm shift, days off shall commence at 3:00 pm on the last regularly scheduled working day and end at 7:00 am on the next regularly sched- uled working day. (2) For the 3 pm to 11 pm shift, days off commence at 11 pm on the last regularly scheduled working day and end at 3 pm on the next scheduled working day. (3) For the 11 pm to 7 am shift, days off commence at 7 am on the last regularly scheduled working day and end at 11 pm on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) con- secutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. 491, E Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) min- utes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervi- sor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he/she is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of eight (8) hours a day, forty (40) hours a week, or minimal call-in time as herein- after defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disap- proved by the City. Authorization by the shift commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1-1/2) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a mini- mum of two (2) hours of overtime. Section 4. Overtime Equalization. a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the type of work required, the ability of the individual offi- cer, his/her availability, and his/her desire to per- form the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). y97 7 c. The parties agree that the above overtime equalization pro- visions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (1/2) hour immediately following his/her normal work day, or b. One additional one-half (1/2) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week or weekend call. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed forty (40) hours in any one fiscal year and any ex- cess in accumulation over forty (40) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compen- sated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanks- giving; Christmas Day (December 25); and one personal leave day. 0 Section 2. In addition, there shall be granted to officers who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous shift shall receive eighty-eight (88) hours of holiday credit on July 1 annually. Any con- tinuous shift officer who begins work after July 1 of any year will re- ceive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for eighty-eight (88) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives eighty-eight (88) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full shift on a holiday, four (4) hours of addi- tional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full shift on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m, on the day preceding the holiday date and continues for a pe- riod of twenty-four (24) hours thereafter. The shift starting time con- trols holiday designation. For non -continuous shift officers, a holdiay which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay pe- riod according to the following schedule: Length of Service 0-5 years 5-10 years 10-15 years 15-20 years 20 years plus Days Earned Per Month 1 1 1/4 1 1/2 1 3/4 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate un- used sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any offi- cer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (1/2) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An officer must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. After completion of the initial probationary period, a day of accmulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable noti- fication by the supervisor of the need for a doctor's state- ment will be given in order to allow time to comply. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. 10 (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the shift immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the shift supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the offi- cer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE XIII SPECIAL LEAVES Section 1. On -the -Job In'ur Upon application the City may, in addition to any other eave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Police Pension Board (I.C.P.P.B.), and b. The medical advisor of the I.C.P.P.B. determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the shift when the injury occurs and for a period of two (2) days thereafter if authorized by the I.C.P.P.B. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the I.C.P.P.B. after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compen- sability by the I.C.P.P.B. However, in the event that the injury or illness in question is subsequently determined to be non -compensable by the I.C.P.P.B., the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, 11 sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termina- tion of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if ap- plicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. c. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. v�d.2_ 12 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her shift shall return to work. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re -instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary ad- vancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapaci- tated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of ex- 115GL3 13 tension granted by the City, the officer will be considered to have volun- tarily resigned or retired. The officer will return to work as soon as r she is medically able to do so. ARTICLE XIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be re- quired to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. This section shall not be applicable to officers on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as deter- mined by the Chief of Police. Section 6. This Article shall not be applicable to training pro- grams attended by an officer on a voluntary basis when not on duty. 14 Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the pur- pose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regu- lations and provide each officer with a copy thereof. Upon promulga- tion of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII SHIFT TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different shift, he/she shall make ap- plication to the Chief of Police. The Chief of Police will not unreasona- bly withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the shift, and the need for personnel having certain qualifications on said shift. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade shifts provided that the Chief of Police approves any such transfer. Section 2. No officer who is sick or vacation leave by virtue agreed by the officer and the City. transferred shall lose any days off, of such transfer unless mutually S�5 15 Section 3. The employer agrees to provide to each affected offi- cer written reasons for and reasonable notice of involuntary shift trans- fers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The parties shall negotiate increases in health care costs in the future. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. The parties shall negotiate increases in single dental care costs in the future. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1000 in annual salary shall be rounded off to the next higher thousand. ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehi- cles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the shift commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with ade- quate protective clothing as reasonably determined by the Chief. Section.6. To the greatest extent possible, officers shall prop- erly use the equipment furnished by the City. <5,9 47 16 Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpen- dable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on all the radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish within a reasonable period of time some bullet-proof vests with the number, type and quality being de- termined by the Chief of Police. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other fa- cilities separately for male and female officers. ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regu- lation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. 5D 51 17 g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of two hundred ($200.00) dollars at the end of every four (4) months for clothing. Upon submission of receipts by an officer, the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred dollars ($100.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervi- sor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the sup- plemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. vr0 S, ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other posi- tions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis, said officer shall receive his/her own pay or the pay designated for such other classifica- tion in which he/she is temporarily serving, whichever is higher, pro- vided: a. That the pay in the temporary classification shall not be applicable until the officer has served at least fifty (50) days or more within one calendar year in such other capacity. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agree- ment. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union gener- ally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stew- ards and four (4) alternate stewards for the purpose of repre- senting officers in the investigation and presentation of grievances. The Union shall be given written notice to the City Man- ager and Chief of Police the names and address of stew- ards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to inter- fere with assigned police work. Permission to process griev- ances will not be unreasonably denied. c. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determinati- on of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3. of Section 2 of this Article XXVI in connection with any griev- ance, such action shall constitute an election by said officer Ell to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specif- ically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. Unless a grievance is appealed as hereinafter it shall have no further validity or sponse to a grievance is not received within tion hereinafter provided the grievant may next step in the grievance procedure limitation referred to in this Article by agreement of the parties. provided, effect. If a re - the time limita- proceed to the except the time may be extended f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. Steps of the grievance procedure may be waived by mutual con- sent of the parties. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be pro- cessed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discus- sion between the officer involved, the steward, and the appro- priate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved per- son, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated repre- sentative who shall, within a period of five (5) working days investigate and document the grievance and issue a deci- sion in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. E c. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory griev- ance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representa- tives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiv- ing the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommenda- tion within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writ- ing. e. Arbitration. A grievance not adjusted at Step 4 may be sub- mitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Cop- ies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the officer within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbi- trator, a request shall be made to the Federal Media- tion and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the officer shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. 5// 21 The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applica- ble. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. c. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meet- ings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A rep- resentative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1985, and shall continue through June 30, 1987. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by four percent (4%) at the beginning of each fiscal year covered by this agreement based on each officer's salary as of the day prior to the effective date. (A copy of the Police Pay Plan is included as "Attachment A" to this agreement.) . Sim 22 Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in Novem- ber in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $275.00 10 years $350.00 15 years $450.00 20 years $550.00 This payment will be pro -rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro -ration. Section 4. Shift Differential. Officers working the 3 to 11 shift on a regular basis will receive five (5) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 shift on a regular basis will receive ten (10) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive shift differential at the same rate as their normal duty hours. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. 23 Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, offi- cials, and employees. Section 3. Both parties affirm that the provisions of this Agree- ment shall be applicable to all officers regardless of race, color, relig- ion, sex, age or ethnic background. Section 4. Waiver. This Agreement supercedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. CITY OF IOWA CITY BY: ` 4 /�?& BY: �AYOR ATTEST: %pn c.� .i a% 7Gnnni BY: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY Date: I�7��5 Date: ell EXHIBIT A POLICE PAY PLAN FY86 (June 29, 1985) POSITION TITLE MINIMUM 1 40-01 Hr 8.77 Police Officer Biwk 701.60 Ann 18,241.60 8.99 719.20 18,699.20 MID -POINT 10.78 862.40 22,422.40 11.81 944.80 24,564.80 MAXIMUM 12.70 1,016.00 26,416.00 POLICE PAY PLAN FY87 (June 28, 1986) POSITION TITLE MINIMUM MID -POINT MAXIMUM 1 2 3 4 5 40-01 Hr 9.12 9.35 11.21 12.28 13.21 Police Officer Biwk 729.60 748.00 896.80 982.40 1,056.80 Ann 18,969.60 19,448.00 23,316.80 25,542.40 27,476.80 ,l SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (pre -withholding). Documentation of the em- ployee -initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. YM Keo'OW CITY JA ByeoeBy: CITY MANAGER Date: `7 D if dl'Y Date: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY CITY CSF CIVIC CENTER 410 E. WASHINGTON ST April 18, 1985 OWr\ CITY IOWA CITY, IOWA 52240 (319) 356-500D Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XVIII, Section 1 and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Sincerely, Dale E. Helling' Assistant City Manager bj3/9 Michael E. Goldberg President, PLRO-IC S/ X IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family , of course, can help line. THE IOWA 500 Plan Lovers These Extensive Services: HOSPITAL CARE 90/10 Inpatient • Semi -private room and board . Necessary services and supplies . Operating rooms, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services cal care PHYSICIAN SERVICES 90/10 Home and office vists One routine annual physical exam Pre -natal and post -natal care in physician's office Immunizations Hospital visits and nursing facility visits Outpatient NERVOUS AND MENTAL 90/10 . Surgery Outpatient - 90/10 to $10,000 . Diagnositc x-ray and laboratory Lifetime Maximum. services . Accident care SKILLED NURSING FACILITY 90/10 . Unlimited Room and Board HOME HEALTH CARE 90/10 . Services and supplies . Services provided by a Registered Nurse . Services prescribed by a physician THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: these",other services are subject t0 a $100 contract deductible per calendar year . Prescriptions L Nursing Services . Anesthetics Private -duty nursing services . Blood plasma . Casts Ambulance . Crutches Air . Durable medical equipment . Ground .Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT Hospital - The Subscriber is responsible for the first two days of semi- private room and board. (One -day deductible option also is available). Per Hospital Admission. Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 co -payment until the $109000 Lifetime Maximum is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. HospU Phr� curer Service Service Covered Services 1 or 2 day 9096!10% $100 deductible deductible WAA0% WW $500 Per conrw ffW*TW n c57 Summary of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective dental maintenance. More than 800/6 of the dentists In Iowa participate In the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and your employees — and saves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Preventive Maintenance benefit includes: • Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. M -0112.A 214 2M Delta Dental Plan of Iowa lJ121 Deka Dental rlan of Iowa RATE QUOTATION PLAN II Program Benefits D Preventive Maintenance Deductible Single/Family (Annual) Copayment D Routine Restorative $ 25/75 50 % D Major Restorative $ ° 50 % ❑ Dental Prosthetics ❑ Periodontics $ $ % ,gyp ❑ Orthodontics $ ❑ Dependents to age ❑ Full-time students ❑ Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ _ _ per month These rates guaranteed for 12 months beginning on 7-1-85 (date) if purchased by 7-1-85 (date) *Rates quoted here are based upon census information provided and acquiring and maintaining a min mum enrollment of 90% of total eligible employees for the duration of the contract. {t. authorized Repres n tive Date This is a general description of coverage. h is not a statement of contract. Actual coverage is subjeA to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. Delta Dental Plan N-0111 alai 3M of Iowa c 5- ,,;2 —'2 RESOLUTION NO. 85-176 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. It was moved by Strait and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Baker x Dickson Erdahl x McDonald X Strait X Zuber Passed and approved this 19 85 Attest:4"- City Clerk X ►1 18th day of June �ti 0' ayor _S;?3 June 18, 1985 Meetin 85-25 Iowa City Kum $ Gd #422, S13 S. Riverside 85-26 Federal Bldg. - Snack Shop, 400 S. Clinton 85-29 Walgreens, 1646 Sycamore Street 85-30 Eagles Lodge Aerie #695, P.O. Box 507 85-31 The Annex, Inc., 819 1st Avenue 85-34 Randall's, 1851 Lower Muscatine 85-42 Tuck's Place, 210 N. Linn 85-79 Central Pharmacy Center, 701 E. Davenport 85-85 T$M Mini Mart Ltd., 2601 Hwy 6 East 85-116 Osco Drug #448, 201 S. Clinton 85-122 Harry's Dodge Street DX, 605 N. Dodge 85-135 Kirkwood 176, 300 Kirkwood Avenue 85-148 Gabes, 330 E. Washington 85-lSS King Richard's, Sycamore Mall 85-24 Kum & Go #104, 1104 S. Gilbert 85-23 Dave's Fox Head Tavern, 402 E. Market 85-128 Revco Discount Drug Center No. 3019, 1101 85-129 Finkbine Golf Course, University of Iowa 85-130 Iowa Memorial Union, University of Iowa 86-2 Maid -Rite Corner, 630 Iowa Avenue 86-3 Billaro's, 1210 Highland Court 86-4 Vito's, 118 E. College 86-5 Givanni's, 109 E. College Street 86-6 Lenny's, 122 Wright Street 86-7 Dooley's, 18-20 S. Clinton 85-16 Wareco, 828 S. Dubuque South Riverside Drive 85-44 Diamond Dave's Taco, 118 S. Clinton 85-56 Poggie's Tap, 928 Maiden Lane 85-60 Towncrest Inn, 1011 Arthur Street 85-62 Mumm's, 21 W. Benton Street 85-63 Plamor Lane, 1555 First Avenue 85-64 Micky's, 11 S. Dubuque Street 85-65 Mill Restaurant, 120 E. Burlington 85-69 Highland Avenue DX, 1310 S. Gilbert Street 85-70 Highlander Motor Inn, Hwy. 1 $ I-80 85-73 Field House, 111 E. College Street 85-74 Bo -James, 118 E. Washington Street 85-75 Carlos O'Kelleys, 1411 S. Gilbert Street 85-76 American Legion Post #17, American Legion Road 85-77 Country Kitchen, 1402 S. Gilbert ,.6 J CIGARETTE PERMITS: July 1, 1985 - June 30, 1986 June 18, 1985 Meeting (Continued) 85-90 Bill's I-80 Conoco, Hwy 1 $ I-80 85-91 Copper Dollar, 211 Iowa Avenue 85-92 Deadwood, 6 S. Dubuque 85-93 Doc's Standard, 801 S. Riverside Drive 85-94 Fitzpatrick's, 525 S. Dubuque 85-96 R. T. Grunts, 826 S. Clinton 85-97 Kitty Hawk, 800 S. Dubuque 85-99 Mama's, 5 S. Dubuque 85-100 Paul's Hardware, Hwy. 1 West 85-101 Rossie's Cafe, 329 S. Gilbert 85-102 Sanctuary, 405 S. Gilbert 85-103 Senor Pablos, 920 1st Avenue 85-104 6:20, 620 S. Madison 85-105 Sports Column, 12 S. Dubuque 85-107 VFW 3949, Hwy. 6 Bypass 85-108 Village Inn, 9 Sturgess Corner 85-109 Vine, 330 E. Prentiss 85-114 Vitosh Standard, 1905 Keokuk 85-143 Stonewalls, 127 Iowa Avenue 85-145 Golden Corral, 621 S. Riverside Drive 85-146 Hungry Hobo, 517 S. Riverside 85-149 Yacht Club, 1515 Mall Drive 85-151 Coaches Corner Lounge, 1220 Highway 6 West 85-152 The Ground Round, 837 South Riverside Drive 85-154 Howard Johnson's, HW. 1 $ I-80 85-lSS King Richard's, Sycamore,Mall 86-8 Magoo's, 206 N. Linn 86-9 Donutland, 817 S. Riverside Drive 86-10 Amelia Earhart, 223 E. Washington 86-11 Holiday Inn, 210 S. Dubuque 86-12 Hilltop Tavern, 1100 N. Dodge 85-138 Burger Palace, 121 Iowa Avenue 85-150 Ye Old Keg Shoppe, 1910 S. Gilbert Street 15W-5 Ll' RESOLUTION NO. 85-177 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 or liquor control license, to wit: Mill Restaurant, 120 E. Burlington Fraternal Order of Eagles #695, 225 Hwy. 1 S., P.O. Box 507 It was moved by Strait and seconded by Ambrisco that the Resolution as read e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber x Passed and approved this 1Rth day of T„nP 19 85 . yor Attest: City Clerk RESOLUTION NO. 8S-178 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY86 ASPHALT RESURFACING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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 16th day of July , 1985 , 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 18th day of June , 19 85 ATTEST:`70�'Z,LJ CITY CLERK Received & Approves By The Legal epairfirnent RESOLUTION NO. 85-179 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND AGENCIES LEASING SPACE AT THE SENIOR CENTER ON A REGULAR, PART-TIME BASIS. WHEREAS, the City of Iowa City is operating a senior center for the benefit of elderly residents of Johnson County; and WHEREAS, agencies such as Community and Home Health Services Agency, Widowed Persons Service, and the Department of Human Services offer services which benefit the elderly; and WHEREAS, the Senior Center Commission continually reviews and approves space applications from such agencies serving the elderly for use of space at the center on a regular, part-time basis. A form contract, as attached hereto and incorporated by this reference, is used for the lease of space to such agencies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the City Manager is hereby authorized to execute all lease of space agreements between the City of Iowa City and any agencies offering services to the elderly at the Senior Center on a -regular, part-time basis. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT: X Ambrisco X Baker X Dickson X Erdahl x McDonald X Strait x Zuber Passed and approved this 18th day of June 1985. ATTEST: �rjQ„ �� ) 4/ -2�wZ' CIT CLERK Received R Approved By The Legal Department 'S-24? 1%,\ LEASE OF SPACE NIOR CENTER THIS AGREEMENT, made and entered into this day of by and -between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and here- inafter referred to as Agency, whose address for the purpose of this agreement is WHEREAS, the Agency has applied for the use of space at the Iowa City Senior Citizens Center on a scheduled, intermittent basis, and WHEREAS, the Agency's application has been approved by the Senior Center Commis- sion as having met the criteria for use of space as provided in Section 3.34 in the Senior Center Operational Handbook. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND AGENCY AS FOLLOWS: 1. The City agrees to provide space to the Agency in the (room) on the (floor) of the Iowa City Senior Citizens Center etween the hours ot a.m. and p.m. on (days). 2. The term of this agreement shall be from July 1, 1985, to June 30, 1986. However, this agreement may be terminated upon 30 days written notice by either party hereto. 3. The Agency agrees to provide services or activities which benefit the elderly and to meet the program guidelines as defined in Sections 3.31 and 3.32 of the Senior Center Operational Handbook. 4. The lease of space as provided herein is for the mutual benefit of the City and the Agency. 5. The Agency agrees to cooperate in data collection by filing with the Senior Center staff a monthly report which shall include: a) Monthly total of service units/activities provided. b) Monthly total of elderly receiving service or participation in scheduled activities. 6. The Agency agrees not to deny its services to any person on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orienta- tion or physical or mental handicap or disability. 7. This agreement shall not be assigned without written consent of the parties hereto. 8. The Agency agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the Agency employees or volunteers, including but not limited to, injuries to persons or properties served by or coming into contact with the Agency. The Agency agrees that it is not acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. 9. This agreement shall he filed with the City Clerk of the City. FOR THE CITY OF IOWA CITY, IOWA: FOR City Manager icie ATTEST: ATTEST: City Clerk Rscah•c+l E Approved By Tha Le, Depa:trr�nt RESOLUTION NO. 8S-180 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE COMMUNITY AND HOME HEALTH SERVICE AGENCY FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CENTER FOR AN ADULT DAY PROGRAM. WHEREAS, the City of Iowa City is operating a Senior Center for the benefit of elderly residents of Johnson County; and WHEREAS, the City has negotiated an agreement with the Community and Home Health Service Agency for lease of space at the Iowa City Senior Center for the continuing provision of an adult day program, a copy of said contract being attached to the Resolution and by this Resolution made a part hereof; and WHEREAS, the City Council deems it in contract to provide space, utilities Center for the above-named agency. the public interest to enter into said and services at the Iowa City Senior NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached agreement between the City of Iowa City and the Community Home Health Service Agency for lease of space at the Iowa City Senior Center for an adult day program. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 18th day of June , 1985. AYOR ATTEST:t/ CIT CLERK Raceivecl et Appecv6d 7a1 D� a;hnen4 6e S.3a CITY OF IOWA CITY/THE VISITING NURSE ASSOCIATION OF JOHNSON COUNPY ADULT DAY PROGRAM AGREEMENT This Agreement, made and entered into this 78th day of June , 1985, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, and the visitinq Nurse Association of Johnson County, hereinafter referred to as Agency; Now, therefore, be it agreed by and between the City and the Agency as follows: I. Scope of Services A. The City agrees to provide space, furnishings, janitorial serv- ices, utilities, and use of specific equipment and services to the Agency as set forth below. II. General Terms A. The City agrees to provide suitable classroom space on the 2nd floor of the Senior Center to the Agency for the provision of an adult day program for the elderly. This space will be available for use by said program on July 1, 1986 and continue until June 30, 1986, at which time the Senior Center Commission will re- evaluate the success of the program using this space. B. The City agrees to provide heating and cooling for these spaces at a level deemed appropriate for older persons. .r31 Page 2 C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to make available the services of the Senior Center secretary or the phone answering device to accept calls to the program on a limited basis. E. The City agrees to treat in a confidential manner all participant information that is jointly gathered. F. The Agency agrees to provide services and activities which are consistent with the purpose and goals of the Senior Center, such services to include, but not be limited to, health education, group counseling, social group activities, exercise and movement therapy. G. The Agency agrees to submit an annual report on services performed by the agency. H. The Agency agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Iowa City. I. The Agency agrees to cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units/activities provided. Page 3 2. Monthly total of elderly receiving service or participation in scheduled activities (duplicated and unduplicated). J. The Agency agrees to submit a 30 day written notice when program changes are planned. K. The Agency agrees that it shall be responsible for the supervision of the Agency clients while they are participants in the Adult Day Program at the Senior Center. L. The Agency agrees to furnish all furniture and equipment needed for staff and participants' use of this space. M. The Agency agrees to pay for the installation and monthly cost of a phone if it requests one. III.Responsibility A. The Agency agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by Agency employees or volunteers, including, but not limited to, injuries to persons or properties services by or coming into contact with the Agency. The Agency agrees that it is not acting as an agent of the City in the performance of the conditions set forth in this agreement. S5u Page 4 B. The Agency assumes financial responsibility for the maintenance of the present program including staff, supplies, transportation, phone and food. C. The Agency assumes financial responsibility for the continuance of said adult day program. IV. Discrimination The Agency agrees not to deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. V. Assignment A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. C. The parties understand that the City of Iowa City does not directly provide service and that this agreement is solely for the purpose of assigning space in the Senior Center facility for the Agency to operate the adult day program. S3f Page 5 VI. Insurance The Agency shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: Three hundred thousand dollars ($300,000) for personal injuries or death, and fifty thousand dollars ($50,000) for property damage. The failure of the Agency to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. The Agency shall furnish the City with a certificate of such insurance upon request. VII. Termination This agreement shall become effective July 1, 1986 and shall terminate June 30, 1986. However, this agreement may otherwise be terminated upon 30 days written notice by either party. VIII. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in the instrument, and that this agreement constitutes the entire contract. S -3-s Page 6 FOR THE CITY OF IOWA CITY, IOWA 1 j/MCDONALO, MAYOR FOR VISITING NURSE ASSOCIATION OF JOHNSON COUNTY y ATTEST: ATTEST: MARTAN KARR, CITY CLERK Readvad & A ppmvod Ey The Legal Deparhnew RESOLUTION NO. 85-181 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Elderly Services Agency, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center for the above-named agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed respectively to execute and to attest the agreement with the Elderly Services Agency. It was moved by Strait and seconded by Ambrisco the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO _x BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved thisl8th day of ATTEST: Ylnw e%�.zci 7i _ _ 7.2fi1 CI CLERK 1985. S,3% CITY OF IOWA CITY/ELDERLY SERVICES AGENCY LEASE AGREEMENT THIS AGREEMENT, made and entered into this 18th day of Jame , 1985, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as the City and the Elderly Services Agency of Johnson County, Iowa, hereinafter referred to as ESA. WHEREAS, ESA is a non-profit corporation whose goal is to provide services to the elderly; and WHEREAS, it is in the mutual interest of the City and ESA to attempt to meet this goal at the Senior Center; and WHEREAS, Resolution No. 78-142 establishes the City's intent to develop and manage a multi-purpose Senior Center. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND ESA AS FOLLOWS: I. SCOPE OF SERVICES The City agrees to provide space, furnishings, janitorial services, utilities, parking space and use of specific equipment and services to ESA as set forth below. ,$3c? 2 II. GENERAL TERMS A. The City agrees to provide 705 square feet of space on the ground floor of the southwest corner of the Senior Center to ESA for its use in the provision of services to the elderly of Johnson County. The City agrees to provide 145 square feet of space on the second floor to ESA for its use in the provision of the Shared Housing Program. B. The City agrees to provide storage for chore equipment in the building known as "U -Smash -'Em" located at 126 South Gilbert Street in Iowa City, Iowa. C. The City agrees to provide heating and cooling for the agency's office space at a level deemed appropriate for older persons. D. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. E. The City agrees to supply the following furniture: five desks, one desk return, four desk chairs, one secretarial chair, two files, six side chairs. F. The City agrees to make available the services of a xerox machine and print shop at a nominal per copy cost to ESA. 3 G. The City agrees to install a central telephone system which the agency shall use. ESA agrees to pay for the installation of their telephone line(s) and to pay the monthly charge for the line(s). H. The City agrees to furnish refuse pickup on a regular basis. I. The City agrees to treat in a confidential manner all participant information that is jointly gathered. J. ESA agrees to provide services which are consistent with the purpose and goals of the Senior Center as delineated in the Senior Center operational handbook, such services to include, but not be limited to information and referral, outreach, advocacy, chore and respite care service, and shared housing. K. ESA agrees to submit an annual report on services performed by the agency. L. ESA agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Iowa City. M. ESA agrees to cooperate in the Senior Center data collection. A monthly report will be filed with the staff to include: 1. Monthly total of service units/activities provided. 5410 I 2. Monthly total of elderly receiving service (duplicated and unduplicated). N. ESA agrees to inform the City at least 30 days in advance when program changes are planned. 0. ESA agrees to accept the responsibility of opening, closing and supervising the building when its staff occupies the offices at a time when the Center is not open to the general public, and at such times, ESA is not responsible for opening the building to the general public. III. INDEMNIFICATION ESA agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agree- ment, including any wrongdoings caused by the ESA staff or volunteers, including but not limited to, injuries to persons or properties served by or coming into contact with ESA. ESA agrees that it is not acting as an agent of the City in the performance of the conditions set forth in this agreement. IV. DISCRIMINATION A. ESA shall not permit any of the following practices: I . To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. B. ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. V. INSURANCE A. ESA shall maintain in full force and effect a comprehensive liabil- ity insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: three hundred thousand dollars ($300,000) for personal injuries or death, and fifty thousand dollars ($50,000) for property damage. The failure of the ESA to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. I ESA further agrees that each agent, employee and volunteer acting for or on behalf of the ESA will carry personal auto liability insurance. Copies of above said policies are to be furnished to the City upon request. VI. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. VII. TERMINATION This agreement shall become effective July 1, 1985, and shall terminate June 30, 1986. However, this agreement may otherwise be terminated upon 30 days written notice by either party hereto in the event that there is a material or substantial change in the ESA program as described in the application for space in the Senior Center, or in the event of a material or substantial breach by the City of its obligation to provide services and space as specified under this agreement. VIII. This agreement shall be filed with the City Clerk of Iowa City. 7 IX. The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original, but there are no oral agreements that have not been reduced in writing in the instrument; and that this agreement constitutes the entire contract. FOR THE CITY OF IOWA CITY, IOWA: hn McDonald, Mayor ATTEST: ' mac% 9( . pk4l' J Marn K. Karr', City Clerk Received & AppmvW By The Legal Department ESA OF JOHNSON COUNTY: 'I'm" Mc Ell ATTEST: me Title RESOLUTION NO. 85-182 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the American Association of Retired Persons, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center for the above-named agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed respectively to execute and to attest the agreement with the American Association of Retired Persons. It was moved by Strait and seconded by Ambrisco the Reso- lution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x _ ERDAHL x MCDONALD x STRAIT x ZUBER Passed and approved this 18th day of June 1985. YOR ATTEST: CI CLERK Received S Approved y The lz9aj Department 66 _63tS CITY OF IOWA CITY/AMERICAN ASSOCIATION OF RETIRED PERSONS AGREEMENT THIS AGREEMENT, made and entered into this 18th day of June , 1985, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as the City and the American Association of Retired Persons Chapter 1816 of Johnson County, Iowa, hereinafter referred to as AARP. WHEREAS, AARP is a non-profit corporation whose goals are to make the lives of older people more pleasant, to help older people keep control of their lives as long as possible, and to identify and seek solutions to problems not being otherwise addressed; and WHEREAS, it is in the mutual interest of the City and AARP to attempt to meet such goals at the Senior Center; and WHEREAS, Resolution No. 78-142 establishing the City's intent to develop and manage a multi-purpose Senior Center specifically recognizes that "...Service agencies are resources that might be involved in the projects and services of a multi-purpose program." NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND AARP AS FOLLOWS: I. SCOPE OF SERVICES The City agrees to provide space, furnishings, janitorial services, utilities, and use of specific equipment and services to AARP as set forth below. S 2 II. GENERAL TERMS A. The City agrees to provide 168 square feet of space on the ground floor of the Senior Center to AARP for its use in the provision of education and community services to the elderly. B. The City agrees to provide heating and cooling for this space at a level deemed appropriate for older persons. C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to supply the following furniture: one desk, one desk chair, two side chairs. E. The City agrees to make available the services of a xerox machine and print shop at a nominal per copy cost to AARP. F. The City agrees to install a central telephone system which the agency shall use. G. The City agrees to make available the services of the Senior Center secretary or the phone answering device to accept calls to the organization on a limited basis when no AARP staff is present in the office. H. The City agrees to furnish refuse pickup on a regular basis. 5f 3 I. The City agrees to treat in a confidential manner all participant information that is jointly gathered. J. AARP agrees to provide services and activities which are consistent with the purpose and goals of the Senior Center, such services to include, but not be limited to, tax aid, rent reimbursement informa- tion, property tax credit information, peer counseling, medicare and medigap assistance, volunteer training, driving education and Institute of Lifetime Learning. K. AARP agrees to staff their office with volunteers a minimum of 30 hours per week. L. AARP agrees to pay -for the installation of their telephone line(s) and to pay the monthly charge for the line(s). . M. AARP agrees to submit an annual report on services performed by the agency. N. AARP agrees to submit an annual report of requests for services or activities they have received which are not currently provided in Iowa City. 0. AARP agrees to cooperate in data collection. A monthly report will be filed with the staff to include: 5V4 4 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service or participation in scheduled activities (duplicated and unduplicated counts). P. AARP agrees to submit a 30 day written notice when program changes are planned. 0. AARP agrees to accept the responsibility of opening, closing or supervising the building when an AARP activity or service occurs at a time the Center is not open to the general public. III. INDEMNIFICATION AARP agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agree- ment, including any wrongdoings caused by the AARP volunteers, including but not limited to, injuries to persons or properties served by or coming into contact with AARP. AARP agrees that it is not acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. 56 A IV. DISCRIMINATION AARP agrees not to deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. V. INSURANCE A. AARP shall maintain in full force and effect a comprehensive liabil- ity insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: Three hundred thousand dollars ($300,0000) for personal injuries or death, and fifty thousand ($50,000) for property damage. AARP shall furnish the City with a certificate of such insurance upon request. The failure of the AARP to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. VI. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. 11 VII. TERMINATION This agreement shall become effective July 1, 1985, and shall terminate June 30, 1986. However, this agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the AARP program as outlined in the application for space in the Senior Center. VIII. This agreement shall be filed with the City Clerk of Iowa City. IX. The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original, that there are no oral agreements that have not been reduced in writing in the instrument; and that this agreement constitutes the entire contract. THE CITY OF IOWA CITY, IOWA: FOR AARP OF JOHNSON COUNTY: ��L L n McDonald, Mayor e Title ATTEST: Q�uti� -/ -ea4- J Ma 'an K. Karr, City Clerk poc(tNeej A P.pprovacl By Tho Legal Dep. rhmnf ATTEST: G � � Z Nam Y 6:51 RESOLUTION NO. 85-183 RESOLUTION ACCEPTING THF WORK FOR THE SANITARY SEVER FOR HUNTERS RUN SUBDMSION, PARTS 2 AND 3 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer for Hunters Run Subdivision, Parts 2 and 3, as constructed by Knowling Brothers Construction of Iowa City, Iowa AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded byAmbrisco that the resolution as read be adopted, and upon roll cal there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 18th day of June , 19 85 . ATTEST: 24 ,�' ) -/-' CITY CLERK Received & Ai3P nvc= By Tile al Aepaf„�en1 b� RESOLUTION NO. 8S-184 RESOLUTION EXTENDING THE TERM OF THE URBAN ENVIRONMENT AD HOC COMMITTEE THROUGH JULY 1, 1986 WHEREAS, on March 27, 1984, the City Council of Iowa City established the Urban Environment Ad Hoc Committee by Resolution No. 84-59; and WHEREAS, said Committee was charged with various duties including recom- mendations to the Council regarding policies for protecting fragile areas and historic sites, and other policies relating to the urban environment, as well as assisting the Planning and Zoning Commission or other appropri- ate Board or Commission in developing appropriate standards for protecting fragile areas and implementing other policies recommended by this Commit- tee and approved by the City Council; and WHEREAS, the City Council has approved the policies recommended by the Committee; and WHEREAS, said Committee cannot complete the tasks of referring and assisting with the implementation of said policies by July 1, 1985, the date for termination of said Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the Urban Environment Ad Hoc Committee shall continue its activities through July 1, 1986. It was moved by Erdahl and seconded by the Resolution be adopted, and upon roll call there were: Strait AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 1Rth dad of ,lune , 1985. ATTEST: Recetved & Approved $y 7y Legal De a enl 553 RESOLUTION NO. 85-185 RESOLUTION REQUESTING THE IOWA DEPARTMENT OF TRANSPORTATION TO PETITION THE CITY OF IOWA CITY FOR VOLUNTARY ANNEXATION OF CERTAIN PROPERTY WHICH IS PART OF IOWA PRIMARY HIGHWAY NO. 1 RIGHT-OF-WAY LOCATED NORTHEAST OF MORMON TREK BOULEVARD WHEREAS, the City of Iowa City in accordance with its short and long-range Comprehensive Plan wishes to complete the annexation of property between Highway 1 and the existing city limits east of Mormon Trek Boulevard; and WHEREAS, a portion of said property to be annexed as shown in Exhibit A attached hereto, is owned by the State of Iowa, and is part of the right-of-way of Iowa Primary Highway No. 1; and WHEREAS, in accordance with Chapter 368 of the Iowa Code the policies of the Iowa Department of Transportation require a city to approve by resolution a request to the Iowa Department of Transportation to petition for voluntary annexation to said city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City requests the Iowa Department of Transportation to petition for voluntary annexation to the City of Iowa City of the property described in Exhibit A. 2. That the Mayor is authorized to sign and the City Clerk to attest this resolution. It was moved by Erdahl and seconded by Strait the Resolution be adopted, an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 18th day /9f June , 1985. ATTEST: �j ;/ v CITY -CLERK 'i 11- 666.:6' EXHIBIT A 9°::Tr rIIE :E.' EC E0 SEC. 10-i9-6 Z" � � 6c]c 6 rnEalxRnl SEC. 20 a SEC. SI s rt�s9 ,g LION[[_6Ltzd" S VIISu'26.30'E 9.10' - 4�WILLW TWER NS'li'16•Y 159.]1' /qo_ YOIRIitl " - SCALE: 1' IM' 1 °RIVE M9'i6'71•E 66.00' . LYYCY CITY CORCY CO. i MICmAl [ IwMeERTITI[s roINTUY -a' _ -bb w... • Nip R 1[61YMIw. . It . vs•u•]vv los.w� f. + �1 � � 6c]c 6 rnEalxRnl s]s'n•]o• 1.zv VIISu'26.30'E 9.10' - TWER NS'li'16•Y 159.]1' /qo_ YOIRIitl " - SCALE: 1' IM' xf6EM E1ISi 1110 WR AIE LIMIT] ............ UNIT Of /ROMEO RIYSR6TIU1 WE SC6'U]'Y Or I0 R V ROI Of EO RRYFIRSIOR ILRiT 10, �)) S 5�-S RESOLUTION NO. 8S-186 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS I*MREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOIVA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. It was moved by Erdahl and seconded by Strait that the resolution as read e adopted, and upon roll call t ere were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 18th day of June 1985. ATTEST: CITY CLERK ME F.e.:e:ved e. ApG!cv.,. By Toe :�aI rarS nErei S.S1 Res. $5- I%q The City Council of Iowa City, Iowa, met in re lar session, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at 7-3o_ o'clock p M., on the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: Ambrisco. Baker. Erdahl. McDonald Strait Absent: Dickson. Zuber -1- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH 9 ALLBEE. LAWYERS. DES MOINES. IOWA SF7 This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract, and estimated cost for the construction of the FY1986 Sidewalk Assessment Project, the Mayor called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. Council Member Erdahl introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Baker Erdahl McDonald Strait Ambrisco NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RES. 8S-187 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the 12th day of June 1985, plans, specifications, form of contract and estimated cost were filed with the Clerk of Iowa City, Iowa, for the construction of the FY1986 Sidewalk Assessment Project, within the corporate limits; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. -2- AHLERS, COONEY. DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA .5!r PASSED AND APPROVED, this 18th day of 1985. ATTEST: Cle k -3- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES, IOWA S(��' ORIGINAL (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 18, 1985 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington St., 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: Public hearing on the matter of adoption of plans, specifications, form of contract and estimate of costs for the construction of the FY1986 Sidewalk Assessment Project. - Resolution adopting plans, specifications, form of contract and estimate of cost. Such additional matters as are set forth on the addi- tional 20 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA .S/ a CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the indi- viduals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indi- cated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 1Rt1, day of Jimp. , 1985. SEAL -Q.u�--r+J City Clerk, Iowa City, Iowa AHLERS, COONEY. DORWEILER, HAYNIE. SMITH 9 ALLBEE, LAWYERS, DES MOINES, IOWA S( / RESOLUTION NO. 85-188 RESOLUTION AUTHORIZING A FARE INCREASE FOR IOWA CITY TRANSIT. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, in the adopted FY86 City budget for Iowa City, the Director of Finance recommends a fare increase so that the existing level of transit service can be maintained. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That commencing July 1, 1985, the following rates for using Iowa City Transit shall apply: a. The general fare will increase from 40t to 50t. b. The school field trip fare will increase from 30t to 40t. c. The Saturday fare will increase from 30t to 40t. d. The price of a monthly pass will increase from $14 to $16. It was moved by Ambrisco and seconded by be adopted, and upon roll call there were: Baker the Resolution AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON X ERDAHL X MCDONALD _ x STRAIT x ZUBER Passed and approved this 18th day of June 1985. AY OR ATTEST: Yyi -A- CIT LERK M Received F< Approved BY The Le al DePertMenf 5(az MEMORANDUM OF AGREEMENT RCS. d5- 1 g9 Iowa City, Iowa The City Council of Iowa City, Iowa, met in re2�lar Session on the 18th day of .hme , 1985, at �7.3U o clo- c , at the Civic Center in Iowa City, Iowa. The meeting was called to order and there were present Jobn McDonald Mayor, in the Chair, and the following named councii members: Ambrisco, Baker, Erdahl, McDonald Stra Absent: Dickson, Zuber Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Ambrisco introduced a resolution entitled "A Resolution Authorizing the Execution of a Memorandum of Agreement with The Economy Advertising Company" and moved its adoption; seconded by Council Member Strait Afer due consider- ation of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Strait, Ambrisco, Baker, Erdahl, McDonald Nays: None Abstained: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City� Clerk (Seal ) 6-4.3 RESOLUTION 1985 - 189 A Resolution Authorizing the Execution of a Memorandum of Agreement with The Economy Advertising Company. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa, (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been requested by The Economy Advertising Company, (the "Company") to issue its revenue bonds pursuant to the Act pursuant to the purpose of financing the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a factory and warehouse which the Company will use for the purpose of manufacturing, processing, storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necesssry to carry out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of Jame 1985. yor Attest: szlole EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and The Economy Advertising Company (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1985, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improve- ments and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business. (b) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the principal amount sufficient to finance the costs of acquisition by construction or purchase of land, buildings, equipment and improvement suitable for use as a factory and warehouse which Company will use for the purpose of manufacturing, processing, storing, warehousing and distri- buting products of agriculture, mining or industry (the "Project"), located within the Issuer. (c) The Issuer considers that the acquisition and construction of the Project and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $1,800,000.00. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) The Company will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. ✓0_ (b) The Company will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) The Company agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at its request arising from the execution of this Agreement and the performance by the Issuer of its obligation hereunder. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitu- tional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the Issuance of the bonds and to constitute "some other similar official action" for the purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Attest: Cit Cl erk (Seal) IOWA CITY, IOWA By v (� ayor THE ECONOMY ADVERTISING COMPANY By IL A. President State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached and state that it is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between The Economy Advertising Company and said City. WITNESS my hand and the seal of said City hereto affixed this 18th day of June 1985. City `Cl erk (SEAL) 567 PROCEEDINGS FIXING DATE FOR HEARING S6 19p Iowa City, Iowa The City of Council of Iowa City, Iowa, met in re lar Session on the 18th day of June 1985, at 7: o c OCT P .m., at the Civic Center in Iowa City, Iowa. The meeting was called to order and there were present John McDonald Mayor, in the Chair, and the following named Council Members: Absent: Dickson, Zuber Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Erdahl , introdued a resolution entitled: "Resolution Fixing Date of Hearing on Proposed Indus- trial Development Revenue Bonds, Series 1985 (The Economy Advertising Company Project)" and moved its adoption; seconded by Council Member Ambrisco After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Nays' NnnP Absent: Whereupon the Mayor declared the said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City Clerk (Seal ) 6_30 of RESOLUTION 1985 - 190 Resolution fixing a Date for Hearing on Proposed Industrial Development Revenue Bonds Series 1985 (The Economy Advertising Company Project). WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa, (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been requested by The Economy Advertising Company, (the "Company") to issue its revenue bonds pursuant to finance the cost of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a factory and warehouse which the Company will use for the purpose of manufacturing, processing, storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1985 (The Economy Advertising Company Project) of the Issuer in an aggregate principal amount not to exceed $1,800,000.00 (the "Bonds") and to loan said amount to the Company under terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, in Iowa City, Iowa, on the 16th day of Jul 1985 at 7:30 o'clock P .m., at which time and place a pu is earing s all be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press Citizen, a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE STRIAL DEVELOPMENT REVENUE BC SERIES 1985 (The Economy Advertising Company Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of July, 1985, at the Civic Center, in Iowa City, Iowa, at 7:30 o'clock p.m. for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1985 (The Economy Advertising Company Project) of the Issuer, in an aggregate principal amount not to exceed $1,800,000.00 (the "Bonds"), and to loan said amount to The Economy Advertising Company (the "Company"), for the purpose of defraying the costs, to that amount, of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a factory and warehouse which the Company will use for the purpose of manufacturing, proc- essing, storing, warehousing and distrib- uting products of agriculture, mining or industry (the "Project"). The location of the project will be at the northwest corner of the intersection of Heinz Road and the Highway 6 Bypass in Iowa City, Iowa, and is legally described as follows: Lot 4, B.D.I. First Addition to Iowa City, Iowa, according to the recorded plat thereof. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution deter- mining whether or not to proceed with the issuance of the Bonds. By the order of the City Council this 181hday of Jame , 1985. S70 Section 3. All resolutions and parts thereof to conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of June , 1985. r Attest: City Clerk (SEAL) ,6 71 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the City Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1985 (The Economy Advertising Company Project) in an aggregate principal amount not to exceed $1,800,000.00 WITNESS My official signature and the seal of said City this 18th day of _Times . 1985. 41 715�i2 CITY CLERK (SEAL) 3,702- 02a Kes. $5 - I Cl 1 Iowa City, Iowa The City Council of Iowa City, Iowa, met in regular session on the 18th day of Jame , 1985, at 7:30 P.M. at the City Hall in the City. The meeting was called to order by McDonald , Mayor, and the following named Council Members were present: Ambrisco, Baker, Erdahl, McDonald, Strait Absent: Dickson. Zuber The Council investigated and found that notice of intention to issue $400,000 Industrial Development Revenue Bonds, (Millard Warehouse Project) Series C had, as directed by the Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Ambrisco introduced and caused to be read a Resolution entitled: "Supplemental Resolution to increase the amount of the initial issuance authorized and granted by the Preliminary Approval from $2,450,000 to $2,500,000, and Resolution to proceed with the issuance and sale of not to exceed $400,000 aggregate principal amount of Industrial Development Revenue Bonds, (Millard Warehouse Project) Series C of the City of Iowa City, Iowa." and moved its adoption, seconded by Council Member Baker After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: AYES: Ambrisco, Baker, Erdahl, McDonald, Strait NAYES: Whereupon, the Mayor declared said Resolution duly adopted and signed his approval thereto. Upon motion and vote the meeting adjou ned. (S EA L) ayor ATTEST: Nil 02 RESOLUTION NO. 85-191 PUBLIC HEARING AND SUPPLEMENTAL RESOLUTION TO INCREASE THE AMOUNT OF THE INITIAL ISSUANCE AUTHORIZED AND GRANTED BY THE PRELIMINARY APPROVAL FROM $2,450,000 to $2,500,000, AND RESOLUTION TO PROCEED WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $400,000.00 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL REVENUE BONDS, (MILLARD WAREHOUSE PROJECT) SERIES C OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation organized and existing under the laws and constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue bonds for the purpose of acquiring, constructing, improving or equipping facilities which are suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing or distributing products of agriculture which will be located within the corporate boundaries of the City (hereinafter referred to as the "Enlarged Project"), and to loan the proceeds of the Bonds to Larry A. Larsen, d/b/a Millard Warehouse (hereinafter referred to as the "Company") for the purpose of constructing and improving the Enlarged Project; and WHEREAS, the City is authorized by the Act to issue Industrial Development Revenue Bonds secured by a mortgage on all or any part of the Enlarged Project acquired, constructed, improved, or equipped, through the issuance of such revenue bonds and payable solely out of the revenues derived from of the Project; and WHEREAS, a Notice of Hearing on the proposal to adopt a Supplemental Resolution to increase the amount of issuance granted by preliminary approval from $2,450,000 to $2,500,000 and on the proposal to issue not to exceed $400,000.00 aggregate principal amount of Industrial Development Revenue Bonds, (Millard Warehouse Project) Series C (the "Bonds") of the City of Iowa City, Iowa, ahs been published as required by law; and WHEREAS, the City has been requested by the Company to authorize and issue its Industrial Development Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying the cost of the acquisition, construction, improving and equipping of the Enlarged Project; and WHEREAS, the City has passed a certain Resolution No. 83-178, authorizing the issuance of certain Industrial Development Revenue Bonds (Millard Warehouse Project) in the amount of $2,450,000; and WHEREAS, in conjunction with the aforementioned Resolution, the City entered into a Memorandum of Agreement dated June 7, 1983 with the Company to document the interests of the parties; and WHEREAS, the City, as issuer, did previously issue a $1,400,000 Industrial Development Revenue Bond (Millard Warehouse Project) Series A, dated as of September 15, 1983, and a $700,000 Industrial Development Revenue Bond (Millard Warehouse Project) Series B, dated as of December 1, 1983, and has loaned the proceeds from the sale of said Bonds to Larry A. Larsen d/b/a Millard Warehouse, under a certain loan agreement and amendment thereto, dated as of September 15 and December 1, 1983; and WHEREAS, there remains a total of $350,000 of the aforementioned total $2,450,000 initial issue authorization for the completion of the aforementioned Millard Warehouse Project; and WHEREAS, there have been certain cost overruns in the construction and improvement costs of the aforementioned Millard Warehouse Project which total $50,000, those cost overruns caused by unanticipated events, including, but not limited to inflation, but not caused by any material change in the nature, character, purpose or capacity of the facility as set forth in the initial Resolution authorizing the issuance of the aforementioned Bonds; and WHEREAS, the facility to be completed with the increased amount for the aforementioned cost overruns shall remain substantially the same facility as the one originally considered by the City in the original Intent Resolution; and WHEREAS, it is necessary for the City to pass a Supplemental Resolution increasing the initial authorization granted by the aforementioned Preliminary Approval from $2,450,000 to $2,500,000; and WHEREAS, pursuant to the aforementioned increase in the initial authorization, it is advisable to amend the Memorandum of Agreement previously entered into and dated June 7, 1983 in the form and substance such as Exhibit "A" attached hereto; and WHEREAS, the City has determined that the amount necessary to defray the cost of acquiring, constructing, improving and equipping the Enlarged Project, including necessary expenses incidental thereto, will require the issuance by the City of $400,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provision of the Act; and F S7 -T' WHEREAS, the Bonds, whether one or more, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest on the Bonds shall be payable solely out of the revenues derived from the Enlarged Project to be financed by the Bonds; and WHEREAS, notice of intention to issue $400,000 Industrial Development Revenue Bonds, (Millard Warehouse Project) Series C, has, as directed by the Council of the City, been duly given in compliance with the Act and Section 103(k) of the Internal Revenue Code, as amended; and WHEREAS, a public hearing has been held on the proposal to issue such Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of such Bonds have been heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, AS FOLLOWS; Section 1. That it is hereby determined that it is necessary and advisable that the City pass a Supplemental Resolution to Resolution No. 83-178 which granted Preliminary Approval for the issuance by the City of $2,450,000 of Industrial Development Revenue Bonds the proceeds of which were to be loaned to Larry A. Larsen d/b/a Millard Warehouse (Millard Warehouse Project). That said Supplemental Resolution shall increase that authorized amount from $2,450,000 to $2,500,000 and that it is hereby established and resolved that that increase is for the purpose of certain cost overruns caused solely by unanticipated events, including, but not limited to inflation, and not by any material change in the nature, character, purpose or capacity of the Project or facility as initially proposed and as passed in the aforementioned initial Resolution authorizing said Millard Warehouse Project. Furthermore, it is hereby determined that the facility which will be completed with the increased issuance shall remain substantially the same facility as the one originally considered in the City's original Intent Resolution as described above. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver an Amended Memorandum of Agreement in the same form and substance such as Exhibit "A" attached hereto in order to amend the previous Memorandum of Agreement dated June 7, 1983. Said Amended Memorandum of Agreement specifically increases the cost of the Project as set forth in paragraph 1(c) of the Memorandum of Agreement from an amount estimated not to 3 exceed $2,450,000 to an amount estimated not to exceed $2,500,000. Furthermore, said Amended Memorandum of Agreement changes the date in paragraph 4(a) of the Memorandum of Agreement from October 1, 1984 to June 1, 1986. In all other respects, the terms and conditions of the aforementioned Memorandum of Agreement shall remain unchanged. Section 3. That is is hereby determined that it is necessary and advisable that the City proceed with the issuance of Industrial Development Revenue Bonds, (Millard Warehouse Project) Series C, of the City in the amount of $400,000, as authorized and permitted by the Act to finance the cost of the Enlarged Project to that amount upon terms and conditions mutually acceptable to the City and the Company. Section 4. That at the public hearing conducted by this City Council as required by the Act and Section 103(x) of the Code and pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of said Bonds are hereby overruled. Section 5. That it is hereby determined (i) that a general functional description of the type and use of the Enlarged Project has been accurately described in said notice of hearing and is hereby approved; (ii) that the maximum aggregate face amount of the Bonds has been accurately described in said notice of hearing and is hereby approved; (iii) that the initial owner, operator or manager of the Enlarged Project has been accurately described in said notice of hearing and is hereby approved; and (iv) that the prospective location of the Enlarged Project has been accurately described in said notice of hearing and is hereby approved. Section 6. That the Mayor, the Clerk and the attorneys for the City are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Enlarged Project and the issuance and the sale of the Bonds. Section 7. That the attorneys for the City shall approve all agreements to be entered into in connection with the issuance of the Bonds prior to due consideration by the City Council and execution by the Mayor and Clerk and such agreements shall be authorized and approved by this City Council after approval by the attorneys for the City and after due consideration prior to their execution by the City. 4 �57',?1 Section 8. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Enlarged Project and shall never constitute an indebtedness of the City of Iowa City, Iowa within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute or give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general creditor or taxing powers. Section 9. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 10. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 18th day of June 1985. ATTEST: -City Clerk ayor (S E A L) I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified, and acting Clerk of the aforementioned City and that as such I have in my possession or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Supplemental Resolution increasing the amount of the initial issuance from $2,450,000 to $2,500,000 and the Resolution to proceed with the issuance and sale of $400,000 Industrial Development Revenue Bonds, (Millard Warehouse Project) Series C. WITNESS my hand and the corporate seal of said City hereto affixed this 18th day of June , 1985. (S EA L) City'Clerk 5 cS/ a 01/2 EXHIBIT "A" AMENDED MEMORANDUM OF AGREEMENT THIS AMENDED MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, party of the first part (hereinafter referred to as the "City"), and Larry A. Larsen d/b/a Millard Warehouse, party of the second part (hereinafter individually and collectively referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and equipment suitable for any Projects as defined therein. (b) In order to add to the welfare and prosperity of the City and of such inhabitants, the City proposes to loan to the Company funds to finance the acquisition of land and the construction of a building and improvements therein and acquisition and installation of certain equipment, all to be suitable for use as a facility which shall be suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing or distributing products of agriculture (herein referred to as the "Project"). (c) In view of the rising construction costs of the Project, it is considered essential that acquisition and construction related to the Project commence at the earliest practicable date, and that orders be placed for acquiring the necessary improvements and equipment. At the same time, in view of the possibility of financing facilities similar to the Project in other states and communities under conditions beneficial to the Company and the difficulty of obtaining other financing for the Project, the Company desires satisfactory assurances from the City that the proceeds from the sale of the City's Industrial Development Revenue Bonds will be made available in an amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $2,500,000. (d) Representatives of the City have indicated the willingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project within or near the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. S9 (e) The City considers that the undertaking of the Project will provide and maintain employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance all or a portion of the cost of the Project. (b) That it will cooperate with Company to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agreement with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of the premium, if any, and interest on the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of an interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuant thereof. 3. Undertakings on the Part of the Company. The Company agrees as follows: (a) That it will cooperate with the City to sell the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agreement and the taking of "official action" toward the issuance of the Bonds by the City, acquired or commenced improvement of the Project, or any part thereof, and has not entered into any contracts, or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition and improvement of the Project and take, with reasonable diligence the other necessary steps toward the realization of the Project. 2 WE (c) That contemporaneously with the sale of the Bonds the Company will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of an interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to contain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its aforesaid undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before June 1, 1986 (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations hereunder, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. (d) It is expressly understood by the Company and the City that the City's adoption of this Resolution is intended both as an expression of the City's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for the purposes of Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The adoption of this Resolution by the City is not intended to, nor does it, create a binding commitment on the City to proceed with the issuance of the Bonds. Itis further understood that the issuance of the Bonds is subject to further review by legal counsel to the City and is conditioned upon, among other things, full compliance with all procedures of the Industrial Revenue Bond Policy Procedure of the City of Iowa City, Iowa. 3 L7/ IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the .-:2 -7'L day of 3 , 1985. [ SEAL OF CITY ] ATTEST: City'Clerk a CITY OF IOWA CITY, IOWA Ey: L4 'g� ?"or fillw� La y A Larsen d Millard Warehouse 4 a 5ga D/L Res. '36- 0 102 Iowa City, Iowa The City Council of Iowa City, Iowa, met in regular session on the _JBIhday of June , 1985, at 7:30 P .M., at the City Hall in the City. The meeting was called to order by John McDonald , Mayor, and to roll call, the following named council members were present: Ambrisco, Baker, Erdahl, McDonald, Strait. The Council investigated and found that notice of intention to issue not to exceed $400,000 Industrial Development Revenue Bond (Millard Warehouse Project), Series C, had, as directed by the Council, been duly given according to law and a hearing held thereon and the Council determined to proceed with the issuance of such Bonds. Council Member Ambrisco introduced and caused to be read a Resolution entitled: "Resolution authorizing the issuance and sale of $400,000 Industrial Development Revenue Bond (Millard Warehouse Project), Series C, the execution and delivery of a Second Supplement to Indenture of Trust to secure said Bond, and the execution and delivery of a Second Amendment to Loan Agreement with Larry A. Larsen, d/b/a Millard Warehouse." and moved its adoption, which motion was seconded by Council Member Erdahl After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Erdahl, McDonald, Strait, Ambrisco, Baker Nayes: None Absent:Dickson, Zuber Whereupon, the Mayor declared the said Resolution duly adopted and signed his approval thereto. Upon motion and vote, the meeting adjou ped. M or ATTEST: City Clerk (S EA L) US cl/2 P--ved (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 18, , 1985. 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: 1. Resolution authorizing the issuance and sale of $400,000 Industrial Development Revenue Bond (Millard Warehouse Project), Series C, the execution and delivery of a Second Supplement Indenture of Trust to secure said Bond, and the execution and delivery of a Second Amendment to Loan Agreement with Larry A. Larsen, d/b/a Millard Warehouse. 2. Such additional matters as are set forth on the additional 20 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 21A, Iowa Code, as amended, and the local rules of said governmental body. `_. XYZ-J,I ) Cle k of the City of Iowa City, Iowa -67X c/2 RESOLUTION NO. 85-192 "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $400,000 INDUSTRIAL DEVELOPMENT REVENUE BOND (MILLARD WAREHOUSE PROJECT), SERIES C, THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENT INDENTURE OF TRUST TO SECURE SAID BOND, AND THE EXECUTION AND DELIVERY OF A SECOND AMENDMENT TO LOAN AGREEMENT WITH LARRY A. LARSEN, D/B/A MILLARD WAREHOUSE." WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation organized and existing under the laws and constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue bonds and loan the proceeds from the sale of said bonds to one or more parties for the purpose of acquiring, constructing, improving, or equipping facilities which shall be suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing, or distributing products of agriculture which will be located within the corporate boundaries of the City. WHEREAS, the Issuer is authorized by the Act to issue Industrial Development Revenue -Bonds secured by a mortgage and security agreement on all or any part of the project acquired, constructed, improved, or equipped, through the issuance of such revenue bonds and payable solely out of the revenues derived from the agreement pursuant to which the proceeds from the sale of said Industrial Development Revenue Bonds are loaned to the owner of the Project; and WHEREAS, the Issuer has previously issued a $1,400,000 Industrial Development Revenue Bond (Millard Warehouse Project) Series A, dated September 15, 1983, under an Indenture of Trust, dated September 15, 1983, and a $700,000 Industrial Development Revenue Bond (Millard Warehouse Project) Series B, dated December 1, 1983, under a First Supplement to Indenture of Trust, dated December 1, 1983, and has loaned the proceeds from the sale of said Series A and B Bonds to Larry A. Larsen, d/b/a Millard Warehouse (the "Company"), under a Loan Agreement, dated as of September 15, 1983 and First Amendment to Loan Agreement dated as of December 1, 1983, respectively. WHEREAS, the City has made the necessary arrangements with the Company for completing the "Project", the subject of and as defined in the Indenture of Trust dated September 15, 1983, and First Supplement to Indenture of Trust, dated December 1, 1983, suitable for use by the Company as a commercial enterprise, the "Enlarged Project". .54?.r WHEREAS, notice of intention to issue Industrial Development Revenue Bond (Millard Warehouse Project) Series C, of the City ("Series C Bond"), has heretofore been duly given and the City has conducted a public hearing on the proposal to issue the Bond, all in the manner required by the Act, and the City deems it necessary and advisable to proceed with the issuance, sale, and delivery of Bond in the amount of $400,000 as authorized and permitted by the Act to finance the cost of the Enlarged Project to that amount; and WHEREAS, the City will loan the proceeds of the Bonds to the Company pursuant to the provisions of a Loan Agreement dated as of September 15, 1983, First Amendment thereto dated as of December 1, 1983, and Second Amendment thereto to be dated as of June 15, 1985, between the City and the Company (the "Loan Agreement"), which provides, in part for an obligation of the Company which will be sufficient to pay the principal of an interest and prepayment premium, if any, on the Series A and B Bonds and Series C Bond as and when the same shall be due; and WHEREAS, the City will sell the Series C Bond to the Original Purchaser as named and identified in the Indenture, First Supplement to Indenture and Second Supplement thereto (the "Purchaser") at a price of par and accrued interest, and the City will execute and deliver a Second Supplement dated as of June 15, 1985 (the "Indenture") to Norwest Capital Management d Trust Co., Nebraska, Omaha, Nebraska (the "Trustee"), as Trustee for the bondholder. WHEREAS, the Issuer has not judged the merits or value, if any, of the Series C Bond and the Series C Bond, if issued, shall be a limited obligation of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of and interest on the Series C Bond shall be payable solely out of the revenues derived from the Enlarged Project financed by the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, AS FOLLOWS: Section 1. It is hereby found and determined that the Enlarged Project is located within the boundaries of the City. Section 2. That the Bond in an aggregate principal amount of $400,000 to be and the same is hereby authorized and ordered to be issued by the 2 a6� c/2 City, and to provide for the authorization of an to secure the Bond under the Act, to finance the Enlarged Project and necessary expenses incidental thereto and to prescribe the terms and conditions upon which the Bond is to be secured, executed. authenticated, accepted, and held, the Mayor is hereby authorized and directed to execute and acknowledge the Indenture. and the Clerk is hereby authorized and directed to attest the same and to affix the seal of the City thereto and to cause the Indenture to be delivered to, accepted, and acknowledged by the Trustee. the Indenture which constitutes and is hereby made a part of this authorizing Resolution, to be substantially the fora, text and containing the provisions set forth in the official record of the proceedings of this meeting by the Council. It is heretofore approved by the Attorneys of the City and given due consideration and approval by this Council. Section 3. That the City loan to the Company the proceeds of the Bond pursuant to the Loan Agreement. That there be and there is hereby authorized the execution of the said Second Amendment to Loan Agreement in the form and with the contents hereinafter set forth, and the Mayor is hereby authorized and directed to execute and acknowledge the said Second Amendment to Loan Agreement, and the Clerk is hereby authorized and directed to attest the same and affix the seal of the City thereto. the Loan Agreement, which constitutes and is hereby made a part of this authorizing Resolution, to be in substantially the form, text, and containing the provisions set forth in the official records of the proceedings hereof. It is hereby declared that the official form of the Loan Agreement has been heretofore approved by the Attorneys for the City and given due consideration and approval by this Council. Section 4. That the sale of the Bond to the Purchaser upon the terms of par and accrued interest be and the same is hereby directed and approved. Section 5. That the Mayor and the Clerk are hereby authorized and directed to execute any and all documents and do any and all things deemed necessary in order to effect the accomplishment of the Enlarged Project, the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Indenture and to carry out the intent and purpose of this Resolution. 3 5 r7 RESOLUTION NO. 8S-193 RESOLUTION AUTHORIZING EXECUTION AND FILING OF OWNER'S CONSENT TO SUBDIVISION KNOWN AS RYERSON'S WOODS, JOHNSON COUNTY, IOWA. WHEREAS, the City recently acquired from the Iowa Department of Transpor- tation a parcel of land along relocated Highway 218 in Johnson County, south of the 4-H Fairgrounds; and WHEREAS, the City and Johnson County Agricultural Association, owner of the Fairgrounds, have agreed to purchase a larger parcel of land from The Iowa Law School Foundation; and WHEREAS, it is necessary that said parcels be combined in a subdivision before the City and Agricultural Association acquire title to the portions each wishes to obtain; and WHEREAS, Iowa Code (1985) Chapter 409 requires that the owner of land included in any subdivision consent to subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest, a Consent of Owner to the subdivision known as Ryerson's Woods, Johnson County, Iowa. 2. The City Attorney, or an Assistant City Attorney, is authorized to record said Consent in the Office of the Recorder of Johnson County, Iowa, among the subdivision papers for Ryerson's Woods, Johnson County, Iowa. It was moved by Ambrisco and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD ABSTAIN STRAIT X ZUBER Passed and approved this 18th day of ATTEST: - -Pe" ) CITY CLERK fieccli ? AP,„�y�� Ry Th.a LC-' ugena e d O CONSEN', ", JWNER RYERSON'S WOODS, JOHNSON COUNTY, IOWA The City of Iowa City, Iowa, being owner of Parcel II of the land included in Ryerson's Woods, Johnson County, Iowa, legally described as: PARCEL I. Beginning at the northwest corner of the southeast quarter of Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; thence N 89046'02" E, along the north line of said southeast quarter, 1,506.15 feet, to a point on the westerly right-of-way line of relocated U.S. Highway 8218; thence S 01058'01" W, 709.83 feet, along said westerly right-of-way line to an iron right-of-way pin with tablet found; thence S 15051'57" W, 265.30 feet, along said westerly right-of-way line to an iron right-of-way pin with tablet found; thence S 35013'57" W, 605.00 feet, along said Westerly Right -of -Way Line to an iron right-of- way pin with tablet found; thence N 10021'30" E, 144.70 feet, to the southwest corner of the east 14 rods of the northwest quarter of said southeast quarter; thence N 89053'15" W, along the south line of said northwest quarter, 522.20 feet; thence N 50051'30" W, 734.50 feet, to the west line of said southeast quarter; thence N 00022'30" E. along said west line, 845.70 feet to the point of beginning; and PARCEL II. Beginning at the center of Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; thence S 00022'30" W, 845.7 feet, along the east line of the southwest quarter of said Section 28; thence S 50051'30" E, 734.5 feet, to a point on the north line of the southwest quarter of the southeast quarter of said Section 28, as presently fenced; thence S 89053115" E (N 89051'00" E recorded) 522.2 feet along said north line as presently fenced; thence S 10021'30" W, recorded 144.7 feet; thence N 65034'00" W, 254.4 feet; thence S 72029'15" W,612.6 feet; thence N 32005'00" W, 1025.0 feet; thence N 25000'15" W, 730.7 feet to a point on the north line of said southwest quarter; thence N 89054'00" E (N 89041'30" E recorded), 608.9 feet, along said north line to the point of beginning. acknowledges that the subdivision as it appears on the plat of RYERSON'S WOODS, JOHNSON COUNTY, IOWA, is with its free consent and in accordance with its desires. DATED at Iowa City, Iowa, this 18th day of June , 1985, Attest: //'dti n..eJ � .1�1 Marian K. Karr, City Clerk The Ci h, of Iowa City, Iowa By: C71'� n McDonald, Mayor m STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 18th day of Jtime A.D. 19 85 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian Karr acknowledges the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notady Public in and for said County and State .S%`o RESOLUTION NO. 85-194 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF TFg; HANDICAPPED ACCESSIBLE PUBLIC RESTROOMS, UPPER CITY PARK WHEREAS, Bro an Construction of North Libert Iowa has submitted the best bid of 31,940.00 for the construction of the above-named project. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Brogan Construction of North Liberty, Iowa subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Ambrisco and seconded by Strait the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x 94BRISCO x BAKER _ x DICKSON x ERDAHL x MCDONALD x STRAIT _ x ZUBER Passed and approved this 18th day of r:1r*�5 that June , 19 85. By The Legal Department 6hIA- vi Baker introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, McDonald, Strait, Ambrisco, Baker NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RES. PRELIMINARY RESOLUTION STREET IMPROVEMENTS IN IOWA 85-195 FOR THE CONSTRUCTION OF THE CITY OF IOWA CITY, WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that portland cement concrete be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct portland cement concrete, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Construction of portland cement concrete alley pavement Class C, six inches thick and incidental related work in the alleys on the blocks as follows: Raphael Place Addition: (Parsons Avenue West to Clapp Street) Lyon's First Addition - Block 1: (Bowery Street north to Ralston Creek) -2- AHLERS, COONEY. DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS. DES MOINES, IOWA Pleasant Place Second Addition - Block 5: (Davenport Street North a distance of 75 feet, East and West) Subdivision C. That the City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: Raphael Place Addition from Parsons Avenue west to Clapp Street - North Side The East 40 feet of Lot 12, Raphael Place Addition The West 40 feet of Lot 12, Raphael Place Addition Lot 11, Raphael Place Addition Lot 10, Raphael Place Addition Lot 9, Raphael Place Addition The East 40 feet of Lot 8, Raphael Place Addition The West 40 feet of Lot 8, Raphael Place Addition Lot 7, Raphael Place Addition Lot 6, Raphael Place Addition Lot 5, Raphael Place Addition Lot 4, Raphael Place Addition The East 40 feet of Lot 3, Raphael Place Addition The West 40 feet of Lot 3, Raphael Place Addition The East 50 feet of Lot 2, Raphael Place Addition The West 30 feet of Lot 2, Raphael Place Addition The East 25 feet of Lot 1, Raphael Place Addition -3- AHLERS. COONEY. DORWEILER, HAYNIE. SMITH a ALLUEE. LAWYERS. DES MOINES. IOWA ✓Sy The West 55 feet of Lot 1, Raphael Place Addition Raphael Place Addition from Clapp Street to Parsons Avenue -South Side Beginning 20 feet South of the Southwest corner of Lot 1, Raphael Place Addition, thence South 90 feet, East 150 feet, North 90 feet and West 150 feet to the beginning. Commencing at the Southwest corner of Lot 22, Raphael Place Addition, thence East 23.5 feet to the beginning thence North 120 feet, East 10 feet, North 30 feet, West 33.5 feet, South 90 feet, West 61.37 feet, South 60 feet and East 86 feet to the beginning. Lot 22, Raphael Place Addition, except the West 23.5 feet and the West 33.5 feet of the North 30 feet thereof. Lot 21, Raphael Place Addition The West 40 feet of Lot 20, Raphael Place Addition The East 40 feet of Lot 20, Raphael Place Addition The West 70 feet of Lot 19, Raphael Place Addition The East 10 feet of Lot 19, Raphael Place Addition The West 40 feet of Lot 18, Raphael Place Addition The East 40 feet of Lot 18, Raphael Place Addition The West 40 feet of Lot 17, Raphael Place Addition The East 40 feet of Lot 17, Raphael Place Addition The West 40 feet of Lot 16, Raphael Place Addition The East 40 feet of Lot 16, Raphael Place Addition The West 40 feet of Lot 15, Raphael Place Addition The East 40 feet of Lot 16, Raphael Place Addition Lot 14, Raphael Place Addition Lot 13, Raphael Place Addition Lyon's First Addition, Block 1, from Bowery Street north to Ralston Creek - East Side -4- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH 6 ALLBEE. LAWYERS. DES MOINES. IOWA f� l The West 75 feet of Lot 8, Block 1, Lyon's First Addition Lot 7, Block 1, Lyon's First Addition Lot 6, Block 1, Lyon's First Addition The South 30 feet of Lot 5, Block 1, Lyon's First Addition The North 30 feet of Lot 5, Block 1, Lyon's First Addition Lot 4, Block 1, Lyon's First Addition Lot 3, Block 1, Lyon's First Addition Lot 2, Block 1, Lyon's First Addition Lot 1, Block 1, Lyon's First Addition The South 40 feet of Lot 5, Berryhill & Pierce Addition Lyon's First Addition, Block 1, from Bowery Street north to Ralston Creek - West Side Lot 9, Block 1, Lyon's First Addition Lot 10, Block 1, Lyon's First Addition Lot 11, Block 1, Lyon's First Addition Lot 12, Block 1, Lyon's First Addition Lot 13, Block 1, Lyon's First Addition Lot 14, Block 1, Lyon's First Addition Lot 15, Block 1, Lyon's First Addition Lot 16, Block 1, Lyon's First Addition Beginning at a point 41 feet East of the Southwest corner of Lot 6, Block 1, Berryhill & Pierce Addition, East 109 feet, North 73 feet, Northeasterly 24 feet, North 92 feet, Southwesterly to the beginning Pleasant Place Second Addition, Block 5, Davenport Street north a distance of 75 feet - East and West Sides The West 71.08 feet of Lots 2, 3 and 4 of Block 5, Pleasant Place Second Subdivision -5- AHLERS. COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 9 The East 100 feet of the South 55 feet of Lot 6 and the North 20 feet of the East 100 feet of Lot 5, Irish's Extension of Wood's Addition Subdivision E. The said improvement shall be designated as the "FY1986 Alley Paving Assessment Project", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 18th day of Tilne , 1985. A ATTEST: 2 ta�? clerk -6- AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH B ALLBEE, LAWYERS, DES MOINES, IOWA ✓ I / Baker introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, McDonald, Strait, Ambrisco, Baker NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RES. 85-196 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the FY1986 Alley Paving Assessment Project, said valuation being set forth in a preliminary schedule entitled "Schedule of Assessments", under the column therein headed "Property Value": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boundaries of said improvements and the Clerk is hereby directed to forthwith deliver the same to the City Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 18th day of June , 1985. A ATTEST: Cle k -7- AHLERS, COONEY. DORWEILER, HAYNIE, SMITH B ALLBEE, LAWYERS, DES MOINES, IOWA S// Baker introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY1986 ALLEY PAVING ASSESSMENT PROJECT" and moved its adoption. Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, McDonald Strait Ambrisco. PM. NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RES. 85-197 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY1986 ALLEY PAVING ASSESSMENT PROJECT WHEREAS, this Council has caused to be prepared preliminary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the FY1986 Alley Paving Assessment Project, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, the Council finds that each lot separately assessed in the schedule of assessments meets the definition of a lot as described in Iowa Code Section 384.37(5) or in the case of lots consisting of multiple parcels that the parcels have been assembled into a single unit for the purpose of use or development; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and specifications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. -8- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA Ml 11, BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boundaries for said FY1986 Alley Paving Assessment Project. PASSED AND APPROVED, this 1985. ATTEST: Clerk 18th day of June , -9- AHI-ERS, COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES, IOWA .59y _ Baker introduced the following Resolution entitled "RESOLUTION OF NECESSITY (PROPOSED)", and moved its adoption. Amhrisrc seconded the motion to adopt. The roll was called and the vote was, NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RES. 85-198 RESOLUTION OF NECESSITY (PROPOSED) WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the FY1986 Alley Paving Assessment Project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the FY1986 Alley Paving Assessment Project, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution. The method of construction shall be by contract. -10- AHLERS, COONEY. DORWEILER. HAYNIE. SMITH a ALLSEE, LAWYERS, DES MOINES. IOWA Costs of said improvements will be assessed to the properties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 25% of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 7:30 o'clock P.M., on the 16th day of July , 1985, in the Council Chambers, Civic Center, 410 E. Washington St., for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this Resolution, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements, said Notice to be in substantially the following form: -11- AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS. DES MOINES. IOWA 601 INTRODUCED AND PROPOSED at a meeting held on the 18th day of ,Time , 1985. ATTEST: -)%7 U-14, Cleft -16- AHLERS. GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS. DES MOINES, IOWA 4 D0)— RESOLUTION NO. 8S-199 RESOLUTION AUTHORIZING EXECUTION OF URBAN RENEWAL CONTRACT AND DELIVERY OF DEED FOR URBAN RENEWAL PARCEL 65-2B WHEREAS, the City of Iowa City has solicited bids for the sale of Urban Renewal Parcel 65-2b in downtown Iowa City, and, WHEREAS, on March 12, 1985, the City Council adopted Resolution No. 85-64 giving notice of its intention to accept an urban renewal redevelopment proposal from Small -Mears Building Company - Iowa City, a partnership owned by Philip Mears and Arthur Small, Jr., and, WHEREAS, the City of Iowa City does wish to accept the redevelopment proposal of Small -Mears Building Company - Iowa City providing for the redevelopment of Urban Renewal Parcel 65-2b. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That pursuant to the provisions of Chapter 403 of the Code of Iowa the Mayor and the City Clerk are authorized and directed to execute on behalf of the City the attached contract for sale of land for private redevelop- ment between the City and Small -Mears Building Company - Iowa City. 2. That the Mayor and the City Clerk are authorized and directed to execute deeds and other conveyances as needed to carry out the terms and provisions of the redevelopment contract. 3. The Mayor and the City staff are authorized to make non -material changes in the contract prior to execution thereof without the necessity of further City Council action if circumstances require. It was moved by Erdahl and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: C F.4 Passed and approved this 1Rth day of ATTEST:%aue ,� ge 5d4,1) CI CLERK LERK Strait the AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER ,19Q1985. lgo Received 3 Approval Ey The Ln -1 ;Jep3rinnl (p3 Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between F>TI The City of Iowa City Iowa for Parcel 65-2b God CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the 4th day ofMarch , 19 85 , by and between the City of Iowa City, Iowa, a public body corporate (w ifiEF_,_ together with any successor public body or officer hereafter desig- nated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and Small -Mears Buildinv Company (hereinafter called "Redeveloper') and d having an office for the transaction of business at Suite 6 Paul -Helen Bldg. Iowa City, Iowa 52240 , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (hereinafter called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, consisting of the Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law (as so constituted is, unless otherwise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 723, at page 156, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for development by private enterprise for redevelopment in accor- dance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as so I-1 6e.5- WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agreement, are in the vital and best interests of the City and health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obliga- tions of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all terms, covenants, and conditions of the Agreement, the City will sell the property described in Schedule a hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefor, the amount set forth in Schedule B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amount set forth in Schedule B, hereinafter called "Purchase Price," is to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to the property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subse- quently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restrictions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph instal- lations, rights-of-way and access, or as described or referred to in Schedule A, description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and Part II of this Contract. (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. I-2 (c) Recording of Deeds. The Redeveloper shall promptly file the Deed for recording among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs for so recording said Deed. This Contract for Sale of Land for Private Redevelopment shall also be recorded at the Johnson County Recorder's Office. Upon said recording, the real property herein described shall be deemed taxable real estate under Iowa property tax law. Further, the Redeveloper shall be responsible for all such property taxes from the date of recording of this Contract of Sale of Land for Private Redevelopment. In the event legal title is not delivered to the Redeveloper, parties agree that said taxes will be pro -rated between the Redeveloper and the City between applicable date of possession and the date of termination or expiration of this Contract. (d) Delivery of the Abstract. The City will furnish to the Redeveloper in advance of the closing on the parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as herein specified. The abstract of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of conveyance. The cost of obtaining an attorney's examination of the abstract for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delivery of Property. The City will deliver the property described in Schedule A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Redeveloper, the Redeveloper shall have the option of rescinding the development contract by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Redeveloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its opinion, stand relieved of its obligation to accept the parcel involved and the City shall, in such event, promptly refund the Redeveloper's good faith deposit, referred to in Section 3 hereof. It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or inability to deliver land to the Redeveloper as called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. I-3 607 (f) Default by Developer. In the event the Redeveloper fails to accept delivery of and pay for the property described herein, as called for in this Agreement, the City may, at its option, call the entire Agreement in default, serve a proper notice of forfeiture upon the Redeveloper, and terminate this Agreement in its entirety. (g) Condition Precedent to Conveyance. The City's obligation to convey to the Redeveloper title to the property described herein is subject to the condition precedent concerning financing as set forth in Schedule C hereof. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of Five Hundred Dollars ($500.00), in which the City is the obligee, issued by , a surety company regularly engaged in the issuance of such undertakings and on the list of survey compa- nies approved by the United States Treasury for at least such amount, or cash, or a certified check satisfactory to the City in the amount of Five Hundred Dollars ($500.00), hereinafter called "Deposit," as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, as the case may be, in accordance with the Agreement. The Deposits, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided in Sections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termina- tion, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. (d) Return to Redeveloper. Upon issuance of both Certificates of Completion as called for in Section 305 of Part II hereof, or upon termination of the Agreement as provided in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City. I-4 SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof. [Here insert appropriate language concerning access to the alley of Block 65 and design considerations for abutting City property as stated in the prospectus.] See Schedule E attached: "Access Commitment and City Plaza Design Assis SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part II of this Agreement as soon as possible subsequent to the time for conveyance set forth in Schedule C hereof. (b) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plan within thirty (30) days of said rejection. (c) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. SECTION 7. NOTICES AND DEMANDS A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at I-5 (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington Street Iowa City, Iowa 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL REVENUE BONDS Fees will be determined at time of issuance of the Industrial Revenue Bonds. SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION The Redeveloper shall submit to the City, on or before July 1, 1985 , or upon such earlier or later request of the City, the detailed financial information necessary to support the issuance of industrial revenue bonds and/or for the submission of an application to the Urban Development Action Grant program. I-6 G!o IN WITNESS WHEREOF, the City has in its name and behalf by its Mayor and attested by its City Clerk, and to be duly executed in its name and as of the day first above written. ATTEST: caused the Agreement to be and its seal to be hereunto the Redeveloper has caused behalf by its U�encJ X ��z.Lt BY CIT'( CLERK STATE OF IOWA ) ss: COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA: duly executed duly affixed the Agreement , on or On this 18th day of June , A.D., 1985 , before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared John McDonald, Mayor of the City of Iowa City, Iowa, and Marian K. Karr, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself/herself acknowledged the execution thereof to be his/her voluntary act and deed for purposes herein expressed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my notarial seal the day and year last above written. ATTEST: Secretary Nota y Public in and for Johnson County, State of Iowa My Commission expires Sept. 23, 1985 Redeveloper BY: President I-7 6 // IN WITNESS WHEREOF, Small -Mears Building Company has caused this agreement,to be executed on its behalf. SMALL-MEARS BUILDING COMPANY By: Art Small, A General Partner (` r Philip Mears, A General Partner On this /day of t 4 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Art Small and Philip Mears, to me personally known, who being by me duly sworn, did say that the persons are partners of Small -Mears Building Company, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners voluntarily executed. otaryPublic inland -for sa ounty and State fwl 4 /.z im SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows to -wit: (Legal description to be provided prior to conveyance.) Commencing at the Northwest corner of Lot 4, Block 65, the Original Town of Iowa City, Iowa, according to the recorded plat thereof; thence North 90 degrees 0'0" East, and assumed bearing, along the Southerly right-of-way line of Washington Street, 60.28 feet; thence South 0 degrees 03'2" West, 74.04 feet to the point of beginning; thence South 89 degrees 53'47" East, 20.24 feet; thence South 0 degrees 13'11" East, 32.32 feet; thence South 89 degrees 30'55" West, 10.31 feet; thence South 0 degrees 22'52" East, 3.83 feet; thence South 89 degrees 43'36" West, 10.11 feet; thence North 0 degrees 3'2" East, 36.22 feet to the point of beginning. (Note: This parcel is identified as Urban Renewal Parcel 65-2b.) I-9 4j. SCHEDULE A All that certain arcel or parcels of lan located in the City of Iowa City, County of Johnson State of Iowa, mor particularly described as follows to -wit: (Legal descriptionto provided pri to conveyance.) Commencing at the Northwes corner of Iowa City, Iowa, accordin to t 90 degrees 0'0" East, and ass ed line of Washington Street, 60.2 74.04 feet to the point of begi 20.24 feet; thence South 0 degr 89 degrees 30'55" West, 10.31 f 3.83 feet; thence South 89 de 0 degrees 3'2" East, 36.22 f t 7 Lot 4, Block 65, the Original Town recorded plat thereof; thence North firing, along the Southerly right-of-way t; thence South 0 degrees 03'2" West, ; thence South 89 degrees 53'47" East, es i 'Q 1" East, 32.32 feet; thence South et; th ce South 0 degrees 22'52" East, es 43'36 West, 10.11 feet; thence North to the poin of beginning. (Note: This parcel is idep(tified as Urban Renew"aq Parcel 65-2b.) _1 7191�_ 8-6-55 I-9 tI.V /3 am PARCEL NO. 65-2b PRICE OFFERED I-10 PRICE SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. 65-2b DATE l41s— SCHEDULE D Improvements on the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. 65-2b COMMENCEMENT I-12 COMPLETION 1&16Z J/ yez (/(0 SCHEDULE E ACCESS COMMITMENT The developers are the current owners of the Paul -Helen Building. Access to the Block 65 alley is presently available by going through the rear of that building. CITY PLAZA DESIGN ASSISTANCE In connection with this project the Developers have contrated for the services of Iowa City architect William Nowysz. While Mr. Nowysz will be largely developing plans and specifications for the renovation of the interior and facade, part of his task will be to work with the city planners for the development of Blackhawk minipark. The developers recognize the necessity of integrating the development of the Paul -Helen Building, Parcel 65-2b and Blackhawk Mini -park and commit themselves to providing Mr. Nowysz's services for that purpose in such an amount as is necessary for the task. Certainly the value of such services to the city will amount to $5,000. 6117 Part II of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between and The Citv of Iowa Citv. Iowa for Parcel 65-2b ARTICLE 1. PREPARATION OF PROPERTY FOR :REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the Redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressly agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the Redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of-way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. The City reserves the right to make future modifications to the traffic circula- tion system and to the public improvements when such changes are deemed necessary and in the public interest. SECTION 103. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The Redeveloper hereby waives (as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to award of damages, if any, to compen- sate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 102 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. ECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct ment on, over, or utilities described hereof, unless such approved in writing an affected public within the or referred construction by the City utility. any oui (ding or boundary lines to in Paragrap is provided for Engineer, or the other structure or imorove- of any easement for public h (1), Section 2 of Part I in such easement or has been authorized representative of 119 SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the conveyance of the Property by the City to the Redeveloper, the Redeveloper shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the purposes of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement, the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to determine the intentions of the Redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance subsequent to the designation of the Redeveloper. The term "Improvements" as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improvements called for in -this Agreement, submit for approval by the City Council construction plans, and such other information as is necessary for the City Council to determine the intentions of the Redeveloper. Approval of such construction plans by the City Council shall in no way relieve the Redeveloper of the responsibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Follow- ing approval of the construction plans by the City Council, the Redeveloper shall obtain all permits required by applicable City codes and ordinances. All work with respect to the Improvements to be constructed or provided by the Redeveloper on the property shall be in conformity with the preliminary design plans and construction plans as approved by the City Council. SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires to make any changes in the construction plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. II -2 MY SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provided, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or other- wise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improve- ments has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, setting forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accor- dance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appropriate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting,a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the determination of the Federal Housing Administration as to such comple- tion of the construction of the Improvements in accordance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect to the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certification provided for in this Section. Such certifica- tion and such determination shall constitute evidence of compliance with II -3 4a/ or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of any mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I (Schedule D) hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agreement. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. II -4 (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTEREST: PERIOD OF DURATION. It is intended and agreed, and the Deed shall so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classifications or designation, legal or otherwise, and except only as otherwise specifically provided in the Agree- ment, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in subdivision (b) of Section 401 hereof shall remain in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveo-per itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the and an a 1— bu-ming, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplification, and not in restriction, of the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in subdivision (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interest of the community and other parties, public or private in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to ,whether the City or the United States has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to II -5 4 ,?.3 maintain any actions or suits at law or in equity or other property proceed- ings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper repre- sents and agrees that its purchase of the Property, and its other undertak- ings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in the ownership or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stockholders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recognition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in' so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertak- ings and covenants in the Agreement. SECTION 502 PROHIBITION AGAIN TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itseirI and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owing or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Redeveloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have - the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. II -6 �010?�Z SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIG AGREEMENT. Also, for the foregoing reasons the Redeveloper repres agrees for itself, and its successors and assigns, that. (a) Except only (1) by way of security for, and only for (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to acquiring the property and making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improvements as certified by the City, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 305 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or related to part of the Property, such obligations, II -7 (pca!57 conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improvements, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit prior to the issuance of the certificate of completion as set forth in Section 305 of this Agreement. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this subdivision (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obligations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of the purposes of this Article V and the statutory objectives generally, ,the Redeveloper agrees that during the period between execution of the 'Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and II -8 / / 4426 (b) the Redeveloper shall, at such times as the City may request, furnish the City with a complete statement, subscribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their respective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrances or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (including any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no way be obligated by the provisions of the Agreement to construct or complete the Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred to in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION In any case, where, subseque successor in interest) under the Property or part thereof PAY PURCHASE P L to default or breach by the Redeveloper (or the Agreement, the holder of any mortgage on II -10 �OIM74F (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to completion of the Improvements with respect to the Property by the Redeveloper or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improvements made by such holder; and (v) an .amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debts and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or otherwise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation or condition secured by II -11 4-�p such mortgage or deed of trust, including, but not limited to, the Federal Housing Commissioner, the Administrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceeedings as may be necessary or desirable in its option to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event tnat the pity aoes not tenaer conveyance or the rroperty, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the reasonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Redeveloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect of the property not conveyed shall be terminated, provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. II -12 G 34 SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVELOPER. In the event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days aftgr written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or successors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage II -13 (-3/ authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefore as provided in Section 305 hereof or on which the Improvements to be constructed thereon are in fact proceeding with construction on an approved schedule and for which a certificate of completion would be issued in normal course. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment whatsoever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property or a portion thereof and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part therof (subject to such mortgage liens and leasehold interest as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection wiht the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof -by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrance or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise _owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to (1) the sum of the purchase price paid by it II -14 (06AZ for the Prope. j (or allocable to the par iereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. 4ny balance remaining after such reimbursements shall be retained by the City as its property. SECTIONS 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY_. The City shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been com- pleted, in accordance with the Agreement, and for which a certificate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of title to any Property under this Agreement, the City of Iowa City, Iowa, be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and ;nderstood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IPJ PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, neither the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the perform- ance of such obligations due to unforeseeable causes beyond its control and G 33 without its fault or negligence, including, but not restricted to, acts of God, acts of public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, litigation and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, that the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Redeveloper, for itself and its successors and assigns, and for all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVIDUALLY LIABLE. No member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa, 1983, direct or indirect, in the Agreement, nor shall any such member, official, or employee partici- pate in any decision relating to the Agreement which affects his/her personal interests or the interests of any corporation, partnership, or association in which he/she is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPORTUNITY. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, age, creed, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orienta- tion, marital status, age, creed, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms or compensation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discriminatory clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commit- ments under the City of Iowa City's Contract Compliance Program, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of the City of Iowa City's Contract Compliance Program. (e) In the event of the Redeveloper's non-compliance with the non-discrimi- nation clauses of this Section, or with any of the said rules, regula- tions, or orders, the Agreement may be canceled, terminated, or sus- pended in whole or in part. (f) The Redeveloper will include the provisions of Paragraphs (a) through (f) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors unless a specific exemption is approved by the City Council so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for non-compli- ance: Provided, however, that in the event the Redeveloper becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City, the Redeveloper may request the City to enter into such litigation to protect the interests of the City. SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transfer- ring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES Of ARTICLES AND SECTIM parts, Articles, and Sections of the Agreemen of reference only and shall be disregarded in of its provisions. S. Any title of the several _ are inserted for convenience construing or interpreting any RESOLUTION NO. 8S-200 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY86 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of this State, may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transportation by residents of Iowa City and University Heights, and WHEREAS, the City of Iowa City and the City of University Heights have negotiated a 28E Agreement for the provision of transit services within the corporate limits of University Heights, a copy of which Agreement is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the FY86 28E Agreement between the City of Iowa City and the City of University Heights. 2. The City Clerk is directed to file a copy of said Agreement with the Secretary of State and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER X DICKSON X ERDAHL x_ MCDONALD x STRAIT X ZUBER Passed and approved this 18th day ATTEST: CIT CLERK June , 1985. Received & Approved By The Legal Department G M 8S 137 .e-;,r�. AGREEMENT FOR TRANSIT SERVICES This Agreement, made and entered into this !l� day of' 1985, by and between the City of Iowa City and the City of University Heights, municipal corporations. WHEREAS, Chapter 28E of the 1981 Code of Iowa provides, in substance, that any power which may be exercised by a public agency of this State, may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transportation by residents of Iowa City and University Heights. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS, AS FOLLOWS: I. SCOPE OF SERVICES: The City of Iowa City shall provide public transit services to the City of University Heights. It is hereby agreed that Iowa City shall determine the scheduling of buses, the routes and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of service as residents of Iowa City who are served by the same routes. II. DURATION: The term of this Agreement shall commence July 1, 1985, and shall continue through June 30, 1986. III. TERMINATION: This Agreement may be terminated upon 30 days written notice by either party. IV. COMPENSATION: The City of University Heights agrees to pay $26,064 for the provision of public transit services herein described. Payment shall be made in 12 monthly payments of $2172.00 each, to be received by the City of Iowa City on or before the 15th of each month, with first said payment due on or before July 15, 1985. V. This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY, IOWA: CITY OF UNIVERSITY HEIGHTS, IOWA By: GuR� By: ohn McDo ald, Mayor 'Mah Coulter, Mayor By: 75 . 7S?iL Mar'' -an K. Karr, City Clerk Poadved A Approved pe Legal Department 6 4 85 ATTEST: RESOLUTION NO. 85-201 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AMENDMENT TO THE LEASE BETWEEN THE CITY OF IOWA CITY AND WASHINGTON PARK, INC. FOR THE SUITE, FIRST FLOOR CENTER, DAVIS BUILDING, 322 E. WASHINGTON ST., IOWA CITY, IOWA. WHEREAS, the City of Iowa City has an existing lease with Washington Park, Inc., for the rental of the suite, first floor center of the Davis Building, and WHEREAS, the City Council deems it in the public interest to extend said lease for the Housing Assistance Program said portion of the Davis Building, 322 E. Washington Street, Iowa City, Iowa, for the purpose of office space from July 1, 1985, through June 30, 1986, at a cost of $7,500 to be paid in advance, and WHEREAS, the City has negotiated an amendment to said lease with Washing- ton Park, Inc., such attached amendment providing for a one year extension of lease at a rental of $7,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor is hereby authorized to sign and the City Clerk to attest said amendment to the lease with Washington Park, Inc. 2. That the City Clerk shall furnish copies of the lease amendment to any citizen who requests it. It was moved by Erdahl and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT: x AMBRISCO x BAKER x DICKSON X ERDAHL x MCDONALD x STRAIT X ZUBER Passed and approved this 18th day of Iune , 1985. ATTEST: CITY CLERK Received & AMrvvod By The Legal 7aparhnent b i4 SS G 39 WASHINGTON PARK, INC. EASE -BUSINESS PROPERTY AMENDMENT COME NOW the undersigned Landlord (Washington Park, Inc.) and Tenant (City of Iowa City) and hereby agree to amend the LEASE -BUSINESS PROPERTY on the building located at 322 E. Washington Street, Iowa City, Iowa, which was entered into by the parties hereto on the 1st day of July, 1982. It is hereby agreed that the below -referenced provisions of said lease are amended as follows: PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provi- sions herein, the following described real estate, situated in Johnson County, Iowa, to wit: Suite, 1st Floor Center, Davis Building, 322 E. Washington Street, Iowa City, Iowa, consisting of 1,083 sq. ft. more or less (23 South Gil- bert). with the improvements thereon and all rights, easements and appurtenance thereto belonging, which, more particularly includes the space and premises as may be shown on "Exhibit A," if an as may be attached hereto, for a term of four years, commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of July, 1982, and ending at midnight on the last day of the lease term, which shall be on the 30th day of June, 1986, upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. After July 1, 1983, tenant may terminate this contract by providing written notice to the Landlord at least six (6) months prior to the date of termination. In the event of such termination, any advance rent paid and covering the period beyond the date of termination shall be refunded to the tenant on a pro -rata basis. 2. RENTAL. Tenant shall pay: In advance as follows: July 1, 1982 - $6,000.00 July 1, 1983 - $6,480.00 July 1, 1984 - $6,960.00 July 1, 1985 - $7,500.00 All sums shall be paid at the address of the Landlord, as above designated, or at such other place in Iowa, or elsewhere as the Landlord may, from time to time, previously designate in writing. Delinquent payments shall draw interest at 9% per annum from the due date, until paid. All other provisions of the original lease shall remain in force. Executed this day of Landlord: Washington Park, Inc By: • Tenant ,0"e"/By ?es At 1985. City of Iowa City & n.ppm„sd al Depad nen RESOLUTION NO. 85-202 RESOLUTION AUTHORIZING RENEWAL OF LEASE WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION WHEREAS, the City of Iowa City, Iowa, has renegotiated a lease with Johnson County Agricultural Association, a copy of said lease being on file in the City Clerk's Office, and by this reference made a part here- of, and WHEREAS, the City Council deems it in the public interest to enter into said lease for the rental of 7,500 square feet at the 4-H Grounds for a price of $350 per month for ten months out of the year for a two year contract from September 1, 1985 through June 30, 1987, said rental property to provide covered, heated storage for equipment for the City Streets Divisions in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the lease with Johnson County Agricultural Association. 2. That the City Clerk shall furnish copies of said lease to any citizen requesting same. It was moved by Erdahl and seconded by Ambrisco that the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X Passed and approved this ATTEST: ABSENT: Ambrisco Baker x Dickson Erdahl McDonald Strait x Zuber day of Jame , 1985. Received & Appmved By The Legal Deparhmni 6 15 85 % LEASE -BUSINESS PROPERTY 1Mlf UTAW AGMMOR, *-v W In dupicato. wade ad wte d into Mb _day of 19_ by ad bat.. -t Inhntnn rn.mty Aorirultural ateneiatinn 11.-.-:--fif 4l6d HM r+,,, fw LLa f✓wp� N Ws Maw I. 3149 Hwy. 218 South Tow& City I7..+rt.r.d lcAl Iowa 52240 a d City of Iowa City ILa.,I lL. hd.) W VMfM called-T..n wbo &d*m for W f� o of tbb lee Is 410 E. washinaton Street TO: City ll..d r hr'.I L04I Tnwa 57740 WITNESSETH THAT: I. PRIMO a10 TOY. 76 l..d ,.L w erw..a- d M. Th 6 . d d..a...-h W wdiM Ln.. i ...W" - V. pd d M. T -.d b b. LW W ...1." 6. -t. d. T --I W T.u.t b..b, n.h W I.. fn- W. I.d....d'.a t. Lb. r d P. by no r a 6 d. Wb a -d .M.K dm.W h Johnson r�tr. I.a w dh 50' x 150' barn known as the Swine Barn at the Johnson County 4-H Fairgrounds on Highway 218 South equipped with natural gas burning heaters, said barn containing 7.500 square feet, more or less. .iM tM :.onnw..n Mr, -..d .4 410. .-.-h .nd •pWd-•x- M.n. h•bn I -" MW,• bdud. ft -w W pwWrnr,bbd.--'6Lbif A'.xWu..,4.a-lyd brt4 fa.t.ad C ten monLll DglAdjyf a/dL .MId M.d-pwb-bN. and dOdM. I... Iva ddd iJ b. - LY 19t , # Seotemher 17�.S..liEti•.d ..Iy M eWp1 w M. hd d., d t6. W. Me• d6di ad b. r M. 30th yr of June 19ML27- w N. as IN N.t"Tr rw• M Mala. W W. a t. tw, b PA.id•� The above - specified term is exclusive of July 1 thru August 31. Rental to be paid for 10 month period in two payments each year: January. 1986 - $1,750.00 June, 1986 - $1,750.00 January, 1987 - $1,750.00 June, 1987 - $1,750.00 L UWAL Tr .m.. b ..r t. L.ndI ..+1.1 1W w # r - wa..c., pr.-I►Y .d.�.. Ma a. -r -F f.rawl b.4W.a dr �- as prove dedin varagrap sb,r W .d W 16. A'.+.o.tw/ w.,.l T., duo d. w .. for all utilities used by the tenant. An r dW b...:d d tb..ddw d L..dvi ..bow d.lq...4 v d erF n,A- pew a ta.e a d.wh.... tw. l.dud ..,, b.. o.G..w.t MA .de L FOOOMO` T.. -t .b.a b -MW b pm - Il. Md dg d 'Wh d" w .nd dd ,Idd p®- .bblaKl. phi. rww w� rY d.N. TA _ -c. M ww.LM d fb aMY l-dhN W f 4. M Of rx MtM T. n ' 1 W .aw. dwNq d. tom d MB Irr b a W b omp, 16. W W Pais wl1 /a F. 1-Idd:-. - .d w r mn .O. 11.1. a (dl W I I lbl b.la.. L 9MU VgXMuf. Laded pn-..h Mw 1.h -t u .dd p -.w. w W Nr.t tb. Tw1- Md•9 fb. M .n.i. �- .vd .aia.d.9 W tM -Isco w rn. nn.n w - wnew- ....n... i tbw Ira a.1 W n., p-.rbh ti- held W -p, M. d...d pwni.. id 16. t-. d M'. W. frr fie..d.tl th..dn1i- - id.Wo 4 M. LWIsA - M dbw T...• I.v.i -dh .Mtr.-. lid .. p.ngwph 11. Waal, ad tow M. now .. rda.q..Y d ih d.w. MI. 1• h .W r-e..t.n, fn.. Rfin nota.. wbi. h MI. w•.. L eau AM YaFwrOladlex a pmluL (.I T --I I.La " p.1m Y M.I. F.....I .dww a+a f...d r.a.:n W au- - M d ......I/ b V -d.L 1 0.2— (bl LANDL0009 OM OF CAM YID MAIdRI ME L.nMnd .IN f.. N.. rml..Innee.l pont of Mt ane. "nal .ad elY. ran rural man of tb bddi.q ;n good mneme w TOMAMr7 aura OF cAY AM! NYI.nMYN:L tenant AnL .flu t.hlatg pne.rkat d rid natation .d w J Nr one". W of We W. and M. wwl .1 iron fant arson.. ib one neonate, un for aed n.in.in ..id ptwl.w in . M.a.bly rf. sand .- 6- A6 ond:Nce. wmpt fw a act 01 mna of M. bildinq. Tenet, a:g tonwh IN non lafariw wd wMlm d.ear.Na . Twin fl me pend, w .Yon .ant anti. b be "rm,al or d•pnu..d in n.W b, one M w n.gggwo. of M. Twwf. ite .gone or -0ti Wthwt Ynifip M. q.aw.lry d N.. (wKoiaq, Trrw..r•reT t .O aY.rmia f. fb..won. ,M pl.rbleth fM adlne NMI ead eleef " atM wtwwfog...: bed n n a m•nnt.nn d neW eed Flooding OF ptonlr.: no monody '86 "'a d .w WI.m w oor a W tion.. TM Ter., a.aenaa fe e.al.f.le a kale m Vf N IF reel Atawl.O d Offr0. N aml Iare V n., .Mary fon been" .an, fY. Tree,. Tenant . da w.w wlrn. net, inMN nave cnnn .nna I. apd cwtdlliaa. Tear) .Y M 1......lw M flat af.a Ne. 1. 00 ana d... d MN an d rid ptwtlon ed "—to can.ir.IM d wGd nqt ingano d Nr bud .1 Health. C11" O.C. ant .4 N. State of 1. ad IM faded q aaamma . b. " nanhat Ml M be e..lned . -of1F. "ani pabec If Tenant be 1ha Iron d Ihb i.w b Aw Im-69 mwr M. 'mat ro a—. .%..id name I. Ilt. M4 N ate,. w Nr .be ne"b ba. f, dd. w .'Asan.,, ..d N atin rw.pn Yat. 1. 1N =:= n in one nW.. L The tenant will not be responsible for snow removal. 7. (.1 WITUM YID SORMC . Tuuf, d.An 1M Ann of IN. I.w. A.11 M. baton d linu.eet,, 0 chug. fon one d %I - done, nefw..w. Ma Ful. la tnfrq u T~'. neame.'b'litr), dMridN• pan.. ab Dadifie.lr IN .if o•adilindel in Nr Twwrs pw.'bT1el. q.rboq. dnw..I. "A anneal sant me aa,feed by N. rn.quy .a oMw o1q; aa W .nett. d nh.f..w Mad sad .Mn nhbh M b new In an ma 1ha da iW prwniwa Payment for electricity used by the tenant will be made July 1 to the landlord for the previous ten month period. (YI Ail COf1OTONINO .gai,r dA be fon.;1 .1 M. wmnr d neither T.r1l .d annamen,'heed d It..dtrd ac Me wpeam of (handbe M . fl neither (el JAMITOI 7101el dr " at feMAd at fpone d (L.dwd or T..rfl Intl MOATINO Ad be fn"nal at A.«pond landlord with tenant responsible fonly for natural Mendota! m Tana.) gas expense of heating. L fat SOSSSMan OF n9111SO AT UID OF TISYLLJINCTAL Of PMU" L Twte, .gate. M. upon Me WnlMbn d f W Inam a 9 unwder. yi.W u. sad ddi.r N. In.d premie. I. gad W don utdfiw .mM fF..Mwn d .dram.ner al Ion sad dt.atd.Nm .dd.q I. am d Nn., w d.n.q. aiMmf feel, or MbYIfY d T. - (fneaaaa-:.F.•++84M-n0 SEE #27. (b) Teed tuY, .f 14 wpbtim -40- teen of Mi• Itea w tae.n.l w nena.h arta.! ..f •'bb Nr M an"ne N Tatrd h naf i. Meet, hemndw, nano.... f brat e. wuinnul .Fid rid Tw.. M imatUd i. Ant WN p.atba ptwida I .id Tatud f.p.F. we ed d dwrw uurd be nenee.L (cl MOIDI fe OTd cmNnn.d anm, , bawd 1M wl.irdwy d.. of N a 1.rw d NA W.. be Me Tment. cwd.d .Nh M. a�reatal nwM b matt wf.adndd Mb lane. ld.gr.wn.al by bM P.O.- fon . w1aat.W d thin In. w ban r . na a codlY m of tone q. "SIOMMMT AMD $OSLRTIMO. 41.wp.., d %h fame, W"MatffeO d (M Meatims W..T M Mre.l, atf14 M IM Lend . e, aniMe. MY.hdr d.o. .f ,M .Idhe .4 M. Lanndlnd. eNY1 tan .M1 fa Nb MW.. d 0. her f... a ..d eyeb,, N . Sed .fifI. p unit. an .Fail nn be enn..w.blT with" IO (.IALL OW 9STATI TAM wmon pt .. y be olheeer wnwor idr v.idtJ i. Ah mngnd Ionian! m IL Ionian! •see ad be I.w til .Ahad', Ib, n.rn.bly ..M,q L..{T'µµppd'. ri4M• of .pond N.inn said ted papT IMII be N,.1, mid br M. one 0 at tnn fdiwriaq enporlio.: It, Ladled 111 ,.: It, Tenant Ib) I..ara in melt tarn •nmol at in Ib9 nen mrpnph na+d.d..bona th..mmu. "M during Ma b..e rate d Ib. Iter if and no no, ba &wand in Mia mngndl A.Y be mid be Imdlnd, -Q-X: by Tenant —7'- W YW I.C. i. rue 1. cat:rd by l.mq•....,e of Ton.. "1 be Mid by Landlord Tao %; by Twa. y (dl FffMKAL MIMMI*T TAMS. Tw.t .qn.. v to NnnlY M .11 1..a . no -an m outer mbga chane I.,W m .veal be be bend wMwny Ibe, tram,* nwnada , Treat, &gn, of wMll "din.t ih Mnm.l napery on tan pmati.a during fFes twtt of thi 1. 1.1 SrlC1AL ASSIlSYIMTi Sortie, a.uvrwv A.Y be one, mid be tF. mfar 's IM'diming p.prffw.: be Ma,needled inn ,:haat. T.rf�M SEE PARAGRAPH R 27 eM.. ar 0armtd pamM m •n. porn ,ween. dy iaw .q.iM bwd..d I;=flet u mat al NemMw r mat• meedIwn4n .d Tw.nf .ail py neat d.':m b LaMond . cwN Non flan IIn t...diw in me. b b nen Mer .Meet. Such twee dull be mad...ante rte mrti. F nro r M.I.' nry.ppwn, word M .6a a d ne MY at. nam Pmwd. M hr. oned end moat. my. h Hr bed b r r.1 ee �aY don .d O.inq Ladlmd Ir, Tenant. Ism deep 11(.1 beb-; anan nine .awl ( 1Ta.e.etnna.wttwM on fha er.�.w a.9-mn w M 'd oar d .nY la. ar rpm duct IM Lwallorrddbb% len a by ft fenta d thin Icor. hat m .For Fon.. I: Id S.Yr.I.Mr r(SY..n M h Y wM1ed • .W h .IMM d MM Neer Idliwa. b.Mee.gon.rocmndY.: .atti4 "n .eft andW Mwe. ( "at'rob�Y.bbi mnato du roM'wWrid. an d .moan- mmol. ein iwnwr .a .n.'• rnn te ren M. -•d. nwlfuq Ir-+' . . r ••. .anon e'4rair M. as F.nah 1way.Yd sad p 1.1 INS ryeell IL Lwdlod III rfM .d .y dein it" .. in.n... m,a .r ih .:datp^,ei.ta = fan n.e':w ..d rid mere w Ann be mid b .d Mk by ngnd b M u W i. m aaant I]I 1L IN YID LMMl1ET INSYI Darts d Ma !hu Lp, r Pall p= iMam lard by. or ovisesEIl, of. as, es wapam,. h,pani, an donein, ..Frlsakcall M wee Dat Meed by ,tens Teener was awrillems will . its Pin ap.sa Personal, aloof Maintain $504AN farway say, deral pretedinE ave. laded e1' f s ar a . Pronerr, b longi, As, wax ,was anti, Aa tam M 'fiohae s than ta M. data d Men d lid of the I. pf this and. risk. of d . :.;J. . ta �.wT. s a arson aYnpeMY an rv• m, M Yrsue dreadka del:ywnd IP rk ndiPd .iM:e tiwN IZ A, to inane.. d lenmwd Fa rsd and Mndm 11. HER AND C UTT. PUTIAL DESTRUCTION OF PERMUEL 1.1 1. Ibe wet of • P.Mial a" sdton o dawn, d flaw Lard pmm%@% which i. • brniness inreda.nca that m which player. Its condumi, of a normal b-:eeas npwetiPa d .hid dear,. i .ombly npa;nbl. within tire, Iml don siren its occumecw this Lau All! net Iemlare but the t.r f- M. lennd poem. Mau also. don, Me Mee of arch baaoe s hM.drees to M. ..I d penial deramea n. landlord shall repair Peri da.,. a1N4 M dT H Ne wtwttwe an. Prom.nM Inc. as du, b, each d 6Pd. edomanh the PabOspa, sn .int, nota i mami., oawinant r,vleM.a lits adicancw I.ber, motorial an MnewmaMa sharl,w 106111P. r <aus bead lei lad's .1,16, c.M,L (b) ZONING. Shallot A. mMe, arae.. el A. city w munk:pal;h in which Mit ptaaerly i. Ioand make it impadbia fin Lw,.,d dnq aillgent and thaw y silent . obtain necessary Parmits .red to .call and/or rsbvld m Met T.ad is was abl As cnMatl its knween an Mau pam:., Ile. sed partial donecMon dal b Mated as • 1.1.1 desM.w.on an ;n Me ns., pa,,,.ph provided. Icl TOTAL DESTRUCTION OF BUSINESS USE. In Me .ant d • dnavalim ar d.m.yns of the .tonal ,.rim Yd.dMR EDa panels. ix1 aw lil • PaA;req .s h . part d Ia mbi.ar maMM of thin 1.1 se Met Tenant w not We to conduct M. bens. an Ma prpmus - Me Men cunt., rental w fin which Mo onmiw .. bin, a.d and whirl damage, cannot be rwwai d wiMi. doh (,1 dm Mie law may be taumin.r.d n Mo Wine of siMa Me Unclad we T.an. Sad tamJn.,ion is awls w., shall be .R.ned by .rites eotia of .. ppm N the aMan within Iweh 1201 dM •fte, rich destruction. Tr.M Md Patardar Panamanian wf4a M 110) din aft -Peak Mata low all sot Party shall ba nle•xad flown e0 fawn .1d;,afieet h.eeM-. Te-aef ,sayup Wool Pro to .In b Msa data of cad destruction. IP the Pant at cash r.mf-.iu. of Mn Iwo. L•ndlad a, ire Paean, may nMik or act. accodw., ,e ih a— makes all nand, 1 py CONDEM"TI .'hllot, w Os DISI NTION OFM AWARDS. SAo.A.." w any Part d the d.mlad promises be coadenaed a 1x4. Public use at Parpae. weak pally Mall be .rill" . Mre. on ih ow pmp-h, em awed Payable to it. Of in Me event tat a d,le entire awed h made on accounl of M. coMwnd—, red path T !ben be M Mand to take Pad pmpwMon d said seed as may b fain sot ..am.. Ibl DATE OF WSE TERMINATION. V Me whale of M. demised Promisee And be to condemn" w Wart. the aadl-d dad Par be 0ebl. In Ilea Tank, of eM . its nghfs as prevented on is Pang+ash 111.1 abw. IS. TERMINATION OF LEASE AND DEFAULTS OF TENANT. to) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEPAYLR The shell .m n.ta upon . W6. of to damn" v ,;I this lea. upndy and in —ffiaq promid.. far ...n and N any wan awriat' r rr;nw d by th. Tenant Men thl, w ..roan n will .roathe espMw w nof Me nation total termL Use aafadl i. pavmmt of vena Fane- ay open any .rho daiaulf by Tarrant in a.m.-. with M. rpm. all pmyidma d this Il,sa, It Inca maty at Me nation of Me fondled be ca,cwAsti and fmrf.i d. PROVIDED. IROV/EVER, before e zutM a ... alld. and f-. ave s ... I as Pmnidd in IS(b) baa.. U,dlad soon pito Tenant ..Arras nada. enc.4in9 A. defanlf. a. defeat% .d M.Mng Mat this W. 11 he cancelled and forfailwd t. 1101 den sfta. the ivi., of wok plica atau each data.],. - defedh w and drV nock gran ,.nod. bas p ... 9r.ph M h.law.l As . eddiNen.1 ..conal procdure or a . eltarad.e N M. Taps, (.M nwrhstr esdaiee al Nee M.r) U.clad me wacead se in par.ar.wh 21. bale., proveded. (bl SANUURCT OR INSOL/ENCT OF TENANT. In Me lana T .... I is .diu111.10 a anknor or M Me -.tit of a iwsl'W sale - pf Tar r on • y ben .ray a .ay Prneadin, r by PMe, o of m. bort „ by a..M terra m ole or +anxi., ken ria' ben ....red Pen s.,.ndo .e4in r. 1101 dM From ns q"ivvn, of nnlca Moroni . analo. a r arum .ria my son ..Mian m r h a ally r naw this Pau. roamer aid promise, -can gi.i, a nee (101 any,.- nave. are ia-elad o Tenant at .a me rr . Pamnerd by applicable L.. cl In let and Ibl ablate. w:,.w at to say cal l Melt no, Maria... waiter of say wbagv.r default ar defawn. Id) .4cceunnn d lm, sd nwtix:ng •M rmmtunq by A. LeMlod uw As Totem's default shall b armament only . an .Rare fat dli g.ta Gxmages by Me l.ndlard all nor as an air., ta .,min.. Mit .w. In, RIGHT OF 3111433 PARTT TO MAER GOOD ANY DEPAOLT OF TIRE OTIwEL if lobule Mall b mote by tills Path i. M+. a. atPmpisntw wM, can of Me rem+. can.ems arcondition. of Mi, 1.ese, and wcb default shall X. eonMnwd for Mirk 110) cons,abvr wnM. n notice Aerial brn ll oare Peto Me Pr4ern.e pan" ,gdayed. it addition to all other remnant. naw - atiftes F•addd dt law. me. but toot a nrfarm Pad torm. awmanr cr adnd.lim. ar make gad rock deferent .M .y .ea.t d.anred shelf he Arnold f.1hw;A . demand. 1,a- with inane . aha rare of a —X Pew m -um. front data d adeenn. 11. SIGNS. r.) Twat Mdl ave Me n,ht and pri.iiags of ueeehin9. e/5.ieq. saimin9 or w ;W#k,, u., an now baud -amino cyan,di" ane 1, I I that any and JI none Nall camp, will, Me ordinances of Me city or m.icipaGh in which the pop.h is .<.d ad M. x of M. S,na of lawn 121 lark Jin, Mall A. d.,. ra Mewo.n of to 6rild,: 111 swch, L.n if .M .how .Ls down rid not .mage the beidi,M od 14) wall den. Mall be eubi-t. the wne.n .o -atoll of Me andlod. which appal. Mall eat bw uw..anaMy wahheld. (b) Landbrd durin, Me Int worry IW) don Pf Mn la... an ..nntlPa. Jell haws the vilify, . waists.. in Me windows an an Mal bendl inq or . rve promises tither or beth a'Fcr R.r' or - For Sdi' $,in end Leurt will Permit. at lack fine, patpaatiw .ante - beton . an.r and asmmw Ms paw-,rw IL MECHANIC UENS NUMr.r M. T.an at any.. d m:nq as. thrwgh, an undo to Tenant. shall ave ill tign . f, or Fiat. am, ..,Ac'. Yale or ell. I'm of all kith an .net...-. up. said w.nis a upon .y berthing ar imprwpnpM M.r r upon Me i.atakad L.n,t ef M. Tam." Ih.rn. Ad -a ;w h.robu 9;— A., . aonhreat-, mbsmrv.crer, - waylay. show warp may FuMia say Metal, ser.itw a 4ba, fa say bulling, imcromermMrc .rra.riaa Wart or ae pan M.reaf. "I at .pay Mm. be - bell .AMed In wax 1:. M'. sand far fbe fun4ar M.nnty ai M. Udlard. M. Tar" contestants .M a,tw. N q^e "I tallow Aeneas! he say... b w and aR apn.M-a and wec.h.ctan who me tumid w,m to Na ill an each Material. ,-au or (.ba. 19. LANDLORD'S UEN AND ERCYRITT INTEREST. I.1 Lid Landed sfell hw, it addition M Me F. gieee Is, law. . tatwtih sM an -o.dW by M. Uniform Ccaneurciel Cd. el 1w.. uoon a0 ons—.I w." and all xvbdi.rione Melilla, an, .M uW . curd cleanses aw Tenant. andlod me pAcl.sed of ,a. .h -ilk any don Pm.fdnd by Ito as, by Mae Lae fin the rec- ory a pt. r w fa torwiwl+m d this lasso between d Twat' defoalr In uIN performance. (b) SPOUSL If mina is nee a T..t, than M. weaunai of this ;ervvm.r by M. moasa dal ke fan the ml. waw- of cl,.M, .x,unh im., an panan.i pmp.h lod ..i.ing rights of home,red. tighh of dinriburi.a shall..nd aanli :0. SORTRYTION OP EOUIPMW. MERCNUOISL RC I•I Do Tenn Mal kw Me right. few Mina M tithe dwinq M. ew- nis I..a a tnnewel Maori.. eel w arharwive dispose Pr any penonel ptaparty d the Tsan uhutad . Me said dami.d p.mmen L to .dgmprt d Mal sooner.Tenant d shall h.we bPa.ta ;.... l,.1 in twee ncfMee :an wA awawlion s I Me ha.: w via promises. pr^y'dd. how... A. Me T..r Mal in w c. I.lat no saW;NM article . if. ' nuts) n ih oown vo.u, wah.re i- wd items d Poll prowenh ..aid w other u diloeud L • ave - all- iti he saatitati- Mereef. in like as grown yefw..d .daal.d fin aha eiToad apnMes d the b-in.0 .opa to clawsel pwni.w Ibl NPM-, cern. cPa.ied "I fs aPanrvd a. oars;., to Tms.I met nght. aspen. d im.Nid mwche.dbe in the adnes, cavy d M. T.eny. trade an bo.s W 5Z54 21. RIGHTS CUMULATIYL The various rights pave n. option,, elections and remedies of either party, provided in W, lease. shall m be tined e cumulative and n ne of thems erdu iv of the others, or eedov. a of nny right tS edi r pn.mlirs ilowswi e:.c.. able party by few,ndshall in ray •Ret o -Pail the richt of Dither party m pursue any db­ equdd. aer Iegalremedy to rbirL tither parry may be aafife! m long es any default remains is any way unremedied. uradidbd or undisc6eryd. 22. NOTICES AND DEMANDS. N.C.., as pxmided far le this iwse shall be glyee to the respodso Penn.. hereto 01 Na reepeeNv add,.o,. d—,decd on page no of this kala unless either perry notifies the othera widinn, of . different address. With. out prejudice to any other method of notifying a parry In -ling or ting a demand or other comma - anon, such m or, 0.II bre dered give undo them ta+ s of this lee when sent, addressed a above dedgnated, postage prepaid. i,bor by regred cerfd m ireil. rreneturn receipt requested, by the United State mail and ,o deposited in a United States mail bat. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS. ETC. Each and every, covenant and agreement herein con- tained ,hell stand to and be binding upon the revpective successors. heirs ad hist for executors and assigns of the panic, hereto: a ceP, that if any part of this lease is hold in joint fenancy, the suec_ssor in mferest shall be the surviving joint tenant. 21. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions a' instrument ease o be bad or taeda tire. and dolne.ed to the LandloLandlord or T—at lbe in yd end Tenant mannermodified, loos(eecontains the awhole nod, step' bo, Me Part'.. v signedy pa greexcep 25. RELEASE OF DOWER. Spouse of Lendlard, appear as a party,igndan, m this loam solely for the purpose of releaei^g dower. or w distributive there, unless said spouse b also a co-aer of an informal is the leased promise,. 26. CONSTRUCTION. Word, and phrase, herein, including ,.wJ,dgmed hereof, shall be mast.od m ,n the singular an plurel number, and as masculine, feminine or neuter gender according to the canna. 27. The landlord agrees to assume liability for any and all losses, costs, damages and expenses occasioned by or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased primises, EXCEPT that landlord shall have no liability for any loss, costs, damages or expenses to tenant or its employees or to tenantsor its employees' property incurred by tenant or its employees in, upon, or about the leased premises when such losses, costs, damages and expenses are directly caused by the negligence of the ten ret or its empl.oees d the tenant shall rther hold th ,landlord harmless for an loss o tenant s or TtyS emp (yees property Tn t�Ie event of fire, theft, malicious mischief or vandalism. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the ay a d year fi st above written. OR(TENANT) l // F" /r LANDLORD �•' INDIVIDUAL M RIAS N KR . KARR, CITY CLERK FREEMONT ISSACS, MANAGER STATE OF Iola now,o son SS. annowas COUNTY OF exerear-On this 18t day of JIIIIC 19-8 before me, the undersigned, a Nofay Public in and for said County and .. .. State. personally appeared Mayor John McDonald and C -i ty C.1t Prk t u Ir...... to tome personelle known bo tho identical pe nnnyyy�mmm��dyl, and who executed 1M red (ara9m'ng instrument, end .drowledgerd that they a acted thesem as their vcluofary ed red dla l ISEAL) 11 NNot.,Public in and for ,aid County end State STATE OF �SS. COUNTY OF On this day o A. D. 19_ befine mo, the undersigned a Notary Public in and for said County and Slate. Personally appe ° to me parma.11, know, w wing by me duly sr yI et they are the ravpactivt and l,. of msid cerporaiian nuoing the dfhin and foregoing instrument. that Ina I hes been . by tree tai oration; that said insrrumenl was signed landsealed) on jthe mal of resommerefer b the ,eel of rw .. s. Sohal( of said co,poretion by aufh its Board of Directors: end fmf fhe mid end as}ye o fi m. ° kn°wledgad the a ...lien of said ;Is fmmenf to be the voluntary red deed of said corpor°licm I it and by f dl ffi -a61 y executed. Notery FIDUCIARY STATE OFiSS. COUNTY OF ) On this day of A. D. Is— before me, the undersigned, a Nofary Public in and for said County in said State. personally appeared a, Emcumr of the Estate of Deceased, to me known to be the id-lifal person named in and who executed the foregoing instrument and acknowledged that he e.ecufed the a.m. es the voluntary, ad and used of himself end of such flduciery. (SEAL) Note ry Public in and for mid County and Stele PARTNER STATE OF }S5. COUNTY OF 111 On this day of A. D. 19, before me. the undersigned, a Notary Public in and for said County and State Personally appeared end to me Personally known, who, being by me duly sworn, did say that he is (they .rel paraben.) of the PerMemhip s..tire the within and famgaing fnsfrumenfand k..I,J,.dy teat @e) (they] executed the same as the voluntary ed end dead of said cdpertnerbl by (him) (lheml and by mt id dnership volunt°dl cuted. Notery Public in and for said County and Stab For acknowledgment as a corporate fiduciary sea obverse side of Court Officer Deed New-Jved & Approved (Official Form No. 101). By The Legal Departmid (d) b 14 8S lv SSS RESOLUTION NO. 85-203 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE BROADBAND TELECOMMUNICATIONS DIVISION WHEREAS, Resolution No. 85-60 adopted by the City Council on March 12, 1985, establishing an operating budget for FY86 authorizes all permanent positions, and WHEREAS, staff time necessary to assist City departments in the use of video has increased. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Broadband Telecommunications Division be amended by: 1. The deletion of one half-time Production Coordinator. 2. The addition of one three-quarter time Production Coordinator. It was moved by Baker and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 18th day of June , 1985. ;3 ATTEST: Recaived R Approved By The Legal ar`ment u l!Deti RESOLUTION NO. 8S-204 RESOLUTION ESTABLISHING SALARY FOR FY86 FOR CITY MANAGER AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified person- nel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation except as otherwise provided by law, and where said officer or employee shall receive or collect any fees or other compensation from others for services as such officer and employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective July 1, 1985: City Manager $56,617.60 City Clerk $25,833.60 It was moved by Erdahl and seconded by be adopted, and upon roll call there were: AYES: x x NAYS Passed and approved this 18th day ATTEST: LS�Aiil.sr) 7(. '3�L A CITY CLERK ABSENT: X X June Ambrisco the Resolution AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER 1985. 19Wv*d t Approvaa By The Legal Mpartmont 49,11 RESOLUTION NO. BS-ZOS A RESOLUTION APPROVING THE APPOINTMENT OF TERRENCE L. TIMMINS AS CITY ATTORNEY FOR THE CITY OF IOWA CITY, APPROVING AN EMPLOYMENT AGREEMENT RELATING THERETO, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAME FOR AND ON BEHALF OF THE CITY. WHEREAS, this City Council has determined that it would be in the best interests of the City of Iowa City, Iowa to appoint Terrence L. Timmins as City Attorneyfor the City of Iowa City; and WHEREAS, an Employment Agreement for the employ of Terrence L. Timmins as City Attorney has been prepared, which Employment Agreement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That Terrence L. Timmins be and he is hereby appointed City Attorney for the City of Iowa City, Iowa. AND BE IT FURTHER RESOLVED That the Employment Agreement attached hereto and made a part hereof is hereby approved as to form and content. AND BE IT FURTHER RESOLVED That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll callthere were: AYES: NAYS: ABSENT: X AMBRISCO . X BAKER X DICKSON X ERDAHL X MCDONALD X _ STRAIT X ZUBER ADOPTED AND June 18 , 1985 APPROVED •ry U CiTY CLERK 4 O EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 18th day of June, 1985, by and between the City of Iowa City, State of Iowa, a municipal corporation, hereinafter called "Employer", as party of the first part, and Terrence L. Timmins, hereinafter called "Employee", as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Terrence L. Timmins as City Attorney of the City of Iowa City, as provided by Chapter 2, Article III, Division 2 of the Iowa City Code; and WHEREAS, it is the desire of the Governing Body, hereinafter called "Council", to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as City Attorney of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. Employer hereby agrees to employ said Terrence L. Timmins as City Attorney of said Employer to perform the functions and duties specified in Chapter 2, Article III, Division 2 of the Iowa City City Code, and to perform other legally permissable and proper duties and functions as the Council shall from time to time assign. - 2 - Section 2. Term. A. This Agreement shall be of an indefinite term, and shall remain in effect until terminated by either party pursuant to Section 3. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A and B, of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 3, paragraph C, of this Agreement. Section 3. Termination and Severance Pay. A. In the event Employee is terminated by the Council during such time that Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to 12 weeks aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all Administrative Employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position, then Employee shall give Employer six weeks notice in advance, unless the parties otherwise agree. Section 4. Performance Evaluation. A. The Council shall review and evaluate the performance of the Employee at least once annually in June of each year. An initial review will occur in January of 1986, to be followed by the first annual review in June of 1986. Such review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the Employee. Further, the Council shall provide the Employee with a summary statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. In - 3 - B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 5. Salary. Employer agrees to pay Employee for services rendered pursuant hereto an annual base salary of $51,000, payable in bi-weekly installments at the same time as other employees of Employer are paid. In addition, Employer agrees to increase Employee's base salary and/or other benefits of Employee in such amounts and to such extent as the Council determines appropriate, based upon its annual review of Employee's performance. Section 6. Hours of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Section 7. Moving Expenses. Employer shall pay directly for the expenses of packing and moving Employee, his family, and his personal property from Council Bluffs, Iowa to Iowa City, Iowa, including unpacking, any storage costs necessary, and insurance charges. Section 8. Automobile. Employer agrees to reimburse Employee for his vehicle expenses when Employee is required to use his personal vehicle for city business, other than routine travel to and from work. Such reimbursement shall be at the rate of $ .20 per mile and shall in all other respects be made in accordance with established city policies and procedures. In the event Employee's personal vehicle is unavailable to transport Employee on city business, Employer shall provide a city vehicle for such purpose only, and not for use by Employee for routine travel to and from work. (oS/ - 4 - Section 9. Vacation. Effective upon assuming the position of City Attorney, Employee shall be credited with 15 days of vacation leave. Thereafter, Employee shall accrue, and have credited to his personal account, vacation at the rate of one and one-fourth days per month. Section 10. Sick Leave. Employee shall accrue sick leave under Employer's sick leave policy for department head level employees at the rate of one day per month. However, in the event Employee contracts a serious illness or suffers a serious injury, which would constitute a disability under Employer's disability income insurance plan for employees, then in that event, and upon certification to that effect by Employee's physician, Employee shall be entitled to special sick leave benefits as hereafter provided. Employee's special sick leave benefit shall entitle Employee to full pay during the period of Employee's disability, commencing upon the expiration of Employee's regular accrued sick leave and terminating upon Employee's eligibility for disability income payments. Section 11. Health, Disability and Life Insurance. A. Employer agrees to provide hospitalization, surgical, and comprehensive medical insurance for Employee and his dependents. Employer further agrees to provide disability income and life insurance for Employee. Life insurance shall be equal in amount to Employee's salary, and shall be increased at such time as Employee's salary is increased. Employer agrees to provide coverages and to pay premiums under such insurance policies equal to that which is provided to Administrative Employees of the City. B. In addition, Employer agrees to pay $300 of the annual premium of $607 on Employee's whole -life policy with Guardsman Life Insurance Company. Section 12. Dues and Subscriptions. Employer agrees to budget and pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer, including but not limited to the following: Iowa Municipal Attorneys Association; Iowa State Bar Association; Johnson County Bar Association; National Institute of Municipal Law Officers; American Bar Association. � ;z - 5 - Section 13. Continuing Legal Education and Professional Development. A. Employer hereby agrees to budget for and to pay the expenses of Employee for registration, materials, travel, lodging, and subsistence for attendance at seminars and meetings, the Employee's attendance at which is necessary in order that Employee meet the Continuing Legal Education requirements of all members of the Bar in Iowa, including but not limited to the Spring Conference and the Annual Conference of the National Institute of Municipal Law Officers and such conferences and seminars as are sponsored by the Iowa Municipal Attorney's Association. B. Professional Development. Employer also agrees to budget and to pay for the expenses of Employee for registration, materials, travel, lodging, and subsistence for attendance at short courses, institutes, and seminars that are necessary for his professional development and for the good of the Employer. Section 14. Indemnification. Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Attorney. Employer will compromise and settle any such claim or suit or pay the amount of any settlement or judgment rendered thereon. Section 15. Bonding. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 16. Other Terms and Conditions of Employment. A. The Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, or any other law. B. All provisions of the City Charter and the City Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to Employee as they would to other employees of Employer, in addition to the benefits enumerated specifically for the benefit of Employee as herein provided. �3 C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual. Section 17. No Reduction of Benefits. Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 18. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage pre -paid, addressed as follows: (1) EMPLOYER: Mayor Civic Center City of Iowa City Iowa City, Iowa 52240 (2) EMPLOYEE: City Attorney Civic Center City of Iowa City Iowa City, Iowa 52240 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 19. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing July 22, 1985. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. E. The employee shall reside within the City limits of Iowa City during his term of service as City Attorney. E Sx -7 - IN WITNESS WHEREOF, the City of Iowa City has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYER, CITY OF IOWA CITY, IOWA: Mayor Attest: 22�g4��,,) -A/-/. ""yam^ city Clerk EMPL E, TERRENCE L. INS: Subscribed and sworn to before me on this kg 74 day of uam g. 1985. KELLY& POWERS IR'COW=CbNM1551qNQ8ZES PNotary Publ' c seownbw 30.1986 kSS RESOLUTION NO. 85-206 RESOLUTION AUTHORIZING AMENDMENTS TO THE PROGRAM MANUAL AND DESIGNATED TARGET NEIGHBORHOODS FOR THE RENTAL REHABILITATION PROGRAM. WHEREAS, the City of Iowa City is the recipient of Rental Rehabilitation Grant funds from the U.S. Department of Housing and Urban Development, and WHEREAS, the City of Iowa City did, by Resolution No. 84-278 dated October 9, 1984, adopt a Program Manual and designate target neighborhoods for the Rental Rehabilitation Program, and WHEREAS the City of Iowa City desires to amend the Program Manual and target neighborhoods for the Rental Rehabilitation Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Program Manual for the City of Iowa City Rental Rehabilitation Program be amended to allow the rehabilitation of properties containing more than 11 dwelling units; provided, however, that a preference be given to the rehabilitation of properties containing 1-11 dwelling units. 2. That the amended target neighborhoods, as shown on the map attached hereto, be designated for the Rental Rehabilitation Program. 3. That copies of the aforesaid documents for the Rental Rehabilitation Program be made public and available for citizen review in the Office of the City Clerk and the Department of Planning and Program Development. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x —_ STRAIT x ZUBER Passed and approved this 18th day ATTEST: e CITY, CLERK June , 1985. Reeetved 3 Approved By The Legal ID�eepparrhhmnt ( �I T N IOWA CITY RENTAL REHABILITATION TARGET NEIGHBORHOODS ....... Expanded Areas RESOLUTION NO. 85-207 RESOLUTION SETTING PARKING RATES FOR OFF HOUR USAGE OF THE MUNICIPAL PARKING LOT. WHEREAS, Chapter 23, Article 7, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, Resolution 84-230 establishes parking permit rates, and WHEREAS, requests have been made to use the permit parking area in the Municipal Lot evenings and weekends, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: Effective June 19, 1985, the parking rates for parking in the Municipal Parking Lot after 5 PM Monday through Friday and all day Saturday and Sunday be set at $1.25 per parking space per day. It was moved by Ambrisco and seconded by Raker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO x BAKER x x DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER Passed and approved this 18th day of Jame 1985• Xee AO ATTEST: )2 4-.d -AV ;'�A i CITY CLERK F�_elved P, Approved �'r' Tb= L:e�a! De�earFmenf 6 12 gs' Res. 85-208 'Rewfution of (9munrenbution 011erexs, Mary Cohurrz submitted a resignation from the service of the City of Iowa City effective June 28, 1985 and Phereaa, the said Mary Cohurri, as an employee of the Police Dapartmarnt has given the City of Iowa City ovar 21 ye arsof dedicated service, from January 10 , 1964 , and Pherexs, the City Council wishes to commend the said Mary Cotburrn for said service. Fofu therefore be it �Wolbeb bg Sihe QHfp Council of 3ofoa CHU, 3olox: 1. That the City Council of Iowa City. Iowa hereby commends Mary Cohurri for meritorious service In the Po11ca Dapt. of the City over the years 2. That the City Council extends the gratitude of the City to the said Mary Coburn for her service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Mary Coburn . It was moved by Strait and seconded by Baker that the Resolu- tion be adopted. n ATTESTS y '/ CITY CLERK Passed and approved this 26th day o� June, 1985. RESOLUTION NO. 85-209 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 It was moved by Erdahl and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber X Passed and approved this 26th day of June , 19 85 Attest: Ci y Clerk CIGARETTE PERMITS: July 1, 1985 - June 30, 1986 June 18, 1985 Meets (Continued) 35-90 Bill's I-80 Conoco, Hwy 1 $ I-80 85-91 Copper Dollar, 211 Iowa Avenue 85-92 Deadwood, 6 S. Dubuque 85-93 Doc's Standard, 801 S. Riverside Drive 8S-94 Fitzpatrick's, S25 S. Dubuque 85-96 R. T. Grunts, 826 S. Clinton 85-97 Kitty Hawk, 800 S. Dubuque 85-99 Mama's, 5 S. Dubuque 85-100 Paul's Hardware, Hwy. 1 West 85-101 Rossie's Cafe, 329 S. Gilbert 85-102 Sanctuary, 405 S. Gilbert 85-103 Senor Pablos, 920 1st Avenue 85-104 6:20, 620 S. Madison 85-105 Sports Column, 12 S. Dubuque 85-107 VFW 3949, Hwy. 6 Bypass 85-108 Village Inn, 9 Sturgess Corner 85-109 Vine, 330 E. Prentiss 85-114 Vitosh Standard, 1905 Keokuk 85-143 Stonewall's, 127 Iowa Avenue 85-145 Golden Corral, 621 S. Riverside Drive 85-146 Hungry Hobo, 517 S. Riverside 85-149 Yacht Club, 1515 Mall Drive 8S-lS1 Coaches Corner Lounge, 1220 Highway 6 West 85-152 The Ground Round, 837 South Riverside Drive 85-154 Howard Johnson's, 1hY. 1 $ I-80 85-155 King Richard's, Sycamore -Mall 86-8 Magoo's, 206 N. Linn 86-9 Donutland, 817 S. Riverside Drive 86-10 Amelia Earhart, 223 E. Washington 86-11 Holiday Inn, 210 S. Dubuque 86-12 Hilltop Tavern, 1100 N. Dodge 85-138 Burger Palace, 121 Iowa Avenue 85-150 Ye Old Keg Shoppe, 1910 S. Gilbert Street June 26, 1985 Meeting 85-137 Russ' Super Standard, 305 N. Gilbert Street 85-52 Sheller Globe, 2500 Hwy. 6 East 85-53 Owens Brush Co., Lower Muscatine Road 85-119 Bob Bell's Standard, 2315 Muscatine Avenue 85-51 Mott's Drug Store, 19 S. Dubuque Street 85-141 Uncle Elmer;s Popcorn, 105 E. Burlington 85-112 East-West Oriental Foods, 61S Iowa Ave. .5�9 RESOLUTION N0. 8S-210 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1985 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City has received CDBG program income from the sale of a redevelopment parcel; and WHEREAS, the City of Iowa City wishes to allocate $2,000 in CDBG funds to the Elderly Services Agency to cover additional operating costs for the Shared Housing Program; and WHEREAS, the City of Iowa City desires to increase the Creekside Neighborhood sidewalk allocation by $4,000 in order to construct a sidewalk on a portion of "G" Street; and WHEREAS, the City of Iowa City wishes to allocate $50,000 in CDBG funds toward the renovation of the Domestic Violence Project Shelter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amendment to the 1985 Community Development Block Grant Program and Budget (more particularly described in Exhibit A hereof) is hereby authorized and approved. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER x DICKSON x ERDAHL x MCDONALD X STRAIT x ZUBER Passed and approved this 26th day of June , 1985. ATTEST: Rermh:td & Approved By Th-- Baal Depart . ent R G„pj-- .57d EXHIBIT A PROPOSED BUDGET AMENDMENT 1985 CDBG PROGRAM B -85 -MC -19-0009 JUNE 26, 1985 5-7/ AUTHORIZED PROPOSED PROJECT OR ACTIVITY BUDGET BUDGET (11 F2 84) General Program Administration $108,009 $108,009 Creekside Neighborhood Sidewalk Project $ 23,200 $ 27,200 Consolidated Services Facility for MECCA $ 50,000 $ 50,000 Goodwill Industries Renovation $205,335 $205,335 City Parks Accessibility $ 35,000 $ 35,000 North Market Square Handicapped Play Area $ 3,000 $ 3,000 Longfellow Playground Equipment $ 2,400 $ 2,400 Shared Housing/Program Continuation $ 15,000 $ 17,000 Handicare, Inc. Transportation Van $ 13,350 $ 13,350 Miller/Orchard Neighborhood Park Acquisition/Additional Funding $ 60,000 $ 60,000 Improved Handicapped Accessibility to Mark IV/Willowcreek Neighborhood Center $ 3,500 $ 3,500 Housing Rehabilitation and Weatherization $180,000 $180,000 Housing Modifications for Low -and Moderate -Income Fragile Elderly -Elderly Services Agency Project $ 2,500 $ 2,500 Rehabilitation of the Domestic Violence Project Shelter -0- $ 50,000 Contingency $ 55,706 $ 12,706 TOTAL 757,000 $770,000 SOURCES OF FUNDS 1985 CDBG Entitlement Grant $732,000 $732,000 Unobligated Balance - 1984 CDBG Budget $ 25,000 $ 25,000 Program Income - Disposition of Parcel A-1 $ -0- $ 13,000 TOTAL $757,000 $770,000 5-7/ RESOLUTION N0. 85-211 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH OUT OF DANGER, INC., d.b.a. DOMESTIC VIOLENCE PROJECT (DVP), FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO RENOVATE THE EMERGENCY SPOUSE ABUSE SHELTER WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended, (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist Out of Danger, Inc., d.b.a. Domestic Violence Project, in renovating the Emer- gency Spouse Abuse Shelter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Out of Danger, Inc., d.b.a. Domestic Violence Project, to renovate its emergency spouse abuse shelter. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 26th d ATTEST: CYJnL ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait x Zuber June 1985.985. IV G%%cet-C�,ciC (i:telved s� r4pprovW By ln^tega! aeaarttrM9nt 5 70L AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OUT OF DANGER, INC., d.b.a. DOMESTIC VIOLENCE PROJECT, FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION OF THE DOMESTIC VIOLENCE PROJECT SHELTER FOR VICTIMS OF SPOUSE ABUSE THIS AGREEMENT, entered into this .7 7 day of J u Al E , 1985, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and Out of Danger, Inc., d.b.a. Domestic Violence Project, a private non-profit entity (herein referred to as the "DVP"); WHEREAS, the City is the recipient of 1985 Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist the DVP in renovating its shelter for victims of spouse abuse; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART 1 I. PURPOSE AND SCOPE OF SERVICES: A. The DVP shall renovate its shelter in Iowa City, Iowa, in order to improve the facility in which emergency shelter for victims of spouse abuse is provided. B. The DVP shall provide residential facilities for persons affected by domestic violence for a minimum period of five (5) years from April 1, 1986. C. Development of architectural designs for said renovation shall be the responsibility of the DVP with written concurrence by the City. D. The City shall provide technical assistance regarding bidding procedures and awarding of contracts. All procedures shall be carried out according to HUD standards and shall be monitored by the City. E. Upon completion, the facility shall comply with HUD Section 8 Existing Housing Quality Standards, and with all applicable state and local building codes, and shall be used solely as an emergency shelter for persons seeking refuge from domestic violence; i.e., victims of spouse abuse. .5�3 PAGE 2 II. III TIME OF PERFORMANCE: The DVP will perform according to the following schedule: B. Basement 1. Program Element Deadline 1. Execute Contract for Rehabilitation September 30, 1985 2. Secure $12,500 in Private Funds October 31, 1985 3. Secure Additional $7,500 in $ 2,000 5. Private Funds December 31, 1985 4. Secure Additional $5,000 in 1. Handicapped Accessible Bedroom Private Funds February 28, 1986 5. Complete Rehabilitation March 31, 1986 6. Shelter in Operation following April 1, 1986 thru Kitchen/Dining Rehabilitation March 31, 1991 Private funds may be in cash or in-kind. This schedule is subject to change by mutual agreement of both parties, in writing. PROPOSED PROJECT BUDGET: A. Exterior Renovation 1. Wood Deck $ 1,500 2. Handicapped Accessible Ramp $ 1,100 B. Basement 1. Two Bedrooms $10,650 2. Closet/Storage $ 2,700 3. Playroom $ 1,050 4. Fire Exits $ 2,000 5. Laundry $ 1,800 C. First Floor 1. Handicapped Accessible Bedroom and Offices $10,950 2. Handicapped Accessible Bathroom $ 5,200 3. Kitchen/Dining $12,650 457T PAGE 3 IV. 4. Stairway $ 6,500 5. Structural Alterations $ 3,500 D. Second Floor 1. Laundry Room $ 3,750 2. Stairway $ 1,100 E. Design Services $ 1,500 F. Construction Documents Preparation $ 6,500 G. Construction Administration $ 1,600 H. Printing and Distribution of Project Plans $ 500 I. Miscellaneous $ 450 TOTAL $75,000 COMPENSATION AND METHOD OF PAYMENT: A. Conditions to Payments. The City agrees to make payments to the DVP hereunder upon receipt of architects' Certificates for Payment. Such payments shall be made no more often than twice monthly at the City's regular check issuance dates. After the City has made payments totaling $25,000, and as a condition precedent to further payments from the City, DVP shall demonstrate to the City that it has obtained cash or legally binding commitments for private funds totaling at least $12,500 to be used for the project. Further, after the City has made payments hereunder totaling $40,000, as a condition precedent to further payments from the City, DVP shall demonstrate to the City that it has obtained or has legally binding commitments for an additional $7,500 of private funds (i.e., in addition to the $12,500 referred to above) to be used for the project. In the event that the total project cost is less than $75,000, the City shall not require the DVP to furnish proof of private fund commitments for that amount by which the total project cost is less than $75,000. B. Terms of Payment. The City shall pay and the DVP agrees to accept in full the amount of fifty thousand dollars ($50,000) for performance under this Agreement, as follows: 1. Partial payments shall be made upon receipt of invoices for architectural services rendered. 57S PAGE 4 2. Further payments shall be made upon presentation of archi- tect's Certificates for Payment for applicable construction materials and supplies purchased or bills from the contractor for progress payments for renovation work completed, together with executed lien waivers covering all amounts to be paid. 3. The total of the above payments shall not exceed $50,000. 4. The project shall not be considered complete until after receipt of lien waivers covering all work and materials installed, issuance of a certificate of occupancy and DVP certification that all work has been completed to its satis- faction. V. TERMS AND CONDITIONS: A. The City shall assume no responsibility or liability for the maintenance, operation or program funding of the DVP shelter facility. B. The DVP shall, at its own expense, procure and maintain during the period of this Agreement, all-risk property damage and liability insurance to be effective as of the start of the project. Property damage coverage shall not be less than the current market value of the property, and liability coverage shall not be less than $100,000 bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. C. DVP shall not sell, assign, or transfer any legal or equitable interest in the property at any time prior to March 31, 1991, without written concurrence of the City. In the event that prior to March 31, 1991, the DVP elects to sell or otherwise transfer legal or equitable interest in the property or discontinue to provide shelter to victims of spouse abuse, the DVP shall pay to the City a pro rated share of the $50,000. The pro rated share shall be the balance remaining after deducting $833.33 from the original $50,000 for each month elapsed under this Agreement after April 1, 1986. D. Except as provided herein, the terms of this Agreement shall be from the date of execution through March 31, 1991. E. This Agreement is subject to and incorporates all other terms and conditions set forth in Part 2 of this Agreement. .S7` PAGE 5 PART 2 PERFORMANCE AND REPORTING: A. The DVP shall, in a manner satisfactory to the City, maintain an ongoing program of services for victims of spouse abuse at the property to be renovated under this Agreement until at least March 31, 1991. B. The DVP shall direct all correspondence concerning this Agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. C. The DVP shall submit monthly reports describing the progress of the renovation activities to the Program Coordinator's office by the 15th day of each month until the completion of all renovation and expenditure of all CDBG funds disbursed under this Agreement. D. Upon completion of the renovation project, the DVP shall submit quarterly reports by the 20th day of February, May, August and November of each contract year. Quarterly reports shall include statistics pertaining to the number and county of residence of persons assisted at the shelter. In addition, an audited annual report which meets the specifications set forth in Attachment P of OMB Circular A-102, "Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments," and which discloses the expenditure of CDBG funds allocated for the renovation of this shelter facility shall be submitted by July 31, 1986. No report- ing requirements shall extend beyond March 31, 1991. E. Not later than April 30, 1986, the DVP shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. OTHER REPORTS. AUDITS. AND INSPECTIONS: A. The DVP shall promptly furnish the City or HUD with such state- ments, records, data, and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, at any time during normal business hours, the DVP shall make available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of the DVP's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. The DVP shall retain financial records, supporting documents, statistical records, and all other records pertaining to expendi- tures under this Agreement for a period of three (3) years from the termination of this Agreement. ,6-',7 PAGE 6 D. The DVP shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving assistance at the spouse abuse shelter. The DVP also agrees to abide by all applicable State and federal laws pertaining to domestic and/or child abuse information. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment P (Audits Requirements) of OMB Circular A-102, Attachment 0 (Procurement Standards) of OMB Circular A-110, and OMB Circular A-122 (Cost Principles for Non-profit Organizations) shall apply to the use of funds disbursed under this Agreement. The City shall provide the DVP with copies of said OMB Circulars, and the DVP hereby acknowledges receipt of said Circulars. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the emergency spouse abuse shelter on the basis of age, race, color, national origin, sex, marital status, sexual orientation, or disabil- ity. All current and prospective occupants must, however, meet and maintain the occupancy rules and provisions of the DVP program to be admitted and continue in occupancy. Reasonable fees may be charged for the use of the shelter, but charges which will have the effect of precluding low- and moderate -income persons from using the shelter shall not be permitted. V. EQUAL EMPLOYMENT OPPORTUNITY: The DVP certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the DVP shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity state- ments. VI. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: The DVP shall assist the City in complying with all applicable envi- ronmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: The DVP shall comply with requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they apply to the performance of this Agreement. 5700 PAGE 7 VIII. TERMINATION OF CONTRACT FOR CAUSE: If the DVP fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the DVP violates any of the terms, agreements, or stipulations of this Agreement, the City shall there- upon have the right to terminate this Agreement by giving written notice to the DVP of such termination, specifying the default or defaults, and stating that this Agreement will be terminated 30 days after the giving of such notice unless such default or defaults, are remedied within such grace period. In the event of such termination, the DVP shall promptly repay the City the full amount of $50,000 or the portion of such amount which has been paid to DVP prior to such termination. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share of part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement. INTEREST OF THE DVP: The DVP covenants that it personally has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this Agreement. The DVP further covenants that in the perform- ance of this Agreement, no person having such interest shall be employed by the DVP. XI. ASSIGNABILITY: The DVP shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written approval of the City. XII. HOLD HARMLESS PROVISION: The DVP shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this Agreement. XIII. LIMITATION OF CITY LIABILITY: DISCLAIMER OF RELATIONSHIPS: The City shall not be liable to DVP, or to any party, for completion of or failure to complete any activities which are part of the project. Nothing contained in this Agreement, nor any act or omission ��9 PAGE 8 of the City, DVP or any employee or agent of the parties, shall be deemed or construed by any of the parties, or by any third persons, to create any relationship of third -party beneficiary, principal and agent, limited or general partnership, or joint venture, or of any association or relationship involving the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 2qi-L day of �.,ne_ 1985. CITY OF IOWA CITY OUT OF DANGER, INC., d.b.a. Domestic Violence Project 8y Az& 4a"t' 'Peel ;&wk, Qoowd a DIrGC4ely WITNESS: 3,1.ne55 Cen rz�.mIo� ,,,es{,� Vie fence_ Prvccc4- Recelved & Approved By Th Legal Depa en} b zu kf" JCL✓ nf` ' RESOLUTION NO. 85-212 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SUBMISSION OF AN APPLICATION TO THE IOWA OFFICE FOR PLANNING AND PROGRAM- MING FOR AN IOWA COMMUNITY DEVELOPMENT LOAN. WHEREAS, the Iowa Community Development Loan (ICDL) program provides no -interest loans to cities to promote economic development and create long-term employment opportunities, and WHEREAS, Economy Advertising Company is seeking a loan for $200,000 to construct a new building in Iowa City for location of its business, and WHEREAS, Iowa City's adopted policies are to promote the maintenance and expansion of industry for the retention and creation of job opportunities, particularly for women and minorities and to promote the public health, safety, morals and general welfare, and WHEREAS, the development proposed by Economy Advertising Company is consistent with all of these policies, and WHEREAS, the City will match the funding from the Iowa Community Development Loan Program with Economy Advertising Company's other expenditures on the construction project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,. THAT: The Mayor is hereby authorized to sign and the City Clerk to attest: 1. The submission of an application to the Office for Planning and Programming for an Iowa Community DevelopmentJoan in the amount of $200,000. 2. Any such documentation as may be required to obtain adequate security from the Economy Advertising Company for the loan. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 26th day f June 1985. vn❑ ATTEST: Racelvscl & Approved $y Tj'w Legal Deparlmenl 10-85 �•( �J .571 RESOLUTION NO. 85-213 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF FY86 LANDFILL EXCAVATION PROJECT WHEREAS, —A has submitted the be above-named project. construction o IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Armstrong Company of Ames. Iowa subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Ambrisco and seconded by Dickson the resolution as read be adopted, and upon roll call there were. AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber that Passed and approved this 26th day of June , 1985 . ATTEST: , �o„J 7 CITY CLERK Cece'.v_-d & Approved 3Y jix Deoartmenl 5702- RESOLUTION NO. 85-214 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE nUB11q"F 4TRFFT PARKING RAMR EXPANSION PROJECT WHEREAS, Max Selzer Ca has submitted the best bid o above-named project. construction 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 Max Selzer Construction Company subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Erdahl and seconded by Ambrisco the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl - X McDonald X Strait — E Zuber Passed and approved this 26th day of ATTEST:�JQ, A, 0 _71r „AJ CITY CLERK June , 19 85. 11VAT.11 tha t Received $ Approved BY The —L09:l�►J arnnent �3 RESOLUTION NO. 8S-215 RESOLUTION AMENDING A POSITION IN THE ADMINISTRATIVE CLASSIFICATION PLAN WHEREAS, Resolution NO. 85-127 adopted by the City Council on May 7, 1985, established a classification/compensation plan for Administrative em- ployees, and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Administrative classification plan be amended by moving the position of Assistant Superintendent - Streets from Grade B to Grade C. It was moved by Erdahl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES NAYS Passed and approved this 26th day of ABSENT: _ AMBRISCO _ BAKER _ DICKSON _ ERDAHL _ MCDONALD STRAIT x ZUBER Jame 1985. MAYOR Reeehed & Approved 6y The Legal Dep,r,ier� 4/C.Lf 5Of RESOLUTION NO. 85-216 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR OFFICE SPACE WITH CENTER CITY PROPERTIES WHEREAS, the City of Iowa City, Iowa, has submitted a letter of intent, copy attached, to negotiate a lease with Center City Properties, and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said lease for the rental of approximately 2,400 square feet at the First Federal Building, 3rd Floor, corner of College and Clinton Streets, at the rate of $7.00 per square foot of office space and $2.00 per square foot common space subject to market increases annually, for a two year contract from July 1, 1985 through June 30, 1987, with an option to extend for one year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the City Manager and City Clerk are hereby authorized and directed to execute a lease with Center City Properties, containing terms and conditions in accordance with this resolution, and such other terms and conditions as may be approved by the City Attorney or an Assistant City Attorney. 2. That the City Clerk shall furnish copies of said lease to any citizen requesting same. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Baker x Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 26th day of June 1985. nvno ATTEST: Received 8. Approved Sy The Legal De a meM ✓res IOWA STATE ELL ASSOCIATION --'---- Official Fede NO. 30 .1 1141 LEGAL ..CT or TNS use OF THIS FOYM CONSULT YOUR LAWYER hIE LEASE -BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this 2 day of July 19--a. by and between Center City Properties a Partnership - ' • `' " iv I V thereinafter called the ••Landlord'l whose address for the purpose of this lease Is"? Iowa City 114Y ISrnet end Number) (Lfy) Iowa and The Citv Pf Iowa City, a municipality (St.,.) Rip Cade) thereinafter called the "Tenant") whose address for the purpose of this lease is 410 East Washington Iowa City Iowa (Street end Numb,,) (eiry) 52240 WITNESSETH THAT: (stb) Rb Code" 1. PREMISES AND TERM. Th. Landlord, in cmmideration of the m.h herein reserved and of the agreements and conditions here. in contained, an the pad of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby renes and leases from Land- lord, according to the terms and provisions herein. Ne follawi.g described nal .slate, ,ituefad in Iowa City, Johnson county. low., to wit: Suite 300 in the Savings and Loan Building, located at the corner of College and Clinton Streets in Iowa City, Iowa, containing 2,806 square feet. with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as may be shown on "6hibit A", if and as may be attached hereto. for a term o! two yea-, cemmeaelse at mid. dghf of the day previous to the first day of the lease farm, which shall be o. fbe 1st day of July 19-8.5— sed .mall., .f mld.lghe an the last day of the I.... farm, which shall be .e the 30th day of June 1931, upon the condition that the Tenant pays rent Itomfor, and othermse performs as in this lease provided. 1. RENTAL. Tenant agrees to pay m Landlord as Metal for sold form, as fallow.: s 1.636.83 per ma.tY, ie advance, Ne first reef payment becomleg due Span Strike 1.1 5a neculloe of this Ina.: or on OX"XXXXXXXXXXXXiOlKXXXXXXXXXXXXXXXXXA%XXXW sed He same oma -of. per mesth, le advance, as the 1st day of each month thereafter, during the form of this lease. In addition to the above monthly red.. Tenant shall also pay: a common area maintenance charge of $467.67 per month payable on the first day of each month during the term of this lease and any annual increase in the common area maintenance charge as set out in paragraph 27 below. All mm" Act be paid at the add.,, of Landlord, az above designated, or at such other place in los.., or elsewhere, es the Landlord me, from time to timepreviously designate in writing. Delinquent payments shall draw interest atXgL_12__/6 per annum from the due date, until paid. J. POSSESSION. Tenant shall be anfifl.d t.....anion on the Pint day of the term of this lease. and shall Id 11 ossession ba the Landlord at the time end deb of the close of this lease form, except as herein otherwise express) provided. Sho.ld Landlord be w able to give len ae said date, Tenant's only dame y e I 9 Pessm y qts shall be v mbaRln9 e1 the pia rete rental. 4. USE OF'REMISES, Tenanf cZi7n its and egress dudnq the term of thio lease fie -Sc. end to occupy the leased premims only for its Public Works Administration and Engineering Servicoffices Far restrictions on such use, we paragraphs 6(c), 6 Id) and II (b) below. 6. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is ownership of the fee title n ihh I o Shall m us paying r ran,n .. one pe o g ettagreements by theLenart to be performed ez pvided y peaceably have, hold and enjoy thedemised promises f r the term f this lease free from olestation, eviction or d'ubrbenca by the Landlord or any other persons or legal entity whatsoever. (But see paragraph 14, below.) Landlord, shall have the right to mortgage all of as right, title, interest in said premises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. () T .... t f.Ees sold premises le their Present ...title. vacant for such Ivanhoe and alterations as may be expressly hemin provided. a. Landlord agrees to repair the water damaged office on the southwest corner. b. Landlord agrees to provide 220 electrical line, but Tenant agrees to provide adapter. c. Landlord agrees to touch up the paint throughout the suite. d. Landlord agrees to remove cork from northwest office wall, fire damage smell, e. Landlord agrees to thoroughly clean office areas including drapes. Yee Cement January, fell (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, structural ped of the Roe, wells and other shuc- tural path of the building in uncut .epert. (Q TENANT'S DUTY OF CARE AND MAINTENANCE. Tena" shell, atter faking passmsto. of mid ,tarok.. and until the t this lease and the acmel removal from the promises. at it, awn erspanse, cam for and maintain said promises in a reasonably I. er condition, except for structural purls of the building. Tet eat will furnish its own inferior and exterior decorating. Tenant will not sw said orom,sm to ba damaged or deereciefed in value by any act or negligence of the foram, its .,an" or employee . WK% Tenant Ogre.. to keep factors dosed so es to ears, is any of fhe wafer. acs or waste Diem. it, own (d) Tenant will make no unlawful use of said premises and agrees in comply with all valid regulations of the Board of Health. City narces r applicable municipality, the lows of the State of Iowa and the Federal government. but this provided shall not be coartmed as creating any duty by Tenant to members of the general public If Tenant, by Me firms of this lees. ix leasing promises on the ground floor, if will not allow fresh of any kind to accumulate on said premises in the hells, if any, or the alley or yard in front, side or near thereof. and if will remove same from the premises at Its own expanse. Tenant also agrees to remove snow and ice and Other obstacles from the sidewalk an r abutting the promises. if premises include the ground Beer, and if this lease may be fairly construed to impwe such liability on the Tenant. farm of this lease. shell for use of fele. (b) AIR CONDITIONING equipment shall be furnished at the axpense of Landlord end maintenance thereof of (Landlord .,Tenant( the expense of Landlord (Landlord or Tenant) (c) JANITOR SERVICE shell be furnished at fire expense of Landlord lnord o. Tenant) (d) HEATING shall be furnished of the mmmo of Landl ord (Landlord or Tenant) S. (e) SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenant agrees that upon fire termination of this lease, if will surrender, yield up and deliver the leased premises in good and clean condition, except list effects of ordinary weer and fear and depreciation arising from lapse of time. or damage without fault or liability of Tenant. IS.. also I1(a) and It (e) below] (b) Tenant may, at the expiration of the term of this lease. Or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remeve any fixtures or equipment which said Tenant hes unrolled in the Intend promises, providing said Tenant repairs any and all damages eeumd by removal. (c) HOLDING OYER. Continued possession, beyond the expiratory date of the term of this lease. by the Tenant coupled with the receipt of the specified rental by the Landlord land absent a written agreement by both moles for an extension of this lease, or for a now lease) shell constitute a month in month extension Of this lease. (d) Renewal option. Provided Tenant is not in default, Landlord grants to Tenant the option to renew this lease for one year upon the same conditions as this lease, provided Tenant gives written gQt'�e�sgf�bt�diV2t PtSX8z��]�O option 9. ASSIGNMENT AND SUBLETTING. Any assignment of its is Lease tr suKl q eYMe I,remises or anY t9 IM - .0 the Landlord', written para l.. shall. at the .,floe of the Lvndlord, make the Webs] far Me Wood. of the lease farm due and payable at once. Such written permission shall not be unreasonably withheld. 10, (a) ALL REAL ESTATE TAXES, s pt y be otherwise expressly provided in this paragraph 10, levied or assessed by law- ful utlnrdy (but t... onebly presemino Leo r 's rleft, Of ppeell n'to said reel properly shell be finely paid by the parties m the fallowing propornos: b; Landlord %; by Tenant %. (b) Inc es ,n such fexcept a ,n the next paragraph provided, above the amount paid during the base year of (base year if end as may be defined in this paragraph) shall be paid by Landlord, lflfl %: by Tenant (—%. (c) Increase in such taxes caused by improvements of Tenant shall be paid by Landlord 100 %T by Tenant 1) %- ld)u PERSONAL PROPERTY TAXES. Tenant agmen to timely pay all faxes. assessments or offer public charges levied r assess d by lowfu ty, (but tea onobly pm erving Tenant's rights of appeal) against its personal property on the promises, during the form of this lease. (e) SFECIAL ASSESSMENTS. Special assossmanfs shall be timely paid by the padies in the following propadiom: 6y the Landlord 100 %i by theT.naat 0 %. 11. INSURANCE. (e) Landlord and Tana of will each keep its respective properly interests in the premises and its liability in _ _, .a.. a :.... .........61., d.,,...A .nan.f h .... d..nd enc„elfieo fhnf is (ir, and those dams usue (b) Tenant will not do or omit the doing of any act which would rnlmte any insurance o increase theinsurance rates in force upon the w nal estate improvements on the o sex or sen any personal property of on Tenant upon which the Landlord by law or by the terms of this lease, hes or shall have . [ransom Id Subragafion rights are at to be waived ..less a spostal pra,,Wcos is ."ached I. this Isase. (d) Tenant further agrees to comply, with recommendations Of Iowa 1—mance Service Bureau and to be liable for and to promptly pay, as if current rental, any ininsurance rotas said Ora nism as d on the building of which said premix era a pad, due to increased risks or Ka—ds rexu Ling from a Ter-fsu a of fse premises Otherwise then as herein contemplated and agreed. (e) INSURANCE PROCEEDS. Landlord shell settle and adlusf any claim against any insurance company under its said politic of mis co for the prees. and said in s shall b, paid to and held by the Landlord to be used in payment for cost of repairs at restoration of damaged building. if the destructionisonly pallial. IS.. also II(a). above] 12) �� w 12. INDEMNITY AND LIABILITY INSURANCE. Ecu pt as to any negligence of the Landlord, arpslag out of roof and structural pans of the building, Tenant will prefect, indemnify and save harmless the Landlord from and against any and all Ion. costs, damage and expenses occasioned by, ora sing out of, any accident c cater occurrence causing e inflicting mage inj ry and/.r dato any Person or pr party, h peening a deal in, upon o .beef the leased premises.or due directly or or to Me tenancy, use a, occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The Tenant further appointment and agrees that it will at its own ..pens. procure and mainfn;ri casualty and Iiaj insurance in a responsible company .r companies authorized to do business in the State of leave in amounts not leu than $100,000 for any one Pennon injured, and $500,000 for anvM accident and with the limit pf $15,000 for Perri arty damage, protecting the Landlord against suchhron. damages, costs or expenses onc nt of injury to any person r persona. 'H or o any property belonging to any person or persons. by reason of such casualty, accident or other happening on or about the demised i pram,es during the term thereof. C -v°—'-- p g EE1 FIST is. As to insurance of the Landlord for roof and zhactural fault, paregrepM1 Il e) above. 1). FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the event of a partial dpsfree{len am dem age of the leased promises. which is a business Interference that is re which pvent mm the conducting of a n ol business op ratlOn and which damage is during the rf are ebf m h in slyly it,, aft. its occurrence, this lease shall not terminate but the rent for the leased promises shall abet g p e n p on of partial correction. Landlord shall repair rush damages r1Nl. 60 dot. a} Itsrte unless prevented from o doing by act of God. the elements, the public elect, strikes, riot, eeficen, gov ram ant legislations.city orals antes, labor, malarial or transportation shortages, or other causes beyond Land. lard's reasonable central. Ib) ZONING. Should the selling media ... a of the sity or rnunieiprAty ;a which this property is located. make ;f impossible for Landlord. using diligent and timely effort to cattle necessary permits and to repair and/or rebuild so that Teoonf iz not able to spades, itsusin bess .a these prem..o s, then such p ,lial destruction shall be treated as a total destructors as in the rte., paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises Including the Fork. lag area (if a parking area is a pan of the subject matter of this lease) so that Tenant is not able to conduct its business an the premises or the tF n ant99.I u o far which the sanctions e being u o and which damages gea notbe repaired within an 160 days this lease may be terminated at the option rofeither the Landlord r Tenant. t. Su h terminationin h event hall b effected by written notice of one party to the ether, within twenty (20) days after such destruction. Tenant shahs .render possession within ten (10) days after uch tics ssu and each party shell be released from all future obligations hereunder. Tenant paying rental pro to only to the datais r n rush destruction. In the event of sell, fe,mi-tion of this leasem . Landlord of its opflpn. ay rebuild .r not. accordrag to its can wishes and needs. 15. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the d rrsed prem os be condemned o taken by a competent euth my far anv Public a, p a,i publicr pulsate,ash part, shelf be retitled to retain, s its ow t coy ward payable to it. Ori the event that a single entire award �i concertmaster, ado on account of ,heconcertmaster, each party will then be an. Pitied to fake such proportion of said award a may be fair and reasonable. (b) DATE OFLEASE TERMINATION, If the whole of the dembed premises shall be so ce ce,nned.r taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved az in paragraph (alai shows. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (.1 TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shell terminate upon a phelon of the demised term: or if this lease expressly and in writing provides for any option options and if or, such option is eerc and by the Tenant, then ,bis lease will terminate at the expiration of the option termr terms. Upon default in payment of reafal herein or upon any other default he Tenant in accordance with the terms and provisions of this lees.. ,his lease may of the an Too of the landlord be cancelled and forfeited. PROVIDED, HOWEVER, before any such cancellation and for- fefure except as provided in 1516) below, Landlord shall give Tenant a written notice specifying ,he default, or defaults. and stating that thin lease will b. cancelled and forfeited ten 1101 days offer the 9 .Ing of such raises unless such default. or defaults, pre mediad afire such grace period. (See paragraph 22, below.) As on scailioral'.pti.nal procedure or as .n alternative to the f.ruc,mc, I land neither exclusive of the other) Landlord may proceed as in paragraph 21, below,. provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant Is adjudicated a bankrupt or in the event of . judicial rale or Cher transfer of Tenant a leezehold interest by reason by any bankruptcy on avoluency proceedings or by other operation of Is. but net by death and such bankruptcyjudicial sale .r transfer has not been vacated or se, aside within ten 110) days from the giving of noticeHereof by Landlord to Tenant :hen and in any such exerts Landlord may, at its option immediately terminate this leasereenter said Premhes. upon giving .f fen 1101 days wrdfen notice by Landlord to Tenant. all ,o the extent permitted by applicable le w. (c) to fall and 161 oboes smear as fo any defaob shall not constitute a v.a ver of on, subsequent default or defaults. ldl Acceptance of keys, edsmaremg and in senting by the Landlord upon the Tenant's default shall be construed only as an effort to miti- gate damages by the Landlord, and not as an agreement to terminate this lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shell be made by either perry, in the p.,F.rmarcc of, or compfenc will, ny of the terms, cow n n. o conditions of this lease, and such default hall have continued for thirty 130) days after written tho thereof from one party is the otf the person aggrieved. in addition to all other remedies now or hereafter provided by low, may, but need not, perform such term, cavemen# or condition, or make good such default and any amount advanced shall be repaid fcnb.;th on demand, together with interest at the rate of 9 _% par annum, from date of advance. j (b) Landlord during the lest ninety (90) days of this lease, or extension shell Favre the right to maintain in the windows or on the build. i ircthe prentime either or both a "For Rent " or "For Sale " sign and Tenant will Permits at sent fima, prospective tenants or buyers to e ed ea examine the pre os. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have fha right to file or place any mo hanic's lien or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement there on. or upon the leasehold iateroat of the Tenant therein, and notice is hereby given that n contractor. subconhac+or, or anyone else who may famish any materials a r labor for any holding,v rmpro emenfs. allocation, repave pr any pan thereof, shall at any time be or became untitled to any lien fha. and for theufurther security , the may rd, the Tenant c nNs and notice ,consent to any end all as end subomranors who may fu rn isF o ag.ee to furnish any nucha mete: el�emca for labar.the.eof it 19. LANDLORD'S LIEN AND SECURITY INTEREST, la) Said Landlord shell have. in addifcn to fire lien given by law, a security Interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions themfor, kept and used on said promises by Tenant. Landlord may proceed of law n equity with any remedy provided bylaw or by this base for the recovery of rant, or for termination of this lease because of Tenant's default in its performance. (b) SPOUSE. If spouse is not e Tenant, then the execution of this instrument by the spouse shell be for the sole purposeof sealing a security interest on peronal. property and waiving rights of homestead, rights of distributive share. and exemptions. t 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. (a) The Tenant shall have the righfrom time to time, during the term of this lease, im renewal thereof. to sell ar otherwise dispose of any personal property of the Tenant situated on the said demised premises, when in the judgment of the Tenant ;t shall have become obsolete, outworn or unnecessary in connection with the operation of the business an said promises; provided, however, that the Tenant shall. in such instance )unless no substituted article or item is necessary) at it cam eapane, substitute Fen such dams of personal property so sold or otherwise disposed of. a new or other item in subsfifuhmi thereof, in file or greateraalues and adapted to the affixed operation of the business upon the decisions! premimz. (b) Nothing herein contained shall be connmad as denying to Tenant the right to dispose of inwanf.r;ed merchandise in the ordinary course of the Tenant's trade or business. ear ar, any m.,... wm.v. 1 -ass,..... .. ....., room ow r... new e,. ... as...... Sys 21. RIGHTS CUMULATIVE. The variou's rights. powers, oPel.a, elceiots and ram ad les of Sither parry, mav;d" in This leas. shell be essarchi asca mulative end n e of them s exclusives of the other xcluv a of any rights, meds r priorities allowed eifh.r Ferry by law, ad shall in way affect a impair the right of either party to pvn nue any other equitable or legal remedy to wtdch oUhrr party may be ennNed as long as any default remains .n any way exten ed. umahsfed or undischarged. 22. NOTICES AND DEMANDS. NaHces as r.aid.d for la this lease 'bull be given Ie the re'p.cNve parties hereto a1 the respective addresses desgnefed on page one of this lease unless either party notifies the other, n .dune, of a ddforent edd,ess. Wifh. ounpnudlce to any other method of n tifying party In wrifinq o m king a demand or other comma elion, such m stage shall ba m given under the terms of This notifying when sent, addressed as above deagoeted, peslage preped �by registered or certified mail, return receipt requested, by the United State moil and so deposited in a United Steles mal box. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS. ETC. Each and every covenant and agreement herein can. tasted shall extend toe d be binding upon the impactive successors. heirs, administrators, axecutors and assign. of the pallia hereto; except rhe' if any part of this lease rs held m joint tenancy, the successor in i.,are,, shell be Poe wryrvm, joint tenant. 24. CHANGES TO BE 1N WRITING. Nona f the cohnsoants. provisions, terms or candiji„ns of !hs lease to be kept or performed by Landlord or Tenant shell be in any mentor modified, waived or abandoned. except by a written instrument duly signed by the parries .rad delivered to the Landlord and Tenant This lease ...tale' the whole agreement of He partleA 25. RELEASE OF DOWER. Spouse of Landlord,'.peers he a party Signatory to this lease solely for the purpose of releasing dower, or distributive sham, unless said spouse h also a no owner of an interest in the leased pnmkes. 26. CONSTRUCTION. Words and phrases hemin. including acknowledgment Ferrel, shell be construed as in Me singular or plural number, and as masculine. feminine or neuter gander according to the context. 27. Both parties agree that Landlord may increase the common area maintenance Ex fee annuallyko reflect the actual increases in the cost of maintenance. The calendar year January 1, 1984 to December 31, 1984 will be used as the base year for purposes of determining increases in the common area maintenance fee. . u} AQ ba n,N.N OF Each Sr J .�eael )Pade year IN WITNESS WNFREOF, the pe dies \U�R,t,JolI ^^trey. doly executed this lease in duplicate the day and year first above written. Z Y� On this day of A. D. 19_. befom me the undorsignod a Note, Public in and for said County and State, personally appeared end SZ war. to me personally known, who being by me duly sworn, did say that they are the endespectively, of said corporate cut oq Me within and foregoing instrument that Ino seal las been procured by the said) corporation; that id instrument was signed land violent can varear-relfhe seal affixed thereto a the seat of said) .... .> a behalf c' said corporation by authority of its Board of Directors. and list the said and —Such Ty it and by them omep knowirdgad the execution of aid instrument to be the voluntary act and dead of said wrpe.elkn voles nte.ny .,oewad, (SEAL) Notary Public in and for said County and State FIDUCIARY STATE OF COUNTY OF 55. On this day of A. D. Iv. their ra me, the undersigned, a Notary Public in e -d nor said Count, in said Slateper onall, appeared as Execumr of the Estate of . Deceased, to me mown to be the identical person named in and who e.ecu ed the vaga'eq instrument end acknowledged Aal_he executed the Sema as the voluntary act and deed of 6im,elf and of such fiduciary. SEAL) _..._ Notary Public in end for ,aid County and State PARTNER STATE OF COu::'y OF i55. Oo he day of A. D. 19_, bdom me. Ilia undervgn-d, a Notary Public in and for said County and State personalty appeared and to me personally known, who, being by me duly seem, did say that he is fhey are) mashed s) of the Pad.ershtp notatinrtw g the 'thin and foregoing instrument and acknowledged that (he) nney) executed the Same as the voluntary, act and deed of ,aid oo-papn]'Iby ]him) (them] end by said partnership voluntarily executed. For ecknowleclgni as a corporate fiduciary see obverse side of Court Officer Deed Official Form No. 101. Notary Public in and !or said County and *Pe/ved A Approved 141 By The Lm -al Depathn it r YY 5�� CENTER CITY PRO/PERTI�ES LANDLORD'S SPOUSE �� lK UNDLOIID (Be. BY; PARTNER paragraph 251 TENAWS SPOUSE LSa paragraph 111611 INDIVIDUAL IOWA pararSTATE OF COUNTY OF Johnson 55. On g� City Manager City of Iowa City TENANT sonoso this d y f 19 before me, the undersigne4, a Notary Public in and for said Ca and N e.,... — s Stele, personally appa-7{ 1 aad fo me ponone y known fo be the idenfi el pereaa aif-, p d in and who executed the within and foregoing instrument, and a cka.wledged fhe t executed the some as their voluntary, act end deed. (SEALI // pS . . Notary Public in and for said county and State CORPORATION. STATE OF COUNTY OF SB. On this day of A. D. 19_. befom me the undorsignod a Note, Public in and for said County and State, personally appeared end SZ war. to me personally known, who being by me duly sworn, did say that they are the endespectively, of said corporate cut oq Me within and foregoing instrument that Ino seal las been procured by the said) corporation; that id instrument was signed land violent can varear-relfhe seal affixed thereto a the seat of said) .... .> a behalf c' said corporation by authority of its Board of Directors. and list the said and —Such Ty it and by them omep knowirdgad the execution of aid instrument to be the voluntary act and dead of said wrpe.elkn voles nte.ny .,oewad, (SEAL) Notary Public in and for said County and State FIDUCIARY STATE OF COUNTY OF 55. On this day of A. D. Iv. their ra me, the undersigned, a Notary Public in e -d nor said Count, in said Slateper onall, appeared as Execumr of the Estate of . Deceased, to me mown to be the identical person named in and who e.ecu ed the vaga'eq instrument end acknowledged Aal_he executed the Sema as the voluntary act and deed of 6im,elf and of such fiduciary. SEAL) _..._ Notary Public in end for ,aid County and State PARTNER STATE OF COu::'y OF i55. Oo he day of A. D. 19_, bdom me. Ilia undervgn-d, a Notary Public in and for said County and State personalty appeared and to me personally known, who, being by me duly seem, did say that he is fhey are) mashed s) of the Pad.ershtp notatinrtw g the 'thin and foregoing instrument and acknowledged that (he) nney) executed the Same as the voluntary, act and deed of ,aid oo-papn]'Iby ]him) (them] end by said partnership voluntarily executed. For ecknowleclgni as a corporate fiduciary see obverse side of Court Officer Deed Official Form No. 101. Notary Public in and !or said County and *Pe/ved A Approved 141 By The Lm -al Depathn it r YY 5�� CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-500 June 25, 1985 Center City Properties c/oCarol Barker Scheuerman-Richardson Inc. 510 S. Clinton Street Iowa City, Iowa 52240 Dear Center City Properties: The City of Iowa City is interested in negotiating a lease, pending City Council approval on Wednesday, June 26, 1985, for approximately 2400 square feet of office space in the First Federal Building on the corner of Clinton and College Streets. The contract would cover a two year period from July 1, 1985, through June 30, 1987, with an option to extend for one additional year. The rate would be at $7.00 per square foot office space and $2.00 per square foot common area. The price of the common area is subject to annual market increases. The following repairs would need to be made in order for the Public Works Administration and Engineering Services offices to be able to move in beginning July 8, 1985. 1. Repair water damaged office on southwest corner. 2. Provide 220 electrical line - City to provide adapter. 3. Touch up paint throughout. 4. Remove cork from northwest office wall, fire damage smell. 5. Thoroughly clean office areas including drapes. If this proposal meets with your agreement, please contact Catharine W. Eisenhofer, Purchasing Agent (356-5075), in order for a lease agreement to be finalized. Sincerely yours, Neal G. Berlin City Manager ce/sp .514 RESOLUTION NO. 8S-217 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: List attached. It was moved by Strait and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 16th 19 85 Attest: , // ll City Clerk day of July , CIGARETTE PERMITS: July 1, 1985 - June 30, 1986 July 16, 1985 85-38 Hamburg Inn No. 2, 214 N. Linn 85-50 Comer's Pipe $ Tobacco, Old Capitol Center SS -117 Crow's Nest Inc., 313 S. Dubuque Street 85-120 Mall Mobil Service Center, Sycamore Mall 85-131 Quadrangle - Residence Service, University of Iowa 85-132 Burge Hall - Residence Service, University of Iowa 85-133 Vending - Residence Service, University of Iowa 85-134 Hillcrest - Residence Service, University of Iowa 85-147 The Third Coast, 1262 E. Washington 86-13 Needs, Inc. 18 S. Clinton 85-139 Gringo's, 11S E. College Street 85-115 Gas Company Inn, 2300 Muscatine Avenue 85-46 Loyal Order of Moose, Iowa City Lodge #1096, P.O. Box 26 86-14 Tycoon I.C., 223 E. Washington P.O. Box 8761 86-15 Hollywood's, 1134 S. Gilbert Street S�� RESOLUTION NO. 85-218 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 or liquor control license, to wit: The Field House, 111 E. College 6:20, 620 South Madison It was moved by Strait and seconded by Ambrisco that the Resolution as read e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 16th day of July 19 85 . Attest: .j5r g9 RESOLUTION NO. 85-219 RESOLUTION.ACCEPTING THE WORK FOR BURLIN(;ION STREET CONCRETE REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Burlington Street Concrete Repair Project as included in a contract between the City of Iowa City and Metro Pavers Inc. of Iowa City, Iowa dated May 9, 1985 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald R Strait X Zuber Passed and approved this 16 ATTEST: A422ar)le,(�L,.2 CITY CLERK By Th3 was :.._c. A RESOLUTION NO. 85-220 RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED ALLEY RIGHT-OF-WAY ABUTTING LOT 12, BLOCK 1, MANVILLE HEIGHTS ADDITION. WHEREAS, in June, 1968, the City of Iowa City did vacate said alley right- of-way located adjacent to Lot 12, Block 1, Manville Heights Addition which is legally described as: Beginning at the northeast corner of Lot 12, Block 1, Manville Heights Addition, thence west 150 feet, thence north 15 feet, thence east 150 feet, thence south 15 feet to the Point of Beginning. WHEREAS, John B. Harper, owner of Lot 12, Block 1, Manville Heights Addition (427 Ferson Street) which abuts said property, has requested conveyance of said property to him; and WHEREAS, John B. Harper has offered to purchase said property for one thousand dollars ($1,000); and WHEREAS, after publication of notice as required by law, a public hearing on the property conveyance was held by the City Council on the 16th day of July, 1985, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City agrees to convey the above-described property to John B. Harper for the amount of $1,000. 2. That the Mayor is authorized to sign and the City Clerk to attest a quit claim deed conveying said right-of-way to John B. Harper. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO (Abstained)_ BAKER X DICKSON X ERDAHL X MCDONALD x STRAIT X ZUBER Passed and approved this 16th day ATTEST: CITY CLERK Rmwed a Approved By The Legal Dep emefd u5v/ 60 &AL RESOLUTION NO. 85-221 RESOLUTION APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION, PART TWO, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Paul M. Kennedy, Jr., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Kennedy's Waterfront Addition, Part Two, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at the Northeast Corner of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian; thence S 89032'00" W, 2,604.28 feet, to a point on the Westerly right-of-way line of the Chicago, Rock Island & Pacific Railroad, which point is 495.00 feet, S 89022'49" E, of the Southeasterly corner of Lot 1, Sand Lake Addition, Iowa City, Iowa, all in accordance with the Plat of Subdivision recorded in Plat Book 10, page 23 of the Records of the Johnson County Recorder's Office; thence N 89022'49" W, along the North line of Kennedy's Waterfront Addition, Part One, Iowa City, Iowa, as recorded in Plat Book 22, page 56 of the Records of the Johnson County Re- corder's Office, and its projection thereof, 996.00 feet, to the point of beginning; thence S 00027'35" W 20 feet; thence N 89022'49" W 40 feet; thence N 00027'35" E 20 feet; thence S 89022'49" E 40 feet to the point of beginning. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat of said subdivision and have recommended approval of same; and WHEREAS, the final plat of said subdivision has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that it be accepted and approved; and WHEREAS, the final plat has been found, to conform with all of the require- ments of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the final plat of Kennedy's Waterfront Addition, Part Two, a subdivision of the City of Iowa City, is hereby approved. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this Resolution, which shall be affixed to the final plat after passage and approval by law; and the owner/ subdivider shall record the legal documents and final plat at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. cJ5_%�2 _ Resolution No. 85-221 Page 2 It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X x X X Passed a ATTEST: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber B5. T�y RESOLUTION NO. 8S-222 RESOLUTION APPROVING PLANS, SPECIFICATIONS,.FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY86 ASPHALT RESURFACING PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.Dl. on the 6th day of August , 1985 . Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 13th day of August , 19 85 . It was moved by Zuber and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X _ X Pas ATTEST: Posted: July 12, 1985 @ 2:40 P.M Removed: 7/i1/1jS@ -70008, (This Notice to be posted)' Res. 85- a.23 NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: July 16, 1985 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington St., 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: Resolution of necessity for the FY1986 Alley Paving Assessment Project. - Public hearing on proposed resolution of necessity. - Resolution with respect to adopting resolution of necessity. - Resolution directing preparation of detailed plans and specifications, form of contract and notice to bidders. - Resolution ordering bids, approving plans, specifications and form of contract and related matters. Such additional matters as are set forth on the addi- tional 16 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. 2euca��lz,y ✓ Cit Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLSEE. LAWYERS. DES MOINES. IOWA �,5715 PART 1 -- HEARING PROCEEDINGS 16 . 1985 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber Absent: None The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of the FY1986 Alley Paving Assessment Project in the corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. Written and oral objections were then received or heard. Council member for the receiving Council member _ adopted. Erdahl moved that the time of objections be closed. Seconded by Dickson On vote, the motion was After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally pro- posed. Council Member Erdahl introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE FY1986 ALLEY PAVING ASSESSMENT PROJECT" and moved that it be AHLERS. COONEY. DORWEILER. HAYNIE. SMITH B ALLBEE. LAWYERS. DES MOINES. IOWA �5�6 adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 85-223 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE FY1986 ALLEY PAVING ASSESSMENT PROJECT. WHEREAS, this Council has proposed a Resolution of Necessity for the FY1986 Alley Paving Assessment Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of X Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. AHLERS. COONEY. DORWEILER. HAYNIE. JMITH a ALLSEE, LAWYERS. DES MOINES. IOWA &/]7 Deferred for later consideration to a Council meeting to be held on the day of , next, at o'clock M., at this meeting place, with juris- diction retained for further consideration and action at the adjourned meeting. Abandoned. Passed and approved this 1985. ATTEST: 16th day of July AHLERS. GOONEY, DORWEILER. HAYNIE.9MITH a ALLBEE, LAWYERS. DES MOINES, IOWA &-O / EXHIBIT A SCHEDULE OF AMENDMENTS TO THE RESOLUTION OF NECESSITY PROPOSED FOR THE FY1986 ALLEY PAVING ASSESSMENT PROJECT The Resolution of Necessity proposed for the FY1986 Alley Paving Assessment Project is amended as follows: A. By eliminating therefrom the proposed improve- ments with locations following, to -wit: From Clapp Street to Parsons Avenue between Rochester and Hotz Avenues (Raphael Place Addition) B. By making changes in the preliminary plat and schedule of assessments as follows, to -wit: C. By amending said Resolution of Necessity, as follows, to -wit: I certify that the foregoing schedule lists all amendments to the Resolution of Necessity as adopted by the Council. IFA AHLERS. CCOONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA &-yy Council Member Strait introduced the following Resolution entitled "RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE FY1986 ALLEY PAVING ASSESSMENT PROJECT" and moved that it be adopted. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, Baker, Dickson, Erdahl McDonald, Strait, Zuber. NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 8S-224 RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE FY1986 ALLEY PAVING ASSESSMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Engineer, is hereby ordered and directed to prepare and file with the Clerk detailed plans and specifica- tions for the construction of the FY1986 Alley Paving Assessment Project. BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the FY1986 Alley Paving Assessment Project. PASSED AND APPROVED this 16th day of July , 1985. Mayor ATTEST: AHLERS. COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES. IOWA 6 oO PART 2 Council Member Strait introduced the following Resolution and moved its adoption. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Baker, Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 85-225 RESOLUTION ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY, AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME, AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the FY1986 Alley Paving Assessment Project, is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the detailed plans and speci- fications as prepared by City Engineer, Engineer, for the pro- ject, for the construction of the FY1986 Alley Paving Assessment Project, and the form of contract and Notice to Bidders, as approved by the Attorney, be and the same are hereby approved, subject to hearing thereon, and are hereby ordered placed on file in the office of the Clerk for public inspection. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of said specifications. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to publish notice to bidders once in the Press Citizen , a legal newspaper, printed wholly in the English language, published at least once weekly and AHLERS. GOONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA O/ having general circulation in this City. Publication shall be not less than four clear days nor more than forty-five days prior to August 20 , 1985, which latter date is hereby fixed as the date for receiving bids. Said bids are to be filed prior to 10:30 o'clock A •M., on said date. Bids shall be received and opened at a public meeting as provided in the public notice and the results of said bids shall be considered at the meeting of this Council on August 27 , 1985, at 7:30 o'clock P.M - BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to publish notice of hearing once in said newspaper, said publication to be not less than four clear days nor more than twenty days prior to the date hereinafter fixed as the date for a public hearing on the plans, specifications, form of contract and estimate of costs for said project, said hearing to be held at 7:30 o'clock p M. on July 30 , 1985. PASSED AND APPROVED this ATTEST: day of July , 1985. AHLERS, COONEY, DORWEILER, HAYNIE. RVMITH a ALLBEE, LAWYERS, DES MOINES. IOWA 6 Y(� F?9-s, as- 441 CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the indi- viduals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indi- cated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this AOL- day of , 1985. SEAL Cit Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIE. SMITH S ALLBEE, LAWYERS, DES MOINES. IOWA / Proceedings to Adjourn Public Hearing Iowa City, Iowa July 16, 1985 The City Council of Iowa City, Iowa, met in regular session on the 16th day of July, 1985, at 7:30 o'clock p.m. at the Council chambers in the City pursuant to law, to published notice, and to the rules of said Council. The meeting was called to order and there were present McDonald Mayor, in the Chair, and the following named Council members: Ambrisco, Baker, Dickson, •.1 1•n. . Strait, Zilber- Absent: This being the time and place specified for the public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1985 (The Economy Advertising Company Project) in an aggregate principal amount not to exceed $1,800,000.00, Council member Strait introduced a Resolution entitled: 85-226 "Resolution adjourning to July 30, 1985, the public hearing and the decision whether or not to proceed with the issuance and sale of not to exceed $1,800,000.00 aggregate principal amount of Industrial Development Revenue Bonds (The Economy Advertising Company Project) of the City of Iowa City, Iowa", and moved its adoption, seconded by Countil member Ambrisco After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the role being called the following named Council members voted: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl. Nays: None. Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. ATTEST: (SEAL) 6 / RESOLUTION 8S-226 "Resolution adjourning to July 30, 1985, the public hearing and the decision whether or not to proceed with the issuance and sale of not to exceed $1,800,000.00 aggregate principal amount of Industrial Development Revenue Bonds (The Economy Advertising Company Project) of the City of Iowa City, Iowa" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manu- facturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divi- sional headquarters facility of a company that does multi -state business; and WHEREAS, the Issuer has been requested by The Economy Advertising Company (the "Company"), to issue its Industrial Development Revenue Bonds to finance the cost of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use in manufacturing, storing, warehousing and dis- tributing products of agriculture, mining or industry (the "Project") to be located within the Issuer; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1985 (The Economy Adver- tising Company Project) of the Issuer in an aggregate principal amount not to exceed $1,800,000.00 between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice, all objections or other comments relating to the issuance of the Bonds made at said hearing have been heard, and it is desired to adjourn said public hearing; NOW THEREFORE, BE IT RESOLVED, by the City Council of the Issuer, as follows: 605 -2 - Section 1. It is hereby determined that the public hearing be adjourned to July 30, 1985 at 7:30 o'clock p.m. at the Council chambers, in the City. Section 2. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 3. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 16th day of July, 1985. Attest: 9zr , • City Clerk (Seal) N ►'41 '. j• . �Rvovlutijan of 1 1 bi '. •, ►• • N' 30hertm, Robext Jansen submitted a resignation from the service of the City N woo; .' of Iowa City effective Juey 22, 1985 and .�X49MO, the• RobeAtJansenemployee ►• of dedicated service, from6130181 and •' ►• X49reasp the CityCouncil•commendthe said •1 •• Jansen• •' ►�saidservice. •. Nofa Therdarehe it 'CWW-6v16ekr fig 1 &V 69=61 1 Tvfan J U 1 J 1 11 ►. TCity hat theCouncilof Iowa Iowa herebycommends • .. • Jansen ;. for meritorious City Atto&ney . City over the years•: P .. for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy ►. ►, •., , ►, ,. adopted.tion be .,CITY CLERK MAYOR,. 104Juty, •: Passed and approved this 16th d 1995. •.+ouc.•o. �❖.•�oaoo+.+i o.❖u.•000auo.+.00L+.•.+iii•O.L•iLo•Ouii❖OO.❖o0uu.•oiL❖i•.o+.•u.•.+iL•o.•i000u.•oi❖oi.•.•.•.•.•.•.•.•.•.•.•i; N RESOLUTION NO. 85-228 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Johnson County SEATS Program for the lease of space at the Iowa City Senior Center, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of the State may be exercised jointly with any other public agency of this State having such power. WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center for the above-named agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed respectively to execute and to attest the attached 28E agreement with Johnson County SEATS. 2. Upon execution, the City Clerk is directed to file the agreement with the Iowa Secretary of State and the Johnson County Recorder's Office. It was moved by Erdahl and seconded by Strait the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X X Passed and approved this 16thday ATTEST: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER July , 1985. Rataived w Arrrove I4Y The legal Qenarft-.*n �I 6,09, CITY OF IOWA CITY/SEATS AGREEMENT This agreement, made and entered into this 16th day of July 1985, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as CITY, and the SEATS Program, Johnson County, Iowa, hereinafter referred to as the COUNTY. WHEREAS, it is in the mutual interest of the City and County to continue providing transit service to the elderly and handicapped; and WHEREAS, the County, pursuant to its general powers, has an operation of special elderly and handicapped transit service; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of this State may be exercised jointly with any other public agency of this state having such power; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND COUNTY AS FOLLOWS: I. SCOPE OF SERVICES A. The City agrees to provide space, utilities, furniture, equipment plus parking spaces to the County for the sole purpose of carrying out the Johnson County SEATS program. FILED Johnson Co. Iowa JUN 2 0 1985 —Y AUD TTO 7 X09 Page 2 II. GENERAL TERMS A. The City agrees to provide 352 square feet of office space on the second floor of the Senior Center. Storage space will be provided in the boiler room and parking space for vans will be provided as outlined below: 1. Ten parking permits shall be issued to the SEATS vans for parking in the Civic Center parking lot. 2. SEATS vans may use either the passenger loading zones on Washington and Linn Streets or the north entrance ramp to the Senior Center to pick-up or drop-off passengers. 3. SEATS vans may use the passenger loading zones on Washington and Linn Streets for temporary, not to exceed 30 minutes, parking between trips. Only one van may be parked in each of these spaces at one time. B. The City agrees to provide heating and cooling for the office space at a level deemed appropriate for older persons. C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to supply the following furniture: 2 desks, 2 desk chairs, 1 armchair, 2 side chairs. Page 3 E. The City agrees to make available the services of a xerox machine and print shop at a nominal per copy cost to the County. F. The City agrees to install a central telephone system which the agencies shall use. G. The City agrees to furnish refuse pickup on a regular basis. H. The City agrees to treat in a confidential manner all participant information that is jointly gathered. I. The County agrees to provide a transportation service which is consistent with the purpose and goals of the Senior Center. J. The County agrees to pay for the installation of its telephone line(s) and to pay the monthly charges for the line(s). K. The County agrees to submit an annual report on SEATS service. L. SEATS agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Johnson County. M. The County agrees to cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units (rides) provided. 411 Page 4 2. Monthly total of elderly receiving service (duplicated and unduplicated counts). N. The County agrees to submit a 30 -day written notice when program changed are planned. 0. The County agrees to accept the responsibility of opening, closing and supervising the building when its staff occupies the office at time the Center is not open to the general public. P. The County, having the only staff occupying the second floor, agrees to accept the responsibility of giving or receiving information from participants using that floor of the Senior Center. Q. The County, having the only staff occupying the second floor, agrees to accept the responsibility for assisting Senior Center participants in emergency situations - i.e. medical, fire, tornados. R. The County agrees that no supplies or equipment, whether official or personal, other than those found in ordinary offices shall be brought into its office on the second floor. The boiler room and U Smash Em will be used for supplies directly related to SEATS vehicles. S. The County agrees to strongly encourage SEATS personnel to recertify in CPR annually. 4/.2— Page 5 T. The County agrees that it is not acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. III.INDEMNIFICATION The County agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liability, loss, costs, or damages resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the County, or its offi- cers, agents, or employees, in the performance of the conditions set forth in this agreement. IV. DISCRIMINATION A. The County shall not permit any of the following practices: 1. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, relig- ion, age, sex, marital status, sexual orientation, or disabil- ity. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. � 13 Page 6 B. The County shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. V. INSURANCE The County shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: $300,000 combined single limit to cover bodily injury and property damage. The County shall furnish the City with a certificate of such insurance upon request. The failure of the County to maintain such a policy in full force and effect shall constitute grounds for immediate termination of this agreement and of all rights contained herein. VI. TERMINATION This agreement shall be effective July 1, 1985, and shall terminate June 30, 1986. However, this agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the SEATS program as outlined in the application for space in the Senior Center. 61� Page 7 VII. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. VIII. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code. IX. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreement that have not been reduced in writing in this instrument; and that this agreement constitutes the entire contract. ATTEST: LZA ,- '-) T . -,e"j MARIAN KARR, CITY CLERK Received & Approved By the Legal De artment 69 <- FOR THE COUNTY: M VENNIS L GENBERG BOARD OF SUPERVISO41 JOHNSON COUNTY, IOWA ATTEST: JOHNSON COUNTY AUDITOR (/S RESOLUTION NO. 85-229 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1985 BE IT RESOLVED by the City Council of Iowa City, Iowa, that the firm of McGladrey, Hendrickson and Company, Certified Public Accountants, be engaged to conduct the audit for the City of Iowa City for the year ending June 30, 1985, and the Federal Compliance Audit for the 24 -month period ending June 30, 1985. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 16th dayfbf July , 1985. ATTEST:���, CITY CLERK Reaetved & Approved By The regal DeWmla:+t 7 � b/� RESOLUTION NO. 8S-230 RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF APPLICATIONS ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTA- TION, UNITED STATES OF AMERICA, FOR GRANTS UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. WHEREAS, the City of Iowa City has a municipal transit system; and WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of Section 9 applications for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant when procuring construction con- tracts, supplies, equipment contracts, or consultant and other services in connection with Section 9 projects, that minority business enterprise be utilized to the fullest extent possible, and that definitive procedures shall be established and administered to ensure that minority businesses have the maximum feasible opportunity to compete for contracts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: That the City Manager of Iowa City is authorized to execute and file applications on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in the financing of transit capital improve- ments pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. 2. That the City Manager of Iowa City is authorized to execute and file with said applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the City Manager of Iowa City is authorized to furnish such addi- tional information as the U.S. Department of Transportation may require in connection with the application. That the City Manager of Iowa City is authorized to set forth and execute affirmative minority business policies in conjunction with procurement needs. Resolution No. 85-230 Page 2 5. That the City Manager of Iowa City is authorized to execute grant agree- ments on behalf of the City of Iowa City with the U.S. Department of Transportation for aid in the financing of capital projects. It was moved by Strait and seconded by Ambrisco that the Resolution be adopted. After discussion the following roll caTT —was called: AYES: X X X X X X X Passed and approved this 16th NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber ATTEST: }%Joy -IV CITY LERK D. ay 11-e� Legal Deparh%'11 73 RESOLUTION NO. 85-231 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT EXTENSION BETWEEN THE CITY OF IOWA CITY, JOHNSON COUNTY, AND CITY & YELLOW CAB COMPANY FOR THE FY86 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, it is in the public interest to provide taxi service to Iowa City residents in order to supplement the Johnson County/Iowa City SEATS program for delivery of special elderly and handicapped transit services, and WHEREAS, Chapter 28E of the Code- of- Iowa provides that the power exer- ciseable by a public agency 0Fa—may be exercised jointly with any other public agency of this State having such power, and WHEREAS, Iowa City, Johnson County, and City & Yellow Cab Company have negotiated an extension of the FY85 28E Agreement for the provision of supplemental taxi service for Iowa City residents and a copy of said contract extension is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: 1. That a contract extension for supplemental taxi service to the Johnson County SEATS program is hereby awarded to City & Yellow Cab Company. 2. That the Mayor is authorized to sign and the City Clerk to attest the 28E contract extension between the City of Iowa City, Johnson County, and City & Yellow Cab Company for supplemental taxi service to the Johnson County SEATS program. 3. That the City Clerk is directed to file said document with the Secretary of State and record same with the Johnson County Recorder. It was moved by Zuber--- and seconded by Strait the Resolution be adopted, and upon ro I I call there were: AYES: NAYS: ABSENT: X - Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 16th dayl of July , 1985. ATTEST: Recelved y APprov" BQAf egad Depr AP 9 �l Ll � EXTENSION OF 28E AGREEMENT FOR FY86 SUPPLEMENTAL TAXI SERVICE The extension of the FY85 28E Agreement by and a municipal corporation, Johnson County, and made and entered into on the day of terms and conditions of the FY95 Agreement attached and made part of this agreement, wit h II. General Terms between the City of Iowa City, City ,& Yellow Cab Company, is 1985. All remain/in full effect and are the following exceptions: 6. It shall be the responsibility of City & Yellow Cab Company to notify the SEATS dispatcher in advance if they will be late with a scheduled pick-up. VIII. Duration This Agreement shall be in effect from July 17, 1985 to December 31, 1985. Upon agreement by the parties hereto, the terms of this Agreement may be extended for a period not to exceed an additional 212 days. This Agreement may be terminated upon 30 days written notification by either the City of Iowa City or City & Yellow Cab Company. CITY & YELLOW CAB COMPANY C s en Attest: JOHNSON COUNTY, IOWA By: Attest: -7;, County Auditor CITY OF IOWA CITY, IOWA By: L o n c ona ayor Attest:Q City Clerk Recelved & Approve'd BY �Le9al D 7prtmnt J �T dao 28E AGREEMENT FOR FY85 SUPPLEMENTAL TAXI SERVICE S1. This 28E Agreement is made and entered into on the �5 day of Now,, 1 , 1985, by and between the City of Iowa City, a municipa corpora ion,herein- after referred to as 'City," Johnson County, and City 3 Yellow Cab Co. I. SCOPE OF SERVICES City b Yellow Cab Co. shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the Johnson County SEATS program. II. GENERAL TERMS 1. The origin and/or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service shall be the metropolitan area of Johnson County within the corporate limits of Iowa City, Coralville, and University Heights. 2. The provision of transportation by City 5 Yellow Cab Co. under this agreement shall be administered by Johnson County SEATS. Elderly and handicapped residents of Iowa City shall call the SEATS dispatcher to request transportation. The SEATS dispatcher shall determine if the ride is eligible for subsidized taxi service and will inform City b Yellow Cab Co. dispatcher of the intended trip, whereupon a taxi will be dispatched. 3. For the purposes of this program, an elderly person is defined as an individual over 60 years of age; a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental impairments which seriously limit his/her ability to obtain adequate transportation either through the use of private automobile or public transit. This includes persons who are restricted to wheelchairs. A spouse or companion accompanying eligible persons shall also be eligible to obtain rides. 4. The following trips shall be eligible for subsidized taxi service from City 5 Yellow Cab Co. a. Medical (i.e. doctor, dentist, drug store); trips that cannot be easily scheduled 24 hours in advance. b. Any other trip that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category include social service, shopping, volunteer service, social/senior activity trips, and employment - including regularly scheduled trips to and from a worksite. Taxi service shall be available 24 hours per day. Off -hour service must be scheduled during hours of SEATS operation. 5. City 3 Yellow Cab Co. shall reserve the right to refuse service to any passenger that is being disruptive. The SEATS manager shall be notified of all instances where a passenger is refused serv- ice. gal III. COMPENSATION Each eligible participant shall pay City b Yellow Cab Co. a donation for each trip and the City shall subsidize the remaining cost of the trip. However, no eligible participant without a donation shall be denied a ride by City E Yellow Cab Co. In this situation, the City shall subsidize the entire cost of the trip. A determination of the total trip cost shall be calculated from the rates submitted by City b Yellow Cab Co. in their bid for the service: $1.70 for the first mile and f.55 for each additional half mile. The calculation of the first mile shall be mileage up to one and one-tenth miles and this shall also be the minimum charge. Each additional half mile shall be calculated at two- tenths and seven -tenths past the first mile. On a monthly basis, City & Yellow Cab Co. shall request reimburse- ment from the City for the amount of the trip subsidy. With this request, an itemization of the date, time, donation, origin, and destination of each trip shall be provided by City 5 Yellow Cab Co. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. IV. INDEMNIFICATION City b Yellow Cab Co. agrees to defend, indemnify, and save harmless the City of Iowa City, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement. V. ASSIGNMENT City b Yellow Cab Co, shall' not assign, sublet, or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION City b Yellow Cab Co. shall not commit any of the following employment practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. VII. AFFIRMATIVE ACTION City E Yellow Cab Co. agrees to complete an equal opportunity policy statement, as provided by the City of Iowa City. City S Yellow Cab Co. agrees to permit inspection of their records concerning the supplementary service by a person representing the City of Iowa City, Johnson County, and/or the State of Iowa, during normal working hours. CIM VIII. DURATION This agreement shall be in effect from March 1, 1985, to June 30, 1985. Upon agreement by the parties hereto, the terms of this agreement may be extended an additional thirty (30) days. However, this agreement may be terminated upon thirty (30) days written notification by either the City or City b Yellow Cab Co. IX. EXTENT OF AGREEMENT This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa. This agreement represents the entire Iowa City, Johnson County, and City taxi service as herein provided. It instrument signed by all parties. CITY 5 YELLOW CAB CO. resident ATTEST:����—j�G77 �7 re JOHNSON COUNTY, IOWA By: Chairpers � Board of SupervisoFs ATTEST: County A0itor agreement between the City of S Yellow Cab Co. for subsidized may be amended only by a written CITY OF IOWA CITY, IOWA By: ILA&W—� John McUonald, mayor ATTEST: 2�=1 Ma an K. Karr, City C ler cK L%Cewell 8 Approved Icgai Q- ri et 6 a3 RESOLUTION N0. 8S-232 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMENDING THE AUGUST 2, 1983 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOLIDAY WRECKER. WHEREAS, on August 2, 1983, the City and Holiday Wrecker executed an agree- ment for towing services, and WHEREAS, the City and Holiday Wrecker have negotiated the attached amendment to said agreement for the purpose of extending the term of said agreement about one (1) month. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is hereby authorized to sign and the City Clerk to attest said amendment to the August 2, 1983 agreement between the City and Holiday Wrecker. It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait XX_ Zuber Passed and approved this 16th day/,pf July , 1985. ATTEST:24;' -A-'. 2fa-'� CIT CLERK Received & Appmved By The Legal Delaamnent r4 '71q 5- 6a� AMENDMENT TO AGREEMENT This agreement, made and entered into this 16th day of July, 1985, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City" and Holiday Wrecker, a corporation authorized to do business in the State of Iowa, hereinafter called "Agent," is an amendment to the agreement made between the parties hereto on August 2, 1983, which said agreement is hereby amended as follows: 1. Section VIII "DURATION" is deleted and substituted in its place is the following new Section VIII "DURATION': This agreement shall commence upon execution and shall terminate on August 31, 1985. However, this agreement may be terminated by either party upon 60 days written notification. 2. All other provisions of the August 2, 1983 agreement shall remain in force. CITY OF IOWA CITY �fHOOLIDAY WRECKER % By: By: or Attest: Attest: City Clerk ,JLL 10 10 6as Res. g5- a 3 3 CERTIFICATE STATE OF IOWA SS COUNTY OF JOHNSON CIG -3 4-85 I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the indi- viduals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indi- cated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 1(,,4� day of ?111, 1985. SEAL �crcc�r� �S Tom.✓ Cit Clerk, Iowa City, Iowa ANLERS, COONEY DORWEILER. HAYNIE. SMITH 8 ALLBEE. LAWYERS DES MOINES IOWA /'(>,)(,, July 16 , 1985 The City Council of Iowa City, Iowa, met in regulai session, in the Council Chambers, Civic Center, 41U—E.- Washington 1bE.Washington St., Iowa City, Iowa, at 7:30 o'clock _a.M., on the above date. There were present Mayor McDonald in the chair, and the following named Council Members: Ambrisco Baker, Dickson, Erdahl, McDonald, Strait Absent: None -1- AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA h The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the FY1986 Sidewalk Assessment Project, in accordance with the plans and specifications therefor. Council Member Ambrisco moved and Council Member Strait seconded the motion as follows: X To adopt the following resolution Making Award of Contract(s) To defer bids for later consideration and action to a meeting to be held on the day of , 1985, next, at olclock .M., at this meeting place, with jurisdiction retained over all bids received. The roll was called and the vote was, AYES: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl. NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 85-233 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Wolf Construction, Inc. of Iowa City, Iowa , in the amount of $32,819.06 for the construction of the FY1986 Sidewalk Assessment Project, described in the plans and specifications heretofore adopted by this Council for said -2- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALL6EE, LAWYERS, DES MOINES. IOWA /) s1 project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and Clerk are hereby directed to execute each contract awarded above for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND APPROVED, this 16th day of July , 1985. ATTEST: /ice_ ,�. � �.• -3- AHLERS. COONEY. DORWE,LER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA �a9 Posted: July 12, 1985 @ 2:40 P.M. Removed: �k� /7 /9PSg lb e all. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: July 16, 1985 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa. ORIGINAL 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: - Resolution Making Award of Contract. Such additional matters as are set forth on the addi- tional 16 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 639 Posted July 12, 1985 @ 2:40 P.M. s( Removed /7 /785& ?0O H.m. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: July 16, 1985 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington St., 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: - Consideration of bids. Such additional matters as are set forth on the addi- tional 16 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa AMLERS. COONEY. DORWEILER. HAYNIE. SMITN a ALLBEE. LAWYERS. DES MOINES. IOWA 63/ RESOLUTION NO. 85-234 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: The Gas Company Inn, 2300 Muscatine Avenue Good's Kerr - I•IcGee, 1st Avenue F, Muscatine Billy's, 918 1st Avenue IV&'s Juice Bar, 206 Lafayette Studio 114, 114 Wright Street It was moved by Ambrisco and seconded by Strait that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 30th 19 85 Attest: 071 City Clerk . day of July � a RESOLUTION NO. 85-23S RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SSTER FOR KENNEDY'S i4ATERFRONT ADDITION, PART II, LOTS 1-4 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary Sewer for Kennedy's Waterfront Addition, Part II, Lots 1-4, as constructed by Murray's Excavating and Grading Ltd. of Iowa City, Iowa, AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Ambrisco and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _ X Erdahl X McDonald X Strait Zuber Passed and approved this 30th day of rrir:6119 19 85. 1033 RESOLUTION NO. 85-236 RESOLUTION ACCEPTING THE WORT: FOR A PORTION OF THE PAVING IMPROVEMENTS FOR FIRST AND ROCHESTER, PART 'nVO WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Paving Improvements on Bluffwood Drive adjacent to Lots 67-72, 74-79 and the South 35.00 feet of Lot 73, all in First and Rochester, Part Two as constructed by Metro Pavers, Inc. of Iowa City, Iowa, AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Ambrisco and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald R Strait X Zuber Passed and approved this 30th day of July 19 85, /' Ao--Olze�'/MAYO ATTEST: �JJCL�i �Qs� -A41 7Vz� CITY CLERK It" RESOLUTION NO. 8S-237 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT PLAN FOR ECONOMY ADVERTISING COMPANY, LOT 4, BDI FIRST ADDITION WHEREAS, the owner, Economy Advertisting Company, has filed with the City Clerk of Iowa City, an application for approval of a preliminary and final Large Scale Non -Residential Development Plan for Lot 4, BDI First Addition; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan for Economy Advertising Company is found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final Large Scale Non -Residential Development Plan of Economy Advertising Company for Lot 4, BDI First Addition, is hereby ap- proved. 2. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said plan; the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, and return a file -stamped copy of the plan to the City Clerk before the issuance of any building permit is authorized. It was moved by Erdahl and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X __X— X X X X X Passed and approved this 30th day of ATTEST:eJ L l l-TZ'L-Erti. all Ambrisco the AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER 1985. Received & Apprcveei By The Depa rt 1x35 Res, <3s- a39 July 30 , 1985 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Absent: None -1- AW., C. ,, D.m I.t Hry m Smith & Allbm layers, Des MWS, loxes G 36 This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract, and estimated cost for the construction of the FY1986 Alley Paving Assessment Project, the Mayor called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. Council Member Zuber introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald. NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 85-238 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the 30th day of July , 1985, plans, specifications, form of contract and estimated cost were filed with the Clerk of Iowa City, Iowa, for the construction of the FY1986 Alley Paving Assessment Project, within the corporate limits; and WHEREAS, said plans and specifications are consistent and in compliance with the final grades heretofore established by ordinance for all alleys to be improved; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- Ahleq Cooney, Oo Iet, Hzyme. Smith & Allbee, lawyers, O Manes, Iowa That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. PASSED AND APPROVED, this 30th 1985. ATTEST: day of -3- Ahlers, Coon, Dan les Haynie, Smith & Allbee, lawyers, Des Moines, Iowa 6 3 CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 30th day of July , 1985. SEAL -At 2eZ,,..2 City lerk, Iowa City, Iowa Ml.m Cooney, Mo Iet Hzynle. Smith & MIbe. Lawyers, Des Maines, Iowa 639 Res . 85- o?39 Proceedings to Proceed with Issuance and Sale Iowa City, Iowa July 30, 1985 The City Council of Iowa City, Iowa, met in regular session on the 30th day of July, 1985 at. 7:30 o'clock p.m. at the Civic Center in the City pur— suant to law and to the rules of said Council. The meeting was called to order and there were present McDonald Mayor, in the Chair, and the following named Council members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: None The City Council investigated and found that Notice of Intention to Issue Industrial Development Revenue Bonds (The Economy Advertising Company Project) in the aggregate principal amount not to exceed $1,800,000.00, had, as directed by the City Council, been duly given according to law. The public hearing on the proposal to issue such Bonds had, as specified in the Notice, been held on July 16, 1985 at 7:30 p.m. and then adjourned to this time and place. The Mayor announced that.all local residents attending the adjourned hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the adjourned hearing expressed their views as follows: 62/0 -2 - After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Erdahl introduced a Resolution entitled: 85-239 Resolution approving proceeding with the issuance and sale of not to exceed $1,800,000.00 in an aggregate principal amount of Industrial Development REvenue Bonds (The Economy Advertising Company Project), of the City of Iowa City, Iowa. and moved its adoption, seconded by Council Member Strait Aften due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Zuber, Ambrisco Baker Dickson Erdahl. McDonald. Strait. Nays: Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. r Attest: Mnwi� 77 LLwJ� Cit Clerk (Se.'!) Z// -3- 85-239 Resolution approving proceeding with the issuance and sale of not to exceed $1,800,000.00 in an aggregate principal amount of Industrial Development Revenue Bonds (The Economy Advertising Company Project), of the City of Iowa City, Iowa. WHEREAS, the City of Iowa City, Iowa,,in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manu- facturing, processing or assembling of any agricultural or -manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divi- sional headquarters facility of a company that does multi -state business; and WHEREAS, the Issuer has been requested by The Economy Advertising Company (the "Company"), to issue its industrial development revenue bonds to finance the cost of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use in manufacturing, storing, warehousing and dis- tributing products of agriculture, mining or industry (the "Project") to be located within the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits. flowing therefrom; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1985 (The Economy Advertising Company Project) of the Issuer in an aggregate principal amount not to exceed $1,800,000.00 between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the bonds, as and when the same shall be.due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said Notice and all objections or other comments relating to the issuance of the Bonds have been heard; NOW THEREFORE, BE IT RESOLVED, by the City Council of the Issuer, as follows: Section 1. It is hereby determined it is necessary and advisable that the Issuer proceed with the Issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. -4 - Section 2. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer, all other parties, including the City Attorney and the Issuer's Bond Counsel, shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 3. The Mayor, City Clerk, and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to affect the accomplishment of the Project and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 30th day of July, 1985. U W& Attest: City (Seg'_ ) 4 y3 -5 - STATE OF IOWA COUNTY OF JOHNSON CITY OF IOWA CITY I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of the corporate records in relation to the adoption of the Resolution to Proceed with.the Issuance and Sale of Industrial Development Revenue Bonds (The Economy Advertising Company Project) in an aggregate principal amount not to exceed $1,800,000.00. WITNESS my hand and the corporate seal of said City hereto affixed this 30th day of July, 1985. City Clerk (SEAL) RESOLUTION NO. 85-240 RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT BHF-0001-5(32)--2L-S2 WHEREAS, Winnebago Constructors, Inc. and Henkel Construction Co. of Mason City, Iowa has submitted the best bid of $857,573.50 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 Winnebago Constructors, Inc. and Henkel Construction Co. of Mason City, Iowa, subject to the condition that awardee secure adequate performance bond and insurance certificates, and subject to Federal Highway Administration concurrence. 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, and subject to Federal Highway Administration con- currence. It was moved by Ambrisco , and seconded by Zuber that the resolution as read e a opt, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 30th day of July, 1985. ATTEST: CITY CLERK MAYOR fired PFfrovOd d Dopa. Wnt � �s Res. g5- CV V / July 30 , 1985 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, McDonald, Zuber. Absent: Strait, Erdahl. -1- MIm. Ca ,, Do.Ift Hon Smith 6 A lbe. tar M D Musa Ion 10 �/ Council Member Zuber introduced the following Resolution entitled "RESOLUTION ACCEPTING WORK" and moved its adoption. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: McDonald, Zuber, Ambrisco, Baker, Dickson. ABSENT': Erdahl, Strait NAYS: Whereupon the Mayor declared the following Resolution duly adopted: 85-241 RESOLUTION ACCEPTING WORK WHEREAS, on January 10, 1985, Iowa City, Iowa, entered into contract with Mid -State Construction of Springville, Iowa, for the construction of the Taft Speedway Sanitary Sewer Extension Project 1985, within the City, as therein described; and WHEREAS, said contractor has fully completed the construc- tion of said improvements, known as the Taft Speedway Sanitary Sewer Extension Project 1985, in accordance with the terms and conditions of said contract and plans and specifications, as shown by the certificate of the Engineer filed with the Clerk on July 24 , 1985: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That said report of the Engineer be and the same is hereby approved and adopted and said improvements are hereby accepted as having been fully completed in accordance with the said plans, specifications and contract. The total contract cost of the improvements payable under said contract is hereby determined to be $172,120.83 Section 2. The total project cost including construction, engineering, legal and administrative costs is determined to be $ 196,103.30 -2- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLSEE, LAWYERS. DES MOINES. IOWA 6LI7 PASSED AND APPROVED this 30th day of July , 1985. ayor ATTEST: -3- AHLERS, COONEY. DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS. DES MOINES. IOWA Council Member Zuber introduced the following Resolution entitled "RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adop- tion. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson ABSENT: Erdahl NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 85-242 RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS BE IT RESOLVED, that the Engineer is hereby instructed to prepare a final plat and schedule showing the separate lots or parcels of ground subject to assessment for the cost of the Taft Speedway Sanitary Sewer Extension Project 1985, together with the names of the owners thereof, so far as practicable, and the amount assessable by law against each lot or parcel of ground so assessable, and against any railway or street railway legally assessable therefor, and $109,613.30 of the whole amount of the cost of said improvements shall be assessed against the benefited properties, but not in excess of the amounts so assessed in the preliminary plat and sched- ule for the improvement, and filed in the office of the Clerk. PASSED AND APPROVED this 30th day of July , 1985. ATTEST: -4- AHLERS, COONEY, DORWEILER. HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES. IOWA G, 4? Council Member Dickson introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald ABSENT: Erdahl NAYS: None Whereupon the Mayor declared the following Resolution duly adopted as follows: 85-243 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 100hin That after full consideration of the final schedule of assessments and accompanying plat showing the assessments pro- posed to be made for the construction of the Taft Speedway Sanitary Sewer Extension Project 1985, within the City, under contract with Mid -State Construction of Springville, Iowa, which final plat and schedule was filed in the office of the Clerk on the 24th day of ,7"Ty , 1985; said assessments are hereby corrected by making the following changes and reductions: NAME OF PROPOSED CORRECTED PROPERTY FINAL FINAL OWNER AND PROPOSED CONDITIONAL CORRECTED CONDITIONAL DESCRIPTION FINAL DEFICIENCY, FINAL DEFICIENCY, OF PROPERTY ASSESSMENT IF ANY ASSESSMENT IF ANY SEE ATTACHED SCHEDULE OF FINAL ASSESSMENTS -2- AHLERS. COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE. LAWYERS, DES MOINES, IOWA BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied con- ditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provi- sions of Section 384.63, Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess thereof, and not in excess of 25% of the value of the same. BE IT FURTHER RESOLVED, that said assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of 12 percent per annum, the maximum rate permitted by law, from the date of the acceptance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50.00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 1985; succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessments shall be payable at the office of the City Clerk, in full or in part and without interest within thirty days after the date of the first publication of the notice of the filing of the final plat and schedule of assessments to the County Treasurer of Johnson County, Iowa. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said final plat and schedule to the County Treasurer of Johnson County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Iowa City Press Citizen, a newspaper printed wholly in the English language, published in Iowa City, Iowa, and of general circulation in Iowa City, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the Clerk shall also send by certified mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication -3- AHLERS, COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE. LAWYERS, DES MOINES, IOWA GSo(fk) of the notice, all as provided and directed by Code Section 384.60, Code of Iowa. BE IT FURTHER RESOLVED, that the Clerk is directed to cer- tify the deficiencies for lots specially benefited by the improvements, as shown in the final schedule of assessments, to the County Treasurer for recording in the Special Assessment Deficiencies Book and to the city official charged with responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective properties under Code Section 384.63 for the amortization period specified by law. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement bonds may be issued and to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 30th day of July , 1985. ayor ATTEST: -4- ANLERS, COONEY. DORWEILER, HAYNIE, SMITN a ALLBEE, LAWYERS, DES MOINES. IOWA 661 CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the indi- viduals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indi- cated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 3o day of (2 , 1985. SEAL h� ' �� City Clerk, Iowa City, Iowa AMLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA SGMJU.E OF ASZMMN]'S FOR SANITARY SEIVER EXTENSION - 1985 Taft Speedway Sanitary Sewer Extension from N. Bubumte Street to 2,735 Feet West I. William P. E Jean R. Gilpin Lot 4, except the cast 105 feet thereof, in $ 86,470.00 $ 1,021.95 'tnt the ervace Plat of Survey in Goverment Lot 7, Section $ 399.30 743. 399.30 4, Township 79 North, Range 6 West of the S 1,421.25 TOTAL $1,142.77 TYITAL 5th P.M., according to the plat thereof recorded in Plat Book 3, Page 225, plat Records of Johnson County, Iowa. 2. 11elon G. Reichart The East Part of Lot 4 of the Stnthle Tract S 44,010.00 $ 817.56 $ 399.30 $594.77 5399.30 in Government Lot 7 of Section 4, Township $ 1,216.86 TOTAL $994.07 TOTAL 79 North, Range 6 (Vest of the 5th P.N., in -Johnson County, Iowa, as surveyed by J. C. h;atkins on Septnnher 24, 1929; slid lot being 105 Feet East and (Vest and 160 Feet more or less North and South; the South Bmmdary of said lot is the low watetmirk of the Iowa River. /, W -2- SQMWIn OF ASSES%IENIS FOR SANITARY SEIVER E%TENSION - 1985 Taft Speedway Sanitary Sewer Extension from N. Dubuque Street to 2,735 Feet !test ...._ PROPERTY ESTBIATED A.SSF_SS�1FUr atv�t 3. Guy J. Jr. E Ruth E. Smith The (Vest 100 Feet of the East 400 Feet of the following described premises, to -wit: Beginning at a point on the North line of Taft Speedway, a public highway running through Government Lot 7, Section 4, Township 79 North, Range 6 (Vest of the 5th P.N., which point is 1,255 feet South from the Northeast corner oa said Covenment Lot 7, thence South 85 02' (Vest 149.4 feet from a line between said Northeast corner and the Southeast corner of said Section from said described point thence South 85 02' {test 554.9 feet, thence South 67 U' !vest 262.8 feet, all along the Seuth lane of said Taft Speedway, thence South 23 46' East 119 feet, more or less, to the North water line of the Iowa River, thence east- erly along said raver line to a point which is South UI 15' Nest f6om the place of beginning, thence North 01 15' East 188 feet, more or less, to the place of beginning. S 62,960.00 S 7')1.85 $ 399.: $1,19.1.15 TOTAL -3- SCHED P OF ASSES%IEN S FOR SANITARY SENER ML-SION - 1985 Taft Speedway Sanitary Sewer Extension from N Wbunue Street to 2.73S -Feet Nest 4. Roy L. 4 Rose Marie Scott The Fast 100 Feet of the Nest 200 Feet of the East 400 Feet of the following described Premises, to -wit Beginning at a point on the North line of Taft Speedway, a public highway running through Government Lot 7, Section 4, Tomship 79 North, Range 6 Nest of the 5th P.M., which point is 1,255 feet South from the Northeast comer og said Government Lot 7, thence South 85 02' Nest 149.4 feet from a line between said North- east corner and the Southeast corner of said Section 4;o from said described point thence South 85 02' Nest 554.9 Feet; thence South 670 14' Nest 262.8 feet, all along the Southlineof said Taft Speedway; thence South 23 46' Fast 119 feet, more or less to the North water line of the Iowa River; thence Easterly along said river line to a point which is South 010 15' West frog the place of beginning; thence North O1 15' East 188 feet more or less to the place of beginning. $ 55,690.00 $ 744.85 $ 399.30 $578.25 $399.30 $1,194.15 TOTAL $977.55 TOTAL -a - SC11FDULE OF ASSESSPONfS FOR SANITARY SEIPER EME,1SION - 1985 Taft Speedway Sanitary Sewer Extension from N. Dubuque Street to 2,735 Feet (Pest NMS DESCRIPTION PROPERTY ESTDINTFD ASSESSIENf FINAL VALUE Trm—T-Uin------ ee ce ASSES9 NP Trunk Line Service S. Leo E. g Mary M. Chopek Beginning at a point on the South line of S 69,650.00 $ 3,49-.33 51,197.90 $2,544.30 $1,197.90 Taft Speedway which point is 1,255 feet South $1.695.25 TOTAL $3,742.20 TOTAL of the Northeast corner of Government Lot 7 of Section 4, Township 79 North, Range 6 (Pest of the 5th P.M. and on line between the said Northeast comer and the Southeast corner of said Section 4; thence South 850 02' (Pest, 349.4 feet along said road line; thence South 010 15' West 154.fcet, more or loss, to the 10"a River; thence Easterly to a line which is 370 feet from and pnrallN to the IPSst line of the tract; thence North 01 15' East to a point on the South line of said Taft Speedway, which is 20.6 feet fro® the place of beginning; thence South 85 02' (Pest 20.6 feet to the place of beginning. 6. Richard B. 6 Beverly G. Wore Commencing at a concrete monument with a bronze cap on or near the East line of Section 4, Township 79 North, Range 6 West of the 5th P ?I., th6nce on an assumed bearing of North 09 21' East 85.4 feet to an iron pipe on the South line of Taft Speedway in Ina City, Iowa, god the place of beginning; thence North 81 411 Fast 104.25 feet along the South line of said Taft Spegdway to an iron pipe, thence South 00 25' East 261.5 feet more or less to the left bank of Iowa River, thence westerly along the left bank of Iowa River to a point of intersection with thS following course: thence North 00 25' Nest 251.4 feet more or less to the place of beginning. S 81,110.00 $ I,.;A5.3n S .199.30 $1,007.81 $399.30 $1.791.60 TOTAL $1,407.11 TOTAL -5- SCHEMM OF ASZW M^ FOR SANITARY SEVER MM SIGN - 1985 Taft Speed%W Sanitary Sewer Extension from N. Dubuque Street to 2,735 Feet Nest NnAn: nee............. PROPERTY ESTIMATED ASSESSMENT FINAL 7. Charles R. Elmquist Trust Commencing at a concrete non ment with a bronze cap on or near the East line of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thednce on an assumed hearing of North 09 21' List 85.4 feet to an iron pin on the South line of Taft Spaedway in Iowa City, Iowa; thence North 81 41' East 104.25 feet to an iron pipe on the South line of Taft Speedway and the placg of beginning; thence continuing, North 81 41' East 104.0 Feet to an iron pipe on the Sough line of Taft Spemblay; thence South 00 25' Past 305.4 feet more or less to the left bank of the Iowa River; thence Westerly along the left bank of the Iowa River to a point of intersection wibh the following course; thence North 00 25' Best 261.5 feet note or less to the place of beginning. $ 50,570.00 $ 1,544.27 $ 399.30 $1,943.5- TOTAL 8. Gerald W. Gerard Lot 22 in Idylwitd Subdivision of Part of $ 75,200.00 S 1,362.59 $ 599.30 $991.29 $399.30 Lot 1, Section 3, Township 79 North, $1,761.89 TOTAL $1.390.59 TOTAL Range 6 West of the 5th P.M. 9. Pagliai's Pizza Ltd. Lot 21 in Idylwild, being a subdivision $ 24,430.00 $ 1,521.56 .t 399.30 $1,106.94 $399.30 of a tract of land containing 12.21 $1,920.86 TOTAL $1,506.24 TOTAL acres on South side of Lot 1, Section 3, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in Plat Book 1, Page 120, Plat Records of Johnson County, Iowa. -6- SINEI1l/1.E OF ASSESS MS FOR SANITARY SLIVER EMNSIOY - 1985 Taft SPeodway Sanitary Sewer Extension from N. Dubuque Street to 2,735 Feet Nest 10. Ocie A. E Janet E. Trimble Lot 20 in rdylwild, being a plat of J. J. Notz Subdivision of a tract of land containing 12.21 acres along Iowa River on the South side of Government Lot 1 in Section 3, Township 79 North, Range 6 Nest of the 5th P.N., according to the plat thereof recorded in Plat Book 1, Page 120, Plat Records of Johnson County, Tows, being that property owned by the grantors con- sisting of a strip of land approximately 80 feet in width, extending South from the South line of the Taft Speedway, Iowa City, Iowa, to the Iowa River. 11. Ocie A. E Janet E. Trimble The Nest 80 feet of the following described tract: Couluencing at the intersection Of the Southerly line of Taft Speedway with the Westerly line of for Der U.S. Highway 0218; thence North 88 37' (test along the Southerly line of Taft Speedway 805.4 feet; thence South 81° 411 Nest along the Southerly line of Taft Speedway 60.3 feet to said point of beginning. From the point of beginning thus located thence South 00 26' East 778.7 feet to the Northerly bank of the Iowa River; thence northwesterly along the northerly bank of the Iowa River 780 feet more or less, to the intersection of said northerly bank of the Iowa River with the Easterly line of Lot 20 in Idylwild, according to the plat thereof recorded in Plat Book 1, Page 120, Plat Records 8f Johnson County, Iowa; thence North 00 25' Nest along the East line of said Lot 20, 425.5 feet to the Southerly line of Taft Speedway; thence North 81 41' East along the Southerly line of Taft Sr dw¢ty 747.e fort ro the min, nF $ 86,450.00 $ 1,680.53 $ 399.30 $2,1179.8..3 TOTAL S 7,462.00 $ 1,862.21 S 0.00 $1.354.76 $0.00 $1,862.21 TOTAL $1,354.76 TOTAL -7 - SCHEDULE OF ASSESS ENTS FOR SANITARY SEVER EITENSICN - 1985 Taft Speedway Sanitary Sewer Extension from N. Dubuque Street to 2,735 Feet best 12. Bruce R. Glasgow A tract of land in Section 3, Township 79 $ 88,088.00 $21,983.20 $ 0.00 North, Range 6 (Vest of the 5th P.N., described $11,983.20 71T£AL as follmis: Commencing at the point of inter- section of the southerly line of Taft Speedway with the westerly lige of former Highway No. 218, thence Nor6h 88 37' West 805.4 feet, thence South 81 41' Nest 60.3 feet to the point of beginning, thence South 000 26' East 778.7 feet to the northerly bank of the Iowa River, thence Northwesterly following the bank of the Iowa River 7R0 feet; thence North 000 25' Hest 425.5 feet to fibe Smith line of Taft Speedway; thence North 81 41' East along the South line of Taft Speedway 747.9 feet to the point of beginning. Excepting the Ifest 80 feet of the above described tract. -8 - SCHEDULE OF ASSES ENM FOR SANITARY SEWER EXTENSION - 1985 Taft Speedway Sanitary Sewer Extension from N. RubMue Street to 2,735 Feet hest PROPERTY ESTI ATF.11 ASSFS4ffM FINAL 13. James P. Glasgow The Westerly 200 Feet of the following described $ 93.450.00 tract of irregular shape located in Section 3, Township 79 North, Range 6 West of the 5th P.M., to -wit: Cocnencing as a point of reference at the center of Section 3, Town- ship 79 North, Range 6 West of the Sth P.M., Iowa City, Johnson County, Iowa; thence West 817.5 feet along the South line of Goverment Lot 2 in the Northwest Quarter of said Section 3 to the point of beginning; thence North 060 20' 30" IPesr 253.96 feet to a point on the South ]Ane of Taft Speedway; thence North 88 37' West SASA feet to an iron pipe; thence South 81 41' West 60.A feet to an iron pipe; thence South 00 26' East 778.7 feet to the iota River Bank; thence Southeasterly along saAd Iowa River Bank 73 feet; thence North �i 16 22' East 23A.5 feet to an iron pin; theme North 58 16' East 26.8 feet to an iron pipe; thence North S4 04' East 262.9 feet to the point of beginning on the South side of said Govc=ent Lot 2. S 7,380.72 S 0.00 S 7,3RO.72 TOTAL 14. -9. SCIEDIUM OF ASSESSMENIS FOR swrui r smm mcreLSloN 1985 WJE DESCRMIGN James P. Glasgow Commencing as a paint of reference at the center of Section 3, Township 79 North, Range 6 West of the Sth P .�I., lowa City, .Johnson County, Iowa; thence West 430.9 feet along the South line of Covermnent Lot 2 in the Northwest (furter of said Section 3 to a point of intersection with Lite forcer westerly right-of-uvy line of North Dubuque Street;thence continuing West 386.6 foot along the South line of said Covertmmnt Lot 2 to the paint of beginning; thence South 54° 04' Nest 262.9 feet; thence Soath 58 16' West 326.8 feet; thence South 16 22' West 233.5 feet to the northerby bank of the Iowa River; thence South 76 07' 18" Fast, 159.4 feet along the northerlx bank of the Iowa River; thence North 34 19' SO" East 712.7 Feet to the point of beginning. $ 19,717.00 $ 4,928.05 S 0.00 $3,s8s.ls SO 00 $I,!12H.n5 TOTAL 83,585.15 Tom -10- SOMILE OF ASSESSMENTS FOR SANITARY SEWER EXIENSION - 1985 L N. Dubuque Street to 2-735 Feer Wncr NAME DESCRIP17I0Nc0tuwtttu Nbtbbml if FINAL - VALUE Tn the ervtce ASSEST MUr 15. Bruce R. E Florence Glasgow All of the following described tract of irregular shape located in Section 3, Township 79 North, Range 6 Pest of the Sth P.M., except the Westerly 200 feet thereof, to -wit: Conmeneing as a point of reference at the center of Section 3, Township 79 North, Range 6 West of the Sth P.M., Iowa City, Johnson County, Iowa; thence Best 817.5 feet along the South line of Goverment Lot 2 in the Northwest Quarter of said Section 3 to the point of beginning; thence North 060 20' 30" (Vest 253.96 feet to a point on thS South line of Taft Speedway; thence North 88 37' IVest 555.4 feet to an iron pipe; thence South 810 41' West 60.3 feet to an iron pipe; thence South 000 26' East 778.7 feet to the Iowa River bank; thence Southeasterly along s td Iowa River bank 73 feet; thence North 16� 22' Eagt 233.5 feet to an iron pin; thence North 58 16' past 328.8 feet to an iron pipe; thence North 54 04' East 262.9 feet to the point of beginning. $ 37,128.00 $ 9,265.64 9 0.00 S 9,265.64 TOTAL -11 - SCHEDULE OF ASSESSMENTS FOR SANITARY SE1tER ERIENSIO*1 - 1985 l N. Dubuque Street to 2.735 Feet Wesr h4.11EDESCRIPTION —..1• ear lnM W na nhMk4Y1" FINAL — VALUE T inn ery ce ASSESSMENT 16. William K. lbas, Comencing at the Southeast corner of the Robert G. Shellody, Northeast Quarter of Section 4, Township 79 Earl M. Yoder, North, Range 6 West of the 5th P.M., thence Robert G. Barker, North 09 21' East 85.4 feet to an iron pipe Dean Oakes, on the South line of Taft Speedway in Iowa City. R. F. Wombachor Iowa; thence North 096 06' West 60.0 fret to an iron pipe on the North line of said Taft Speedwa nand the place of beginning; thence North 81 41' East 498.17 feet to an iron pipe on said Nobth line of Taft Speeahaay; thence North 01 24' West 682.24 feet to the Southwesterly right-og-way line of Foster Road; thence North 80 29' 45" West 325.24 feet along said Southwesterly right -$F -way line of Foster Road; thence North 84 38' (test approxunately 170 feet to an iron pipe on the SButb line of said Foster Road; thence South 81 14' West 225.7 to an iron pipe on the South line of Foster Road; thence South 65 34' (fest 506 feet to an iron pipe on the South line of said Faster Road; thence South 01 24' East 666.5 feet to an iron pipe on the Norreh line of Taft Speedway; thence North 83 30' East 690.9 feet to the place of beginning. s189,098.on $1',191.21 $ 266.20 $7',457.41 TOTAL -12- SQfiMtU OF ASSFSKIIEN S MR SANITARY SEIPER EIITENSION 1985 WIE DESCRIPTION PROPF:O71 VALDE T --N .Tn ---"�j Tce A45FS, b 17. Evangelical Free Church of Coralville, Iowa Cmaencing at the Southeast corner of the Northeast Quarter of Section 4, Township 79 North, Range 6 West of the 5th P.M., thence North 09 21' East 85.4 feet to an iron Pipe found on the southerly line of Taat Speedway in Iowa City; thence North 09 06' !Vest 60.0 feet to an iron pipe found on the Northerly line of said Taft Speedway; thence North 81 41' East, along said Northerly line, 498.17 fe&t to the Point of beginning; thence North 81 41' Fast 766.13 feet; thence South 880 59' 38" East 298.70 feet; thence North 490 57' 33" [Vest 200 feet; thence South 890 59' 38" East 250 feet to e point on the Southwesterly right-of-wayo line of Wbuque Street; thence North 49 57' 33" Nest, 497.47 feet along said Southwesterly right-of-way line as established by candeonation proceedings of the City of Iowa City, Iowa on file with the Office of the Johnson County Clerk of Court, Civil Case No's. 40901 and 40900, to an irAn right -of -ray rail found at station 2001 • 25 which is 70.00 feet norn lly distant Southwesterly of the cencerliae of relocated Foster Road; theme North 80 29' 45" Nest, along the Southwesterly right-of- way line of saig Foster Road, 800.37 feet; thence South 01 24' East 681.4 feet to the point of beginning. $109,200.110 527,251.90 $ 399.30 $19,825.72 $399.30 $2`.631.20 TOTAL $20,225.01 TOTAL SCiff.01R.E OF ASSE %E= FOR SANITARY SISVER EXTENSION - 1985 ?'¢ DESCRIFITON _ r.rm'i esi]MILD ASSESS• VALUE T — - the orvtce ASSESS4M 18. William K. Maas, Robert G. Shellady, Comencing at the Southeast corner of the Northeast the rvi S 7,371,00 S 1,839.55n S 0.00 $1,338.24 50.00 Earl N. Yoder, Quarter of Section 4, Toimship 79 North, Range 6 (Vest of the 5th P.M.; $1..439.50 TOTAL $1,338.Z4 TOTAI Robert G. Harker, thence North 090 Z1' East 85.4 feet to an iron Dean Oakes, pipe found on the Southerly line of Taft R. F. Wombacher SpSeduay in Iowa City, Iowa; thence North 09 06' Nest 60.0 feet to an iron pipe found on the Northerlx line of said Taft Speedtmy; thence North 81 41' East along said Nobtherly line, 1,264.3 feet; thence South 88 37' Fast 298.7 feet to the point of beginning; thence Sough 88° 37' East 219.5 feet; thence North 49 57' 33" Nest 200.0 feet; thence North 890 59' 38" Nest 250.0 feet; theme South 490 57' 33" East 200.0 feet to the point of beginning. SCHEDULE OF ASSESS$IFNpS MR SANITARY SEWER EXTENSION - 1985 N�@1-1 DESCRIPTIONVALUE u . NN'cu XJ.lrJ.tia:wl Tnm 1'1NiL no rvtce ASSESSNENf Trunk Line Sentce 19. Mau Oil Congtany Qmnencing at the intersection of the North $ 728.110 E 181.68 S 0.00 $132.17 50.00 line of Taft Speedway with the Kest line of $181.68 TOTAL $132.17 TOrAL Dubuque Street, thence Northwesterly along the Kest line of Dubuque Street 200.0 feet to a point thence Westerly along a line parallel with the North line of Taft Speedway 250.0 feet to a point; thence Southeasterly along a line parallel with the Kest Iine of Dubuque Street to a point on the North line of Taft Speedway 250.0 feet Kest of aforesaid inter- section; thence Easterly along said North line of Taft Speedway to the point of beginning. Excepting therefrom the. following described tract: Comencing at the inter- soction of the North line of Taft Speedway with the Kest line of Dubuque Soret; thence Northwesterly along the West line of Dubuque Street 200 feet to a point; thence westerly along a line parallel with the north line of Taft Speedway 250 feet to a (mint; thence Southeasterly to a point on the North line of Taft Speedway 215 feet West of the point of beginning; thence Easterly to the point of beginning. Res. 85- avy July 30 , 1985 The City Council of Iowa City, Iowa, met in r session, in the Council Chambers, Civic Center, 41G E. Washington St., Iowa City, Iowa, at 7:30 o'clock p .M., on the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Absent: Erdahl -1- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES. IOWA 661 Council Member Dickson introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BONDS FOR IMPROVEMENTS" and moved its adoption. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Dickson, McDonald, Strait. ABSENT: Erdahl NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 85-244 RESOLUTION APPROVING CONTRACT AND BONDS FOR IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the construction contract and bonds executed for the construction of certain public improvements described in general as FY1986 Sidewalk Assessment Project, and as described in detail in the plans and specifications heretofore approved, and which have been signed by the Mayor and Clerk on behalf of the City and proof of insurance coverage be and the same are hereby approved as follows: Contractor: Wolf Construction, Inc. of Iowa City, Iowa Date of contract: July 17, 1985 Bond surety: ;Merchants Bonding Company (Mutual) Date of bond: July 17, 1985 Portion of project: All -2- AHLERS. GOONEY, DORWEILER. HAYNIE. SMITH a ALLSEE. LAWYERS, DES MOINES. IOWA PASSED AND APPROVED, this 30th day of July , 1985. ATTEST: -3- AHLERS, COONEY. DORWEILER. HAYNIE, SMITH B ALLBEE. LAWYERS, DES MOINES. IOWA �' 4 9 CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the indi- viduals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indi- cated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS myhand and the seal of said Municipality hereto affixed this � day of , 1985. SEAL Cit9P Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 1n 71) RESOLUTION NO. 85-245 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT FOR JOINT EXERCISE OF LAW ENFORCEMENT AUTHORITY. WHEREFORE, the City deems it in the public interest to establish a procedure whereby the law enforcement agencies in the Iowa City/Johnson County area may call upon one another for law enforcement assistance under certain circumstances, and WHEREFORE, the City has negotiated a 28E Agreement, a copy of which is attached and incorporated herein, with the University of Iowa, Johnson County, Iowa, and the City of Coralville, Iowa, which formalizes the operational practices of the law enforcement agencies of the four juris- dictions for the joint exercise of law enforcement authority in spontane- ous situations and situations of organized civil disobedience or mass disturbance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized and directed to execute and the City Clerk to attest said 28E Agreement for Joint Exercise of Law Enforcement Authority. 2. That upon execution by all parties, said 28E Agreement be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS X X X Passed and approved this 30th day of U117 ULtKN ABSENT: AMBRISCO BAKER DICKSON X ERDAHL MCDONALD STRAIT ZUBER July 14stF_ Reeehred & Appmved By The Legal Department 'I 17 8 AGREEMENT FOR JOINT EXERCISE OF LAW ENFORCEMENT AUTHORITY This agreement is made pursuant to Chapter 28E of the Code of Iowa (1985) between any and all of the following: Johnson County, Iowa; the City of Iowa City, Iowa; the City of Coralville, Iowa; and the University of Iowa. This agreement is subordinate to the agreement entitled EMERGENCY OPERATIONS BOARD which was entered into by the parties to this agreement and the Iowa Depart- ment of Public Safety and became effective on April 1, 1972. The effective date of this agreement shall be August 15, 1985. This agreement shall remain in effect for one year and shall continue in effect from year to year unless one of the parties prior to August 15 of any year gives written notice to the other parties of termination of participation by that party in which case said notifying party shall be deleted from further operation of the agreement. The purpose of this agreement is to establish a procedure whereby any of the parties to the agreement may call upon one or more of the other parties for law enforcement assistance. Pursuant to this purpose, the parties agree to the following: 1. In spontaneous situations (e.g., fires, accidents, altercations, natural disasters, criminal investigations, etc.) assistance from any of the parties' law enforcement department may be requested and response to the request may be made by the senior departmental law enforcement officer on duty or, in the absence of more senior departmental officers, by the shift commander. 2. In situations of organized civil disobedience or mass disturbance or in situations which may be prolonged or have budgetary or scheduling implications, authority for requesting assistance and for responding to a request for assistance shall reside in the Sheriff of Johnson County, the City Manager of Iowa City, the Mayor of Coralville and the Vice President for Finance and University Services or his or her designee for their respective jurisdiction. 3. When assistance for a joint law enforcement operation is provided under this agreement, command responsibility of the law enforcement activity shall be the responsibility of the agency which requested assistance and the command law enforcement officer of the requesting agency shall organize and direct the activities of all peace officer personnel who are engaged in the joint law enforcement activity. 4. The personnel authorized to provide assistance to a party under terms of this agreement shall have the same powers and authority as the members of the law enforcement department to which they are providing assistance. 5. It shall be the responsibility of each party to this agreement to provide compensation and appropriate insurance for its own personnel who may suffer injury, disability or death in the performance of official duties while assisting another law enforcement agency under terms of this agreement. L 7.9- z 6. It shall be the responsibility of each party to this agreement to pay for repairs and maintenance on cars and other equipment used by their own personnel while assisting another law enforcement agency under terms of this agreement. However, it shall be the responsibility of the request- ing party to pay for damages to cars and equipment loaned to it by another party to the agreement when such cars and equipment are not under the direct control of personnel of the party owning them. 7. The command officer shall notify the shift commander of the assisting department when the joint law enforcement is concluded and command of personnel shall revert to the separate departments. 8. Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. By : JOHNSON COUNTY, IOWA Attest: Date: �°.' 1", , 1985 CITY OF IOWA CITY, IOWA Date: 1985 Reeelved & Approved By The Legal Deparhmnt 0 105 By: Atte UNIVERSITY OF IOWA Date: �. , 1985 cil CITY OF OR B y: ( . kllW&?✓ISI Attest: —� Date: 1985 S �n 73 RESOLUTION NO. 85-246 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH EVENSEN DODGE, INC. FOR FINANCIAL ADVISORY SERVICES. WHEREAS, the City of Iowa City desires assistance in bond and note financing and other areas of financial planning and management, and WHEREAS, proposals were received from firms interested in providing financial advisory services for the City's general financing needs, and WHEREAS, the selection committee recommends that Evensen Dodge, Inc. be appointed as the City's Financial Advisor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager be authorized to negotiate and execute the Financial Advisory Agreement with Evenson Dodge, Inc., and the City Clerk be directed to certify the said agreement. It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were. AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 30th day of July /j, 119985. (s<J O'/lcct & ATTEST: nj ) 4 � CITY -CLERK Racelved at Approved BY Th Legal Deparhn nt z 6-, j, RESOLUTION NO. 85-247 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GEORGE K. BAUM & COMPANY AND BOETTCHER & COMPANY, INC. FOR FINANCIAL ADVISORY SERVICES FOR THE WASTEWATER TREATMENT FACILITY PROJECT. WHEREAS, the City of Iowa City desires to retain a financial advisor to review and analyze the financial options prepared by the Metcalf & Eddy Project Team, to advise the City on financial conditions and other options which may be available, and to develop a financing plan for the City for the final proposed wastewater treatment facility project, and I WHEREAS, proposals were received from firms interested in providing financial advisory services for the project, and WHEREAS, the selection committee recommends that the team of George K. Baum & Company and Boettcher & Company, Inc. be appointed as the City's Financial Advisor for the Wastewater Treatment Facility Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager be authorized to negotiate and execute the Financial Advisory Agreement with the Baum and Boettcher team, and the City Clerk be directed to certify the said agreement. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson Erdah 1 X McDonald X Strait X Zuber Passed and approved this 30th day ATTEST: -ft" • ;eZ.-J CITY -CLERK 1985. Received & App*ovtd By T. Legal Llepadnimt 7 z; Y-)1 675 RESOLUTION NO. 8S-248 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Marcene Kleese at 2300 Muscatine Avenue (Sticker No. 86-000873) in Iowa City, Iowa, has surrendered cigarette permit No. 8S-115 , expiring June 30 ,19 86 , and requests a refund on the unused portion therof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette (Sticker No. 86-000873) permit No. 85-115 , issued to Gas Company Inn, The be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Marcene Kleese as a refund on (Sticker No. 86-000873) cigarette permit No. 85-115 It was moved by Baker and seconded by Strait that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 13th day of August ,19 85 MAYOR 4 !em RESOLUTION NO. 85-249 RESOLUTION TO REFUND CIGARETTE PERMIT_ WIIEREAS, The Annex, Inc. at 819 1st Avenue (Sticker No. 86-000798) in Iowa City, Iowa, has surrendered cigarette permit No. 85-31 , expiring June 30 thereof, now therefore, , 19 86 , and requests a refund on the unused portion BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette (Sticker No. 86-.000798) permit No. 85-31 , issued to The Annex, Inc. be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 payable to Ted McLaughlin Sticker No. 86-000798) as a refund on cigarette permit No. 85-31 It was moved by Baker and seconded by Strait the Resolution as read be adopted, and upon roll call there were: A PAf ULBA SEN ; that Ambrisco X Raker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 13th day of August 1985 Mayor Pro tem Attest: RESOLUTION NO. 85-250 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 or liquor control license, to wit: Loyal Order of Moose, Iowa City Lodge #1096 It was moved by Baker and seconded by Strait that the Resolution as read e a opted, and upon roll call there' were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 13th day of August , 19 85 Mayor ProIfem Attest: City Clerk RESOLUTION NO. 8S-251 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 or liquor control license, to wit: Pineapple Management Company, Inc. dba Holiday Inn --Iowa City, 210 S. Dubuque. It was moved by Baker and seconded by Strait that the Resolution as read e a opted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Baker X Dickson X Erdahl X McDonald Strait X Zuber X X Passed and approved this 13th day of August , 19 85 . ��- Z Mayor pro`fem Attest: 22�AA�,��� City Clerk 671 RESOLUTION NO. 8S -2S2 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CREEKSIDE NEI(nORH00D SIDEtVALK PROTECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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: I. 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 27th day of— August 19 85, 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Baker and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl _ X `icDonald X Strait X Zuber Passed and approved this 13thday of August , 19 85 . ATTEST: MAYOR pro fem CITY CLERK roved P.eceived E APP By the Legal DeF",imenf RESOLUTION NO. 8S- 2S3 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF TfIE SPRUCE STREET DP.AINlACE PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING 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 27th day of August 1985 , 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 less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Baker and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl _ X McDonald X Strait X Zuber Passed and approved this 13th day of August 19 85 . ATTEST: MAYOR Pro fen CITY CLERKp,P rovea Received & P 8Y Th • Legal Qepadmenl 6� RESOLUTION N0. 85- 254 RESOLUTION ACCEPTING THE WORK FOR THE GROUNDWATER CUT-OFF TRENCH, IOIVA CITY SANITARY LANDFILL WHEREAS, the Engineering Division has recommended that the improvements covering the Groundwater Cut -Off Trench Iowa City Sanitary Landfill as inc uded in a contract between the City of Iowa City and Sulzberper Excavating, Inc of Muscatine, Iowa dated May 7, 1985 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Baker and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 13th day of _ August 19 85. ATTEST:) � J ����W I T CLERK ��^ MAYOR Pro tan Rec_ly;-:d is Approved By Tha Legal Department i I11T 7185 -'"'T'r on RESOLUTION NO. 8S -25S RESOLUTION ACCEPTING THE WORK FOR THE ROCHESTER AVENUE RESERVOIR CONTRACT I -RESERVOIR WHEREAS, the Engineering Division has recommended that the improvements covering the Rochester Avenue Reservoir Contract I -Reservoir as included in a contract between the City of Iowa City and Preload Technology Inc. of Garden City, New York dated _Jul_, 1985 _ _ _, be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Baker and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x __ Baker x_ Dickson x Erdahl X McDonald _x __ Strait X Zuber Passed and approved this 13th day of August 19 85 ATTEST: 4,2de-l) ,� 7(_1AAJ CITY CLERK MAYOR Pro�fan Received & Approved By jhe Legal Department RESOLUTION NO. 85-256 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1985 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City wishes to allocate .$12,000 in CDBG funds to the Mary 0. Coldren Home for the purpose of making repairs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amendment to the 1985 Community Development Block Grant Program and Budget (more particularly described in Exhibit A hereof) is hereby authorized and approved. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 13th day of August 1985. —� AYOR Pre lef l ATTEST: b�A�-2,), CITY -CLERK Reeelved & Approved By he Legal D parhnenl 8 $s /00 N EXHIBIT A PROPOSED BUDGET AMENDMENT 1985 CDBG PROGRAM B -85 -MC -19-0009 AUGUST 13, 1985 F.11111,11113 �10011101614 PROJECT OR ACTIVITY BUDGET BUDGET amen e 6/26/85) General Program Administration $108,009 $1081009 Creekside Neighborhood Sidewalk Project $27,200 $27,200 Consolidated Services Facility for MECCA $50,000 $50,000 Goodwill Industries Renovation $205,335 $205,335 City Park Accessibility Project $35,000 $35,000 North Market Square Handicapped Play Area $3,000 $3,000 Longfellow Playground Equipment $2,400 $2,400 Shared Housing/Program Continuation $17,000 $17,000 Handicare, Inc. Transportation Van $13,350 $13,350 Miller/Orchard Neighborhood Park Acquisition/Additional Funding $60,000 $60,000 Improved Handicapped Accessibility to Mark IV/Willowcreek Neighborhood Center $3,500 $3,500 Housing Rehabilitation and Weatherization $180,000 $180,000 Housing Modifications for Low- and Moderate - Income Fragile Elderly - Elderly Services Agency Project $2,500 $2,500 Rehabilitation of the Domestic Violence Project Shelter $50,000 $50,000 Mary 0. Coldren Home Renovation Project -0- $12,000 Contingency $12,706 $706 TOTAL T7 -7T, M T771T-lm SOURCES OF FUNDS 1985 CDBG Entitlement Grant $732,000 $732,000 Unobligated Balance - 1984 CDBG Budget $25,000 $25,000 Program Income - Disposition of Parcel A-1 $13,000 $13,000 TOTAL $Trrlm TTTFIZU5 RESOLUTION NO. 85-257 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MARY 0. COLDREN HOME FOR AGED WOMEN TO MAKE REPAIRS TO THE RESIDENCE LOCATED AT 602 CLARK STREET. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to the elderly and handicapped people in Johnson County who are in need of housing/services which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City wishes to utilize such funds to contract with the Mary 0. Coldren Home for Aged Women for the purposes of making repairs to the residence located 602 Clark Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an agreement with the Mary 0. Coldren Home for Aged Women to make repairs. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 13th day of August 1985. MAYOR Pro tem ATTEST: CIT CLERK Received 8 Approved By The Legal D pa nt =I AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MARY 0. COLDREN HOME FOR AGED WOMEN FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE PURPOSE OF MAKING REPAIRS AND WEATHERIZING THE RESIDENCE LOCATED AT 602 CLARK STREET THIS AGREEMENT, entered into this 13th day of August , 1985, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Mary 0. Coldren Home for Aged Women, an Iowa not-for-profit corporation (herein referred to as "MOCHAW"), located at 602 Clark Street, Iowa City, Iowa; and WHEREAS, the City is the recipient of 1985 Community Development Block Grant (CDBG) funds granted by the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist MOCHAW in repairing and insulating the residence located at 602 Clark Street, Iowa City, Iowa, known a the Mary 0. Coldren Home. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART I 1.1. PURPOSE AND SCOPE OF SERVICES: MOCHAW shall complete the following projects in compliance with all applicable state and local building codes, in order to repair and insulate the residence located at 602 Clark Street, Iowa City, Iowa: A. Tuckpointing the entire exterior of the residence. B. Raising and supporting the front porch. C. Insulating the attic. D. Sealing the basement walls. E. Replacing/repairing basement windows. F. Repairing the remainder of the roof. 1.2. TIME OF PERFORMANCE: A. MOCHAW shall perform according to the following schedule: Program Element Deadline Contract for construction August 31, 1985 Begin construction September 15, 1985 Complete construction November 15, 1985 (includes consideration of weather conditions for exterior work) 2 B. This schedule is subject to change only by prior mutual agreement of both parties, in writing. 1.3. COMPENSATION AND METHOD OF PAYMENT: The City shall pay and MOCHAW agrees to accept in full no more than twelve thousand dollars ($12,000) for performance under this Agreement, as follows: A. Partial payments shall be made monthly based upon presentation of properly executed invoices and mechanics lien waivers for improve- ments completed to the City's satisfaction as listed in Section 1.1, Purpose and Scope of Services. B. Monthly reports detailing the Project's progress for the previous month as well as said invoices and lien waivers shall be due by the fifth day of the month. Reimbursement will be made to MOCHAW by the fifteenth day of the month for City -approved expenditures incurred during the previous month. C. Total of the above payments will not exceed $12,000. 1.4. TERMS AND CONDITIONS: A. The City shall assume no responsibility or liability for the work to be performed hereunder, nor for the maintenance, operation or program funding of the residence. B. MOCHAW shall use the $12,000 in CDBG funds only to complete the improvements detailed in Section 1.1, Purpose and Scope of Serv- ices, of this Agreement, and MOCHAW agrees that the following is an accurate and complete estimate of the costs to be incurred in said project: Project Element Estimate Tuckpointing exterior of the building $ 7,000 Raising and supporting the front porch and repairing/replacing basement windows 2,000 Insulating the attic 1,400 Replacing remaining 1/3 of the roof 1,000 Installing combination storm windows on the first floor (16 at $35.00/each) 560 Contingency 40 Total $12,000 C. MOCHAW shall, at its own expense, procure and maintain during the period of this Agreement, all risk property damage and liability insurance to be effective as of the start of the improvements project. Liability coverage shall not be less than $100,000 for bodily injury per person, $300,000 for personal bodily injury or death per occurrence, and not less than $25,000 for property U, 2.1. 3 damage. Proof of insurance shall be shown to the City by furnish- ing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa, together with a receipt showing payment in full of the premium. D. In the event MOCHAW ceases operation, sells the residence located at 602 Clark Street or locates its operations to another facility prior to September 1, 1990, MOCHAW shall pay to the City a prorated share of the $12,000. The prorated share shall be determined by deducting one-fifth of the $12,000 annually from the original $12,000 for each full year elapsed after September 1, 1985. E. Except as provided herein, the terms of this agreement shall be from the date of execution through August 31, 1990. PART II PERFORMANCE AND REPORTING: A. To the extent that funding is available, MOCHAW shall operate a facility providing shelter and board for approximately ten low and moderate income elderly residents until August 31, 1990, in a manner satisfactory to the City. B. MOCHAW shall direct all correspondence concerning this Agreement to the Office of the Iowa City Community Development Block Grant Coordinator, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. C. MOCHAW shall submit monthly reports describing the progress of the renovation activities to the Program Coordinator's office by the fifth day of each month until the completion of all renovations and expenditure of all CDBG funds disbursed under this Agreement. D. Upon completion of this repair project, MOCHAW shall submit quarterly reports by the fifteen day of January, April, July and October of each contract year. Quarterly reports shall include, at a minimum, statistics pertaining to the number and county of residence of persons using the facility. No reporting requirements shall extend beyond August 31, 1990. E. Not later than December 31, 1985, MOCHAW shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. 2.2. OTHER REPORTS, AUDITS AND INSPECTIONS: A. MOCHAW shall furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this Agreement within the time requested. ME B. During the term of this Agreement, at any time during normal business hours, at its office, MOCHAW shall make available to the City, HUD and/or the Controller General of the United States or their duly authorized representatives, all of MOCHAW's records with respect to this Agreement in order to permit examinations of any audits, invoices, materials, payroll, personnel records, conditions of employment and other data related to all matters covered by this Agreement. C. MOCHAW shall retain financial records, supporting documents, statistical records, and all other records pertaining to expendi- tures under this Agreement for a period of three (3) years from the termination of this Agreement. D. In the event that City contributions exceed $25,000 during fiscal year 1986, MOCHAW shall be subject to the auditing and reporting requirements specified in OMB Circular A-128 (Audit Requirements for State and local governments). 2.3. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-110 and OMB Circular A-122 (Cost Principles for Non-profit Organizations) shall apply to the use of funds disbursed under this agreement. The City shall provide MOCHAW with copies of said OMB Circulars, and MOCHAW hereby acknowledges receipt of said Circulars. 2.4. NON-DISCRIMINATION: No person shall be excluded from or facility on the basis of race, color, marital status, sexual orientation, source of income. A majority of however, be low and moderate income disabled persons in need of housing 2.5. EQUAL EMPLOYMENT OPPORTUNITY: denied the benefits of the MOCHAW creed, religion, national origin, disability, or public assistance prospective beneficiaries must, persons or elderly, handicapped or provided by MOCHAW. MOCHAW certifies it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa CityCode, Chapter 601A (State Civil Rights) of the Iowa Code and a all pp ,:%a Ie regula- tions of the United States Department and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, MOCHAW shall ensure that all contracts for work under this Agreement contain an appropriate equal employment opportunity state- ment. 2.6. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: The MOCHAW shall assist the City in complying with all applicable environmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. WE 2.7. LEAD-BASED PAINT POISONING PREVENTION: MOCHAW shall comply with the requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they may apply to the perform- ance of this agreement. 2.8. TERMINATION OF AGREEMENT FOR CAUSE: If MOCHAW fails to fulfill its obligations under this Agreement in a timely and proper manner, or if MOCHAW violates any of the terms, agreements or stipulations under this Agreement, the City shal1 thereupon have the right to terminate this Agreement by giving written notice to MOCHAW specifying the defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice and as such default or defaults are remedied within such grace period. In the event of such termination, MOCHAW shall reimburse the City the full amount of all payments disbursed under this Agreement. 2.9. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to rise herefrom. No member of the governing body of the City, nor officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement. 2.10. INTEREST OF MOCHAW: MOCHAW covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be performed under this Agreement. MOCHAW further covenants that in the performance of this Agreement, no person having such an interest shall be employed by MOCHAW. 2.11. ASSIGNABILITY: MOCHAW shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written approval of the City. 2.12. HOLD HARMLESS PROVISION: MOCHAW shall indemnify and hold harmless the City, it officers, employees and agents from all liability, loss, costs, damage and expenses (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any action based upon the performance of this Agreement. (91 IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 13th day of August , 1985. CIIT'Y OF IOWAA CCITY By • ayor pro lem Attest: Ate.^ City Clerk Received & Approved By The Legal D partmeni 88 ARgDFA DRE HOME NBy:v epresent tive Board of Trustees Attest: 69c;7, RESOLUTION NO. 8S -2S8 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY86 ASPHALT RESURFACING PROJECT WHEREAS, L. L. Pelling Co. has submitted the best bid of $ 230,139.33 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 L. L. Pellinc Co. , subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Strait and seconded by Ambrisco the resolution as read be adopted, and upon roll call there were: tha t AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl _ X 1,1cDona1d X Strait X Zuber Passed and approved this 13th day of August 19 85. MAYOR pio m ATTEST: , -) -,/ � CITY CLERK Received ✓3 Approved By The Legal Department 6 93 RESOLUTION NO. 85- 2S9 RESOLUTION AWARDING CONTRACT FOR THE SERVICE OF TOWING AND STORAGE OF IMPOUNDED VEHICLES TO HOLIDAY WRECKER SERVICE. WHEREAS, Holiday Wrecker Service has submitted the best proposal for a three year towing contract; and WHEREAS, it is in the public interest that the City of Iowa City, Iowa, (hereinafter the City), enter into a contract with Holiday Wrecker Service for towing service, a copy of which is attached to this resolution, to be effective as of September 1, 1985. NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City hereby accept Holiday Wrecker Service's proposal for towing service. 2. That the Mayor is authorized to sign and the City Clerk to attest the attached contract on behalf of the City. It was moved by Strait and -seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Baker X Dickson x Erdahl McDonald Strait X Zuber Passed and approved this 13th day of August 1985. MALIAN K. KARR, CITY CLERK MAYOR Pro tem Reeelvmd BY T6 ieg l 'QPproved Oe 9 �/ CONTRACT THIS AGREEMENT, made and entered into this 13th day of _ Auguct , 19 85 , by and between the CITY OF IOWA CITY, party of the first part, hereinafter referred to as the City and Holiday Wrecker , party of the second part, hereinafter referred to as the Contractor. WITNESSETH THAT WHEREAS, the City has heretofore caused to be prepared certain lists, specifications and proposal blanks, dated and filed the 6th day of August for towing and storage of abandon/ impounded vehicles and City owned vehicles. under the terms and conditions therein fully stated and set forth, and WHEREAS, said lists, specifications, and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform work specified. NOW, THEREFORE, IT IS AGREED: 1. That the City hereby accepts the proposal of the Contractor for the work and for the sums listed below: Rate sheets attached. 6715 4 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 of this contract: a. Specifications, including: (I) Notice to Bidders (2) General Specifications (3) Addendum kl b. Contractor's Proposal c. This Instrument 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 duplicate. ATTEST: azic sd -7 . � J Title (L&6 ATTEST: dki �- /,(J, Lj::�4- Title: Purchasing Agent OF I04lA CITY I WA By Title Mayor PN fl°n' CONTRACTOR By Title Recalved & APProved BY the Le9a! D Pa me nf In A. OFFICE. BUSINESS FACILITY AND MAIN STORAGE (See Technical Specification COST PAGES Paragraph 51: 1 -of 5 Location --.1•.1 - - :oral•rt11a. :ova S. A00ITIONAL STORAGE COMPOUNDS: —� (1) -cast _nd Avenue - Coralville (2) 214 10th St. E. - Coralville C. 00 YOU NAVE ANY CONNECTION, ASSOCIATION, AFFILIATION. OR FINANCIAL INTEREST IN AN AUTOMOBILE OR TRUCK REPAIR, PAINT SHOP, SALVAGE OR RECYCLING BUSI- NESS? (See Technical Specification, Paragraph ZZI YES: NO: r If Yes, (1) Name of Shop: Location: _ (2) Name of Shop: Location (3) Name of Shop: Location: 0. LIST ALL SHAREHOLDER (IF ANY) (See Paragraph 26) IF NONE, 50 STATE: (1J Jere A. Wissink (2) Ruth A. Wissink (3) (A) E. 00 YOU CARRY THE MINIMUM INSURANCE AS REQUIRED BY PARAGRAPH 17 YES: K NO: F. HAVE YOU INCLUDED YOUR NOTARIZED LETTER RE: PERFORMANCE BOND (See Paragraph a) YES: Y NO: Holiday Wrecker Service Inc. ) onpany Name) BY: �( u or Z presentative BATE: o8/06185 (Note: Must be signed by an officer of the company who can bind the company legally by his signature [See Instruction to Bidder, Paragraph 5].) 677 G. LIST AT LEAST THREE REFERENCES THAT foU -[AVE PROVIDED TOYING SERVICE FOR AT LEAST 7HE PAS1 _1NR ON A CONTINUOUS 3ASIS: (See Competency of 3,oder, Paragrapn a) 2 of 5 (1) Company/City: :nnnson ^ounty ;her,_ff•7 Dept. Manager /Contact; %ary Hughes (2) Company/City: Cicv of Coralville Police Dent. I: 338-7907 Manager/Contact: Don :walt Phone l: 354-1100 (3) Cwpany/City: Iowa State Patrol Manager/Contact: Lt. Fete Hall 1: 396-1944 H. LIST EQUIPMENT (TYPE, YEAR, MAKE, SERIAL NO., LICENSE NO,) THAT YOU WILL MAKE AVAILABLE TO PERFORM THIS CONTRACT, IF AYARDEO (See Technical Specifi- cations, Paragraph 5): YEAR. MAKE. TYPE OF VEHICLE 1985 Ford F350 w/Century Hydr. wheel lift 1984 Ford F350 w/Century Hydr. wheel lift 1979 Ford F350 w/480 Holmes 1978 Ford F350 w/440 Holmes 1976 Ford F350 w/475 Holmes Hvdr. w/lift 1976 Ford F350 w/480 Holmes 1976 Ford F350 w/440 Holmes 1971 Ford F350 w/440 Holmes 1970 Ford 8000 w/600 Holmes 1970 Dodge 70 Series Car Carrier 1975 Kenworth Semi Tractor 1979 Landoll 44 ft. Flatbed 1974 Fruehauf 40 ft. Flatbed 1968 Kenworth Conv. w/750 Holmes 1975 Mack C/o w/750 Holmes 1983 Jo -Dog Trailer assist Cranes also available 18 thru 35 Ton. SERIAL NO. LICENSE NO. IFOJF3713FKA51794 CW1824 1FDJF3710EPA30130 CV8783 F37SPF42524 CV6768 F37HCCA8424 CV6540 F37YCC54870 CV8894 F37MCC82155 CU7131 F37MLA41451 CV8885 F35YLL27331 CU7134 A81CUG61629 CV6394 D51FKOJ106379 CU7135 237436K KC6782 A679936 VB8348. MER402001 VB8699 111884 CU7049 FS785LST18604 CW0073 52 -no vin VB8189 Holiday Hrer --� ompany Name) BY: / (Authorized Representative) DATE: 08/06/85 (Note: Must be signed by an officer of the company who can bind the company legally by his signature (See Instruction to Bidder, Paragraph 5].) I. STATEMENT OF OOALFICATIONS ,See mineral SoecificatToni, Competency of 3idder. Paragraphs 5 and 6): doltdav :rocker iervice, :nc. is laeated it ]ll -:0th itreet cast in 3 of S :oraLvt::e :ndus=—.al ?art. .:e ^ave been _n :.`.e :owing ousiness for aver stxteen '+ears. This being mr my business ve ire oroiess:onal at it. Ralidav offers even servi.ce possible _ :he towing industry. Jur eeuipment is second to none, including scar: and large emirs. ]ver the years we have butt- our reputation in aerv:ce and equipment. .e currently provide service to all law enforcement agencies in the area, plus private sector. Holiday can handle any situation, it any given time. Our equipment includes eight small wrecxers, and three larger units. ::e also utilize in our operation, tractor, trailers, lowboys, enloader, roll -back flatbeds and for small loading situations a bobcat. :f a crane is needed, Holiday owns four hydraulic -inits, thirty-five ton down to a fifteen ton unit. Holiday owns atorage facilities at three locations, which are more than adequate to service this contract Holiday is a financially sound and dependable company. A member in good standing with the T.R.A.A. (Towing and Recovery Association of America), and also the T.R.?.I.,(Towing and Recovery ?rofessionals of :owa). All personel and staff at Holiday are dedicated to the towing industry. This is proven thru their everyday performance. Holiday Wrecker Service. Ine. (Company Name) BY: � /'z (Authorized Representative) DATE: 08/06/85 (Note: Must be signed by an officer of the company who can bind the company legally by his signature [See Instruction to Bidder, Paragraph 5].) Im v. mtu +uUK alts AMU=HARGES ;Prices Oid rust remain f.rm 'or the 'frit year of the Contract. any fee or change of charges nay be maoe Only On the anniversary ]ace of each year. 4 of 5 NOTE: he City of Iowa city ]oes not 7uarantee or imply any soec•f:c number of 'ors, ecc., that will occur during the life Of this contract. GROUP 1: Rates YOU bid for Group I aPPly to those vehicles that are :NOT owned by the city, but service performed is a result of a call Fran s City Police Officer. ArouP I will not apply to the City awned or leased vehicles which are included in Group II. GROUP I. CLASS A 810 PRICE STANDARD TOY ................................................ f :0.00 Wieel Lift::reckers........................................ MILEAGE OUTSIDE CITY LIMITS ....................... ........... f 1.60 MILEAGE OUTSIDE CITY LIMITS ON OOLLYS....................... f 1.60 WINCHING (First 1/2 hour) ................................... f :5.00 WINCHING (After First 1/2 hour) ............................. S 15.00 FIRE EXTINGUISHER ........................................... S 15.00 DOLLY CHARGE ................................................ f 12.50 DRIVE SHAFT R i R ........................................... S 10.00 TIRE OR WHEEL CHANGE ........................................ S 'o.00 STANDBY TIME (First 1/2 hour) ............................... i is.no STANDBY TIME (After First 1/2 hour) ......................... f is nn SHOW -UP FEE ...................... ........................... f �n nn GROUP 1. CLASS C: TOWING AND/OR RECOVERY BID PRICE FIRST HOUR (Per Unit) ....................................... f an nn AFTER FIRST HOUR (Per Unit) ................................. f on in GROUP I. STORAGE BID PRICE CARS, PICKUPS, MOTORCYCLES (Outside Storage) ................ S ; nn CARS, PICKUPS, MOTORCYCLES (Inside Storage - By Owner Request ONLY) ........................... S 7.00 TRUCKS, TRACTORS, HOUSE TRAILERS, TRUCK TRAILERS, BUSES, ETC. f 10.00 TRUCK TRACTOR TRAILERS ...................................... f 10.00 AFTER HOURS RELEASE CHARGE .................................. S 20.00 ------------------------------------------------- Holiday Wrecker Service, Inc. r2"'- (Company Name) ' BY: % J / (-u or zt�f eo Sep.esentat ve) DATE: 08/06/85 (Note: Must be signed by an officer of the company who can bind the company legally by his signature [See Instruction to Bidder, Paragraph 5).) K. 3I0 YOUR RATES AND LH"ti ] lrnces o'm muo� •ar •• — •^ -••� •• •- +�_' of the contract. Any fee or change of charges may be made only an the anniversary date of each year. 5 of 5 NOTE: The City of Iowa City does not guarantee or imply any specific numner of tows, etc., that will occur during the life of this contract. GROUP II: Rates you bid for Group II apply to those vehicles that are wined by the city, but service performed as a result of a call fron a City Police Officer or City employee. GROUP II. CLASS A BID PRICE STANDARD TOW ................................................ f 10.00 Wheel LiftWrecker............................................ :0.00 TRUCKS, TRACTORS, BUSES ..................................... s 60.00 MILEAGE OUTSIDE CITY LIMITS ................................. $ 1.60 MILEAGE OUTSIDE CITY LIMITS ON DOLLYS....................... f 1.60 WINCHING (First 1/2 hour) ................................... f 15.00 WINCHING (After First 1/2 hour) ............................. f 15.00 FIREEXTINGUISHER ........................................... f 15.00 DOLLYCHARGE ................................................ s 12.50 DRIVE SHAFT R s R ........................................... $ 10.00 STANDBY TIME (First 1/2 hour) ............................... $ 15.00 STANDBY TIME (After First 1/2 hour) ......................... $ 15.00 SHOW -UP FEE .......................... $ 20.00 GROUP II. CLASS C: TOWING AND/OR RECOVERY BID PRICE FIRST HOUR (Per Unit) ....................................... s 90.00 AFTER FIRST HOUR (Per Unit) ................................. $ 90.00 Hol idav Wrecker Service Loopany Name) CAutnorIZeO Kepresentative) DATE: 08/06/85 (Note: Must be signed by an officer of the company who can bind the company legally by his signature (See Instruction to Bidder, Paragraph 5].) / 0/ RESOLUTION NO. 85-260 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 or liquor control license, to wit: The Highlander Inn $ Supper Club, 2525 N. Dodge It was moved by Strait and seconded by Ambrisco that the Resolution as read e a opted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait x Zuber X Passed and approved this 27th day of August , 19 85. Attest: Toa RESOLUTION NO. 85-261 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: Campus Standard Service, 102 E. Burlington It was moved by Strait and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber AYES: NAYS: ABSENT: X X FA X X X X Passed and approved this 27th day of August 19 85 Attest: City Clerk 7D3 Council Member Strait introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was AYES: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 85-262 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $4,700,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose pro- ject as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- AN--. Coone,, D —?er. Haynie, 5m1th & Allbm lawyers, Des Moines, I- 114611 Section 1. That this Council meet in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 o'clock p M. , on the 10th day of September 1985, for the purpose of taking action on the matter of the issuance of $4,700,000 General obligation Bonds for an essen- tial corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of construction, reconstruction or repair of street improvements, sidewalks, alley pavement, sanitary sewers, storm sewers, culverts and facilities for the collection and disposal of sur- face waters and streams and bridges; construction of sanitary sewage pumping facilities; opening and extending of streets; improvement to the municipal waterworks by the construction of water storage facilities; and extending and improving the established municipal airport; and the acquisition of land needed for the foregoing purposes. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- Ahlers, Cmncy, Domeile5 Haynie, Smith 8 Allbee, lawyers, Des Manes, Iw.a /yD5 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY AND THE HEARING ON THE ISSUANCE THEREOF. PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 10th day of September, 1985, at 7:30 o'clock p.m., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $4,700,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of construction, reconstruction or repair of street improvements, sidewalks, alley pavement, sanitary sewers, storm sewers, culverts and facilities for the collection and disposal of surface waters and streams and bridges; construction of sanitary sewage pumping facilities; opening and extending of streets; improvement to the municipal waterworks by the construction of water storage facilities; and extending and improving the established municipal airport; and the acquisition of land needed for the foregoing purposes. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and consid- ered, the Council will at this meeting or at any adjournment thereof, take addi- tional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 27th day of q,lgilsr 1985.\\ /l 5(� �� MARIAN K. KARR CITY CLERK OF IOWA CITY, IOWA 7n/ PASSED AND APPROVED this ATTEST: August , 1985. —5— Ahlers, C.., Dorweile, Haynie. 5mitl & Allbee, lawyers, Des Moines, Iowa 7D I RESOLUTION NO. 85-263 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CREEKSIDE \TEIGHBOR11O0D SIDBYALK PROTECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each of the above-named project shall be in the amount of 100 Treasurer, City of Iowa City, Iowa. bid for the construction payable to 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 17th day of Se 19�. Thereafter, the bids will be opened by the City Engineer or his esignee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 24th day of September , 19 85. It was moved by Baker and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X NtDonald X Strait X Zuber Passed and approved this 27thday of ATTEST: 4�7(",., CITY CLERK t , 1985 . +`a atvau & Approved Dy X z1 Dapaz nt_ d l �J Z)g RESOLUTION NO. 85-264 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SPRUCE STREET DRAIDACE PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10a payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 17th day of Sentember , 19 85. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 24th day of September , 19 8S. It was moved by Strait and seconded by Ambrisco resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Pas ATTEST: that the roved � � 11) 9 The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the FY1986 Alley Paving Assessment Project, in accordance with the plans and specifi- cations therefor. Council Member Ambrisco moved and Council Member Baker seconded the motion as follows: X To adopt the following resolution Making Award of Contract(s) To defer bids for later consideration and action to a meeting to be held on the day of , 1985, next, at o'clock M., at this meeting place, with jurisdiction retained over all bids received. The roll was called and the vote was, AYES: Dickson. Erdahl. McDonald, Strait Zuber. Ambrisco. Baker. NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 85-265 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Metro Pavers, Inc. of Iowa City. Iowa , in the amount of $43,271.76 for the construction of the FY1986 Alley Paving Assessment Project, described in the plans and specifications heretofore adopted by this Council for said -2- Ahlen, C. . Ha .r , Smith & AM,, lawyers, Des Moines, Iowa 7/O project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and Clerk are hereby directed to execute each contract awarded above for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND APPROVED, this 27th day of August , 1985. ATTEST: I/ i..... . .. -3- Ahlers, Coolly, pon eilet Hamt RMh 6 Allbee, L . m Des Moines, Iona 7// RESOLUTION NO. 85-266 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING AND THE OFFICIAL STREET CON- STRUCTION PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1985. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Official Financial Report for City Streets and Parking and the Official Street Construction Program Project Status Report for the period beginning July 1, 1984, through June 30, 1985, be approved. It was moved by Erdahl and seconded by Dickson that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 27th day of August 1985. ATTEST: hj�11J 1�. 7ellz . � CIT CLERK Pecelved & Approved Fly 1%0 al De rl�wnf iia RESOLUTION NO. 85-267 RESOLUTION CERTIFYING UNPAID REFUSE CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Sections 15-6, Code of Ordinances of the City of Iowa City, Iowa, provided that the City Council may certify unpaid refuse charges to the county auditor for collection in the same manner as a property tax; and WHEREAS, there exists unpaid refuse charges for the owners and properties, and in the amounts, specified in Exhibit A, attached to this resolution and by this reference made a part hereof; and WHEREAS, the Council finds that each property owner has received a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution at which time the property owner could appear before the Council during the discussion period for this resolution and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Clerk is hereby authorized to certify the unpaid refuse charges as stated in Exhibit A attached, to the auditor of Johnson County, Iowa, for collection in the same manner as a property tax. It was moved by Strait and seconded by Rrdahl the Resolution be adopted, and upon ro call there were: Passed a ATTEST: AYES: NAYS: ABSENT: AMBRISCO N_ BAKER N DICKSON X ERDAHL y MCDONALD y_ STRAIT X ZUBER ReaLlved 3 Approvod llV TCT Legal, DeyxrInent R Ib $5 ho 7/3 001-916-00 Address: R.R. 6, Box 37 Sand Road Refuse: 35.00 Owner: Lillian & Margaret Kuenster Legal Descrip.: Gov. Lot 4 Sec. 22-79-6 Bldg. on leased ground; land owned by Charlie Showers Parcel #60323 001-922-00 Address: 1610 Waterfront Drive Refuse: 35.00 Owner: Duane W. & Louise D. Lewis Legal Descrip.: Beg. 137.4' E & 112' N of SW Cor. SE 1/4 Sec. 15-79-6 on East Side Rd. E 90' N 60' S 60' to Beg. Parcel #58583 001-937-00 Address: 600 Taft Speedway Refuse: 35.00 Owner: Jack I. Young Legal Descrip.: 1 5A per Survey Book 6, Gov. Lot 6, 14-79-6 Parcel #63627000 001-960-00 Address: R.R. #6, Box 582 Refuse: 35.00 Owner: Bruce Glasgow, John R. and Boyd Rummelhart Legal Descrip.: S 223' W 110' E 143' W 10.73 Chains SW 1/4 NE 1/4 Sec. 4-79-6 N of Hwy. 563 AC M/L Parcel #56390 001-981-00 Address: R.R. #6 Refuse: 113.00 Owner: Cliff Hestness Legal Descrip.: Gov. Lot 4 Sec. 22-79-6, Bldg. on leased ground; land owned by Charlie Showers Parcel #57101 001-996-00 Address: R.R. 4, Box 49 Refuse: 35.00 Owner: Max Yocum Legal Descrip.: Bldg. on leased ground located on Showers property Parcel #59502 7/191 RESOLUTION NAMING DEPOSITORIES 85-268 Iowa Official Form No, 697 Section 453.2 of the Code BE IT RESOLVED by the City Council of (Irian her. board of Onermsors, town smp trustee,, roam o, school aIrectors, city council 1, or o0er 9ovamice body) City of Iowa City,in Johnson County, Iowa: That we do hereby designate (insist here county, township, undo, dlsord, city, or oher po)lneal subdivision) the following named banks to be depositories of the _ _ City of Iowa City (Ireart here county, township, school district, city, or other dolltlO) subdivision) funds in amounts not to exceed the amoune named opposite each of said designated depositories and the City Treasurer is hereby authorized to deposit (Invert rete county treasurer, townmlp Clark,sCnool district tmasur.r, CIH trees ....... .mer legal etuniolan) the City of Iowa City funds in amounts not to exceed in the aggregate the nmert here county, township, school district, city, or other political mbalvlsio amounts named for said hanks as follows, to -wit: Maximum Deposit Mambnuce Deposit NAME OF DEPOSITORY LOCATION in effect under prior under thb resolution resolution First National Bank 204 E Washington is 8,000,000 I s 81000,000 Hawkeve State Bank 229 S Dubuque is 8,000,000 j s 1,250,000 Iowa State Bank & Trust 102 S Clinton is 8,000,000 s 8,000,000 Hills Bank Highway 6 is 8,000,000 1 s 8,000,000 Americal Federal Savings 1930 Lower Muscatir i s 8,000,000 Road The vote on the cre.1mion is as follows: AYES: McDonald Alnbrisco Erdahl NAYS: Dated at Iowa Fity y ,>Wa, this27_ 7 h day of August , 19 85 SEAL il�/!/�C/Y ./l/f2G�CYL ivinneA.ari 'n 9.n�.✓ YOR T oxN3¢ca. cm,k.s NOTE: Th oregoing resolution should be certified or d.11%.ee m the Treasurer of Seate, after approved by him, his Finding will be endorsed on one copy, wM1i will be returned to the proper officer for his IVa. held vin `on the453.1 hands Do( the following officers or institutions shall be deposited m banks as are rust approved by the apPmpru[e governing body s Indicated: For the t foer of main, by the executive council; for the county int recorder,a uditor, sheriff, township clock, clerk of the district court, and judicial maps trate, by the board of supervisors; for the city treasurer, by the city council; for the county pubic hospital or merged area hospital, by the board of hospital trustees; for a mcnt.fol hos- cprasna]3na pital commission; for a school corporation, by she bead of school directors; provided, how. ever,asum thus rhe trcr of mse and the not. Suffer Of each political subdivision shall Invest all funds no, needed for enforce operating ex uin rine certificates of deposit in banks iss [edas approved deposieerics punuant to this chapter or in investments permitted by section 452.10. The list of public depositories and the amounts severally deposited themin shall be a matter of public rimed. The term 'bank' means a back or a private bink, as deftmd in section 524.103. Section 453.3 hcleac, rondin.nally p.m - hinted. Th amount P mi ted to be depositedin a named bank shall not be to rased except with the approval of the nes sur ofit... Section 454.6 Duty of re,na...r. It shall be she door otherof 0fre neol cul offices designated by serves,eczy council, and township clerks of the wry to keep on file with the county em - sister a list of such depositories. Received 8 Approved By The L_yal De rmen _� �iilk r RESOLUTION NO. 85-269 RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE THE DEPOSIT AGREEMENT AND THE DEPOSITORY FEES AGREEMENT WITH THE DEPOSITORIES AUTHORIZED BY THE CITY COUNCIL. WHEREAS, the City Council"authorizes, by resolution, the designation of depositories and the amount of deposits allowed to be placed at each institution; and WHEREAS, the City is required by the State of Iowa to enter into a Deposit agreement with each institution receiving City monies above the federally insured amount of $100,000.00; and WHEREAS, the City additionally requires that each approved depository enter into a Depository Fees Agreement with the City of Iowa City which requires that any and all fees and revisions thereto to be charged are identified and given to the City in writing thirty days prior to the implementation of such fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the Director of Finance is the public officer hereby authorized to execute the Deposit Agreement and the Depository Fees Agreement, respective copies of which are attached hereto, and are incorporated herein by reference. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS:- ABSENT: X —x— X X X X X Passed and approved this 27th day ATTEST: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER August , 1985 that Received & Approved By The Legal Dep rtment 7/�1 Utk'VJi l AhKttMtN I THIS DEPOSIT AGREEMENT is made this by and between Iowa (Depositor), and (Depository). day of of W owa 1. In consideration of the mutual promises contained herein and other good and valuable consideration. the parties hereto agree as follows: 2. Depository shall receive and safely keep all public funds of Depositor that may be deposited by Depositor or its duly authorized officer. and shall reimburse and pay the funds to Depositor or its duly authorized officer. or any person lawfully entitled to receive the public funds. whenever requested or upon maturity. as the case may be. 3. Depository shall pay interest on the public funds which are placed in time or savings deposits at rates equal to or greater than those sat by the Iowa rate setting guidelines referred to in Chapter 453 of the Iowa Code. Depository may assess a service charge with respect to the handling of deposits of public funds placed by Depositor. provided such charges shag not be greater than charges the Depository customarily requires from other Depositors lir similar services. Ag such fees. if any. will be noted accordingly on the monthly statement provided to Depositor and shall be due and payable upon receipt thereof. 4. Depository shall at all times maintain a true and complete account of all public funds deposited by Depositor and render to Depositor monthly statements thereof. Depostory shall at all times honor and pay all proper checks, warrants, orders. or drafts of Depositor up to the amount of public funds &,posted in Depository provided all checks, warrants, orders. or drafts are properly executed according to this Deposit Agreement. and comply with the tents of the respective account agreements between Depository and Depositor. 5. Depository shall honor and pay all checks, warrants. orders, or drafts issued by Depositor when the checks. warrants. orders, or drafts contain the signature of an officer designated by the governing body and appearing on the signature card on file at the Depository. Depository shall be responsible for verification that the signature appearing on the checks. wan -ants. orders. or drafts is an authentic signature and Depository shall be Gable for any loss of public funds released on its request and supported by an unauthorized signature. Depositor shall be responsible to ensure that the signature authorization card on file with Depository contains current and accurate information. 6. Depository shag in the event the amount of public funds deposited by Depositor. including accured interest thereon. exceed the amount covered by federal deposit insurance. irrvnediately initiate procedures required under Chapter 453 of the Iowa Code to secure such funds or remit such excess funds to Depositor. 7. This Deposit Agreement may be terminated by either panty only upon 60 days written notice to the other. provided all public funds deposited with Depository. plus interest. if any. shall be remitted to Depositor. and all service charges owing by Depositor. if any. shall be pad in tug prior to termination. In the event of termination by the Depository when funds are held by the Depository in time deposits or other accounts providing penalties for early withdrawal, Depository shag maintain and continue such accounts. including the collateral for such accounts. if any, until maturity of those accounts Dated as of the day and year first above written. Dated as of the day and year first above written. DEPOSITOR: M its DEPOSITORY: I-Wa , its R9c::ived 8 ti'pproved By The Legal Dopa nVnf 5 r� -71,7 Depository Fees Agreement This fees agreement is made this day of 19, _, between and hereinafter referred to as Depositor to define the terms of any fees that may be charged for the handling or investing and pledging of public body funds. Depository may set reasonable fees based on the costs involved in handling public funds deposits and investments including the pledging of securities as collateral for these funds. 2. If a depository decides to charge such fees, the fee shall be identified as to the services provided and the charge, and notification of such fee shall be given to the Depositor in writing addressed to the Director of Finance, City of Iowa City, at least 30 days prior to the implementation of such fees. 3. If the Depository decides to change a fee, at least 30 days notice shall be given to the Depositor in the same manner as outlined in paragraph 2 of this agreement. 4. This depository agreement may be terminated by either party herein upon 60 days written notice to the other. All public funds deposited with Depository, plus interest, if any, shall be remitted to Depositor, and all service charges owing by Depositor, shall be paid in full prior to termination. In the event of termination when funds are held by the Depository in time deposits or accounts providing penalties for early withdrawal, Depository shall maintain and continue such account, including the collateral for such accounts, if any, until maturity of those accounts. Dated as of the day and year first above written. DEPOSITORY: DEPOSITOR: By: By: its _ _, its Received & Approved By t' N tfR apt Fr '/04 1' %9 RESOLUTION NO. 8S-270 RESOLUTION AUTHORIZING EXECUTION OF REVISED ANNUAL CONTRIBUTIONS CONTRACT WITH THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT PROJECT #IA05-VO22-001 WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the revised Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The revised Annual Contributions Contract in substantially the or -m of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the revised Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. 7i9 Resolution No. 8S-270 Page 2 It was moved by Erdahl and seconded by the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT: Ambrisco Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 27th day of Aueust , 1985. ATTEST: Received & Approved ai De M IA05-VO22-001 ACC Parti Number: KC -9033V V U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT —PARTI for HOUSING VOUCHER PROGRAM LL DEFINI'T'IONS. A. ACC. Annual Contributions Contract B. Fiscal Year. The PHA Fiscal Year as specified in section L2.B of this A CC Part L C. HUD. U.S. Department of Housing and Urban Development. D. Maximum Annual Contribution Commitment. The amount of contract authority reserved by H U D for a project The amount of oontract authority reserved for each project in the Housing Voucher Program is stated in Exhibit I of this A C C Part I (subject to reduction in accordance with section 1.3.E and section 2.3 of this ACC). E. PHA. Public Housing Agency. F. Program. The PHA's Housing Voucher Program. G. Program Receipts. Amounts paid by HUD to the PHA under this ACC for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the ACC and H U D requirements. 1.2. HOUSING VOUCHER PROGRAM. A. Pr The Program under this ACC consists of the projects listed in Exhibit I of this A CC Part I, each of which represents a funding increment for the Program. Page 1 of 5 pages HUD 52520 D (June 1985) %.7 / B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month Period ending June 30 of each calendar year. Mmert the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an ACC with HUD.) L3. ANNUAL CONTRIBUTION. A. Payment. HUD shall pay the PHA annual contributions for the projects in the Program in accordance with HUD regulations and requirements. B. Term. Payments on account of the annual contributions for each project may only be made during a term of five years, and shall not be made after the end of the five year term. The term for each project begins when HUD makes the first advance to the PHA on account of the annual contributions for the project After HUD makes the first advance for a project, HUD may enter the first and last dates of the A C C term for the project on Exhibit I of this A C C Part L The Exhibit I as revised by HUD shall constitute an a m end m ent of the A C C Part I, and the revised Exhibit I supersedes any previous Exhibit I for the Program. C. A mount andPurpose. The annual contribution for the Program for a Fiscal Year sha11 be the sum of the amounts paid on account of the annual contribution for each of the projects in the Program. The annual contribution for the Program shall be in the amount approved by H UD for the Fiscal Year to cover: 1. The amount of housing assistanoe payments by the PHA. 2. The amount of PHA costs for Program administration The amount of the annual contributions by HUD may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than annual contributions D. Maximum Annual Contribution Commitment for Project. Except for paym ents from the A C C reserve account as provided in section L 3.F of this A CC, or for payments under section 1.3. G, the annual contribution payment by HUD for a project for a Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the project. Such Maximum Annual Contribution Commitment shall be available during the five Fiscal Years beginning with the Fiscal Year when HUD makes the fist advance to the PHA on account of the annual contributions for the project E. Reduction of Amount Payable. HUD may reduce the amount of the annual contributions payable by H U D for any project or for the Program, and may reduce the amount of the contract authority for any project, by giving the PHA written notice of reduction in accordance with section 2.3 of this A C C. The notice by H U D m ay include a revision of Exhibit I of this ACC Part I to reflect the Page 2 of 5 pages HUD 52520 D (June 1985) reduction in the amount of contract authority for a project HUD notice of the revision shall constitute an amendment of Exhibit I, and the revised Exhibit I supersedes any previous Exhibit I for the Program. F. ACC Reserve Account. An ACC reserve account may be established and maintained by H U D in an amount as determined by H U D. The A C C reserve account m ay be used by H U D for paym ent of any portion of the annual contribution payment approved by HUD. G. Portability, Procedures: Preliminary Fee of Receiving PHA. In addition to the maximum annual contribution commitment under section 1.3.D, and payments from the ACC reserve account under section L3.F, HUD may approve additional annual contribution payments to the PHA for the purpose of paying preliminary fees to another PHA acting as Receiving PHA in accordance with H U D requirements under the portability procedures. �- — H. Limit on Total Payments for Project The total of annual contributions payments by HUD for each project (including any payments from the ACC reserve account as provided in section LIF, but not including any payments under section LIG) shall not be more than five times the Maximum Annual Contribution Com mitment for the project L9. ACC. A. This ACC for the Program consists of this ACC Part I (including Exhibit 1) and the for m A C C Part II prescribed by H U D for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole ACC for the Program. Page 3 of 5 pages HUD 52520 D (June 1985)- 707.3 B. This A CC supersedes any previous A CCs for the Program. Matters relating to operation of the Program under a previous ACC shall be governed by this A C C. Signatures PUBLIC HOUSING AGENCY Name of PHA By G,� 0 August 27, 1985 ignature Date signed John McDonald, Mayor Print or type name and official title of signatory UNITED STATES OF AMERICA -'SECRETARY OF HOUSING AND URBAN DEVELOPMENT Signature Date signed Jerry L. Bauer, Manager - Des Moines Office Print or type name and official title of signatory * Per Housing 12/31/85 - Resubmitted Voucher ACC 9-3-85 after Resolution #85-270 approved. This ACC was not signed due to funding allocation change from HUD Headquarters. Received & Approved By The Legal Department Page 4 of 5 pages HUD 52520 D (June 1985) 7a'V ACC PartI Number: KC -9033V V EXHIBIT I PROJECT CONTRACT FIRST DATE LAST DATE NUMBER AUTHORITY (j7 OF TERM OF TERM IA05-V022-001 $37,674 UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT Date signed Page 5 of 5 pages HUD 52520 D (June 1985) las U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT -- PART II for HOUSING CERTIFICATE PROGRAM AND HOUSING VOUCHER PROGRAM 2.1. HUD REQUIREMENTS. �._ A. The PHA agrees to comply, and shall require owners to comply, with the requirements of the U.S. Housing Act of 1937 and all applicable HUD regulations and other requirements, including any amendments or changes in the Act or HUD requirements. B. The PHA shall comply with its BUD -approved administrative plan, equal opportunity housing plan and HUD -approved applications for the Programs. C. The PHA shall use the forms required by BUD. D. The PHA shall proceed expeditiously with the Programs under this ACC. 2.2. ANNUAL CONTRIBUTION. A. The PHA shall submit to HUD each Fiscal Year an estimate of the annual contribution required for the Programs. The annual contribution estimate, and supporting data for the estimate, shall be submitted at such time and in such form as HUD may require, and are subject to HUD approval and revision. B. The PHA will requisition periodic payments on account of each annual contribution. The requisition shall be in the form prescribed by BUD. Each requisition shall include certification by the PHA that: Page 1 of 9 pages HUD 52520 E (June 1985) 7a(0 1. Housing assistance payments have been made in accordance with contracts in the form prescribed by HUD and in accordance with BUD requirements; and 2. Units have been inspected by the PHA in accordance with HUD requirements. C. If HUD determines that payments by HUD to the PHA for a Fiscal Year exceed the amount of the annual contribution approved by HUD for the Fiscal Year, the excess shall be applied as determined by HUD. Such applications determined by HUD may include, but are not limited to, application of the excess payment against the amount of the annual contribution for a subsequent Fiscal Year. The PHA shall take any actions required by HUD respecting the excess payment, and shall, upon demand by HUD, promptly remit the excess payment to HUD. 2.3. REDUCTION IN ANNUAL CONTRIBUTIONS PAYABLE BY HUD. A. Upon written notice by HUD to the PHA, BUD way reduce to an amount determined by HUD the amount of the annual contributions payable for any project or for the Program, and may reduce to an amount determined by HUD the contract authority reserved by HUD for any project included in the Program: 1. If BUD determines that the PHA has failed to comply with any obligations under the ACC, or 2. In the case of amounts provided for use in connection with a rental rehabilitation grant under the Rental Rehabilitation Program authorized by section 17 of the U.S. Housing Act of 1937, if HUD deobligates rental rehabilitation grant amounts. If HUD deobligates rental rehabilitation grant amounts, HUD may reduce the annual contributions payable and the contract authority reserved whether or not the PHA has failed to comply with any obligations under the ACC. Page 2 of 9 pages HUD 52520 E (June 1985) 7a 7 B. The notice by HUD to the PHA shall state any reduction, pursuant to section 2.3.A of the ACC, in the amount of the annual contributions payable for any project or for the Program, and shall state any reduction in the amount of contract authority reserved by HUD for a project. The notice may specify a revised unit distribution. HUD notice of reduction or revision shall constitute an amendment of the ACC. However, HIID shall not reduce the amount of annual contributions payable by HIID for any project or for the Program, and shall not reduce the amount of contract authority reserved by HUD for a project, below the amount, as determined by BUD, necessary for dwelling units under contracts for housing assistance payments with owners on the date when the PHA receives the HUD notice. 2.4. USE OF PROGRAM RECEIPTS. A. The PHA shall use Program Receipts to provide decent, safe and sanitary housing for eligible families in compliance with the U.S. Housing Act of 1937 and all HUD requirements. Program Receipts may only be used to pay Program Expenditures. B. The PHA shall not make any Program Expenditures except in accordance with the annual contribution estimate and supporting data for such estimate as approved by BUD. C. The PHA shall maintain an Operating Reserve account that shall be credited with the amount by which the total of administrative fees earned and interest earned on the Operating Reserve exceed PHA administrative expenses during a Fiscal Year. In subsequent years, the PHA must use funds in the Operating Reserve to pay administrative expenses in excess of Program Receipts. Notwithstanding the provisions of section 2.4.A, if there remain funds in the Operating Reserve, the PHA may use such funds for other housing purposes consistent with State and local law. However, HUD may prohibit use of funds in the Operating Reserve for other housing purposes if the PHA is not adequately administering its Housing Certificate Program or its Housing Voucher Program or has failed to comply with any of its obligations under the ACC. Page 3 of 9 pages HUD 52520 E (June 1985) a 2.5. BOORS OF ACCOUNT AND RECORDS; REPORTS. A. The PHA shall maintain complete and accurate books of account and records for the Program. The books and records shall be in accordance with HUD requirements, and shall permit a speedy and effective audit. B. The PHA shall furnish HUD such financial, operating, and statistical reports, records, statements, and documents at such times, in such form, and accompanied by such supporting data as required by HUD. C. HUD and the Comptroller General of the United States, or their duly authorized representatives, shall have full and free access to all PHA offices and facilities, and to all the books, documents, papers, and records of the PHA that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts and transcripts from the books and records. D. The PHA shall be responsible for engaging and paying an independent public accountant for the making of audits as required by HUD. The cost of audits required by HUD may be charged against Program Receipts. 2.6. DEPOSITARY. A. The PHA shall enter into one or more agreements, which are collectively called the 'Depositary Agreement,' with financial institutions which are selected as depositary by the PHA, and whose accounts are insured by an agency of the Federal Government. The Depositary Agreement shall be in the form prescribed by HUD, and the PHA shall furnish to HUD such copies of the Depositary Agreement as BUD may require. B. All Program Receipts shall be promptly deposited with the Depositary under the Depositary Agreement unless otherwise required or permitted by HUD. The PHA may withdraw Program Receipts subject to the Depositary Agreement only for use in connection with the Program in accordance with HUD regulations or other requirements. No withdrawal shall be made except in accordance with a voucher on file in the office of the PHA stating in proper detail the purpose of the withdrawal. Page 4 of 9 pages BUD 52520 E (June 1985) 0707 9 2.7. C. As required by HUD, PHA funds in excess of current needs shall be promptly remitted to BUD or shall be invested in accordance with HUD requirements. Interest on the investment of Program Receipts shall constitute Program Receipts. D. The Depositary Agreement shall provide that the provisions of the Depositary Agreement may not be terminated or changed without written consent by HUD, and that if required under a written notice from HUD to the Depositary, (1) the Depositary shall not permit any withdrawal by the PHA of funds held under the Depositary Agreement unless withdrawals by the PHA are expressly authorized by written notice from HUD to the Depositary, and (2) the Depositary shall permit withdrawals of such funds by HUD. E. If approved by BUD, the PHA may deposit under the Depositary Agreement monies received or held by the PHA in connection with any contract between the PHA and HUD. DEFAULT BY PHA. A. Upon written notice to the PHA, HUD may take possession of all or any PHA property, rights or interests in connection with the Program, including funds held under the Depositary Agreement, Program Receipts, and rights or interests under a contract for housing assistance payments with an owner, if HUD determines that: 1. The PHA has failed to comply with any obligations under this ACC, or 2. The PHA has failed to comply with obligations under a contract for housing assistance payments with an owner, or has failed to take appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the PEA's rights under a contract for housing assistance payments (including requiring actions by the owner to cure a default, termination or reduction of housing assistance payments, termination of the contract for housing assistance payments, or recovery of overpayments), or Page 5 of 9 pages HUD 52520 E (June 1985) 730 3. The PHA has made any misrepresentation to HUD of any material fact. HUD shall issue a notice to the PHA giving the PHA a reasonable opportunity to take corrective action before HUD takes possession of PHA property, rights or interests under this section 2.7.A. B. If HUD has taken possession of PHA property, rights, or interests under section 2.7.A, HUD shall redeliver possession of the property, rights or interests as constituted at the time of the return when HUD is satisfied that all defaults have been cured, and that the Program will thereafter be administered in accordance with this ACC. C. HUD's exercise or non -exercise of any right or remedy under the ACC shall not constitute a waiver of HUD's right to exercise that or any other right or remedy at any time. D. During the term of this ACC, HUD shall continue to pay annual contributions for the purpose of making housing assistance payments with respect to dwelling units under contracts with owners, entered into by the PHA in the fora prescribed by HUD and in accordance with HUD regulations and other requirements. The housing assistance payments shall be made in accordance with the teras of such contracts. 2.8. FIDELITY BOND COVERAGE. The PHA shall carry adequate fidelity bond coverage, as required by HUD, of its officers, agents or employees handling cash or authorized to sign checks or certify vouchers. 2.9. NONDISCRIMINATION IN HOUSING. A. The PHA shall comply with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 prohibiting discrimination based on race, color or national origin and Executive Order 11063 with respect to those provisions prohibiting discrimination based on religion or sex, and with implementing HUD regulations. B. The PHA shall comply with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the sale, rental or financing of housing on the basis of race, color, religion, sex or national origin and with any implementing regulations. Page 6 of 9 pages HUD 52520 E (June 1985) 73/ 2.10. 2.11. C. The PHA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against handicapped persons who would otherwise qualify to participate in the Program and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. D. Unwed parents, families with children born out of wedlock, and recipients of public assistance shall not be excluded from participation in or be denied the benefit of the Program because of such status. EQUAL EMPLOYMENT OPPORTUNITY. A. The PHA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, handicap or national origin. The PHA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, creed, religion, sex, handicap or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. The PBA agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HUD setting forth the provisions of this nondiscrimination clause. The PBA will in all solicitations or advertisements for employees placed by or on behalf of the PBA state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, handicap or national origin. The PHA will incorporate the foregoing requirements of this paragraph in all of its contracts for project work, except contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for project work. tAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR The PHA shall comply with Section 3 of the Housing and Urban Development Act of 1968 and HUD regulations. To the greatest extent feasible, employment and training Page 7 of 9 pages BUD 52520 E (June 1985) 73a opportunities in connection with planning and carrying out any project assisted under the Program shall be given to lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county), as determined by HUD, in which the project is located, and contracts for work to be performed in connection with any project shall be awarded to business firms which are located in or owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project. 2.12. COOPERATION IN EQUAL OPPORTUNITY COMPLIANCE REVIENS. The PHA shall cooperate with HUD in conducting compliance reviews and complaint investigations pursuant to applicable civil rights statutes, Executive Orders, and related rules and regulations. i.13. CONFLICT OF INTEREST PROVISIONS. A. Neither the PHA nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with the Program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year thereafter: 1. Any present or former member or officer of the PHA (except a tenant commissioner). 2. Any employee of the PHA who formulates policy or who influences decisions with respect to the Program. 3. Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to the Program. B. Any members of the classes described in paragraph A must disclose their interest or prospective interest to the PHA and HUD. C. The requirements of section 2.13.A may be waived by HUD for good cause. No person to whom a waiver is granted shall be permitted (in the capacity as member of a class described in section 2.13.A) to exercise responsibilities or functions with respect to a contract for housing assistance payments executed, or to be executed, on his or her behalf, or with respect to a contract for housing assistance payments to which this person is a party. Page 8 of 9 pages HUD 52520 E (June 1985) %33 D. The provisions of section 2.13.A, section 2.13.8 and section 2.13.0 shall not be applicable to the Depositary Agreement, or to utility service the rates for which are fixed or controlled by a governmental agency. 2.14. INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS. No member of or delegate to the Congress of the United States of America or resident commissioner shall be admitted to any share or part of this ACC or to any benefits which may arise from it. 2.15. EXCLUSION OF THIRD PARTY RIGHTS. Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this ACC, or to assert any claim against HUD or the PHA under this ACC. Page 9 of 9 pages HUD 52520 E (June 1985) 0 RESOLUTION NO. 85-271 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: Dan's Short Stop Corporation (86-22) Joe's Place (85-118) It was moved by Strait and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 10th day of September 19 8S Attest: . 'dL-)_ City Clerk 73s The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Strait introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS", and moved: /x/ that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock M. on the day of , 1985, at this place. Council Member Zuber seconded the motion. The roll was called and the vote was, AYES: Baker, Dickson, Erdahl, McDonald, Strait, Zuber. ABSENT: Ambrisco NAYS: None Whereupon, the Mayor declared the measure duly adopted. 85-272 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $4,700,000 General Obligation Bonds for the essential corporate purpose of paying costs of construction, reconstruction or repair of street improvements, sidewalks, alley pavement, sani- tary sewers, storm sewers, culverts and facilities for the collection and disposal of surface waters and streams and bridges; construction of sanitary sewage pumping facilities; opening and extending of streets; improvement to the municipal waterworks by the construction of water storage facilities; and extending and improving the established municipal airport; and -3- Mi., Cw em Do.IK Hepue, 5.ah & Allbee. Lnw , Des hbi m 1. 704 the acquisition of land needed for the foregoing purposes, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute pro- ceedings and takes additional action for the sale and issuance > in the manner required by law of $4,700,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASRF,D AND APPROVED this 10th day of September , 1985. ATTEST: a -4- Ahlen, Cooney, Dorvi le[ Ha i, Smith & Allbee, lawyers. De Wii s. Iowa %3�1 RESOLUTION NO. 85-273 RESOLUTION AUTHORIZING EXECUTION OF VN ANENDMENI TO AN AGREEMENT N.N.W., INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an amendment to an agreement with N.N.N., Inc. , a copy of said amen lent being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said amendment to establish desien fees for eneineerine services for the Ben Street Bridge Widening and Reconstruction Project. This amendment establishes a "not to exceed" fee of $116,000 for the desigan phase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment with N.N.W., Inc. 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting same. It was moved by Zuber and seconded by Strait the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 10th day of September ATTEST: 76�� CITY CLERK tha t 19 8S Received & Approvca By Th Legal Da rhneni �f 708" V V CJ V V Y j _qn 316 E. C�'/o�Cege gooiwa City, Jowa 522¢0 J �J voeL ' VV. ' VV[LLLS ECe/i40ne 319-351-2166 �¢E11ciE�zt August 23, 1985 Frank Farmer, P.E. City Engineer Department of Public Works City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: Benton Street Bridge Widening and Reconstruction Dear Mr. Farmer: We have transmitted our work on the Investigation and Recom- mendation Phase of the above project as required by our agreement dated February 26, 1985, which also defines the scope of engineer- ing services to be provided during the Design Phase. However, the compensation for the design services was to be determined after the completion of the Investigation and Recommendation Phase. This letter will serve as an amendment to the original agree- ment to incorporate the following additions as follows: 1. Design Phase services shall be provided on the basis of 2.2 x direct personnel expense. The total fee for the Design Phase shall not exceed $116,000.00, including reimbursable expenses and five exploratory test holes on site. 2. The plans shall be completed in time to be processed for the August 1986 letting of the Iowa Department of Trans- portation. If you should have any questions or comments on any of these items, do not hesitate to contact me. Sincerely, � Noel W. Willis, P.E. President F,eceived & Approved gv 7r ega4 Depa ;n1 Cijyy of Iowa City is in agreement wi h thYF above _aw endment, r , City of Iowa City Attest 2j�,J� 2f;A,J Cit Clerk 739 RESOLUTION NO. 85-274 RESOLUTION RECLASSIFYING A FULL-TIME POSITION IN THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND AMENDING THE AFSCME PAY PLAN. WHEREAS, Resolution No. 85-128 adopted by the City Council on May 7, 1985, established a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the position of Clerk -Typist HIS be reclassified and the AFSCME pay plan be amended by moving the position of Clerk -Typist HIS from Grade 2 to Grade 4. It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES Passed and approved this 10th NAYS ATTEST: 2 ,J 7""? � CIT CLERK ABSENT: X Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of September , 1985. R"Cived 3 Approve* HY T Q legal Department ��19'r RESOLUTION NO. 85-275 RESOLUTION RECLASSIFYING A FULL-TIME POSITION IN THE POLLUTION CONTROL DIVISION AND AMENDING THE AFSCME PAY PLAN. WHEREAS, Resolution No. 85-128 adopted by the City Council on May 7, 1985, established a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the position of Chemist be reclassified and the AFSCME pay plan be amended by moving the position of Chemist from Grade 11 to Grade 12. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES Passed and approved this 10th ORW NAYS: ABSENT: X_ Ambrisco Baker Dickson _ Erdahl McDonald Strait Zuber of September 1985. fiy The eP M /d Ly d'1 5;lyl %.96-a 74 September 17 , 1985 special The City Council of Iowa City, Iowa, met in Xf session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 6:30 o'clock P.M., on the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Absent: None Ah m C..n ,, D. w [,r. F err 5.ah b Allbm W.' m Des Mann, 1. '75#�` .4mbrisco introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $4,200,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, Erdahl, McDonald Strait Zuber, Ambrisco, Baker NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 85-276 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $4,200,000 PARKING SYSTEM REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Parking System Revenue Bonds to the amount of $4,200,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center at Iowa City, Iowa, at 7:30 o'clock P M., on the 24th day of September 1985, for the pur- pose of taking action on the matter of the issuance of $4,200,000 Parking System Revenue Bonds of said City, the pro- ceeds of which bonds will be used to provide funds to pay costs of the refunding of parking facilities revenue bonds presently issued and outstanding. Ahle". Cooney, D.m Il ,., Hay 2, Smith & Nlbee, lawyers, Des Milnes, lo. a 7%y Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: Ahlers. Cooney, Dor. I, lythe Smith 6 Allbee, lawyers, Oes Manes, Iowa IOTICE OF MEETING OF THE CI"Y �-OUNCIL OF 7HE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $4,200,000 ?ARKING SYSTEM REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF. Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 24th day of September, 1985, at 7:30 o'clock P.M., in the Council Chambers, Civic Center, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $4,200,000 Parking System Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Parking System. Said bonds are proposed to be issued for the purpose of paying costs of the refunding of parking facilities revenue bonds presently issued and outstanding. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 17th day of September , 1985. _ N K. KARR, CITY CLERK PASSED AND APPROVED this 1985. ATTEST: 17th day of September , Men, Cooney, Dorn I, zms Smith 6 Nlbee, Ia m, Des Moines, Im a M CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the por- tion of the corporate records of said Municipality showing pro- ceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the indivi- duals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 17th day of September , 1985. SEAL City Clerk, Iowa City, Iowa nhlers. Cooney, Domailer. 1W eve. Smith S Allo . Lu M. Des maces. I 2 '7�1-7 RESOLUTION NO. 85-277 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: Bob's Beer Mart, 1910 S. Gilbert It was moved by Strait and seconded by Dickson that the Resolution as read be a opted, and upon roll call tere were: NAYS: ABSENT: X Passed and approved this 24th day of September 19 85 Attest: City Clerk 7�Y AYES: Ambrisco Baker X Dickson X Erdahl X McDonald X Strait X tuber. X NAYS: ABSENT: X Passed and approved this 24th day of September 19 85 Attest: City Clerk 7�Y RESOLUTION NO. 85-278 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 or liquor control license, to wit: H.W.A. Corp. dba Friday's, 121 E. College Street It was moved by Strait and seconded by Dicko that the Resolution as reade a opted, and upon rollca there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 24th day of September 19 85 . Attest: �jjoL,j 7,4,0 City Clerk 7�9 RESOLUTION NO. 85-279 RESOLUTION ADOPTING SUPPLEMENT NUMBER 25 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 25th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 25 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 25 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker _X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 24th day ATTEST: ,,,;�� le CI CLERK September 1985 . Ibfthvd A Approved sy The UPI Dop "I nt 750 -) P, RESOLUTION NO. 8S-280 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENP WITH CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY WHEREAS, the .City of Iowa City, Iowa, has negotiated a agreement With Cedar Ra ids & Iowa Cit Railwa Co. , a copy of said �reement being attached to this Reso ution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement With Cedar Rapids & Iowa City Railway Co. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Strait and seconded by_ Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Ambrisco — Baker X — Dickson X Erdahl X McDonald X -- Strait X Zuber Passed and approved this mgt, day of September 19 85 . ATTEST: 25/ LICENSE AGREEMENT FOR OCCUPATION OF RAILWAY CORRIDOR THIS LICENSE AGREEMENT, made this 24th day of Sentember 1985, between CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called the "Company" or "Licensor"), an Iowa corporation and the CITY OF IOWA CITY (hereinafter called the "Licensee"), having a principal office in Iowa City, County of Johnson, and State of Iowa, WITNESSETH: That the Company, in consideration of the sum of Five Hundred Dollars ($500.00) and agreements as hereinafter mentioned to be performed by the Licensee, hereby grants Licensee the right to specific and limited use of all those certain premises, as shown on the plat attached hereto and, by this reference, made a part hereof, situated in the County of Johnson, State of Iowa. 1. PURPOSE: Licensee's use of the premises shall be for the sole purpose of running two (2) 2" rigid galvanized steel conduit on either side of Burlington Street in Iowa City, Iowa per attached drawing. The conduit shall be no less than 4" be- low top of rail. A. The Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such pur- pose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed. If any such use shall necessitate any change in the location or construction of said facility, or any part thereof, such changes as may be reasonable shall be made by the Company or at its direction, at the expense of the Licensee, upon de- mand of the Company, and said Company shall not be liable to said Licensee on account thereof, or on account of any dam- age growing out of any use which the Company may make of its tracks, property and right-of-way. The Company shall have the right, at any time, by giving ninety (90) days' notice in writing to the Licensee to require the Licensee at its expense, to relocate or modify the facility so as to conform to reasonable changes the Company may desire to make in its track grade, track location or any other changes Company may desire to make in its property. 76;,?- B. The Licensee shall bear the cost of all reason- able protection which the Company may require for its tracks or property during construction and maintenance hereby authorized and of all reasonable repairs, changes, additions or betterments to said Company's tracks or property made ne- cessary on account of same. If, in the reasonable judgment of the Company, it shall be necessary to provide support for its tracks during the work of construction or maintenance, the Company will provide such support, and the entire cost thereof will be paid by the said Licensee promptly upon re- ceipt of the bill therefor. 2. TERM: Except as provided to the contrary herein, Licensee shall be permitted to use the premises in accordance with the terms hereof, together with the right of ingress to and egress from said property for the purpose of constructing, inspecting, repairing, maintaining and replacing Licensee's facilities located.thereon, or the removal thereof, at the will of the Licensee; it being the intention of the parties hereto that Licensor hereby permits the uses herein speci- fied without divesting Licensor of the rights to use and enjoy said property, subject only to the right of the Licen- see to use the same for the purposes herein expressed. Should Licensee or its representatives violate any of the terms or conditions hereof, or use or attempt to use said premises for any other or different purpose than that above specified, then the Company may, at its option,'immediately revoke this License. 3. NOTICE: Any written notice given by the Company to the Licen- see shall be deemed to be properly served if the same be delivered to the Licensee's designee, the Director of Public Works, or, if mailed, postpaid, addressed to the Director of Public Works at Licensee's last known place of business. Any written notice given by the Licensee to the Company shall be deemed properly served if the same be delivered to the Company, or if mailed, postpaid, addressed to the Company at its last known place of business. 4. TAXES: The Licensee shall pay all taxes, licenses and other charges which may be assessed or levied upon the business of the Licensee or upon improvements made by the Licensee upon said premises, or against the Company by reason of occupa- tion or use of said premises by the LicZnsee. 753 �. ASSIGNMENT: This license shall not be assigned or in any manner transferred by Licensee, nor shall said premises be used or occupied for any purpose other than that specified herein, without the written consent of the Company. 6. ABANDONMENT: The failure of the Licensee to occupy or use said premises for the purpose herein mentioned for sixty (60) days at any one time shall be deemed an abandonment thereof. An abandonment of said premises by the Licensee shall, at the option of the Company, operate as an absolute and imme- diate termination of this License without notice. Should any discontinuance or cessation of use of said facility be due to any damages by fire, lightning, flood or earthquake, or by the abandonment of work by employees of the Licensee during a general strike, or by the Licensee's inability after due diligence to obtain necessary materials for re- pairs or rebuilding, then the said time of sixty (60) days shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid. Upon any termination of this License, the Licensee shall promptly remove all above ground construction in a manner satisfac- tory to said Company, and leave said properties in the same condition in which they were before the installation of the same as nearly as may be practicable. Upon default of the Licensee so to do, the Company may perform the work and re- store the property and Licensee shall promptly pay to the Company the cost of so doing. 7. CLEARANCE: The Licensee agrees not to construct or permit to exist any obstruction over any railway track or tracks on said premises, less than twenty-five (25) feet above top of rail, or alongside of track or tracks less than twenty (20) feet from center of track, with the necessary additional clearance on curves. Reduced clearances from those herein specified may be allowed if approved in writing by the Com- pany prior to installation. 8. LAWS AND REGULATIONS: The Licensee shall, without cost to the Company, com- ply with all applicable laws, ordinances, regulations and rules of competent authorities affecting said premises. The parties agree that this License shall be governed by the laws of the State of Iowa. 75zl 9. LIABILITY: The Licensee agrees to indemnify the Company and save it harmless from any and all claims and expenses, including reasonable attorney's fees, that may arise or may be made for death or injury to employees of the Company, or loss or damage to the Company's property, or to other persons or their property, by reason or in consequence of the occupancy or use of said premises by the Licensee. 10. INSOLVENCY OR BANKRUPTCY: If the Licensee at any time during the continuance of this agreement should become insolvent or bankrupt, or if Licensee's affairs should be placed in the hands of a Re- ceiver, then this License, at the option of the Company, shall terminate and the Compayshall have the right to resume and retake possession of said premises without any accounta- bility whatsoever to the Licensee or to Licensee's estate. 11. PASSAGEWAY AND ASSUMPTION OF RISK: In the event it is necessary for the Licensee or its agents, employees or customers to pass over other lands and railway tracks of the Company, to gain access to and/or from said premises, all such persons shall make use only of the way indicated by the Company for that purpose, and the Licen- see hereby expressly assumes all the risk of accident, loss or injury to such persons and their property having access to said premises in connection with the Licensee's business, unless caused by the negligence of the Company or its em- ployees, and the Licensee does hereby indemnify the Company and shall defend it against all claims, suits, costs and charges made upon or incurred by the Company by reason or in consequence of any other accident, injury or loss as pro- vided above. 12. PRIOR AGREEMENTS The parties hereto, by the execution of this Agree- ment hereby terminate any prior licenses between the -instant parties on the premises herein demised. 13. SEVERABILITY: Any provision of this License which conflicts with any law, rule, regulation or ordinance of competent authori- ties affecting said premises, shall be suspended and shall be inoperative so long as such law or ordinance remains in effect. In the event there is no prohibition against any provision of this License, any such provisions shall remain in full force and effect during the term of this Agreement. !,,z;, IN WITNESS WHEREOF, the parties hereto have executed in duplicate this License agreement on the day and year first above written. CEDAR RAPIDS AND IOWA C TY RAILWAY COMPANY omp ) By Pusiu i ATTEST: �GGLu�w Assistant SedZgvary CITY OF IOWA CITY (14censee) By ATTEST: ROceived & Approved By Thap Legal Department J 9 )1 TRACKS NORTH SIDE OF SJRLINGTON ST OR 2.1 R.G.S.C. TRACKS SOUTH SIDE OF EURLIGTON ST 1. `2R.G,S.C. ;0NOUIT EEL CONDUIT RESOLUTION NO. 85-281 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR LOTS 5-11 AND THE FINAL PLAT FOR LOTS 5-8 OF BLOCK 1, BRAVERMAN CENTER, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Southgate Development Co., Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat for Lots 5-11 and the final plat for Lots 5-8 of Block 1, Braverman Center, a subdivision of Johnson County, Iowa; and WHEREAS, the Department of Planning and Program Development and the Public Warks Department have examined the proposed preliminary and final plats and have recommended approval of same; and WHEREAS, the preliminary and final plat have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that they be accepted and approved; and WHEREAS, the preliminary and final plat are found to conform to all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Lots 5-11 and the final plat of Lots 5-8 of Block 1, Braverman Center, a subdivision of Johnson County, Iowa, are hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify approval of this resolution which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record them at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER _X DICKSON X ERDAHL y MCDONALD STRAIT ZUBER Passed and approved this 24th day of September 1985. YUR ATTEST:A� CIFY CLERK Received 15 Appmveu By The Legal Reparftma s,� /P>' RESOLUTION NO. 85-282 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR LOTS 4, 5B AND 7 OF BLOCK 1, BRAVERMAN CENTER, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development Co., Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Non -Residential Development (LSNRD) plans for Lots 4, 5B and 7 of Block 1, Braverman Center, Iowa City, Iowa; and WHEREAS, the Department of Planning and Program Development and the Public Works Department had examined the proposed preliminary and final LSNRD plans and have recommended approval of same; and WHEREAS, the preliminary and final LSNRD plans have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, in conjunction with Ordinance No. 85-3256, rezoning a portion of Lot 7 of said LSNRD, the City of Iowa City has signed- an agreement, known as the Pepperwood Place Agreement, with the owner placing certain conditions upon said development; and WHEREAS, the preliminary and final LSNRD plans are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa, and with the conditions of the Pepperwood Place Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final LSNRD plans for Lots 4, 5B and 7 of Block 1, Braverman Center, Iowa City, Iowa, are hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the preliminary and final LSNRD plans after passage and approval by law; and the owner shall record them at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. X59 Resolution No. 85-282 Page 2 It was moved by Strait and seconded by be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Zuber AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER Passed and approved this 24th day of September , 1985. YOR ATTEST: the Resolution Ree4ived & APproveo By Th Legal Departrnent SS dr 7,�a RESOLUTION NO. 85-283 RESOLUTION APPROVING AN AMENDED PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR NATIONAL COMPUTER SYSTEMS, INC., LOCATED AT 2510 NORTH DODGE STREET. WHEREAS, the owner, National Computer Systems, Inc., has filed with the City Clerk of Iowa City, an application for approval of an amended preliminary and final Large Scale Non -Residential Development plan for National Computer Systems, Inc.; and WHEREAS, the original Large Scale former owner, Westinghouse Learning tion 73-231; and Non -Residential Development of the Corporation, was approved by Resolu- WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended preliminary and final Large Scale Non -Residential Development plan for expansion of the existing facilities, and have recommended approval of same, subject to an agreement on the future dedication of right-of-way for a road to provide access to the property to the west of the subject property, which agreement is attached as Exhibit B to this resolution and hereby made a part thereof; and WHEREAS, the amended preliminary and final Large Scale Non -Residential Development plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the amended preliminary and final Large Scale Non -Residential Development plan is found to conform with all of the pertinent require- ments of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended preliminary and final targe Scale Non -Residential Development plan of National Computer Systems, Inc. is hereby approved subject to the conditions of the attached agreement, Exhibit B. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby author- ized and directed to certify the approval of this resolution and of said plan after passage and approval by law; and the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is author- ized. It was moved by Baker and seconded by Zuber tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO _ X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 24th day ATTEST: F3�7�IA�f�:l.'�IfJ September, 1985. the Resolu- Received $ i SY 3he Legall De tic�a�►ment %/' z EXHIBIT B AGREEMENT This Agreement is made and entered into as of the 24th day of September, 1985, by and between the City of Iowa City, Iowa (City), a municipality, and National Computer Systems, Inc. (NCS), a Minnesota corporation authorized to do business in the state of Iowa, located at 2510 North Dodge Street, P.O. Box 30, Iowa City, Iowa 52244. WHEREAS, NCS has applied to the City for approval of a Large Scale Non -Residential Development (LSNRD) plan for its property, which is described in the Legal Description on Exhibit A, which is attached hereto (hereinafter referred to as "the NCS Property"); and WHEREAS, although such a street is not needed at this time, in order to assure orderly development in the area, the City is requiring as a condition to plan approval that provision be made for the future negotiation of the specific location of a street across the NCS Property to allow access from Iowa Highway 1 to properties located west of the NCS Property; and WHEREAS, the City requires that NCS assure the integrity of the stormwater management area located upon the NCS Property. NOW, THEREFORE, in consideration of the premises and the promises and agreements contained herein, the parties hereto agree as follows: 1. The parties agree that, at such time as it becomes necessary, as deter- mined by the City Council of the City, they shall negotiate the specific location of a street across NCS' property to provide access from Iowa Highway 1 to property located west of the NCS property. 2. NCS agrees, as a covenant running with the NCS Property, that it will not erect or construct any building or other structure, or drill or operate any well, or construct any obstruction, or diminish or substantially add to the ground cover in the area shown as "Stormwater Management Area" on Exhibit A hereto. This covenant may be released by the City Council of the City if it approves relocation of the stormwater management facility on the NCS Property. 3. This Agreement shall become effective upon final approval by the City of NCS' LSNRD plan. 4. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto. Ci of Iowa City, Iowa Received & Approved 6y The 4130ri Deperhvr_nt National Computer Systems, Inc. Attest: , vice Klc9ard JU Schwab, Assistant Secretary 7/ 3 State of Iowa ) ) SS: Johnson County ) On this 24th day oft tember 1985 , before me, the under- signed, a Notary Public in an or said o nty,in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. ffl DORIS J. DeMIIRCE MY COMMISSION E%P M STATE OF IOWA SS JOHNSON COUNTY Notary PublicUln and for Johnson County, Iowa On this ao day of September, 1985, before me, the undersigned, a Notary Public, personally appeared Jay V. Clark and Richard J. Schwab, to me personally known, who being by me duly sworn, did say that they are the Vice President and Assistant Secretary, respectively, of said corporation; that the seal affixed to said instrument is the seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors, and the said Jay V. Clark and Richard J. Schwab acknowledged the execution of said instrument to be the voluntary act of said corporation, by it voluntarily executed. My commission expires (?"Mt 19�, t Not Ty Pub c Received E Approved By The Legal Pe ern} 7l�( RESOLUTION NO. 85-284 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF HOLLOWAY --- SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners of Holloway Estate, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Holloway Subdivision; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two-mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plats and have recommended approval of same; and WHEREAS, the preliminary and final plats have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, the preliminary and final plats are found to conform with all of the pertinent requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final plats of Holloway Subdivision are hereby approved, and installation of stormwater detention facilities is deferred, subject to the property owners agreeing that the City has the right to review the need for stormwater retention basins upon the occurrence of one of the following events: a. A resubdivision of any lot within the subdivision; b. The passing of 15 years from the date of final approval of the plat by the City; or c. Annexation of the subdivision by the City. 2. That the Mayor and the City. Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the preliminary and final plats after passage and approval by law and that the owner/subdivider shall record them at the office of the County Recorder of Johnson County, Iowa. It was moved by Dickson and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber 71,5 Resolution No. 85-284 Page 2 Passed and approved this 24th day of September , 1985. ATTEST: Received . Approved By The De- a nt 746 The proposed action and the extent of objections thereto were then considered. Whereupon, Strait introduced and deli— vered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,200,000 PARKING SYSTEM REVENUE BONDS," and moved its adoption. Zuber seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Zuber, Baker, Dickson Erdahl, McDonald NAYS: None ABSENT: Ambrisco Whereupon, the Mayor declared said Resolution duly adopted as follows: 85-285 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $4,200,000 PARKING SYSTEM REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $4,200,000 Parking System Revenue Bonds for the purpose of paying costs of the refunding of parking facilities revenue bonds presently issued and outstanding; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA! Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $4,200,000 Parking System Revenue Bonds for the foregoing purpose. MIM, Cooney, Dom le[ H 3 Smith & Mbm lawyem, Des Moines, b 767 Section 2. The Finance Director is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and other- wise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED, this 24th day of September 1985. Zayor ATTEST: Ahlers. Cooney, Does Jer Haynie, 7th S Allbe ,, Ua M. Des Manes, Iowa 7109 RESOLUTION NO. 85-286 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCEL °C' LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA; SETTING A PUBLIC HEARING FOR NOVEMBERI9, 1985, ON THE PROPOSED SALE AND CONVEYANCE OF SAID LAND; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. WHEREAS, the City of Iowa City, acting as the Grantee/Municipality pursuant to the provisions of Title 24, CFR Part 570, and provisions of Chapter 403, Code of Iowa, has used Community Development Block Grant funds for land acquisition and clearance to facilitate improvements to the Lower Ralston Creek Area of Iowa City, and WHEREAS, the City of Iowa City wishes to offer a remaining parcel of land for private redevelopment.- NOW, edevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That, until 10:00 a.m., October 28, 1985, the City Manager and/or his designee is hereby authorized and directed to solicit offers to purchase certain City -owned land known as Parcel C, fronting on Lafayette Street (near the Dubuque Street intersection), legally described as a portion of Lots 1, 2, 3 and 4, of Block 18, of the County Seat Addition to Iowa City, Iowa, according to the Plat thereof recorded in Deed Book 1 and 2, page 253 of the records of the Johnson County Recorder, and more particu- larly described in the plat attached hereto as Exhibit A. 2. That the minimum acceptable bid for said Parcel C shall be $27,000. 3. That a public hearing is hereby set for Tuesday, November 19, 1985, at 7:30 p.m. in the Council Chambers, Iowa City Civic Center, at which time and place the City Council will consider the sale and conveyance of said Parcel C for private redevelopment. 4. That, as required by law, the City Clerk is hereby authorized and directed to publish notice of solicitation of offers to purchase and notice of public hearing on the proposed sale and conveyance of said parcel. It was moved by Strait and seconded by the Resolution be adopted, and upon roll call there AYES: NAYS: ABSENT: Zuber were: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber 76 ? Resolution No. 85-286 Page 2 Passed and approved this 24th day of September 1985. AYOR ATTEST:) CITY -CLERK Rece'ved &A- I- BY The Legal Depart►nenf 77� Exhibit.A - KCAL@oe.Ti 2.t�bYT-of-w'.Y • ,t• F _ 64 ID to •J ,a Lt _ 0 w J L ! - _ ;'4..'a ±'i. ♦ ins ��-. 0'a ? — , � 214 fdR A.` f w.tZK +-SArt A`r M �en•49••.o-c, lne—met 4e>.•�'SoW'�o.m .:�-...', LECA; DESCRIPTION ..F-♦,: A portion of Late 1.2;3, and 4. bf Block 18, of the County Ssst-:Additlon to Iowa City, Io.e according Co the Plat:thsreof recorded, in Dead Back 1 k 2Y pags 253 of the records of the Johnson County Recorder,. and which parol is more particularly'described as follows: Commencing at the SButhwat,Corner-of Block.10, of the County Saetr Addi Eibn,tn Iws City, Iowa; Thence S89449150"E,_elong the South line or Said 81xk.181- 170.00 feet to the SButh- .eat Corner of,Lot 4 of'said Block-18p,which,is the Point of Beginning; Thence !{00900'00"E. along the West-llne cf-said-,tots•4,3,2 and 1, 303.05 fust to a point cn,the toe or the slope of the Des foines-Streit;R;ilroed Right of Way; Thence S86.41'45"E, along said toe or the slope, 117.27 fest'.to: the Adesterly 'top of Bank of Ralston CriekfjThsncs S34s01 VB -W, 60.48 feet along saidztop'06 bank; ,Thence SI -34,26-E, 246.53 f8ati,4iGnq said top of bank, to the South line of said Lot -41 ,Thence 1189049'50"W, 90.00 fest.to,the Point of Beginning. Said tract of lend contains 26745 squats feet more or lees and`it-subject to casements and ✓ :. ,:r restrictions of recartl✓,^, I hereby certify that this survoy.rss wsde'%,nder my direct-parsbhal;iupervision and that I am a duly /^registered Land Surveyor under'ths laws of the State or'lwa. SIGNEDi ft.l 7—1 /�iiL.OD . DRTEf //�/J �i L: :•. .. Robert D. RiCkela , L.S. 7036,,,,,r� . Su cribed and sworn befo •-'thio 4� day of . rof: Notar Pub ic, in an IB aP Iowa t.. t R .7 d? eft T;l REDEVELGPRENT PARCEL •Le i d A y. 77-Tc-f.." T"k iL .....kra• Cit of 'Ioue CIL - _ +«... City of Iws Cit 7Yse, {W Sa—g'", r... Qe An'r1 tion aw,vo-us. r,..". COIVSULTA Tg r,.p.r p port on of Lots , S 4, oe County to c••ei .o•+mn,.Yu INC *nw Soet'Atltlition to [ 2 Cit laws --emrw raw o.Y en nFR An 's' 88 Ye•i• ]".50 • o•u 11 11 ML Y• 379-072 C 771 RESOLUTION NO. 85-287 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City wishes to help residents of Iowa City to prevent or overcome problems of alcohol and drug abuse; and WHEREAS, the City of Iowa City wishes to assist the Mid -Eastern Council on Chemical Abuse, an Iowa not-for-profit corporation, to develop a new central treatment and office facility for community-based alcohol and drug abuse treatment and prevention. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest the attached agreement with the Mid -Eastern Council on Chemical Abuse for the use of 1985 Community Development Block Grant funds. It was moved by Strait and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 24th ABSENT: X_ Ambrisco _ Baker _ Dickson _ Erdahl _ McDonald _ Strait Zuber ATTEST: CI CLERK CITY �ltlAn N.x, vaci & App tvod By The Legal nepartnwM ib$5._._. 5. q 7.2 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THIS AGREEMENT, entered into this /1V day of Q , 1985, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Mid -Eastern Council on Chemical Abuse, an Iowa not-for-profit corporation (herein referred to as "MECCA"), and WHEREAS, the City is the recipient of 1985 Community Development Block Grant (CDBG) funds granted by the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist MECCA in the development of a new central treatment and office facility for community based alcohol and drug abuse treatment and Drevention. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART I 1.1. PURPOSE AND SCOPE OF SERVICES: MECCA shall contract for the construction of a new central treatment and office facility which shall, upon completion, comply with all applicable state and local building codes and the licensing require- ments of the Iowa Department of Substance Abuse for outpatient and residential treatment facilities. The new facility shall be located at Lots 14 and 15 of Block 5, Braverman Center, an addition to Iowa City, Iowa. MECCA shall use the CDBG funds authorized under this agreement only for the purchase, installation or construction of improvements which are an integral part of the new facility. 1.2. TIME OF PERFORMANCE: A. MECCA shall perform according to the following schedule: Program Element Begin construction Complete construction Operate new facility Deadline August 31, 1985 February 28, 1986 March 1, 1986 thru August 31, 1995 B. This schedule is subject to change only by prior mutual agreement of both parties, in writing. 773 E 1.3. COMPENSATION AND METHOD OF PAYMENT: The City shall pay and MECCA agrees to accept in full fifty thousand dollars (;50,000) for performance under this Agreement, as follows: A. Partial payments shall be made upon presentation of properly executed invoices for completed improvements pursuant to Section I.I. Purpose and Scope of Services. B. Payments will be made to MECCA by the fifteenth day of the month for expenditures incurred during the previous month, provided invoices are submitted to the City by the fifth day of the month. C. The total of the above payments will not exceed $50,000. 1.4. TERMS AND CONDITIONS: A. The City shall assume no responsibility or liability for the work to be performed hereunder, nor for the maintenance, operation or program funding of the central treatment and office facility. B. MECCA shall use the $50,000 in CDBG funds only to purchase, install or construct the improvements necessary for the central treatment and office facility. C. MECCA shall, at its own expense, procure and maintain during the period of this Agreement, all risk property damage and liability insurance to be effective as of the start of the project. Liabil- ity coverage shall not be less than $100,000 for bodily injury per person, $300,000 for personal bodily injury or death per occur- rence, and not less than $50,000 for property damage. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. D. In the event MECCA ceases its operations, sells the facility located at Lots 14 and 15 of Block 5, Braverman Center, or relocates its operations to another facility prior to September 1, 1995, MECCA shall pay to the City a prorated share of the $50,000. The prorated share shall be determined by deducting one-tenth of the $50,000 annually from the original $50,000 for each full year elapsed after August 31, 1985. E. Except as provided herein, the term of this Agreement shall be from the date of execution through August 31, 1995. PART II 2.1. PERFORMANCE AND REPORTING: A. To the extent that funding is available, MECCA shall operate a facility providing community based alcohol and drug abuse treatment and prevention programs until August 31, 1995, in a manner satis- factory to the City. B. MECCA shall direct all correspondence concerning this Agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. C. MECCA shall submit monthly reports describing the progress of the facility development activities to the Program Coordinator's office by the fifth day of each month until the completion of all work and expenditure of all CDBG funds disbursed under this Agreement. D. Upon completion of this project, MECCA shall submit quarterly reports by the fifteenth day of January, April, July and October of each contract year. Quarterly reports shall include, at a minimum, statistics pertaining to the number and county of resi- dence of persons using the facility. No reporting requirements shall extend beyond August 31, 1995. E. Not later than April 30, 1986, MECCA shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. 2.2. OTHER REPORTS, AUDITS AND INSPECTIONS: A. MECCA shall promptly furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this Agreement. During the term of this Agreement, at any time during normal business hours, at its office, MECCA shall make available to the City, HUD and/or the Controller General of the United States or their duly authorized representatives, all of MECCA's records with respect to this Agreement in order to permit examination of any audits, invoices, materials, payroll, personnel records, conditions of employment, and other data related to all matters covered by this Agreement. C. MECCA shall retain financial records, supporting documents, statistical records, and all other records pertaining to expendi- tures under this Agreement for a period of three (3) years from the termination of this Agreement. D. Insofar as the City's contributions exceed $25,000 under this Agreement, MECCA shall comply with the auditing and reporting requirements specified in OMB Circular A-128 (Audit Requirements for State/Local Government Grant Recipients). E. MECCA shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving assistance at the MECCA facility, in accordance with applicable federal, state and local laws. X75 4 2.3. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-110 and OMB Circular A-122 (Cost Principles for Non-profit Organizations) shall apply to the use of funds disbursed under this Agreement. The City shall provide MECCA with copies of said OMB Circulars, and MECCA hereby acknowledges receipt of said Circulars. 2.4. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the MECCA facility on the basis of age, race, color, religion (creed), national origin, sex, marital status, sexual orientation, or disability. All prospective users of the facility must, however, meet and maintain the rules and requirements of MECCA's programs. 2.5. EQUAL EMPLOYMENT OPPORTUNITY: MECCA certifies it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa Com, Chapter 601A (State Civil Rights) of the Iowa Code and all applicable regula- tions of the United States Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, MECCA shall ensure that all contracts for work under this Agreement contain an appropriate equal employment opportunity state- ment. 2.6. LEAD-BASED PAINT POISONING PREVENTION: MECCA shall comply with the requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831, et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they may apply to the perform- ance of this Agreement. 2.7. TERMINATION OF AGREEMENT FOR CAUSE: If MECCA fails to fulfill its obligations under this Agreement in a timely and proper manner, or if MECCA violates any of the terms, agreements or stipulations under this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to MECCA specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice, provided such default or defaults are not remedied within the grace period. In the event of such termination, MECCA shall pay the City the full amount of $50,000. 2.8. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to rise herefrom. 776 No member of the governing body of the City, nor officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement. 2.9. INTEREST OF MECCA: MECCA covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be performed under this Agreement. MECCA further covenants that in the performance of this Agreement, no person having such an interest shall be employed by MECCA. 2.10. ASSIGNABILITY: MECCA shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written approval of the City. 2.11. HOLD HARMLESS PROVISION: MECCA shall indemnify and hold harmless the City, it officers, employ- ees and agents from all liability, loss, costs, damage and expenses (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any action based upon the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this tl #, day of o�-�Urar , 1985. CITY OF IOWA CITY�� By: ayor test: RecL"_ Z Aps ved By The Legal DePa tt wM q I� BS MID -EASTERN COUNCIL ON CHEMICAL ABUSE* By : e az President, Board of Directors ry, Board of Directors RESOLUTION NO. 85-288 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SPRUCE STREET DRAINAGE PRQIECI' WHEREAS, Joe Jones Construction Ltd. of Edd ille Iowa has submitted the best bidof 44,306.00 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 Joe Jones Construction Ltd. of Edd ille Iowa subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Strait and seconded by Dickson the resolution as read be adopted, and upon roll call there were. AYES: NAYS: ABSENT: X Passed and approved this Ambrisco Baker Dickson Erdahl McDonald Strait Zuber tha t 24th day of September , 1985 . MAYOR ATTEST: 2�� 71/ CITY CLERK Received & Approvca By Leal De �i-rent q iy �i 'Iff RESOLUTION NO. 85-289 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CREEKSIDE NEIQ-IBORHOOD SIDEWALK PROTECT WHEREAS, B $ L has submitted the be! above-named project. IOWA: cons NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to B $ L Zimmerman Construction, Ltd. of Oxford, Iowa subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 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, insurance certificates, and contract compliance program statements. It was moved by Zuber and seconded by Strait the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this Ambrisco Baker Dickson Erdahl PtDonald Strait Zuber tha t 24th day of September 1985 . MAYOR ATTEST: 7117 o CITY CLERK Received P� Arprovet: BY Th al DN arimrn! 7 79 RESOLUTION NO. 85-290 RESOLUTION AUTHORIZING ACQUISITION OF AN EASEMENT FROM HAWKEYE LAND COMPANY FOR THE INSTALLATION, MAINTENANCE, OPERATION, ETC. OF STORM SEWER LOCATED UPON RAILROAD PROPERTY. WHEREAS, the City of Iowa City, Iowa, has undertaken a project to install a storm sewer, to wit, the Spruce Street Drainage Project; and WHEREAS, the City of Iowa City, Iowa, will be required to obtain an easement in railroad right-of-way for the installation of storm sewer pipes; and WHEREAS, the City of Iowa City, Iowa, has negotiated an easement with Hawkeye Land Company, owner of the railroad right-of-way in question, a copy of which easement is attached hereto and by this reference made a part hereof; and WHEREAS, the City Council has been advised and does believe that it would be in the public interest to acquire said easement from Hawkeye Land Company for the sum of ;1,000, which easement allows the City of Iowa City to install, maintain, operate, and renew a 27" and a 15" reinforced concrete pipe storm sewer upon railroad right-of-way controlled by the Hawkeye Land Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Easement Grant attached hereto and by this reference made a. part hereof is hereby approved as to form and content. 2. That the Finance Director be and is hereby authorized and directed to issue a City Warrant in the amount of $1,000 made payable to Hawkeye Land Company and payable from Activity Account No. 3433.0. 3. That the City Clerk shall furnish copies of said easement grant to any citizen requesting same. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 24th day ATTEST: X Ambrisco Baker Dickson Erdahl McDonald Strait Zuber September , 1985. Received P. Approved 81f jute 1 Depufinent References to "Grantor" herein shall be modified as appropriate to confer rights of "Grantor" on Iowa State Railroad and Heartland, Inc. and in particular, the easement shall expressly grant Iowa State Railroad, Heartland, Inc. and their respective successors and assigns the rights to enforce the covenants and benefit from the indemnities of the "Grantee". EASEMENT GRANT IKNOW ALL MEN BY THESE PRESENTS: That Rick Stickle, President of Hawkeye Land Co., "Grantor," and pursuant to every other power and authority to him pertaining; in consideration of the sun of TEN AND 00/100 ($10.00) DOLLARS and other good and valuable consideration in hand paid, does hereby grant convey and quitclaim unto The City of Iowa City "Grantee," an easement for pipeline purposes, and no other purpose, in the County of Johnson , State of Iowa , along the course indicated in hatched lines on the print attached hereto marked Exhibit "A" and by reference made a part hereof. Grantee's use of the property herein described is trade subject to the following terms and conditions which are deemed covenants and shall run with the land: 1. The pipeline, when constructed, or if and when the existing pipe shall be replaced, shall be constructed of per Exhibit "B" where it passes beneath the tracks of the Grantor, and across the Grantor's property, and it shall not be more than inches in diameter, inside measurement. Said pipeline shall be encased in a pipe under the Grantor's tracks and for a distance of feet on each side of the track, as measured at right angles thereto. Said pipe shall be laid at a substantially uniform grade entirely across the property of the Grantor, and the top of the pipe shall not be less than feet below the base of the rail of any tracks, nor at any point at a sufficiently shallow depth to be affected by frost, as provided in the print attached hereto, marked Exhibit "B" and by reference made a part of this agreement. 2. Grantor shall permit Grantee reasonable right of entry for the purpose of constructing, replacing, repairing, maintaining and operating said pipeline. 3. Grantee shall pay the entire cost of constructing, replacing, repairing, maintaining and operating said pipeline. All of said work shall be done in a good and workmanlike manner and in accordance with the plans, specifications and profiles, specifically including data of cone encement of work, to be prepared by Grantee and submitted in writing for approval to Grantor; and, except in emergencies, until such approval is first had, and such approval shall not be unreasonably withheld, said work upon Grantor's premises shall not be begun by Grantee. Grantor reserves the right to have a representative present, but in no way waives any rights under this easement agreement by failing to have said representative present. 4. Grantor shall have the right to retain existing tracks and other improvements at the location of this easement and shall also have the right at any and all times in the future to construct, maintain and operate over said easement such additional track, tracks and other improvements as he may from time to time elect. Nothing shall be done or suffered to be done by Grantee that will in any manner impair the usefulness or safety of the existing tracks and other improvements of the Grantor or of such track, tracks and other improvements as Grantor may construct in the future across or above said easement. The Grantor reserves the right to grant future easements under, over, across or parallel with the above-described premises. 5. Grantee agrees that before and during the construction, replacement, repair, maintenance or operation of said pipeline, or at any other time, Grantor shall have the right to provide such safe and temporary structures as he may deem necessary for safety, caring for and preserving his tracks, buildings or other inprovements, and Grantee agrees to pay to Grantor the entire cost of putting in and removing such temporary structures and of restoring the property of Grantor as near as nay be to the same condition in which it was before the commencement of the work. 6. Grantee agrees that if, at anytime, Grantor shall change the location or grade of his tracks at any point of crossing or at any point along a parallel course for any purpose whatever, Grantee, at its man expense shall make all changes required by Grantor. If Grantee shall fail, neglect or refuse to make such change for a period of thirty (30) days after receiving written notice from Grantor, then Grantor may forthwith make such change at Grantee's expense. MN 800 nVE106 W 7. Grantee shall at all times construct, replace, repair, maintain and operate said pipeline in a secure, safe and sanitary condition and in accordance with all applicable laws, ordinances, rules and regulations and shall pay promptly when due all taxes levied or assessed upon Grantee or upon Grantee's use and enjoyment of the rights granted herein including income derived therefrom. if the manner of constructing, replacing, repairing, maintaining and operating said pipeline shall at anytime be in violation of any applicable law, rule, regulation or ordinance, then Grantee shall at no cost or expense to Grantor, upon receipt of appropriate notice from a governmental agency having enforcement jurisdiction in the premises make such changes or repairs as shall be necessary. Failure or refusal of Grantee to make the required changes or repairs within the time prescribed by said agency or to make timely payment of taxes shall terminate this easement, provided that it it shall not terminate as long as Grantee in good faith and by pursuit of appropriate legal or equitable remedies, enjoins, defends against, appeals from or pursues other lawful measures to avoid the enforcement of said laws, ordinances, rules, regulations or taxes. 8. Grantee agrees that it will at all times defend, indemnify and hold harmless the Grantor, his tenants, agents and employees, against all claims, demand, actions and causes of actions, including, but not limited to, judgments, settlements, attorneys; fees and court costs in connection therewith, arising or growing out of loss or damage to property or injury to or death of any persons resulting in any manner from said pipeline, (irrespective of whether any act or omission to act by Grantor, his tenants, agents or employees, shall cause or contribute thereto, and shall promptly pay to the Grantor the full amount of any loss or damage which the Grantor may sustain, incur or become liable for, and all sums which the Grantor may pay or be compelled to pay in settlement of any claim on account thereof). 9. All rights and interest to said property shall revert to Grantor if Grantee vacates, abandons or ceases to use said easement with the intent to permanently vacate, abandon or cease to use said easement. Upon such permanent abandonment, Grantee, at its own expense, shall remove its improvements and restore said easement premises to their original condition. 10. Notwithstanding anything to the contrary herein, the Grantor shall in no event incur liabliity to Grantee for the failure of or defect in the title or estate of the Grantor in and to the real estate over, under or along which the above-described easement lies. 11. The grants, convenants and stipulations hereof shall extend to and be binding upon the respective successors and assigns of the parties hereto, including Heartland, Inc. and subsequent owners of the real estate burdened with this easement. 12. Each of the parties hereto agrees to execute and deliver unto the other all such documents as may be necessary or appropriate for the effectuation of the provisions and intent of this agreement. ,r� m IN WITNESS WHEREOF, this instrument is executed by Grantor this Zlat day of (XQ o�ifn I , 19—L�C. WITNESS: STATE OF IOWA ) ) SS COUNTY OF LINN ) RICK STICKLE, PRESIDENT HAWKEYE LAND CO. P.O. BOX 5399 RAP X24 On this 4,4t day of Q &Jzt� / , A.D., 19 & , before me the undersigned, a Notary Public in and for said County, in said State, personally appeared Rick Stickle, the President aforesaid, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his free and voluntary act and deed and in the capacity therein stated. *30 ,� ,ax ,t,3 NOTARY PUBLIC LotI Lot 15 16 DESCRIPTION OF ENTIRE TRACT: SO- Lot 17 Lot 18 Lot 19 CI' • i00' Lafferty Subdivision Beginning at the intersection of the centerline of the Grantor's main track and the East line of Section 25, Township 79 North, Range 5 West of the 5th P.M., being the easterly line of Johnson County; thence westerly through Sections 25, 26, 27, 28, 29, 20 and 19, Township - 79 North, Range 5 West of the 5th P.M., continuing westerly through Sections 24, 13, 14, 15, 16, 9, 8, 5 and 6, (Excluding that part of Grantor's former Elmira to Iowa City line lying northerly of the northerly line of Des Moines Street extended easterly, said street as laid out'and located in the County Seat Addition of the City of Iowa City; Excluding all of Grantor's interest in Maiden Lane lying southerly of the south line of Lot 1, of Block 22 of County Seat Addition to the City of Iowa City, extended easterly, and lying northerly of the north line of Benton Street, as laid out and located in Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's interest in Block 4 of Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's former Coralville and quarry spur in said Section 5, Township 79 North, Range 6 West of the 5th P.M.; thence westerly through Section 1, Township 79 North, Range 7 West of the 5th P.M.; thence westerly through Sections 36, 35, 26, 27, 28, 29 and 30, Township 80 North Range 7 West of the 5th P.M.; thence westerly through Sections 25, 24, 23, 22) 21, 20, 17, 18, and 7, Township 80 North, Range 8 West of the 5th P.M. DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT': Beginning at a point on the southerly ROW line of the Heartland Rail Corp. which point is 100 feet southeasterly from the northeast corner of Lot 19, Lafferty Subdivision of Iowa City, Iowa; thence northeasterly along a line perpendicular to the above-described southerly ROW line a distance of 35 feet; thence northwesterly 680 feet along a line 35 feet from and parallel to the southerly ROW line of the railroad ROW; thence southwesterly 35 feet along a line perpendicular to said southerly ROW line; thence southeasterly along the said southerly ROW line 680 feet to the point of beginning. DESCRIPTION OF PERMANENT STORM SEWER 8 DRAINAGE EASEMENT': The southwesterly 20 feet of the above-described tract. BOG`. 808 PACE 1OS E`OiIBIT "A" 703 RESOLUTION NO. 85-291 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT FOR INDEMNIFICATION AND MAINTENANCE RELATING TO STEPS IN THE RIGHT -OF -NAY FRONTING 510 S. CLINTON ST. WHEREAS, Nagle and Furman, an Iowa General Partnership, has constructed a building at 510 S. Clinton Street, in Iowa City; and WHEREAS, front steps to serve the building must be located upon public right-of-way because the building is located on the property line; and WHEREAS, the City Council is willing to authorize steps on public prop- erty, but only if the property owners agree to idemnify the City, and to remove the steps if the City Council determines that the property is needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the attached Agreement for Indemnification and Maintenance, relating to the steps for the building at 510 S. Clinton Street. 2. The City Clerk is authorized and directed to record said Agreement in the office of the Johnson County Recorder. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson x_ Erdahl x McDonald x— Strait x_ Zuber Passed and approved this 24th day of September , 1985. ATTEST: Reeehred & Approved By]]�T((�Ihaa� Legal D_perlsnen} -�7 9 /2041- ;7 AGREEMENT FOR INDEMNIFICATION AND MAINTENANCE This Agreement is made between Nagle and Furman, an Iowa General Partnership (hereinafter "Nagle"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"). WHEREAS, Nagle is the owner of certain real estate located at 510 South Clinton Street, Iowa City, Johnson County, Iowa, and legally described as follows: and Lot 7 and the North 60 feet of Lot 6, all in Block 8 in the County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof, WHEREAS, Nagle is developing a multi -story condominium building on the above-described property pursuant to a Large Scale Residential Development Plan approved by City; and WHEREAS, Nagle seeks City approval to raise the elevation of the City sidewalk in front of the project as shown on the attached drawing prepared by Hall Engineering Company (Exhibit "A"); and WHEREAS, a portion of the stairway to the building to be constructed by Nagle will be located on City property as in- dicated on the LSRD plan and as shown on Exhibit "A"; and WHEREAS, City desires to be held harmless and indemnified in the event any liability whatsoever arises in connection with the installation, maintenance and use of said steps; NOW, THEREFORE, in consideration of the mutual promises set forth below, it is agreed as follows: 1. Nagle will be allowed to install a new City sidewalk adjacent to the property at 510 South Clinton Street according %86 -2 - to Exhibit "A" attached to this Agreement and according to City specifications, except that the elevation of the sidewalk may vary from the usual City specification and may be raised as indicated on the attached Exhibit "A". 2. Nagle will install steps from the sidewalk to the building pursuant to the LSRD plan, City specifications, and as shown on the attached Exhibit "A". Nagle recognizes that no property right is conferred by this grant of permission, that the City is not empowered to grant a permanent use of its street right-of-way for private commercial purposes, and that the City may order said steps removed at any time if the City Council determines that the property upon which the steps are to be located should be cleared of obstructions. 3. Nagle agrees to maintain the steps in good repair ac- cording to City standards, and to remove the steps within thir- ty (30) days after being so ordered by the City. 4. Nagle agrees to hold the City harmless in connection with any liability whatsoever arising in regard'to the instal- lation, maintenance, use and repair of said steps and to indem- nify the City in the event that the City is held liable for any damages in connection with the installation, maintenance, use and repair of said steps. Nagle shall be required to carry liability insurance, in minimum amounts of $500,000- $1,000,000-$250,000 with contractual liability coverage includ- ed as part of such insurance, and shall furnish a copy of the policy to the City before installing the steps. Nagle agrees to thereafter maintain such insurance in force until the steps 709 -3 - are removed from the City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable protection in the future. If the required insurance is not maintained, the City shall have the right to remove the steps following five (5) days prior written notice to the owner of the property. This Agreement is being made by the parties with the knowledge that Nagle intends to file a Declaration of Condo- minium covering the above-described property and that all or parts of the property covered by this Agreement may be conveyed to other parties. This Agreement shall be binding upon other parties as their interests may be acquired. This Agreement will run with the land and be binding upon Nagle only as long as Nagle has an interest in the above-described property. All provisions of this Agreement will be binding upon the respec- tive successors in interest of both parties. EXECUTED at Iowa City, Iowa, upon the dates as indicated below. DATED: NAGLE AND FURMAN, an Iowa General Partnership George Nagle, J General Partner DATED: September 24, 1985 STATE OF IOWA SS: JOHNSON COUNTY -4 - CITY OF IOWA CITY 6 BY: Aoiuvx� 9iiwuJ an K. Karr, City Clerk On this - ,ZA day of v , 1985, before me, the undersigned, a Notary Public In and for the State of Iowa, per- sonally appeared George Nagle, to me personally known, who be- ing by me duly sworn, did say that he is one of the partners of Nagle and Furman, a partnership, and that said instrument was signed on behalf of the said partnership by authority of the partners and the said partner acknowledged the execution of said instrument to be the voluntary act and deed of said part- nership by it and by him voluntarily executed. „ •. JOHND.CRUL aSe0D m, 14.1986 STATE OF IOWA SS: JOHNSON COUNTY Not y Public in and for the State of Iowa. 7 On this 24th day of September , 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said munic- ipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal cor- poration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instru- ment to be the voluntary act and deed of said municipal corpo- ration, by it and by them voluntarily executed. A1C' MDYCOMMI�DCN RCE � i _ � Notary Pudic in and for t e State of Iowa. 02/21-01-186 Received & Approved By The legal Depertment 75�19 RESOLUTION NO. 85-292 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Ye Olde Keg Shoppe at 1910 S. Gilbert Sticker No. 000836 in Iowa City, Iowa, has surrendered cigarette permit No. 85-150 , expiring Jame 30 , 19 86 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 85-150 , issued to Ye Olde Keg Shoppe be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable- to Tom Cannon as a refund on cigarette permit No. 85-150 It was moved by Strait and seconded by n;cksnn that the Resolution as read be adopted, and upon roll call there were: Amb -risco Raker Dickson Erdahl McDonald Strait Zuber AYES: HAYS: ABSENT: X X X X X X X Passed and approved this 8th Attest: 4f day of October 19 85 _. Y / I RESOLUTION NO. 85-293 RESOLUTION ACCEPTING THE WORK FOR 17-1E KIRKWOOD CIRCLE IMPROVENENFS PROTECT' WHEREAS, the Engineering Division has recommended that the improvements covering the Kirkwood Circle Improvements Project as included in a contract between the Uity or Iowa pity ana M. J. Daly Construction Co., Inc. of Burlin ton, Iowa. dated May 3, 1985 , be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ Y Ambrisco x Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of October 19 85 . ATTEST: Z%z,,,,J -'e,� LtJ CITY CLERK 2&�TN3 RESOLUTION NO. 85-294 RESOLUTION ADOPTING VARIOUS CHANGES TO THE POLICIES GOVERNING PARTICIPA- TION IN HOUSING ASSISTANCE PROGRAMS ADMINISTERED BY THE IOWA CITY HOUSING AUTHORITY. WHEREAS, the City Council acting in its capacity as the City of Iowa City Housing Authority approved and adopted "Policies Governing Participation in Housing Assistance Programs Administered by the Iowa City Housing Authority" March 12, 1985; and WHEREAS, the City has applied for and received an increment of Section 8 Existing Housing Vouchers which contain significant differences in terminology and compu- tation of Total Tenant Payment; and WHEREAS, it is necessary to amend said "Policies" manual to incorporate this voucher program; and WHEREAS, the City has by Resolution No. 79-381 dated August 14, 1979, provided for waiving solid waste collection fees for qualifying low income residents and households; and WHEREAS, in the administration of the Housing Assistance Programs, provisions have already been made for deducting utility costs from total tenant payment; and WHEREAS, the purpose of the proposed amendment to Part VI, paragraph 5(c) of said Policy Manual is to prevent a double deduction for solid waste collection fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL IN ITS CAPACITY AS THE CITY OF IOWA CITY HOUSING AUTHORITY AS FOLLOWS: The "Policies Governing Participation in Housing Assistance Programs Administered by the Iowa City Housing Authority" are amended in the form as attached and marked as Exhibit A. It was moved by Strait and seconded by Resolution be adopted, and upon -roll call there were: AYES: NAYS X X X —X— X X ABSENT: Erdahl the X Ambrisco Baker Dickson Erdahl McDonald _ Strait Zuber Passed and approved this 8th day of _ October , 1985. ATTEST: �;� 74_� 4�AA � CITT CLERK Im Ut !-iG^Yi VQ!} Ry The L"*ccal oepadnx-dl 79.3 EXHIBIT A TO RESOLUTION NO. 85-294 Changes to the Policies Governing Participation in Housing Assistance Programs Administered by the Iowa City Housing Authority are approved as follows: A. Table of Contents add: Appendix II - "Applicability to the Section 8 Voucher Program." B. Insert the following paragraph on page 21 immediately following Part VI, paragraph 5.c.(l): (2) In those cases where a family qualifies for water/sewer/trash allowance in computing Tenant Rental Payment, the family will not be eligible for the "Reduced Fee for Low Income Residents" as provided for in current City policy. C. Attach Appendix II, "Applicability to the Section 8 Voucher Program." 7 9zl APPENDIX II TO POLICY GOVERNING PARTICIPATION IN HOUSING ASSISTANCE PROGRAMS ADMINISTERED BY THE IOWA CITY HOUSING AUTHORITY Applicability to the Section 8 Voucher Program I. General. The Section 8 Housing Voucher Program has the same purpose as the Section 8 Certificate Program: to provide rental assistance to very low-income families. It is anticipated that the Housing Voucher Program will improve the Section 8 Program by increasing housing choice, because there are no rent caps and the family may select any unit that meets Housing Quality Standards. There will be greater equity since in-place families will not be required to move if their unit exceeds the Fair Market Rent, and each family can choose how much income it wishes to devote to housing. It should ease the pressure on Fair Market Rents by decreasing the demand for units at or below Fair Market Rent. II. Program Description/New Terms of Concepts. 1. The Section 8 Housing Voucher Program, in Iowa City, will be admini- stered in the same manner as the Section 8 Certificate Program. There will, however, be some differences in terms and computation of total tenant payments. The same rules established in the Statement of Policies apply to the Voucher Program. Only the differences are described in this appendix. Some new terms are: a. Payment Standard. This is the same as the Fair Market Rent applicable to this area. This includes the "exception rents" approved by HUD for specific census tract enumeration districts and/or dwellings. The Payment Standard is used to calculate the amount of a family's Housing Assistance Payment. Affordability Adjustment. These are like Annual Rent Adjustment Factors used by the Housing Authority in the certificate program. They are made to offset the increases in housing costs as a result of inflation. If the Housing Authority chooses to make Afforda- bility Adjustments, only two in any five year period are permis- sible. Applicable Standard is the Payment Standard for which the family qualifies at the date of lease approval. The Applicable Standard is based on one of the followina. (1) Initial Payment Standard is the Payment Standard based on the Fair Market Rent in effect at the time the ACC is executed by HUD for the first increment of funding in the Iowa City Housing Authority Voucher program; or (2) New Family/Mover Schedule. The ICHA may establish a New Family/Mover Schedule at any time. The amount on the "New Family/Mover Schedule" can be any amount between the Initial 196- Payment Standard (or adjusted standard, if applicable) and the FMR in effect at the time the New Family/Mover Schedule is adopted; or (3) Adjustment Standard Schedule. The ICHA may at its discretion establish an "Adjustment Standard Schedule" twice during any five-year period to assure continued affordability. The amount on the "Adjustment Standard Schedule" can be any amount between the Initial Payment Standard (or previous Adjustment Standard Schedule, if applicable) and the FMR in effect at the time the "Adjustment Standard Schedule" is adopted. No Adjustment Standard Schedule may be established if less than 60 months have elapsed since the next to last previous Adjustment Standard Schedule was adopted. d. Housing Voucher. The same as "certificate" in the Certificate Program. A document issued by the Authority declaring a family to be eligible for participation in the Housing Voucher Program and stating the terms and conditions for the family's participation. e. Housing Voucher ACC. The Annual Contributions Contract between the ICHA and HUD which provides for the Housing Assistance Payments and the Administrative fee payment to the ICHA. It is a separate Part I from Section 8 Existing Housing Certificate Program. f. Housing Voucher Contract. The contract between the ICHA and an owner in which the ICHA agrees to make specific housing assistance payments to the owner on behalf of an eligible family. There is a separate contract for each unit. g. Single Room Occupancy Housing (SRO). An SRO is a unit which contains no sanitary facilities or food preparation facilities or which contains one but not both types of facilities and which is suitable for occupancy by a single eligible individual capable of independent living. SRO housing will not be requested, therefore is not applicable in the ICHA. h. Portability. As discussed in this appendix, portability means the ability for a Housing Voucher holder to move from the jurisdiction of its current PHA to the jurisdiction of another PHA. Any PHA administering a Housing Voucher Program must accept a Housing Voucher holder from another PHA jurisdiction. 2. The Standards for Admission and Continued Occupancy; Application for Admission, Processing and Verification; Determination of Eligibility and the Waiting List will be controlled in the same manner as the Section 8 Existing Certificate Program. Selection from the waiting list will be based on the date the application was complete and all verification received. Only one list will be maintained. Family composition, income and occupancy standards will be identical to Section 8 Existing Certificate Program. Rent computation and determi- nation will differ and are discussed later in this appendix. 3 3. Claims for damages and unpaid rent will be processed in the same manner as the Certificate Program. However, payments will be limited to actual amounts due the landlord up to one contract month rent to owner minus the security deposit the owner could have or actually did collect. The amount of the security deposit cannot exceed the greater of the amount of the TTP or $50.00. 4. Vacancy Loss. The owner retains the Housing Assistance Payment for the month in which the vacancy occurs; the ICHA makes no further vacancy loss payments. III. Calculating Rent and Total Tenant Payment. 1. Computation of Total Tenant Payment (TTP) differs from the Section 8 Certificate Program. The Housing Voucher Program sets the subsidy that the family receives rather than the family contribution to rent and utilities (TTP). The family may use the information about the subsidy to determine a reasonable and affordable rent. The basic subsidy formula is equal to the following: a. Payment Standard minus thirty percent (30%) of monthly adjusted income; or Payment Standard minus ten percent (10%) of the family's unadjusted income. 2. The amount of subsidy will be calculated at different points in participation as follows, using the attached worksheet: a. Estimated at Housing Voucher issuance during the briefing provided by the Housing Specialist. b. Recalculated and fixed after a specific unit is chosen. c. Recalculated at annual recertification. d. Recalculated at income change or change in family composition. e. Recalculated if family moves. 797 FORM A WORKSHEET FOR HOUSING VOUCHER PROGRAM COMPUTATIONS Check one: D Initial D Reexamination D Relocation Family Name Number of Bedrooms per PHA Occupancy Standard A. Estimate Housing Voucher Subsidy 1. Applicable Payment Standard (from.Schedule ) 2. Monthly Adjusted Income 3. 30% of Monthly Adjusted Income 4. Housing Voucher Subsidy (Estimated) Payment Standard (•1) minus 3016. of Adiuned Income (3) B. Check Minimum Total Tenant Payment CITP) GROSS RENT S. Rent to Owner (rent t utilities) 6. Utility Allowance (for utilities not included) 7. Gross Rent w Rent to Owner ('S) plus Utility Allowance (06) MINIMUM TENANT PAYMENT 8. Monthly Unadjusted Income 9. Minimum Total Tenant Payment w 10% Monthly Unadjus•d Inmme (66) TOTAL TENANT PAYMENT 10. Total Tenant Payment w greater of: • (&7) minus Estimated Housing Voucher Subsidy (04) or • Minimum TTP (19) HOUSING VOUCHER SUBSIDY 11. Housing Voucher Subsidy w lesser of: • Gross Rent (07) minus TTP (010) or • Housing Voucher Subsidy (estimated) (04) C. Determine Housing Assistance Payment & UdUty Reimbursement 12. Housing Assistance Payment (HAP) to Owners w lesser of: • Housing Voucher Subsidy (011) or • Rent to Owner (05) 13. Utility ReifnbuTmment to Family w Housing Voucher Subsidy VI 1) minus W 02) D. Tenant Rent & Total Tenant Payment 14. Tenant Rent w Rent to Owner (05) minus HAP (•12) 1S. Total Tenant Payment w Taunt Rent (•14) plus Wiry Allowm (16) m)mn Utility ReUrburnme t (h3) — name as 010 Date of Completion CS — 9 Staff Initials 797' REsDLUPICN No. 85-295 RESaUTION AUTHORIZING EXECUTION Cf' CCNSOLIDATED ANNUAL CCNTRIBUTICNS CCNa'Raj= AND GENERAL DEPOSITARY AGREDEW Iowa City HnUSjnQ Authority Iowa (herein called the Local Authority") proposes (1) to enterinto a contract (herein called the "Consolidated Annual Contributions Ccn- tract") with the United States of America (herein called the "Govern- ment"); and (2) to enter into an agreement (herein called the "General Depositary Agreement") with First National Bank. (which is a manber of the Federal Deposit Insurance Corporation and is herein called the "Bank"); all with respect to any "Project" as defined in the Consolidated Annual Contributions Contract and which at any time now or hereafter is incorporated under the terns of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLCWS: Section 1. The Consolidated Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby ap- proved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerkis here- by authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counter- parts, or any of them, to the Goverrment together with such other documents evidencing the approval and authorizing the execution thereof as may be re- quired by the Goverrnnent. Section 2. The General Depositary Agreement in substantially the form of agreement hereto attached and marked "Exhibit B" is hereby approved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said Agreement in two copies on behalf of the Local Authority, and the City Clerkis hereby authorized and directed to impress and attest the official seal of the Local Authority to each such counterpart, and to forward two executed counterparts hereof to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 3. Mienever the following terns, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution: shall mean this resolution. (2) All other terms used in the Resolution and which are defined in the Consolidated Annual Contributions Contract shall have the re- spective meanings ascribed thereto in the Consolidated Annual Contributions Contract. Section 4. All resolutions or parts of resoluticns heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sanetimes called "Advance Loan Notes") pursuant to the Annual Contri- butions Contract remain in full force and effect. Section 5. This resolution shall take ffect hmedi%iaa�ttel(y A7T�TEST: Mayor -QL,. = City Clerk Rmen)vsd & Approved &Y r i dal D^Fa ,Trent ( %,Crn.cLv !'HA -3010) As A.nr:rled by 530100 M..rr-h 1972 and 24 CFR § 899.102 t D. S. DEPARTMENT OF HOUSING AND URBAN DEITLOPMENT LOW -RENT PUBLIC HOUSING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PART ONE IA021003 PROTECT NO.,=A05PO22004 CONTRACT NO,:IA05PO22005 KC -9166 THIS AGREEMENT entered into as of the day of , 19 (herein called the "Date of This Contract") by and between the UNITED STATES OF AMERICA (herein called the "Government"), pursuant to the United States Housing Act of 1937 (42 U.S.C. 1401, et seq., which Act as amended to the Date of This Contract is herein called the "Act") and the Department of Housing and Urban Development Act (5 U.S.C. 624), and CITY OF IOWA CITY, IOWA (herein called the "Local Authority"), which is a body corporate and politic organized LU and existing under the laws of the of N Z tu a (herein called the "State") and a "Public Housing Agency" Lux as defined in the Act. o = W I T N E S S E T H Z W 2 Z WHEREAS, the parties have entered into various agreements pursuant to which UJ t Lccal Authority has agrzad to undert l:e the development and operation of certain 0 low -rent housing and the Government has agreed to render financial assistance in C7 connection therewith, which agreements are identified as follows: IA022003 - KC -9132 V IA05PO22004 - KC -9160 IA05PO22005 - KC -9173 O M a. ; and, WHEREAS, the parties desire to consolidate their undertakings with respect to all such housing under a single agreement; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties do agree as follows: Sec. 1. Consolidation of Annual Contributions Contracts The agreements described above are hereby consolidated into this Contract and this Contract is hereby substituted for such agreements, Provided, That, this novation shall in no way affect obligations outstanding, accountings due, or other actions taken pursuant to such agreements, all of which matters shall be administered pursuant to and under this Contract. Sec. 2. The Projects (A) The Local Authority, with the financial assistance of the Govern-ment, has developed and is undertaking the operation of certain low -rent housing as defined in the Act, identified as follows: LU CO z w CL x W 0 x z z UJ 2 z ccw O O f- 0 w U 7 O O ccQ. r � 5z• :'wecbet 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR SS 899.102 Project No. IA022003 IA05P022004 Number of Dwelling Unita 32 20 Name of Project Iowa City -Housing Autl Iowa City Housing Autl (B) The Local Authority is undertaking the operation of certain low -rent - housing as defined in the Act, which housing was conveyed by the Government to the Local Authority on the Conveyance Date and is identified as follows: Conveyance Number of Project No. Date Dwelling Units Name of Project N/A (C) The Local Authority is undertaking the development or acquisition and operation of additional low -rent housing as defined in the Act, as follows: Project No. IA05P022005 Estimated Number of Dwelling_ Units 10 (D) Each Project identified in Subsection (C) is more fully described in a statement (herein called a "Development Program") which has been adopted by the Local Authority. (E) Each Project identified in this Sec. 2 is herein called a "Project" and, if more than one Project is so identified, are herein collectively called the "Projects."' Sec. 3. Completion of Projects (A) The Local Authority shall proceed with the timely development of the Projects identified in Sec. 2 in conformity with such dates for the completion of various stages of development as are established for the Projects by the Government and transmitted to the Local Authority by letter. (B) If the Local Authority shall fail to prosecute diligently the development of any Project as required by subsection (B) of Sec. 102 or to proceed with the timely development, as described in subsection (A) of this Sec. 3, of any Project and the Government has notified the Local Authority of such failure, the Local Authority shall suspend the development of the.Project and shall take whatever action is necessary to 3 ;;ovevtber 1969 (Vormarly PRA -3010) As Amended by 53010 ?larch 1972 and 24 CFR § 899.102 conserve monies and assets.'and to stop overhead expenses and losses with respect to such Project. Upon the award of the Main Construction Contract (as defined in Sec. 107) for any Project comprising a number of units less than the number of units specified for such Project in subsection (C) of Sec. 2, the Local Authority shall suspend the development of the remaining number of units and shall take whatever action is necessary to conserve monies and assets and to stop overhead expenses and losses with respect to the remaining number of units unless (1) a Development Program for the remaining number of the units has been submitted by the Local Authority and approved by the Government and (2) this Contract has been amended to (a) specify the reduced number of units and Development Cost of such Project, and (b) identify the remaining number of units by separate project number and specify the Development Cost therefor. Any monies in the General Fund for the development of a Project, suspended in whole or part, in excess of the monies needed therefor under the aforesaid limitations shall be promptly applied to the payment of any Advance or Temporary Notes outstanding in,connection with such Project. (C) The Government shall not be obligated to make any further advances (except such advances which the Government determines to make to the Local Authority for its payment of approvable obligations incurred prior to the notice by the Government to the Local Authority or award of the Main Construction Contract referred to in subsection (B) above) or any annual contributions in respect to any suspended low -rent housing unless and until the Local Authority demonstrates to the satisfaction of the Government that it is willing and able to proceed expeditiously with the development of such suspended low -rent housing and the Government, in its sole discretion determines at that time that it shall render financial assistance to the Local Authority with respect to such housing. (D) The amount of the advances made by the Government on account of the loan for a suspended low -rent housing, together with interest thereon at the applicable Loan Interest Rate to the date of repayment, shall be paid from any funds of the Local Authority available therefor, including the annual payment of all receipts in excess of expenditures necessary for management, operation, maintenance, and reasonable reserves in connection with each low -rent housing project (under this Contract or any other contract between the Local Authority and the Government under authority of the Act) presently or hereafter developed or operated with the financial assistance of the Government or conveyed to the Local Authority by the Government, after (1) the payment of all obligations in connection with such project for which annual contributions are pledged or (2) the Administration Period for such project, as the case may be. (E) The provisions of subsection (B) and (D) of this Sec.3 shall not be in lieu of any rights or remedies which may accrue to the Government by law or under this Contract but shall be in addition to all such rights and remedies. Sec. 4. Development Cost of Projects (A) The Local Authority represents and the Government hereby finds that the Actual Development Cost of each Project identified in subsection (A) of Sec. 2, is as follows: PROJECT NO. ACTUAL DEVELOPMENT COST IA022003 $1,645,945.48 IA05PO22004 $1,036,330.40 Actual Development Cost Certificates as defined in Sec. 405 have been issued or equivalent action taken with respect to all Projects identified in this subsection (A). (B) The Local Authority represents and the Government hereby finds that the cost of Projects N/A all of which were completed on.or before January 1, 1945, excluding the cost of land, demolition, and Nondwelling Facilities, did not exceed $ N/A per family dwelling unit, nor $ N/A per room included in such Projects. i_D-5:010 p..ge.4 Novcn.ber 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR §u 899.102 (C) The Local Authority represents and the Government hereby finds that the cost per room for construction and equipment, excluding land, demolition, and Non -dwelling Facilities, for Projects N/A all of which were completed after January 1, 1948, did not exceed the cost limitations prescribed in or established pursuant to Sec. 15(5) of the Act. (D) The Local Authority represents that the Development Cost of the Projec= identified in subsection (C) of Sec. 2 shall not exceed the following: Project No. Estimated Number of Estimated Total Initial Loan Dwelling Units Development_ Cost Commitment IA05PO22005 10 $582,982.00 $58,298.00 Development Cost of Project The Local Authority estimates that the total Development Cost of each Proje:t will not exceed the Estimated Total Development Cost therefor as specified in Sec. 1, which estimate is approved by the Government. The respective amounts of such Estimat=d Total Development Cost, or the latest revisions thereof pursuant to the provisions of Part Two hereof, are herein called the "Maximum Development Cost" of the respective Projects or of all the Projects in the aggregate as the context indicates. The Local Authority, however, shall complete the development of the Projects at the lowest possible cost, and in no event at a cost in excess of the aggregate amount of the aforesaid Estimated Total Development Cost. Provided, however, that as to any Projec= for which the award of (i) the Main Construction Contract, or (ii) a Turnkey Prelimi—_ry Contract of Sale or Contract of Sale is approved by the Government on or after April 30, 1971, the Development Cost for construction and equipment of such Project (excluding land, demolition, and Non -dwelling Facilities) shall not exceed by more than ten percaatur the appropriate prototype cost for the area in which such Project is situated as determined by the Government pursuant to Section 15(5) of the Act and which is in effect on the date of the Government's approval of the award of such Contract in lieu of the specified Development Cost per room. Cost Limits (1) The Development Cost for construction and equipment of each Project (excluding land, demolition, and Non -Dwelling Facilities) shall not exceed by more t`=� ten (10) percentum the appropriate prototype cost for the area in which such Project =s situated as determined by the Government pursuant to Section 15(5) of the Act and whi:H is in effect on the date of the Government's approval of the award of the Main Construction Contract. (2) The term "Non -Dwelling Facilities" as used in this Contract includes non -dwelling structures, spaces, and equipment, and site development, improvements z. facilities located outside building walls (including streets, sidewalks, and sanitar:, utility, and other facilities, but excluding separate heating plant structures, equipment, and distribution lines). Sec. 5. Covenant to Develop and Operate The Local Authority shall develop each Project being or to be developed an -- shall operate all Projects covered by this Contract in compliance with all provisiots of this Contract and the Act, all regulations issued by the Government pursuant there=-), and applicable provisions of state and local law. Z w W Z LU CL X Lu ❑ 7 z z W 2 Z Lu O O f- Lu U O O a pa,,.e 'S :ovember 1969 (Formerly PHA -3010 As Amended by 53010C March 1972 and 24 CFR 5S 899.102 - Sec. 6. Cooperation Agreement With respect to the Projects, in compliance with Sec. 10(a), Sec. fO(h), and Sec. 15(7)'(b) of the Act, the Local Authority has entered into, and the Governmen- has approved, an agreement or agreements with the governing body or bodies of the locality or localities in which such Projects are or will be situated, as follows: Project No. Governing Body Of: Date of Agreement IA022003 Iowa City, Iowa April 4, 1978 IA05P022004 Iowa City, Iowa July 17, 1979 IA05P022005 Iowa City, Iowa July 17, 1979 Such agreement or agreements collectively are herein called the "Cooperation Agreement_" Sec. 7. Justification for Projects and Financial Assistance by the Government The Local Authority has demonstrated to the satisfaction of the Government that there is a need for such low -rent housing which is not being met by private enterprise. The development and operation of each Project in ac.ordance with this Contract will provide decent, safe, and sanitary dwellings within the financial reach of families who are in the lowest income group and who cannot afford to pay enough to cause private enterprise in their locality or metropolitan area to build an adequate supply of decent, safe, and sanitary dwellings for their use (which families are herein called "Families of Low Income"), and the provisions of this Contract are adequate to assure that each such Project will be developed and operated in compliance with all the requirements of the Act. The loan herein provided is necessary to assist the development of each Project, and the annual contributions payable in the amounts, for the period, and in the manner herein provided are necessary to achieve, maintain, and assure the low -rent character of each such Project. Sec. 8. Tax Exemption of Project Under the Constitution and Statutes of the State each Project is exempt fres all real and personal property taxes which may be levied or imposed by the State, cit_, county, or other political subdivisions. Sec. 9. Loans and Annual Contributions .(A) Subject to and in accordance with all the provisions of Part Two herecl, and in order to assist the development of each Project, the Government shall lend to =he Local Authority amounts (the total of which is herein called the•":Saximum Loan Commit- ment") as determined pursuant to Sec. 410. Each advance on account of the loan for any Project shall bear interest on the unrepaid principal amount thereof from the date the advance is made to the date of repayment at the rate or rates (herein called "Lo_ Interest Rate") as the Government determines on the date such advance is made and redetermines on each anniversary of such date to be equal to the rate per annum borne by Government obligations on each such date pursuant to Sec. 20 of the Act: Provided, That the Loan Interest Rate for each advance, which shall be adjusted annually as provided herein, shall not be less than the "Minimum Loan Interest Rate" specified in the following subsection (B) for such Project. (B) The "Initial Loan Commitment" for each Project which has not been Permanently Financed on the Date of This Contract and the Minimum Loan Interest Rate for all the respective Projects shall be as follows: w CO Z LU IL x W x Z Z LU 2 Z M w O C7 F- LU w U O cr 0. 1 November 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 Project No. IA05P022005 Initial Loan Commitment $58,298.00 Minimum Loan Interest Rate 10% (C) Subject to and in accordance with all the provisions of Part Two hereof, and in order to assist in achieving and maintaining the low -rent character of each Project, the Government shall make annual'contributions to the Local Authority in amounts as determined pursuant to Part Two. (D) The "Maximum Contribution Percentage" and "Maximum Number of Contribution: for each Project and the "Maximum Contribution Period" for Projects where such period has been determined as of the Date of This Contract shall be as follows: Project No. IA022003 IA05P022004 IA05P022005 Maximum Contribution Percentage 7.177 7.177 .10608 Maximum Number of Contributions 40 40 30 Maximum Contri--uti Period 40 40 30 The Maximum Contribution Period for any Project where such period has not been deter -'zed as of the Date of This Contract shall begin on the date the first annual contribution with respect to such Project is paid pursuant to Sec. 415, and continue for consecutive years of a number equal to the Maximum Number of Contributions for such Project. (E) The making of this Contract and the undertakings of the loans and annual contributions herein provided for were approved on List Nos.IA022003/KC-81-189; IA05P022004-Amended List No. KC-83-046;IA05P022005-Public Housing Funding Reservation dated 9-25-84 and 11-27-84. Sec. 10. Bonds, Fiscal Year, Annual Contribution Date and Related Matters (A) With respect to the Projects, the Local Authority shall authorize, issue, and sell to others than the Government, obligations of the type prescribed in Sec. 411 (herein called the "Bonds"), all as prescribed in Part Two of this Contract, which Bonds shall be in addition to those heretofore issued by the Local Authority as described in the following subsection (B). (B) As of the Date of This Contract the Local Authority has issued and delivered its Bonds to finance the Development Cost of the Projects, as follows: Project No. Bond Issue N/A Principal Amount M 7 , November 1969 (Formerly PHA -3010) As Amended by 53010C :larch 1972 and 24 CFR § 899.102 (C) Notwithstanding any of the provisions of this Contract: ,1. The Fiscal Year under this Contract shall be each period of twelve consecutive months beginning with July 1 2. The Annual Contribution Date under this Contract shall be December 15 of each year: Provided, That the semiannual installments of any Accruing Annual Contribution allocable to any issue of Bonds shall be paid on the fifteenth day of the m6nth prior to each interest payment date of such Bonds. 3. The Fiscal Agent under this Contract shall be as designated in the Bond Resolution. (D) To further evidence its covenant not to convey or encumber the Projects (except as expressly authorized herein) the Local Authority has executed and delivered certain Declaration of Trust of record at o nson Co. Recorders Utlice of Johnson County Court Hous, Iowa City in the State of Iowa Sec. 11. Additional Special Provisions for Project Nos. The following additional provisions and modifications of either this Part One of Part Two hereof shall apply to Projects N/A (A) The maintenance and operation of each such Project in strict compliance with the provisions of this Contract, the application or payment of the Residual Receipts of such Projects and payment to the Government of the proceeds of sale of any such Project or part thereof as provided herein, and the performance of all other obligations of the Local Authority herein provided for, constitute the consideration for conveyance of the Projects. The Government hereby determines such consideration to be the fair value of Project N/A for housing purposes of a low -rent character. Projects N/A are consolidated hereunder pursuant to authority of the—so-called Lanham Act (Public Law 849 - 76th Congress, as amended, particularly the Amendments contained in the Housing Act of 1959, Public Law 86-372). (B) For the Period (herein called the "Administration Period") from the Date of This Contract to a date which is 40 years after the Conveyance Date of each such Project as specified in Sec. 2(B) the Local Authority shall maintain and operate Path such Project in accordance with the provisions of this Contract. (C) For each Fiscal Year during the Administration Period with respect to which no annual contributions are payable pursuant to Sec. 415 of this Contract, the Local Authority shall pay to the Government all Residual Receipts derived from"such Projects which payments shall be made within 60 days after the end of any such Fiscal Year. (D) If, at any time during the Administration Period, the Government- and the Local Authority agree that any such Project or part thereof should be sold, such sale shall be to the highest responsible bidder after advertising, or at fair market value as approved by the Government, and the proceeds of such sale (together with any reserves allocable to such Project in the event such Project is sold in its entirety) shall be paid to the Government. (E) The Government shall not make any loans or annual contributions pursuant to this Contract with respect to any such Project. (F) Such Projects shall not constitute Permanently Financed Projects c:ithir. the meaning of this Contract or any Bond Resolution heretofore or hereafter adopted by the Local Authority. Stn 4 W co Z w CL X W O 7 2 Z Z W 2 Z ccW O O F- W W U 7 0 O cca Ilovemb::r 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 (G) To the extent that this Section conflicts with any other provision of this Contract, the provisions of this Section shall be controlling with respect to such Projects. (H) The term "Administration Contract" as used in the instrument of conveyance of each such Project shall, after the Date of This Contract, be construed to mean this Contract. Sec. 12. National Emergency (A) The Local Authority shall, (1) during any period of national emergency in connection with national defense as declared by the President of the United States or any period during which a state of war between the United States and any foreign power exists, and (2) upon either a determination by the President of the United States that there is an acute shortage of'housing in the locality of any Project which impedes the national defense and that the necessary housing would not otherwise be .provided when needed for persons engaged in national defense activities, or a ' determination by the President of the United States that there is an acute reed for housing in the locality of any Project to assure the availability of dwellings for persons engaged in national defense activities to the maximum extent authorized or permitted under applicable Federal and State laws then in effect, operate such Project to provide housing for persons engaged in national defense activities. (B) If, by reason of any such emergency or state of war, the construction of any Project is either prohibited or stopped prior to the delivery of Bonds and it appears that such prohibition or stoppage of construction will. continue for an extended period, the Local Authority shall refrain from the award of any further Construction or Equipment Contracts, shall take in respect to Construction or Equipment Contracts already let whatever action is reasonably necessary to conserve monies and assets (including termination or settlement of any outstanding Construction or Equipment Contracts), and shall take all other reasonable actions necessary to minimize overhead expenses and losses. Any monies in the General Fund for the development of such Project in excess of the amounts needed therefor under the aforesaid limitations shall, upon request of the Government, be applied to the payment of any Advance Notes or Temporary Notes issued in connection with such Project, and the Government shall not be obligated to make any further advances with respect to work under Construction or Equipment Contracts until such prohibition or stoppage is ended. Nothing in this subsection (B) shall be construed as prohibiting the Local Authority from proceeding with site acquisition and the completion of plans, drawings, specifications, and related documents. Sec. 13. Incorporation of Part Two in This Contract The Terms and Conditions embodied in Form HUD -53011, November, 1969, are incorporated herein by reference and constitute Part Two of the Annual Contributions Contract as amended to the date hereof, and shall supersede all earlier issuances of such Terms and Conditions referred to in such Contract. Sec. 14. Additional Provisions and Modifications The following additional provisions and modifications of either Part One or Part Two, as hereafter set forth constitute the only modifications to this Contract: (A) Nondiscrimination in Housing (1) In connection with the development and operation of any program or activity of the Local Authority receiving Federal financial assistance under the United States Housing Act of 1937, regardless of when such program or activity, or any portion thereof, was initially covered by any contract for such assistance, and for as long as the real property or structures thereon in such program or activity, or any portion thereof, is used for a purpose for which the Federal financial assistance was extended w U Z w CL X LU D 2 N Z W 2 Z cc Lu O C7 E- LU U O a. Hi;D-5='�i1C F.'•^e 9 November 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 or for another purpose involving the provision of similar benefits, the Local Authority will, comply with all requirements imposed by Title VI of the Civil -Rights Act of 1964, Public Law 83-352, 78 Stat.241; the regulations of the Department of Housing and Urban Development issued thereunder, 24 CFR, Subtitle A, Part 1, Section 1.1 et seq.; and the requirements of said Department pursuant to said regulations; to the end that, in accordance with that Act and the regulations and requirements of said Department thereunder, no person in the United States shall, on the ground of race, color,or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any such program or activity. The Local Authority will be contractual requirement, covenant, or other binding commitment, assure the same compliance on the part of any subgrantee, contractor, subcontractor, transferee, successor in intarest, or other participant in the program or activity, such commitment to include the following clause: "This provision is included pursuant to the regulations of the Department of Housing and Urban Development, 24 CFR, Subtitle A, Part 1, Section 1.1 et seq., issued under Title VI of the said Civil Rights Act of 1964, and the requirements of the said Department pursuant to said regulations; and the obligation of the (contractor or other) to comply therewith inures to the benefit of the United States, the said Department, and the Local Authority, any of which shall be entitled to invoke any remedies available by law to redress any breach thereof or to compel compliance therewith by the (contractor or other.)" (2) The Local Authority shall not, on account of creed, discriminate in the sale, leasing, rental, or other disposition of housing or related facilities (including land) included in any Project or in the use or occupancy thereof, nor deny to any family the opportunity to apply for such housing, nor deny to any eligible aprl:cant the opportunity to lease or rent any dwelling in any such housing suitable to its needs. (3) Failure of the Local Authority to comply with the requirements of (1) or (2) above shall constitute a Substantial Default under any contract between the Government and the Local Authority covering Federal financial assistance under the United States Housing Act of 1937, and this Section shall be construed to apply so long as any such contract is in force or effect. (B) The Local Authority will acquire Project No. N/A pursuant to a Contract of Sale to be entered into between the Seller and the Local Authority. Prior to the execution of such Contract of Sale, the Local Authority may enter into a Preliminary Contract of Sale with the Seller to enter into such Contract. Such Preliminary Contract and such Contract shall bear the written approval of the Government. Failure of the Local Authority to expeditiously continue the undertaking of the Project or to comply with the Preliminary Contract or Contract, or if the Preliminary Contract or Contract is held to be void, voidable or`ultra vires, or if the power or right of the Local Authority to enter into the Preliminary Contract of Sale or the Contract of Sale is drawn into question in any legal proceeding, or if the Local Authority asserts or claims that the Preliminary Contract or Contract is not binding upon the Local Authority for any such reason, tha occurrence of any such event, if the Seller is not in default, shall constitute a Substantial Default for the purpose of Article V hereof and, in such case, the Government will continue the undertaking of the Project and will take delivery of such right, title or interest in the Project as the Local Authority may have and perform such Preliminary Contract of Sale or Contract of Sale, as the case may be. The provisions of this paragraph are made with, and for the benefit of, the Seller and his assignees who will have been specifically approved by the Government prior to such assignment. To enforce the performance of this provision, the Seller and such assignees, as well as the Local Authority, shall have the right to proceed against the Government by action at law or suit in equity. In order to assist in financing the acquisition cost (herein called Development Cost) of the Project, the Government shall lend to the Local Authority an amount equal to the Maximum Development Cost of the Project. 9/19 ::': D-S3G10 1'cg 10 Suvcmber 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR g 899.102 ` (C)Site Acquisition and Relocation of Site Occupants The Local Authority understands and agrees that, anything in this Contract to the contrary notwithstanding, acquisition of Project sites and relocation of, and payments to, site occupants will be carried out in accordance with all regulations and requirements of the Government and in compliance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, approved January 2, 1971). The Local Authority further warrants and agrees that it is able to comply with such requirements and the assurances required by Sections 210 and 305 of Public Law 91-646 are hereby given. Costs and expenses, as approved by the Government, of compliance with said requirements will be included in the Development Cost of the Piojects. (D) Terms Redefined. The terms "Advance Note" and "Temporary Note" as used in either Part One or Part Two of this Contract shall be construed to mean "Project Loan Note" and "Project Note", respectively. (E) Clean Air Act and Federal Water Pollution Control Act The Local Authority shall incorporate or cause to be incorporated into any contract for construction or substantial rehabilitation, such clause or clauses as are required by the Government for compliance with the regulations issued by the Environmental Protection Agency pursuant to the Clean Air. Act, as amended, the Federal Water Pollution Control Act, as amended, and Executive Order 11738. The Local Authority shall cooperate with the Government in the conducting of compliance reviews pursuant to said Acts and Regulations. (F). Flood Disaster Protection Act The Local Authority shall incorporate or cause to be incorporated into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply with such clause when it is the owner): "If the Project is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, the Owner agrees that the Project will be covered, during its anticipated economic or useful life, by flood insurance in an amount at least equal to its development or project cost (less estimated land cost) or to the maximum limit of coverage mace available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less." (G) Amendments and Modifications of Fart Two (1) Section 203 is amended by adding a new subsection (C) as follows: (C) The Local Authority shall promptly notify (1) any applicant determined to be ineligible for admission to any Project of the basis for such determination and provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination and (2) any applicant determined to be eligible for admission to any Project of the approximate date of occupancy, insofar as such date can be reasonably determined. (2) Section 204(E) is amended by changing the period at the end thereof to a colon and adding: "Provided, that no tenant's rent may exceed one-fourth of the tenant's family income as defined by the Secretary of Housing and Urban Developm,:nt; Provided further, that this requirement shall not apply in any case in which thc- Secretary of Housing and Urban Development determines that so limiting the rent of any tenant or class of tenants will result in a reduction in the amount of wctf.ire Hun -x,010 Page 11 November 1969 ('rormarly PICA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 assistance which would otherwise be provided to such tenant or class of tenants by a public a4ency. (3) Section 3080) is amended by changing the reference to "Sec. 415(C)(3)" to "Ser-. 415(C)(1)(d)." (4) Add a new Section 314 and a new Section 315 as follows: "Sec. 314. Employment of Project Area Residents and Contractors. The Local Authority shall comply and shall require each of its contractors and subcontractors employed in the development or operation of each Project to comply with Section 3 df the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the regulations and requirements of the Government thereunder, requiring that to the greatest extent feasible opportunities for training and employment be given lower income residents of the Project area and that contracts for work in connection with the Project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the Project." "Sec. 315. Contracts for Personal Services. The Local Authority shall not enter into, execute, or approve, any agreement or contract for personal, management, legal or other services with any person or firm where the initial period or term of the contract is in excess of two (2) years, or where the contract contains a renewal provision for any period of time, without the prior written consent of the Government. Where an existing contract contains a renewal provision, automatic or otherwise, which extends the term of the contract for any period, the Local Authority shall not act to renew or extend such contract, or fail to take any necessary action to forestall automatic renewal or extension, without the prior written approval of the Government." ..(5) Section 407(D) is amended to read as follows: "(D) With each submission of Operating Budgets, the Local Authority shall submit estimates of the Accruing Annual Contribution and the Additional Annual Contribution required for the period covered by such Budgets." (6) Section 407(F) is amended by inserting the phrase "and Additional Annual Contribution" after the term "Accruing Annual Contribution" and by changing the period at the end of the last sentence to a comma and adding the phrase "or to the amount of the Additional Annual Contribution." (7) Section 408(B)(2) is amended by substituting the term "Debt Service Annual Contribution" for the term "Fixed Annual Contribution." (8) Section 410 is amended by deleting the phrase•"90 percent of the sum of." (9) Section 413(A)(5) is amended by substituting the term "Debt Service Annual Contribution's for the term "annual contributions." (10) Section 415 is amended by deleting the present Sec. 415 and substituting the following therefor: (A) The Government shall make annual contributions to the Local Authority for each Project. Such annual contributions shall include Debt Service Annual Contributions (or Basic Annual Contributions in respect to Leased Housing Projects) and Additional Annual Contributions. The Government (1) shall make Debt Service Annual Contributions'to the Local Authority for each Permanently Financed Project and (2) may, in its determination, make Debt Service Annual Contributions to the Local Authority for each Project which is not Permanently Financed. The date 12 ::ovember 1469 (formerly PITA-3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 upon which each Debt Service Annual Contribution is payable (except the first Debt Service Annual Contribution with respect to a Project not Permanently Financed which may be made available as of the Date of Full Availability of such Project) shall be known as the "Annual Contribution Date." If the Annual Contribution Date is not specifically set forth in Part One of this Contract such Date shall be the fifteenth day of the fourth, fifth or sixth month of the Fiscal Year as determined by the Government. (B) The first Debt Service Annual Contribution with respect to each Permanently Financed Project shall be due and payable on the Annual Contribution Date which is seventeen months and fourteen days after the Bond Date of the First issue of Bonds issued to finance any part of the Development Cost of such Project. The first Debt Service Annual Contribution with respect to each Project which is not Permanently Financed may be made available as of the Date of Full Availability of such Project and shall be determined in accordance with subsection (C)(1)(d) of this Sec. 415. If the first Debt Service Annual Contribution with respect to a Project is made available as of the Date of Full Availability of such Project, the second Debt Service Annual Contribution with respect to such Project may be made on the Annual Contribution Date which occurs LU not less than twelve months subsequent to the Date of Full Availability of such wProject, subsequent Debt Service Annual Contributions shall be payable on each a Annual Contribution Date thereafter. X UJ p (C) On each Annual Contribution Date the Government shall pay (subject to reduction as hereinafter in this Sec. 415 provided) Debt Service Annual F Contributions for each Project, with respect to which any Debt Service Annual Li Contributions are then payable. i Z (1) The amount of the Debt Service Annual Contribution' j she11 be eq,ial to the sum of the Level Debt Services of all unmatured issues of Bonds, 0 bearing a Bond Date not later than seventeen months and fourteen days prior to such Annual Contribution Date, as specified in the applicable Bond Resolution, plus an < amount or amounts allocable to Permanent, Project Loan, or Project Notes, as follows: ui w j(a) With respect to each Project Permanently Financed by an issue of Bonds equal to the Minimum Development Cost first established for such 0 Project, an amount, as determined by the Government, which if applied annually at the CL interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the unamortized portion of the Minimum Development Cost of such Project which exceeded as of the last day of such Fiscal Year the principal amount of such issue of Bonds would fully amortize such portion not later than the first day of the month following the last Annual Contribution Date for such Project; (b) With respect to each Project Permanently Financed by an Issue of Bonds in an amount less than the amount of the Minimum Development Cost first established for such Project, an amount equal to (i) the applicable Minimum Loan Interest Rate times the amount by which the Minimum Development Cost as first established for such Project exceeds the principal amount of such issue of Bonds, plus (il) an amount, as determined by the Government, which if applied annually at the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the portion of the Minimum Development Cost of such Project which exceeds as of the last day of such Fiscal Year the Minimum Development Cost as first established for such Project would fully amortize such portion not later than the first day of the month following the last Annual Contribution Date for such Project; and (iii) commencing on the Annual Contribution Date next following the last maturity date of such issue of Bonds, the amount of the Level Debt Service of such issue of bonds; and (c) With respect to each Project financed by a Permanent Note in lieu of Bonds, an amount, as determined by the Government, which if applied annually at the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to thu un:;mortized portion of the Minimum Development Cost of such Project which exceeded as of the last day of such Fiscal Year the Minimum Development Cost as first establie;hed UJ W Z w IL X w 0 2 Z Z w 2 Z LU O C7 F- w U O O ccQ. , , --.3n10 Pn 13 `tovam�.,-r 1969 _ (Fore.^rly PHA -3010) As Amonded by 53010C March 1972 and 24 CFR § 899.102 for such Project would fully amortize such portion not later than the first-day of the month following the last Annual Contribution Date for such Project; and (d) With respect to each Project which is not Permanently Financed, an amount, as determined by the Government, which if applied annually at the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the unamortized portion of that figure determined by the Government to be that below which the Development Cost of such Project will in no event fall would fully amortize such portion not later than the first day of the month following the last Annual Contributio^ Date for such Project. Upon delivery of any issue of Bonds to refund Permanent, Project Loan or Froject Notes, the amount of the Level Debt Service of such issue of Bonds shall be in lieu of the portion of the Debt Service Annual Contribution allocable to such Notes whether pursuant to clause (a), (b), (c), or (d) above. (2) On each Annual Contribution Date the actual amount of the Debt Service Annual Contribution to be paid (herein called the "Accruing Annual Contribution") shall be an amount equal to the Debt Service Annual Contribution less (1) the amount then on deposit in the Debt Service Fund for the reduction of annual contributions pursuant to subsection (C) of Sec. 416, and (2) any amount then on deposit in the Debt Service Fund, pursuant to subsection (B) of Sec. 414, on account of interest accrued on any issue of Bonds after a date which is six months after the Bond Date of such issue. (3) The Government, notwithstanding any other provision of this Contract, may make payment of any Accruing Annual Contribution in semiannual installments as follows: (a) the first installment shall be paid on the Annual Contribution Date in the amount, if any, by which (i) the Accruing Annual Contribution exceeds (ii) the amount of principal and interest which will become due and payable on the next following anniversary of the Bond Date on all Bonds outstanding at the end of the preceding Fiscal Year and which bear a Bond Date not later than seventeen months and fourteen days prior to such Annual Contribution Date; (b) the balance of such Accruing Annual Contribution shall be paid on the date six months after such Annual Contribution Date. (4) At least thirty days prior to each Annual Contribution Date, the Fiscal Agent shall file with the Government a report showing the amount of each deposit made into the Debt Service Fund since the next preceding Annual Contributiol Date and the balance in the Debt Service Fund as of the date of such report. (5) At least fifteen days prior to each Annual Contribution Date, the Local Authority shall file with the Government a requisition and voucher for the payment of the current Accruing Annual Contribution. (6) Except as otherwise provided in subparagraphs (7) and (8) of this Sec. 415(C), the Government shall pay each Accruing Annual Contribution, or installment thereof, to the Fiscal Agent for deposit in the Debt Service Fund. The Government, at the time of such payment, shall furnish to the Local Authority and to the Fiscal Agent a statement showing (in detail and with appropriate explanations) the amount of the Accruing Annual Contribution, and the method by which the Accruing Annual Contribution will be paid. Each such statement shall include a schedule showing on the basis of information available to the Government, the distribution to be made o: the funds in the Debt Service Fund pursuant to Sec. 416. (7) On each Annual Contribution Date on which any Permanent, Project Loan or Project Notes, issued in connection with any Project with respect to which an annual co:tribution is then payable remain outstanding and until full repayment, with interest at the applicable Loan Interest Rate, of all expenditures, if any, made by the Government in connection with any such Project pursuant to Sec. 505 hereof, such portion of the Accruing Annual Contribution, which if deposited in the A !il". 010 Pa:.e 14 November 1959 (Formerly PHA -3010) As Av.ended by 53010C March 1972 and 24 CFR § 899.102 Debt Service Fund would (together with the monies then on deposit in said Fund for the reduction of annual contributions pursuant to this Contract plus the amount of the second installment, if any, of such Accruing Annual Contribution) exceed the sum of (a) an amount equal to the principal and interest becoming due and payable during the twelve -months period following such Annual Contribution Date on each issue of Bonds bearing a Bond Date not later than seventeen months and fourteen days prior to such Annual Contribution Date, plus (b} an amount equal to the aggregate Bond Service Carry -Over required to be on deposit in the Debt Service Fund on the enext succeeding P.nnual Contribution Date, may be withheld by the,Government, and applied to the full extent thereof: First, to reimbursement of the Local Authority for any advance (not theretofore reimbursed) made pursuant to Sec. 414(D); and Second, to the payment of interest and principal of such Notes and repayment of such expenditures in proportion, with respect to each such Project, to the applicable portion of the Debt Service Annual Contribution determined pursuant to clauses (a), (b), (c), or (d) as the case may be, of Sec. 415(C)(1): Provided, that any amounts which would otherwise be applied to the payment of principal under the aforesaid Second order of preference may be withheld (for not more than twelve W moths) and be used for the payment of interest on any Bonds which may be subsequently Zissued to refund such Notes and expenditures. W X (8) When monies sufficient for the payment and discharge of W all Bonds have been deposited with the Fiscal Agent in trust for such purpose, Accruing j Annual Contributions, Residual Receipts, and monies otherwise payable to the Debt = Service Fund shall be applied, as approved by the Government, to the payment of the notes r and expenditures and in the f w p proportion as prescribed in subparagraph (7) o_ this Sec. i 415(C). Monies so applied by the Local Authority during the twelve months period 2 preceding each Annual Contribution Date which, except for the provisions of this X subparagraph (8), would have been on deposit on such Annual Contr_bution Date in the 0 Debt Service Fund for the reduction of annual contributions, shall be deemed to have t7 been on deposit in the Debt Service Fund on such Annual Contribution Date for the purpose of subparagraph 2 of this Sec. 415(C). O ' W (9) No Accruing Annual Contribution shall be paid or made U available by the Government pursuant to this Contract in an amount in excess of an 0 amount which together with all monies then on deposit in the Debt Service Fund will tt be sufficient to fully pay and retire the outstanding Bonds, Permanent Notes, Project o Loan Notes, and Project Notes issued in connection with all Projects with respect to which annual contributions become payable and to repay, with interest at the applicable Loan Interest Rate, all expenditures made by the Government in connection with the development of such Projects pursuant to Sec. 505 hereof. The obligation of the Government to pay to make available Debt Service Annual Contributions pursuant to this Contract with respect to any such Project shall terminate when (a) all such Bonds and Notes issued in connection with such Project have been fully paid and retired, or when monies sufficient for the payment and retirement thereof have been deposited in trust for such purpose in accordance with the terms of such Bonds and Notes, and (b) all such expenditures, with interest thereon, by the Government in connection with such Project have been fully repaid. (D) The Government shall also make Additional Annual Contributions to the Local Authority (a) for each Fiscal Year in an amount which together with all other Operating Receipts of the Projects will be sufficient to pay the Operating Expenditures of such Projects in accordance with the Operating Budgets for such Projects as approved by the Government, and (b) with respect to a Proiect for which payments of Debt Service or Basic Annual Contributions will be made for a period of less than forty years, in an amount and for purposes as approved by the Government, to provide for necessary initial expenses not charged to the Development Cost of the Project. (1) The Local authority shall submit to the Government, together with the Operating and Development Budgets for the Projects, an estimate of the amount of Additional Annual Contributions which will be required for the period covered by such Budget. The Government may approve such estimate or revision thereof in full or in a reduced amount and the amount so approved pursuant to such estimate or any revision thdr�of shall be the maximum amount of Additional Annual Contributions payable in respect to the Projects for the period covered by such Budget. The Covarnment shall not in any Fedentl Fiscal Year approve any estimate or revision thereof in an amount which, together wit', the a„uunt of all Additional Annual Contributions then contracted for by the Govrrnr:ent, ::ould exceed the amount as determined by the Covernmer.t of Additioant Annual Contrlruiionr d�v� Lu U) Z w Q. X w 0 2 Z Z w 2 Z 2 w O C7 F - Lu Lu U O O ccCL •nuu-»w iu -� Pagh 15 November 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 contracting authorization pursuant to the Act. (2) The Government shall not be obligated to make any payments on account of the Additional Annual Contributions in an amount in excess of the amount specifically approved by the Government. (E) Anything in this Contract to the contrary notwithstanding, the maximum annual contribution payable hereunder with respect to any twelve month period shall not exceed the aggregate of (a) the applicable Maximum Contribution Percentage of the latest established Minimum Development Cost for each Permanently Financed Project plus (b) the applicable Maxt,m,m Contribution Percentage of (i) the amount determined by the Government to be that below which the Development Cost will in no event fall, or (ii) the Actual Development Cost, as the case may be, of each Project which is not Permanently Financed, plus an amount not to exceed $120 per annum per dwelling unit occupied by families as described in Sec. 10(a) of the Act. For the purpose of determining such maximum annual contribution, the term "Maximum Contribution Percentage" with respect to each Project shall mean the going Federal rate (as defined in Section 2(10) of the Act) applicable at the (1) date of approval of the Annual Contributions Contract covering such project, or (2) the date of determination of such maximum annual contribution, whichever -is the higher, plus (a) two percent in the case of Projects having a Maximum Contribution Period of forty years, or (b) one percent in the case of projects having a Maximum Contribution Period of sixty years. (11) Section 417(C) is amended by substituting the term "Debt Service Annual Contribution" for the term "Fixed Annual Contribution." (12) Section 418(B) is deleted. (13) Section 419(B)(3) is amended by substituting the phrase "Debt Service Annual Contribution as determined pursuant to clauses (a), (b), (c), and (d) of Sec. 415(C)(1)" for the phrase "Fixed Annual Contribution as determined pursuant to clauses (1),(2),(3), and (4) of Sec. 415(C)." Sec. 15. Performance of Conditions Precedent to Validity of this Contract The Local Authority certifies that all conditions precedent to the valid execution and delivery of this Contract on its part have been compiled with, that all things necessary to constitute this Contract its valid, binding, and legal agreement on the terms and conditions and for the purposes herein set forth have been and are in all respects duly authcv±ized in accordance with law. The Government similarly certifies with reference to its own execution and delivery of this Contract. Sec. 16. Clean Air Act and Federal Water Pollution Control Act (a) The Local Authority shall incorporate or cause to be incorporated into any contract for construction or substantial rehabilitation, such clause or clauses as are required by the Government for compliance with the regulations issued by the Environmental Protection Agency pursuant to the.Clean Air Act, as amended, the Federal Water Pollution Control Act, as amended, and Executive Order 11738. The Local Authority shall cooperate with the Government in the conducting of compliance reviews pursuant to said Acts and Regulations. (b) Flood Disaster Protection Act The Local Authority shall incorporate or cause to be incorporated into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply with such clause when it is the owner); "If the Project is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, the Owner agrees that the Project will be covered, during its anticipated w Z LU CL X W x Z Z w 2 Z w O O F w U O O CL HUO-53010 t Page 16 November4 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR ® 899.102 economic or useful life, by flood insurance in an amount at least equal to its development or project cost (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less." Sec. 17 Local Authority Contracts with Third Parties and Subcontractors (a) Clean Air Act and Federal Water Pollution Control Act (1) The provisions of subparagraph (2) of this Section shall not be applicable if the maximum amount of housing assistance payments under the Housing Assistance Payments Contract, over the maximum term of said Contract, is $100,000 or less. (2) In compliance with regulations issued by the Environmental Protection Agency (EPA), 40 CFS, Part 15, 39 F.R. 11099, pursuant to the Clean Air Act, as amended (Air Act), 42 U.S.C. 1857 et seq., the Federal Water Pollution Control Act, as amended (Water Act), 33 U.S.C. 1251 et seq., Executive Order 11738, the Owner agrees that: (i) any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to Section 15.20 of said regulations; (ii) he will promptly notify the LHA of the receipt of any communication from the EPA indicating that a facility to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities: (iii) he will comply with all the requirements of Section 114 of the Air Mt and Section 308 of the Water Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder; and (iv) he will include or cause to be included the provisions of paragraph (2) (i) through (iv) of this Section in every nonexempt subcontract, and that he will take such action as the Government may direct as a means of enforcing such provisions. (b) Flood Disaster Protection Act. The local Authority shall incorporate or cause to be incorporate& into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply with such clause when it is the owner); "If the Project is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 1948, the Owner agrees that the Project will be covered, during its anticipated economic or useful life, by flood insurance in an an amount at least equal to its development or project cost (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less.: �M HUD -S3010 Pap 17 NOvamber 1969 (Formerly PHA -3010) As Amended 2 by53010C 14 ?RlA789pIO2 18. Notwithstanding any other provision of the Existing Contract as amended the following is incorporated and shall supersede any contractual provisions in conflict therewith: At least 20 percentum of the dwelling units in any project placed under annual contributions contract in any year after (September 26, 1975) shall be occupied by very low-income families. (1) Under section 3(1) of the Act: (2) Under section 4(a) of the Act:. (a) * * * such loans (i.e., loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such a3en- cies) shall bear interest at a rate specified by the Se- cretary which shall not be less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding market- able obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus one-eighth of per centum. * * * (3) Under section 6(a) of the Act: tai: (a) * * * except in the case of housing.pr:dominantly for w the elderly, high-rise elevator projects shall not be Q. provided for 'families with children unless the Secre- ta tary makes a determination that there is no practical alternative. x (4) Under Section 6(b) of the Act: w (b) * * * the cost of construction and equipment of the Z project (excluding land, demolition, and nondwelling 0: facilities) on which the computation of any annual > contributions under this Act may be based shall not 0 exceed by more than 10 per centum the appropriate F prototype cost for the area. Q (5) Under section 6(c) of the Act: U (e) .(1) the Secretary may require the public housing M agency to review and revise its maximum income limits 0 if the Secretary determines that changed conditions in 0. the locality makes such revision necessary in achiev- ing the purpose of this Act (2) the public housing agency shall determine, and. so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project at intervals of two years (or at shorter intervals where the Secretary deem it desirable); (3) the public housing agency shall promptly notify ,(i) any applicant determined to be ineligible for admis- sion to the project of the basis for such determination and provide the applicant upon request, within a reason- able time after the determination is made with an oppor- tunity for an informal hearing on such determination, and (ii) any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably deter- mined; and (4) the public housing agency shall comply with such procedures and requirements as the Secretary may pre- scribe to assure that sound management practices will be followed in the operation of the project, including re- quirements pertaining to -- M HUB-53010 f Page I& (A) the establishment of tenant selection November 1969 criteria designed to assure-that with- (Formerly PHA-3010) in a reasonable period of time, the As Amended by 53010C project will include families with a March 1972 and broad range of incomes and will avoid 24 CFR § 899.102 concentrations of low-income and de- prived families with serious social problems, but this shall not permit maintenance of vacancies to await high- er income tenants where lower income tenants are available; (B) the establishment of satisfactory pro- cedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent; (C) the establishment of effective tenant- management relationships designed to assure that satisfactory standards of tenant security and project maintenance are formulated and that the public housing agency (together with tenant councils . where they exist) enforces those standards fully and effectively; and (D) the development by local housing authority managements of viable homeownership oppor- tunity programs for Low-income families w capable of assuming the responsibilities ❑ of homeownership." z W Q. X (6) Under 3ecti66-6( o the Act: Lu (d) * + * no annual contributions by the Secretary shall be made available for such project (i.e., low- Income housing project) unless such project (exclu- F_ sive of any portion there of which is not assisted by . w annual contributions under this Act) is exempt from zall real and personal property taxes levied or imposed Cr by the State, city, county, or other political sub- > division and such contract shall require the public 0 housing agency to make payments in lieu of taxes equal F to 10 per centum of the sum of the annual shelter rents charged in such project, or such lesser amount ❑ as (1) is prescribed by State law, or (ii) is agreed LLI to by the local governing body in its agreement for ❑ local cooperation with the public housing agency re- 0 quired under section 5(e)(2) of this Act, or (iii) is IL due to failure of a local public body or bodies other than the public housing agency to perform any obliga- tion under such agreement. If any such projects is not exempt from all real and personal property taxes levied, or imposed by the State, city, county or other political subdivision, * * * no annual contributions by the Secretary shall be made available for such proj- ect unless and until the State, city, county, or other political subdivision in which such project is situated shall contribute, in the form of cash or tax remission, -the amount by which the taxes paid with respect to the project exceed 10 per centum of the annual shelter rents charged in such project." (7) Under section 6(e) of the Act: (e) * * * whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess shall be applied, or set aside for application, to pur- poses which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions." (8) Under section 6(f) of the Act: (f) * * * when the public housing agency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, mak- ing it unusable for housing purposes, a program of mod- ifications or closeout shall be prepared. * * * HPD -53010 (' (� C. Me J.9 • o+rember 1969 (Formerly PHA -(9) Under section 12 of the Act: 3010) * * * not less than the wages prevailing in the lo - As Amended by 53010C cality, as determined or adopted (subsequent to a deter;- eter=March March1972 and mination under applicable State or local law) by the 24 CFR § 899.102 Secretary, shall be paid to all architects, technical en- gineers, draftsmen, and technicians employed in the de- velopment, and all maintenance laborers and mechanics employed in the operation, of the low-income housing project involved; and * * * not less than the wages pre- vailing in the locality, as predetermined by the Secre- tary of Labor pursuant to the Davis -Bacon Act (49 Stat. 1011), shall be paid to all laborers and mechanics em- ployed in the development of the project involved (in- cluding a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and the building or sponsor enter into an agreement for such use before construction or rehab- ilitation is -commenced), * * * . IN WITNESS WHEREOF, The Local Authority and the Government have caused this Contract to be executed in their respective names and the Local Authority has caused its seal to be hereunto affixed and attested as of the Date of This Contract first above written. Lu (SEAL) p a: = ATTEST: Z Marian K. Karr, City Clerk cc Lu (Type Name and Title) Recelved & Approved Ey The Legal Department a w �oz 9S U - - CITY OF IOWA CITY, IOWA John McDonald, Mayor (Type Name and Title) UNITED STATES OF AMERICA pment 571 Sq' HUD -51999 Rw. 1/71 GENERAL DEPOSITARY AGREEMENT THIS AGREEMENT, entered into this day of , 19 , by and between The City Counci 1 of Iowa City (herein called the "Local Authority"), a duly organized and existing public body corporate and politic of the City and First National Bank of Iowa City (herein called the "Bank"), located at WITNESSETH: of Iowa City, Iowa 204 East Washington, Iowa City, Iowa WHEREAS, the Local Authority is undertaking the development and/or operation of certain housing pursuant to the terms of one or more contracts which may be amended or superseded (herein individually and collectively called the "Contract") between the Local Authority and the United States of America (herein called the "Government"), which projects are identified as follows: Project No. IA022003 IA05PO22004 IA05PO22005 Name of Project Iowa City Housing Program Iowa City Housing Program Iowa City Housing Program ; and WHEREAS, under the terms of the Contract the Local Authority has agreed to deposit certain monies received by the Local Authority in connection with the afore- said projects with one or more banks under the terms and conditions specified in this General Depositary Agreement and may also deposit under the terms hereof certain amounts received in connection with any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest, NOW FURTHER WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. The Bank is and shall continue to be a member of the Federal Deposit In- surance Corporation as long as this Agreement is in force and effect. 2. All monies deposited by the Local Authority with the Bank under the terms of this Agreement shall be credited to the Local Authority in a separate account, designated" Account" (herein called the "Account"). All monies in the Account in excess of the amounts insured by the Federal Deposit Insurance Corporation shall be fully and continuously secured by the Bank by the deposit or setting aside of collateral of the types and in the manner as is prescribed by State law for the security of public funds. Said collateral shall at all times be of a market value at least equal to the amount of the monies so secured. 3. The Bank shall honor any (a) check or order drawn by the Local Authority upon the Account or (b) directive to purchase or sell securities pursuant to Para- graph 4, if such check, order, or directive is signed on behalf of the Local Authori- ty by an officer or member designated by resolution, a certified copy of which resolution or certification by a proper officer of the Local Authority as to the adop- tion of such resolution, shall be furnished by the Local Authority to the.Bank. 4. The Bank shall purchase, with monies from the Account, and sell invest- ment securities as the Local Authority may direct. Such securities and any other securities which may be deposited by the Local Authority with the Bank under the terms of this Agreement shall be considered to be a part of the Account and shall be held by the Bank in safekeeping for account of the Local Authority until sold. Interest on such securities and the proceeds from the sale thereof shall be_ileposited in the Account upon receipt. 5, If the Bank receives written notice from the Government that no withdrawals by the Local Authority from the Account are to be permitted until thereafter author- ized by the Government, the Bank shall not honor any check or order of the Local Authority drawn upon the Account, or permit any withdrawal by the Local Authority from said Account until expressly authorized so to do by written notice from the Government, 6, The Bank is not obligated to be familiar, and shall not be charged, with knowledge of the provisions of the Contract, and shall be under no duty to investi- gate or determine whether any action taken by either the Local Authority or the Government in respect of the Account is consistent with or is authorized by the Contract or whether either the Local Authority or the Government is in default under the provisions of the Contract. The Bank shall be fully justified in accepting and acting upon, without investigation, any certificate or notice furnished to it pursuant to the provisions of this Agreement and which the Bank shall in good faith believe to have been duly authorized and executed on behalf of the party in whose name the same purports to have been made or executed. 7. The rights and duties of the Bank under this Agreement shall not be trans- ferred or assigned by the Bank without the prior written approval of the Local Authority. This Agreement may be terminated by either party hereto upon sixty Ways' written notice to the other party, a copy of which notice shall be promptly irnished to the Government. The rights and duties of the Bank hereunder shall of be transferred or assigned nor shall this Agreement be terminated during any period in which the Bank is required to refuse to permit withdrawals from the Account as provided in Paragraph 5, 8. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument. 9. The depositary agreement heretofore entered into between the Bank and the Local Authority with reference to Projects No. is hereby terminated and all monies and securities of the Local Authority on deposit with or held by the Bank pursuant to the terms of said agreement shall continue to be held for account of the Local Authority pursuant to and in accordance with the provisions of this Gen- eral Depositary Agreement. IN WITNESS WHEREOF, the Local Authority and the Bank have caused this Agreement to be executed in their respective names and their respective seals to be impressed hereon and attested all as of the date and year first above written. (SEAL) ATTEST: K XaAA) Secretary Marian Karr, City Clerk (SEAL) ATTEST: City of Iowa City Local Authority M7 John McDonald, Mayor First National Bank, Iowa City, Iowa Bank By —7 NOTE: Strike paragraph 9 if not applicable. 222063-P HUD -HAA, Wash., D.C. W y Z a X W o � x Z W Z I 2 cr W : > I C07 ; 3 . Ct 'C W 7 0 0 M ` CERTIrICATS I HERF9Y CERTIFY that a meeting of the Board o! Directors of we First National Bank lank Snational banking assoelaeio� Iowa City, Iowa [a and a member of the rederal Deposit Insurance Corporation, located in the County of Johnson - • State of Iowa , vas held on the 14th day of September 19 82a at which the following Directors, constituting a,quorum for the transaction of business• were presents Bywater, Dore, Feddersen, Hardin, Hoppin, Houghton, Nagle, Newman, O'Brien, Radcliff, Sangsters Sierk, Stochl, Van Allen, Vestal and Wall, R B S o L O T I 0 N BL IT RESOLVED by the Board of Directors of 3Mg First National Bank, Iowa City, Iowa SUM that L Vice— James A. Sangster, Senior President of. the Bank, be and he hereby Is empowered, directed and authorized to execute, on behalf of this Bank,_a General Depositary Agreement with the Housing Authority of the r City of Icata Citys Iowa • undas which this Bank shall act as a depositary for fundi o! the Housing . Authdrity of . the City of Iowa City, Iowa • and to execute any and all o1 0.ther papers and documents necessary and gropes in eonaeetion with said General Depositary Agreement. I rURTHEA CERTIrY that the resolution was approved by a majority Of the Directors present at such meeting and that it is a valid and Drapes resolution and was adopted at a valid and properly held meeting Of the Board of Directors of such Bank. IN TESTIMCHY WHzgEor, I have hereunto set my hand and seal Of said Bank this 25th day of September a 1985. (SEAS.) 0 FIRST NA NAL BANK, WA CITY, IOWA 11y S 'ior Vice -President and RESOLUTION NO. 85-296 RESOLUTION ADOPTING THE REVISED ANNUAL BUDGET, FY86, ENDING JUNE 30, 1986, FOR PUBLIC HOUSING PROJECT IA -022003, IA05P022004 AND IA05P022005. WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Project IA022003, IA05P022004 and IA05P022005, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The Revised Budget for the referenced projects as shown on the attached forms be adopted. 2. The proposed expenditures are necessary in the efficient and economical operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicated a source of funding adequate to cover all proposed expendi- tures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. 4. All proposed rental charges and expenditures will be consistent with provi- sions of law and the annual contributions contract. 5. The Iowa City Housing Authority is in compliance with Section 207(a) of the Annual Contributions Contract, which states in part that the Housing Authority is re-examining the incomes of families living in the project at least once a year. It was moved by Erdahl and seconded by the Resolution be adopted, and upon roll call there were: AYES X X X X X X Passed and approved this 8th ATTEST: ,jj12 J CITY ULLRK NAYS: ABSENT: X Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Zuber of October , 1985. tic/ '% 0—&2 1eor-fied $ Arspmvei Isy The LON1 cepa3t►nent to Z BS 8ai •uD-s:SgA rr ONE ...Ai --0338 ••. ,. . HUD -5]564 ,qa� U.S. DEPARTMENT OF MOUSING." URBAN DEVELOPMENT '•AE OF 1. LOM -GENT NOUSING PROGRAM LHA-J.wd Er,.al MAN, ..q .............. OPERATING euOGtT LMA-L«Aad ISw.NR SRRI n .. 10(,) ..... p Rr R.ul Twr E. ArR,GN .11lnp i0lNA-l«..d_N.r««nMb............ Rmmuu '+ay.voN Na.1 LMA-CAn.gd P..I«Mb.......FlAn C«NAR,. p n.Y[ .1 LGE. L Au. ... ll"NT.r.c- ...I: CeKC-9166 Iowa City Housing Authority Phone: 319/356-5138 Civic Center, 410 E. Washington Street, Iowa City IAe.E.T.e.I, FIA022003 L.GAIITT: lAOSP022004 d IA05PO22005 D'OFo"' woe ar AN.T e T. OF Iowa City, Johnson County, Iowa 62 .N LAVLTI 114 .U0 ARCA GFFICC: Nu0 REGIONAL OFFICE: 1 Aciu.0 QrauTo REQUESTED BUDGET ESTIMATES LAfT FISCAL •uN CUR..Tj _MJ M.TM.TEI NMo N...IMATI.A. Des Moines Kansas City ORNEY e.EAM Iv$$_ AYOUMT AMOUNT Iv_$6, 1 wY RUN � AUN frgn.r.., a91 L. r.n....n aG LINE NO. III IEI I., .O ISI IEl IT)— MINIM, P.,..GIR Fr: 001 ORam Nn9 Eav«w. INR E.-RNI H..a Pa,. -I. A...., 003 N«,.min. MAN,..— R ...... DDETaulBmk-E,.n A.aumpw of La.e OGf GGT.A GGT DOS Eac . (r pdigi0 in BroY_E••n Ama.m 006 H.m.bunn MINIM, P.,menn (C.nrn) OPERATING RECEIPTSI BID DY.IIin9 R..r.l. 1;0 1A I A9 AN 142 go Inj -glD 030 i n EAe.e. Willi.. 030 ,- E.N.nd..11mv R.v.i. 040 ¢ ig,gl Renrel In<... 150, Oso E x IN,....I AN G.—I F..J Imu,m.nr. 10.65 i 7.851 6.31 4.50 060 ' O,h., o«,a,i.a R.c.in. 1 .4 4 3.500 090 TOTAL OPERATING RECEIPTS EXCLUDING HUD CONTRIB. 1161,29 1;1 9Q Iql OPERATING EXPEMOITURESI ADMINISTRATION, 110 Solgriw I'D Admi.A.arion Eawn... O,h., Tho. Sal.ri.. 191 TRI.I Admins."InGn EX«n... 42.08 54.7111 5115A 36-.860 TENANT SERVICES: 11 110 Solari.. 330 Recreation, Pubilnnan. and Oche, S.r.ic.. -- 330 Contract Cast. - Tninin9 and O,h.. 390 T.I.l T.n.n, Seek.. Ea«n... UTILITIES: 310 LAW, 330Al UNIiNw 5.401) 390 F T.1.1 Wilitm. EARN.... o W ORDINARY MAINTENANCE AND OPERATION: 410 IN =_ L.hr 4.2 22 16.100 430 x Materials 430 O C-NA.t Cao. 14 74 IR9 13,500 450 ? Tmd O,dinaq Mnio.nanc. and OP.,atian EepA..e. PROTECTIVE SERVICES: 460 A. Lab 1(1.60) _- 470 G Material. 4 -so C.NN.., C.o. _-_-_ 490 TANI Prr..riw S.r•i... Ea«mu GENERAL EXPENSE!. 1 510 1........4.4 :19 2 800 520 P.,m.... in 4•u Rf T.... Q 530 Terminal 4.•• P ...... A 540 Emplo,•• B. -lit Comriburi.n. A 44 19 ;N 19 nil A Ann I S50 Call.crien Lao.. ___ A 1 121 Ann 1 560 Oth., G ... nl E.pan... --- 590 Total G.NnI E.«nw4 19.53 32.21 600 TOTAL ROUTINE EENSES XP 04.13 143.111 1428 102000 610 RENTS TO O.NERS OF LEASED ORELLINGS 690 TOTAL OPERATING EXPENSES NONROUTINdiE EXPENDITURES. 310 W t EArrao.na MOinwg.nce TIO R.Ploc.m.nt al E u 730 B•nrm.nr. and Adding... ]40 th a 0.. NmrauNN. .PA ndiw.ea II 790 .1 TOTAL NONROUTINE EXPENDITURES HUD -5]564 ,qa� Ui DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT •.. o'-�ul.u•+annr: +I LOR-[ENT MOUSIYG PROGRAM Owa City Housing Authority OPERATING BUDGET F. Fi.ea Y... EMUR lune 30 H 8s- rowlGwu Iowa City, Johnson County, Iowa KC -9166 �ACTUAu w REQUESTED BUDGET EMIRATES LwIT 1 m. Frl(jL IA022022003, IA05P022004 b IA05P022005 TRAw uwwRN L"• RXTIYAT[. U. roD1I1GArIox. wooer IR OF NUo-caanTZ. Inoa.c Tlm 6/30 R.w .1 M.:q © LXA-L..J•M..nw:wnM:. (] ,[ 85 IR $6 AYouwr LXAA:w4Jiwvw AYouxT LXA•I_&FNLtr 13m 10(al� L�•�. n,I��Nn IVY IUM 'YYIu. (T.N.v.nlf0 LKAA..d-".re—.Ki. �. Ain�ni.rn'I.n CAAN.c' Q LINe xa. m VI ul In OI la M OTHER EXPENDITURES: BIO Pf:m Y.ar Ad,..'wwM 620 Orh.r D.d.c'ice. 030 Tm.l Othu EaP�di'un. 890 TOTAL OPERATING EXPENDITURES 112.86 143.85 142.8 102X00 RESIDUAL RECEIPTS IOR DEFICIT) BEFORE HUD CONTRIBU, 900 TIONS AND ION FOR OPERATING RESERVE: 4 .43 7 4 0.94 7.810 l Can 910 5..i. Annwl Canxiburian (Lw..d P.aiwq RESIDUAL RECEIPTS (OR DEFICIT) BEFORE OTHER NUC COIF 920 �TRIBUTIMS AND PROVISION FOR OPERATING RESERVE: 48.43 7.4 I0.94 7,810 OTHER HUD CONTRIBUTIONS 930 O"r.'in9 Sub',dy 940 59.cial Family Subsidy 950 960 Tenl Olh.c HUD C9 Nib.,m.. 910 R..Idwl R.c.i9n (m O.n.irt b.fm. R...-. 48.43 7.4( 7 010 98o Pr9.i.iw For 0".,i., R...r.. 24.09 7.40 8.57 6 120 990 R..idwl Ric..,. (m D.fkaj 24.34 OPERATING RESERVES FOR A CONTRACT OR PROJECT LINE Part 1 - K9xie.m OPeratiNO R.s.r.. - xo. End of Cm'.m Bud,.t Y. SECTION A - LHA-ORNED RENTAL HOUSING $ 01 On.amlf (50X) of Line 600-Calumn 5 -Form HUD-53SU fm a C.nr,ac' 51,000 SECTION B - LHA{EASED HOUSING - SECTION 23 OR INC) $ 02 OneJwif ISM) of Lin. 600 -Column 5 -Form HUD -53564 fm o PrOiwr SECTION C - LHA-0RNfD OR LEASED HOUSING • HOMEORNERSXIP 03 OMb91f (50X)9' Lin. 600-Ce1wm 5- Pore: HUD -535U fm. Pro'. GA On.whud (13-1/3X) al Lin. OOS- C91wn 5- Fm. HUD -51564 fm a P,.i.cr Twal (Sum of Lin.. Ot and 04) Part II - P,PVWaa for and E.ti.trrd or Actual Ogratirp R... .F at Ywr End 06 RA— m End of Pr..i9w Fl ... I Ywr - Aowl ( 6/30/85) 5 44,880 07 Pro.i.iw For R.. . - Can.nr Bud,.' Yw. _ Eadmor.d 6,120 OB R...n. or End Of CuN.nt Bud9.r Ywr-EalimoM 51,000 W Pro. m., (or Ru. - Rwu..I.d Bud,.' Yw.- E.r;a:m.d 6 120 t0 R.a.n. m End a! R.9w.'.d Bud,.' Yee, - Earimar.d LMA APPROVAL: Lyle G. eydel, Housing Coordinator (RAF.. Tm.) (Sl,ru9a l (DA, AREA OFFICE APPROVAL it—. An. 71111 M'..n A, ID.n) wuo-u3r. r.. .A� r v A.r,7 h��tilnr.]9q L..-a.+rr,lr w.,,ru 6-4W Asp Iowa City Housing Authority 0r...1.M ltdp3 r,—Way PA .- w "s .4 Ad.Ws.b.l.-Upr aM T6=LIrNA Iowa City, Iowa 1986 m m F. �....Is.w Tr .uw •�* �i. titer. I L 1. f .1 w.. I«.r.w 4 500 1 500 13,000 T..«I TI.. ti C.I.. W SS..Ib.. A�«w 6mi..Nr W L..I. C.% Shill wlr 3 A T. f 7l 1 T. C.... W 500OO 0" Lw T..,.h 7 Or.i1. A. r LMA HI.Ifrlr 11M1. AIN M LMA J.I.Alrlr S Te.l OI ., LMA T...l 10 7. 1 1,...1 2.500 Son 2 000 9nn inn 40017 iY.bI.L: 0,,...M F. 500 ion 1 400 3,3002 400 s..+.r1 IS R«I.1.1 Oln.. SMb 1,500 6,000 IS Glbmir A r1 f... W C. C..n ll A... ,; WAWia L.. -7,500 $ O M r.:.. 3wu M onlb 3r 13 MOO 1,200 1 2.800 Is AH 01. 3 300 -9002 400 Ir n1.1 s..A. 17 jiso 70 TW Al.I.1.M.Iw « a" TA.. Li.l« 134,200 32125,880 - J«N/lrllr 1 Tw.N ti C.W Y M' **Section 8 Existing This represents the travel budget for the Division. Total costs will be shared as follows: 20% Public Housing 80% Section 8. Only lines 13 ($300), 17 ($500)and 18 ($300) will change from approved budget due to the additional 10 units. XUO-37311 r.R 1.••d w somrr +N, OF..R,rp Bmepe, e.dw �... l u—r. e.r..2 ;,I' Seseq d e.dp, DM d JoeNficefire Iowa City Housing Auutthorri ty_ _ y Fine-' Taaa Endi., June 30 , 1986 0-11, Rearal Egb•a W «a hera Fe. HUowr.d Ima—, h.es.y, .Mr Ikea Us,,.ea Usea 23 Ld homafq, errs a w..1 I".., .-.;-able rebs LH. --All .ear -11, 'he .u.ba. el MdL.a ✓,tea w«bNa fet u[uF.rq and ran rwosekr.".1 d Mr,b mama .airs, wd. Cn. Lw. oal— re. "d .sane... M sat« 6«ve .trials rY ra<u11 m •Year . I.... • rap e".kl, raves tell ter'" rh. Rams '. ad BWa.. Year F« Season 21 Leash I.saa,p, share mlsa .orb« of u rdar I« e. ,he FUN lasses prion, r+d .harhar r ea. M. cost d milieu. •a mcldd. II no, incbMrl..Flom ...lead fr .oY.eat of wdny costa by LMA ad/ar .eaear. Original budget estimated $142.60 PUM (97% occupancy) and after 3 months appears within reason. The additional 10 units are all rented with an average rent of $147 PUM x 10 units x 9 months x .97 occupancy = $12,830 + 88,980 = $101,810. E....+ Ura;na.: (NOT I« S.oran 23 L—..d bm«r.e.l Choctr enr.rnsta spat.. in it— I, aM explain "O.hr". War ire. 2.."W. basis br d.l«­i.y ..c..a mSry cea.u.pia.. F« r..11s: Ga; rMieidwl deck era al Ow -100-1. FrauYea of oma as. Ifewrmene m 011.1mi, aft. bte.Hattie. dm of Present utility.11w.eaas. Explain smi[ipled dames indlearan es r When fsers,..W: h.,[I F.w . «a..Ii.on, than" .e ,M cote) .mune of ..a... mdi.y [ho.w. d✓ma the Rgw.bd Bud"r Year. 1.Ueda, S.-Co.S✓.Ie.M+ .so Eleaa.c,ryF� r O,hF-� 2. co..'.: NIA all utilities are separately metered and paid by tenant. See line 320. The utility allowance currently utilized may be revised after the Section 8 FMR shcedules are released. In fairness to all participants the PHA must maintain some consistency between Section 8 and Public Housing. Nomheollina Rana INOT for Sods— 23 Lw.d hem.rA-1 Cosylst. Ilse i, FeailTiM each aomF temM, n.ler, and the real wus. Fa. ...mala: Comaon;ry fSu+lune Seat.. Far—, S.heal • $50 Mr rah, .... Cd,. Chan,.. amlcipM deal" are Rgwor" Bad". Y_ oNe.'...... imorad Nea.d..11i" Reatel Incur. 1. some. Rented To Thea Reatel Tow. N/A 2. ...tonne Canrri b..— b+ rho Elda.l, and! 0uplacd: (HOT ler Strict— 23 La..d leaus-9.) Generally, .how mill on estimate of Car,hibmion I.1 the Eldr1Y m Form HUD 525dd, .1.1ad esoN:na w then Lmrvlm shown bow.. no au. d ,M bass of Iia.. 2, d, r 5 b. -.h ..name, J. rhes amawr of rh...ri.uM comr.k."o, The Oddi,—i sab.id, 6s, eandd«IY f roll;.. displaced hr .ublie ha..ml aM urban rrtsrl sites .n or titer Jeawp 32, 19". N amid- abl..nlT.Fan rhe.-- reate te b. ehor'd we ai0ea are less than the session ram's in be eharyd.rhr eaoddrly families. It it i.- +aw . —.4- IFa evigbibp .I this +ubm;d., ;r will be nraa.•ry w she. that this .......•. d.allinF ser r.,h .ma✓a sl .mch +ub.-dy br "whines .a b accw•d by such dicewcd leeadres des..., eacad S10 r Ilio differ—<s m ..son rem., .hkh— is s.allr. Ire such esu .... id. ,.. sn .marl a-1 !sells .1 'he a.ruteNan her' a estimate d this smbddY inciedd a' Iha stun, shown ea HUG -52564, 1. C...... wmab.. N/A 2. E.1-1.4, Doha:. F. wand 0,—Iina Ross -..1 d .l tient am", Year 3. Esme! m al ea[u.id wive a aM ml Cmnrea+ "For Tear in be O—. id ar Eldml, Fa.Oi.s d. Estirrd.maw...1 da6ci, amlutebb to Elderly F..;IiF; lino 2 nul.iFlid by line 2 5. E'1 -1d nuadr.1 Eld«ly F..M.s in ¢w.n" «end al carrel Bud'. Year .uhlFlld by $I". a S ! 1 f ! f ! f S Sas U 1211, 2011 ..e., 011— try .r. AAA":5731 Loloo..r d B./p. 0.w ..d 1.0iNnNr4 owe City Housing Authority Fkl .. E. -1 In .Ir aF -«•late iz.•nary R..«.n (C.«.,noon x Gn«al FEW I.... r..... Snr. aha .AA...4...... Gxn] Fuwd Iona anal that atrcwr.'./ rl.. Gr....l Fuwd N •.r« d.crr..d.Fr.ery .u•r«. d..11iry nr, ".c."ou..nna.Md..... dhr, 4„ `�•^ d .• ...Alt '.nl .n.•.Irwr. m rM D•.N..ted Bud". Your. G.k.. b.. Ir fm•6rniw N rwnmr iw.at.r hat..._ 6atou ry The Operating Reserve balance on 6-30-85 was $44,880. This is invested in a money market account and it is anticipated it will return 7.151' or $3,200 interest. Tenant security deposits are invested in the same account and should generate $650.00 interest. Tenant rents are deposited directly in to the same account and are withdrawn only as AA. needed. This should generate an additional . S6EO_QO._Total_ estimate_ nterest_income_$4,500. Odra. "Aloe . On Eni_n..l Oy.nrinq R.a.,.n: Dia. nwnn « d1 .ar.r apiliea« ..... .f is.r .b IM .ill r...nr •dour ...4n'eharry of rM LHA't r!•nui.. MSP.r.rrwd N.a.ian vtxti.n drip that Rat.ucu.d 5we., `s. For Ste l.n 73 L -..d M..:ry .Pk..• ham fit, ..n.rn.1.,ili,, chrM. At aural.. 21 Receipts from coin-operated laundry equipment are projected at $500.00. Tenant -caused damage and unpaid utility charges are corrected and/or paid by the Authority, then :Y charged back to the tenant or in the case of a move -out, it is charged to the tenant's .C.' security deposit. Estimated income for this source is $3,000. Total $3,500. Dv.nriry E.Hrd:tr.. lo.mn..1 SI -111-1 _nd Salva Do. ' Swine rM ,.rata.' Mlo. en e.o hew d i0-tuatate thorn m F«. HUD -525M. Sehadal. A# All P•.,,i.w .rd Sabi..... fall_.. ' .rvwr II) E«.. rM rural nu.b«.!...bion. d.tir.ad-.1h rM c•n....'iry c.aver lin. 1, .,...haat_ rn Cahw (1).r«. HUD -57366. f. dv.n (2) Ern.. Iho e..b., of ...... Jan, lull -u.+ rota"_. ellau'll" to MUO.«dN Mv..N 1. ounap_w. F_.....k: An LMA M. thAt.'•A-NT•...... a.. allx.Nw to each housing a, ha era d M. 701M rM :., •w 505 n.nxrioulr. TA.., •.u.lmr full.nr autlaou, i. r.., (5/10 . 7/10 . 5/10). [. l dva. (S) E.a, A. P«tion al ran] oulan •.at...''h_n in Celan (5) r Col.- (6), For. HUMS756J, .11x.61. no MUD_.d.d MuunF .n .aryp..ar, eclat, than S•nian 73 L .... d ha , .. in Calv.n 111 En.., rM P«rren./ Iml tel... ..at.w .Mon k cal.- (5) r C.]uw, (61, 'unto HUD -S7566, .11x.61. w S.crian 73 �3L.ot.d loo, .... i. non". -A.. -! - Hm.r TM nv.M, el ..ui.al.nt lul,jau, pe.5ext aha that .wean. el ul.ry ""A" k, d1 aeurkn+ J.«ryrN "Y" .n Fu. p " HUD-57566.vn6• •.ulnblr dimi6urd to occoont lira. Ord'rvY Mki«an.nce endOx.o Mkrnr•. Lollar, E.Nerdl_n x.c. r«4 Prole_ erd S..nr.ann ad A4i0rrt Ir._. .ate jack 5fr" - -*Y ..... nr.cAnmal Sake.. I.'"- A.pnr.. uen.`T.ehn.C.l Selen.. L �ra:v.T W«crranc.6011.11 L.6er 1 r2Yl.ne,-lube. Ir d�Ri_.. •ceral.! Il.x 1, nal 1' tYa.e.arnen Nei«.n.rv. N..L P,•r•C,. - y. Total IF NxM. E.rnl.n Pm . u rm. I .ou P Irl_. _—fir_ ni of j 6 1.25 0 1 i I 1 .04 I Paw don 5--lionS«riw 7] .N 1 ]] Lr." Mouton out" DNLxLY 28,544 i 15,057 r r 1,500 roan ew Addinen. •«b Pnpot 7/ -- ... r I --�— ,L•••r Ie...rG .+.M aat.ree.Al" lira x MUD -57564, All, - 1. ' 1 . an .,r el wlar5 uem...h_n in Ceknw (]1 at, rM c m.andlry 1]ry .Ma.. y' .rp e.e.d re d. ae«eP.raa Ilia an HUD -57574, Ill. areae. al ..l... •...... ,6_e i. Col._ (4) ou rM a«mFdlry 1-x der. T� Th. a.a r of .aleCT ...arra• di.nrbured Ie E.A..111mY Ner.AA.Ac..v.L P.«•«..Ad n Mata...«. .AJ AJdiriom Well Po1xr. 4Y.a a lot Inclvd.cl .n ,A. c..r el ...h -da-dual y.al•er At ha P PhAnr.d 6a rho LHA Staff. ...Mato an Fr. HUD -57567. HUD -5757] 1 , uw vv5 rY 3 <1 11 IF— •wT Opnnq Gulp• n. -..r ,woman S—s A �.Ipe 0.r d leNWe.Nrr Iowa City Housing Authority June 30 M1«.I Y~ wy n 86 w... al l.rel Mwn.M 1.Y.•r lol,,. Drw«M� C<yriNr<w (ir11...11 S,. Y el 5ylli.. end %WT Dew (<.w:.rd1: 1ee.I/T .11 r.r.eN ... w.i•Irr .M .II wre...w.rw.. ,. V eY.Ii.AM in rti Rrraled a dR�• Ywr. C.r. �:rZ�« <rr—w in M<Cea<I «a Nlq el,enp< w rnawr it an.". Iw ..h < .Ree. Cir. r:w MUD • wewwd u4n i •nw Iw /Li.ielnwr SM1 w pw Imi/iu•Iw aM renirw <e.rnNliq :dwrri... Gr. ./4«b dRy h cw. • gre.M .ep mo IP«r HU0.571 NI eM irwlT dl d. Wiry F.r Mer M.<, The Iowa City Housing Authority is administering 462 units of Section 8 Existing and these 62 units of Public Housing. The staff is authorized by City Countil resolutions 484-286 and 85-66. This same staff provides support for the Housing Commission, performs other studies as necessary and provides administrative time necessary and required in search of additional units. It is not anticipated that the numbers of positions will change, however, for administrative simplicity the current staff and projected salary percentage of wages follows: % Public Hsg. Section 8 Housing Coordinator 25 Housing Management Aide 20 80 Clerk Typist 20 80 Housing Specialists (20% each) 60 240 Maintenance Worker 100 0 Attorney 2 hr./mo. 4 hr./mo. T.o.2PuNioue a, W.4nhi. Ou.r <M F«a, T.Iwb:r eM TeicanN. eM 5u r. In W iriw s •'lna•iw Ir Tool y Gn.wMm ed Ww.np" ,6o.n en Fern NU D•a7571. rim an «r4rU.n d aaM»nrl.l Rewwrel Rd W Yee• nt~*4 -menus nw Ilw IUM .ere d ..r.Mirr., Iw •h.e. .cows in ,M cur.« 8.4r1 Ywr. Ewl.i., l..i. Ir dl«u4n d rd .,..t .1 rl•ew e.rwe... Travel costs incurred will be prorated between the two programs i.e. 20% Public Housing and 80% Section S. No increase from previously approved budget. ❑upn ;..: Gbe .n .glew•ien d wbywbl q..waM 9Mpr Yrs n irnd i:c•wm e.« ar PUN •.y e1 or.Mirw.e M cu••..r 8u411 Y«r. Dooib enJ .yy wrirlN ceu d _h d.rm d "DIM WOW.. Gw•w." Utilities on lines 320 8 390 are for office use, maintenance building, security irrigation, and for short periods of vacancies during unit turnover. This line increased by $600 to provide for the 10 additional units. $5,400. 4, n<A wilily lights, has been O.Gwq Y.' ynenc. 6 O�.ruiw - Y.,«i.6: Gi. urlsruen el <uhamnliel R ... a ...iru I. rr.r�4 -nil,. Cw.nr 8.d" Ywr. .RreM 5.4'. Y., «Ii.rM In<•w eu .w. rlr PU The 10 additional units are older existing units and will require more time and materials for upkeep and routine maintenance. An additional $1,000 was included in both labor and materials. 0.d..,r M.�.•.mec. 6 Orenuw . Cwn.0 C..y: Uu wcM erline'r rinlernc• e.d we•niw ..rn .... can+enM Iw erw 9i.. rl..i- mw� ewr Tw weA. G:y wd ins—T cr ,«ie.. woeuN IIn,r14... r. R.M Nd", Yrr, E.,[.M ..Yywnd Rpw.M bdpr Yn• i.ve.u. —•6. PUM mft e/ uwMirw. ler Cenn.<I Senice. in ,Ir Cu.nnr aMpr Yen. If LHA h.. .anweel Ir .yinyrne..4 .bnerr u6. d.. <m••.w c«r r.• c.�. Contract costs include pest control $1,500; office rental $1,500; typewriter repair $20; interior paint contract for 15 units (to be negotiated) $6,000; $3,180 (previously approved) plus $1,300 for the 10 additional units to cover maintenance tasks beyond the capability of current maintenance personnel and will be contracted for on an as needed basis: Total $13,500. . HUD-S11n IIW 5]]n mve— 1017 ia.rseluq B,dq.S asio..r.111 I Dee -a 5ulNasetl.se. Iowa City Housing Authority Fi.c.lYrl.ly June 30 ,» 86 W— hrsr +r... OP is, l.ttiMir:r,.c Icveriw..lI es Isees"a A ..k.rare? 11..,etM 5.4.es Y.r ts1�M isvw.ss .n ase FUY nr a u..Niires Ir ,etunecs ..., 11.4e.. Y.. Cir chap . ur.wa, es.—+....secs No increase from previously approved budget. Insurance on the 10 additional units paid from Development funds. E..It]w?test??C.n.ihvrMn.: List on Esse?.).. D.,eli..l.es wrlcrwM is, Give iwt,n,et vi nes all .less r 4 In.iM1M1/ G 1r R« vw.r.l pu%p Ywr Irh:ch Fir HUD ..„msec. h.. n.. been .irw,. All employees are city employees (to include the Assistant City Attorney) and as such are covered by city personnel policies and union contracts. Employee benefits include paid vacations (varies with length of service), sick leave, Iowa Public Employees Retirement System (IPERS); health, life and dental insurance long term disability insurance and unemployment compensation. Increased as salaries increase. gal"'etisn Las"': SM1r. 1e ea.hr d'" scum/. rw.hwhl. M1 hs -,it. t1 tel ae er+5r W rrl rs.n.1 dl scc.a/. ec.IvUc for kith .rester aN wuM raeu a .7" Iwnh :n dn.h .w.M. No accounts receivable. $800 is projected. Tenants are required to pay one month's TTP as a security deposit and rent collections are strictly enforced. A waiting list is maintained and occupancy should equal 970. see,nuuve ..r i:::::::: e ..ii _ham. •�� wmrl+nn .el �IliJwe: CiM1 Mir MUD ..r«d r .:w Iwrinct/M 1r J.- if,;, ww. ..r • r +s r acus pen .hieh wk. w this ..,Iver a 7r. 110.57570. )iry inlsr..r�., iwrtrsMa r.rrch.l /. Fr. 1UD•3]5{7 e..l e.r M rsFwM hiss. None. HUD -52573 .VSN.EAY.N cu.rN'iTCE 1Pn�>� 147-,7-69 VM-.f57j 12 "•r•i la/ a"•1'"e S•+ler °'r"16..'N..040N I owa Cit, HousinoAuthority June 30, 1986 I --4 MA 1W1 Schedule of All ►osiftn! and SeleNes L, .,, Iowa City Iowa 52240 h..r Ry.nw1 @W f T. All.efw al SaWk! 1p. Pnp e P.O.- rnb I.tir !w lN,wlh� MVe.�dJhtir _ e. a..n...�lu.0 .drwnr •. N level 3/20/85 �mr M. e..e. r� .Vr.., e...l�r P Sec tion8 aAr d Afl l 1 Housing Coordinator -NT 31,096 2,340 12 32,340 25% 0 75% Percentage of time 8,090 24,250 1 Housing Management Aide -N7 19,260 20,030 12 20,030 20% 0 80% Percentage of time 4,006 16,024 1 Clerk Typist - Leased Housing -NT 15,104 15,730 12 15,730 20% 0 80% Percentage of time 3,146 12,584 3 (lousing Specialists -NT 65,0856,500 12 66,500 13,302 0 53,198 The part-time specialist increased to (annual annual (annual)- (4,434 ea. (17,132 full time as per Resolution N84-286 (21,695) 22,166 (22,166) (20%) 80%ea.) Percentage of time 1 Maintenance Worker I M 13,214 15,057 12 15,057 100% 0 0 Increased to full time per 15,057 Resolution #85-66. '1 Attorney Fees 0 4,000 4,500 12 4,500 33% 67% 2 hours per month Public Housing (show on Line 1 of 52571 and do not 1,500 3,000 4.5 hours per month Section 8 count as administrative salary) 147-,7-69 VM-.f57j 12 RESOLUTION NO. 85-297 RESOLUTION ESTABLISHING A POLICY FOR NAMING NEW STREETS. WHEREAS, the City of Iowa City acknowledges the enrichment and identity the past is capable of offering and wishes to give new roadways within its corporate limits names which are reminders of our heritage; and WHEREAS, the City of Iowa City wishes to recognize the adventurous individuals who made contributions which shaped and developed this community; and WHEREAS, the City of Iowa City wishes to establish a system of surnames which signify the direction of roadways, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That developers are encouraged to select the names of new local roadways from the list of names attached to this resolution and in accordance with the quadrant locations identified on the list and designated on the attached map. Said list and map are incorporated by this refer- ence herein. 2. That the surnames given to new Iowa City streets be consistent with the following system: a) Streets - A non -dead-end roadway aligned in a north -south direc- tion. b) Avenue - A non -dead-end roadway aligned in an east -west direction. c) Drive - A non -dead-end roadway which is aligned neither in a north -south nor east -west direction but whose direction changes and meanders. It was moved by Strait and seconded by Baker the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO t BAKER x DICKSON ERDAHL MCDONALD K STRAIT x ZUBER Passed and approved this 8th day ATTEST: 1985. The 46 STREET NAMES WITH HISTORICAL THEMES SELECTION LIST INDIAN NAMES NATURAL HISTORY (Southwest Quadrant) Flowers_ Minerals Songbirds Bluestem Agate Goldfinch Coneflower Geode Oriole Goldenrod Pipestone Robin Shooting Star Wild Rose IOWA TOWNS (Northwest Quadrant) Adel phi (Southeast Quadrant) Blackhawk Rantcheyaime Wapello Fox Sauk Wappashiek Mesquakie Sioux Oneota Tama Poweshiek Rock Valley NATURAL HISTORY (Southwest Quadrant) Flowers_ Minerals Songbirds Bluestem Agate Goldfinch Coneflower Geode Oriole Goldenrod Pipestone Robin Shooting Star Wild Rose IOWA TOWNS (Northwest Quadrant) Adel phi Corydon Jewell Red Oak Afton Danbury Kellogg Remsen Agency Deep River Keystone Rock Valley Alexander Defiance Lanesboro St. Ansgar Alta Vista Delhi Larchwood Sergeant Bluff Aplington Diagonal Laurens Sheffield Avoca Eagle Grove Le Claire Shell Rock Bancroft Elk Horn Lime Springs Sigourney Belle Plaine Essex Lone Tree Solon Belmond Farmington Lost Nation Spirit Lake Bloomfield Fayette Marengo Steamboat Rock Blue Grass Garden Grove Mediapolis Strawberry Point Bondurant Gladbrook Morning Sun Tipton Boone Gowrie Mystic Traer Buffalo Center Graettinger New Albin Underwood Calmer Grinnell New Market Vinton Charter Oak Guttenberg Orange City Waverly Clarinda Harpers Ferry Pella What Cheer Clear Lake Honey Creek Pleasant Hill Woodbine Coggon Huxley Postville Zwingle .s z PIONEER AND HISTORICAL NAMES (Northeast quadrant) Adams - Brick Mason Berryhill - Builder, Landowner Brossart — Associated wtih the St. James Hotel Buck - Grocer Butler - Associated with the First Capital Byington - Capitalist Cox - Surveyor, selected the name "Iowa City" Dondore - Wagon shop Dunkel - Associated with a local hotel and movie house Felkner - Legislator Folsom - Lawyer Frierson - Gaymon - Gower - Irish - Newspaper editor Judson - Surveyor Lathrop - Historian Lovelace - Architect, College Block Mendenhall - Merchant Murray - Doctor Parvin - Territorial Secretary, Masonic Lodge Sanders - Historian Sanxay - Iron stove merchant Trowbridge - Sheriff Robinson - Builder Workman - Builder Skinner Walker 83a Names Associates with Local Townships Cedar Liberty Scott Nolan Gross Parrott Sutliff Harris Ten Eyck Hill Clear Creek Hirt Union Stover Dennis Rohrer Fellows Madison Paul Washington Babcock Fremont Fry Monroe Yoder Sweet DuPont Graham Pleasant Valley Morse Mark Fountain Hardin Kelso Morford Packard Myers Skinner Walker 83a 3 Names Associated with the Writers' Workshop Ted Berrigan John Berryman John Cheever Frank Conroy John Gardner Joseph Langland Flannery O'Connor Margaret Walker Names Associated with the Coll Albrizio Lester Longman Stuart Edie Virginia Myers Emil Ganzo Ray Parker Phil Guston Martha Ranney Earl Harper Jane Wilson Horst Jansen Other Names Associated with the University Nellie Slayton Aurner - English professor May Brodbeck - Vice -President of Academic Affairs Bertha Horach Shambaugh Tennessee Williams Fred Kent - Photographer Bowersox - Sorghum mill Horack - Townsend - Photographer James - Photographer Patterson - Lawyer Welch - China shop Close - Glove factory Holubar - Metalsmith Graf - Bottling works Hartsock - Dry goods Hohenschuh-Funeral director Harbestroh - Park House Hummer - Minister Hotz - Contractor Hughes - Hoxie - Kosa - Meat market Additional Names Crummey - Hotel Bloom - Mayor Rate - Glove factory Englert - Ice, brewery Maresh - Metalsmith McInnery - Tavern Otto - Dey - Railroad Emonds - Priest, St. Mary's Burkley - Hotel Carson - Downey - Banker Coldren - Doctor Dostal - Brewery Fink - Stationery shop Ham - Amusement hall Reizenstein - Newspaper Pinney - Hotel Records - Seydel - Grocery Startsman - Strub - Dept. store Whetstone - Druggist Wieneke - Stationery shop Bowen - Doctor Banbury - Bastardes - Newell - Portrait painter Musser - Lumber Marquardt - Boarding hse. Moon - Doctor & druggist Tanner - Wagon works Crum - Newspaper ff3 3 I CST I E:: IA,RAE: r111,IArNMAA�\��� ki m NE Jk__s NW � �. ��1'lll■sS. � ■ � ii�i�i . �� . j�1 L/ �tl:ii�11111►� ZIO Jo RESOLUTION NO. 85-298 RESOLUTION AUTHORIZING EXTENSION OF INITIATION OF CONSTRUCTION ON URBAN RENEWAL PARCEL 65-2b. WHEREAS, on March 12, 1985, the City Council adopted Resolution No. 85-64 giving notice of its intention to accept an urban renewal development proposal from Small -Mears Building Company - Iowa City, a partnership owned by Philip Mears and Arthur Small, Jr., and, WHEREAS, the City of Iowa City subsequently entered into a Contract for Sale of Parcel 65-2b for Private Redevelopment and received payment as specified in the contract, and WHEREAS, the developer has requested in writing that the date of initiation of construction be extended from October 1, 1985, to November 1, 1985, due to unforeseen delays. NOW, THEREFORE, BE IT RESOLVED that City Council hereby agrees to grant the extension as requested. It was moved by Zuber and seconded by Erdahl the Resolution be a op a an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X - Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th dad of October , 1985. ATTEST: %ham �- ) J111 CIT CLERK 3%, T: a lz' 3a' 6<-7i.1': 'K l7o 835 RESOLUTION NO. 85-299 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HANDICARE, INC. FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PURCHASE OF A PASSENGER VAN. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council of Iowa City wishes to utilize such funds to assist Handicare, Inc. in the purchase of a passenger van for the transportation of users of the Handicare, Inc. program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Handicare, Inc., to purchase a passenger van. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: X Ambrisco X Baker X Dickson Abstained— Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of October 1985.985. n nn ATTEST: Reeehi--�A 8A AppiovR:i By The Leoa: Dep ar}mard AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANDICARE, INC. FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF A PASSENGER VAN This Agreement, entered into this 15th day of October 1985, by and between the City of Iowa City, a municipal corporation, (herein referred to as the "City"), and Handicare, Inc., a public non-profit entity, (herein referred to as "Handicare"); and WHEREAS, the City is the recipient of 1985 Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist Handicare in the purchase of a passenger van. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART 1 I. PURPOSE AND SCOPE OF SERVICES: A. Handicare shall purchase a passenger van capable of being equipped with a wheelchair lift for handicapped persons. B. The City shall provide technical assistance regarding vehicle specifications, bidding procedures and awarding of a contract for purchase of the van. All procedures shall be carried out according to HUD standards and shall be monitored by the City. C. Upon delivery and acceptance by Handicare, said van shall be used for the daily transportation of users to and from the Handicare program site, for the transportation of clients to and from recreational and educational field trips, and for the transportation of equipment and supplies for the Handicare program. II. TIME OF PERFORMANCE: Handicare shall perform according to the following schedule: Program Element Bid opening Notification of Successful Bidder Delivery of Van Van in Operation Deadline October 23, 1985 October 25, 1985 December 15, 1985 December 16, 1985 - December 15, 1990 This schedule is subject to change by mutual agreement of both parties, in writing. III. PROPOSED PROJECT BUDGET: 15 Passenger Van $13,350 ,3 7 Z 2 IV. COMPENSATION AND METHOD OF PAYMENT: The City shall pay and Handicare agrees to accept in full the amount of thirteen thousand, three hundred and fifty dollars ($13,350) or the purchase price of said van, whichever amount is less, for performance under this Agreement, as follows: A. Partial payment, equal in amount to such deposit, shall be made upon presentation to the City by Handicare of a receipt for a deposit paid toward the purchase of a passenger van. B. The balance of payment shall be made upon delivery and acceptance of the passenger van by Handicare. C. The total of the above payments shall not exceed $13,350. V. TERMS AND CONDITIONS: A. The City shall assume no responsibility or liability for the mainte- nance and operation of the Handicare van. B. Handicare shall, at its own expense, procure and maintain during the period of this Agreement, comprehensive and collision insurance for the Handicare van and, at a minimum, liability insurance for personal injury or death of one person, as a result of one accident, or other cause, in the amount of $100,000; liability insurance for personal injury or death of more than one person, as a result of one accident, or other cause, in the amount of $300,000; insurance for property damage (other than that to the Handicare van) as a result of any one accident, or other cause, in the amount of $50,000; and insurance for loss or damage of property of passengers in the amount of $1,000. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. C. Handicare shall, at its own expense, license the passenger van in accordance with the laws of the State of Iowa. D. Handicare shall not sell, assign, or transfer legal or equitable title to the van at any time prior to September 30, 1990, without written concurrence of the City. In the event that Handicare elects to sell or otherwise transfer legal or equitable title to the van or discontinue the Handicare program prior to December 15, 1990, Handicare shall either transfer legal title to the Handicare van to the City or shall pay to the City the average retail value of the Handicare van as listed in the then current NADA Official Used Car Guide. E. Except as provided herein, the terms of this Agreement shall be from the date of execution through December 15, 1990. F. This Agreement is subject to and incorporates all other terms and conditions set forth in Part 2 of this Agreement. B 3 PART 2 I. PERFORMANCE AND REPORTING: A. Handicare shall, in a manner satisfactory to the City, provide transportation for users of Handicare as specified in Part 1, Purpose and Scope of Services, Paragraph C, until December 15, 1990. B. Handicare shall direct all correspondence concerning this Agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator, 410 East Washington Street, Iowa City, Iowa 52240. C. Handicare shall submit quarterly reports by the 20th day of February, May, August, and November of each contract year. Such quarterly reports shall include statistics pertaining to the number of trips and the number of persons transported in the van, the number of handi- capped persons transported, and the city of residence of persons transported in the van. No reporting requirements shall extend beyond September 30, 1990. D. Not later than January 31, 1986, Handicare shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. Handicare shall furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request, pertaining to this Agreement. B. During the term of this Agreement, at any time during normal business hours, Handicare shall make available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of Handicare's records in order to permit examination of any audits, invoices, materials, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. Handicare shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termina- tion of this Agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-110, and OMB Circular A-122 (Cost Principles for Non -Profit Organiza- tions) shall apply to the use of funds disbursed under this Agreement. The City has provided Handicare with copies of said OMB Circulars, and Handicare hereby acknowledges receipt of said Circulars. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the use of the Handicare van on the basis of age, race, color, creed, religion, national origin, sex, marital status, sexual orientation or disability. All perspective 51 beneficiaries of the van must, however, be users of the Handicare program. Reasonable fees may be charged for the use of the van, but charges which may have the effect of precluding low -and moderate -income persons from using the van shall not be permitted. V. EQUAL EMPLOYMENT OPPORTUNITY: Handicare certifies that it is an "Equal Opportunity Employer" and that it shall comply with Chapter 18 (Human Rights) of the Iowa City Code of Ordinances, Chapter 601A (State Civil Rights) of the Iowa Code, and a 1 app—iicabie regulations of HUD pertaining to equal opportuni— t affirma- tive action in employment. Further, Handicare shall insure that all contracts under this Agreement contain appropriate equal employment opportunity statements. VI. TERMINATION OF AGREEMENT FOR CAUSE: If Handicare fails to fulfill its obligations under this Agreement in a timely and proper manner, or if Handicare violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to Handicare of such termination, specifying the default, or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default, or defaults, are remedied within such grace period. In the event of such termination, Handicare shall repay the City the full amount of $13,350, or, at the option of the City, transfer legal title to the Handicare van to the City. VII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the project to which this Agree- ment pertains shall have any private interest, direct or indirect, in this Agreement. VIII. INTEREST OF HANDICARE: Handicare covenants that it personally has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this Agreement. Handicare further covenants that in the performance of this Agreement, no person having such an interest shall be employed by Handicare. IX. ASSIGNABILITY: Handicare shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written approval of the City. R 216 HOLD HARMLESS PROVISION: Handicare shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any action based upon the performance of this Agreement. XI. LIMITATION OF CITY LIABILITY: Disclaimer of relationships: The City shall not be liable to Handicare, or to any party, for completion of or failure to complete any activities which are part of this Agreement. Nothing contained in this Agreement, or any act or omission of the City, Handicare, or any employee or agent of the parties, shall be deemed or construed by any of the parties, or by any third persons, to create any relationship of third -party beneficiary, principle and agent, limited or general partnership, or joint venture, or of any association or relationship involving the City. IN WITNESS WHEREOF, the parties hereto 15 day of October , 1985. CITY OF IOWA CITY, IOWA By ATTEST: CitpClerk have executed this Agreement on this 02 ATTEST: By�fy5, & Approved Sal �epartrnzni gql RESOLUTION NO. 85-500 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT REGARDING A PROPOSED JOINT SWIMMING POOL/RECREATION FACILITY PROJECT. WHEREAS, the governing bodies of the Iowa City Community School District and the City of Iowa City, Iowa, have expressed a strong interest in jointly constructing, owning and operating a swimming pool/recreation facility in the City of Iowa City, and WHEREAS, the parties intend to jointly exercise their governmental powers as authorized by Chapter 28E, The Code of Iowa, in further pursuing this project, and WHEREAS, it is necessary to prepare an outline for a process to facilitate this joint project, and WHEREAS, the parties desire to facilitate this process through the establish- ment of a joint planning committee, and WHEREAS, it will be necessary to retain the services of an Architectural and Engineering consultant to provide preliminary design information and cost estimates in order to submit a complete proposal to the electorate for a General Obligation Bond referendum. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest a memorandum of agreement between the City of Iowa City, Iowa, and the Iowa City Community School District, a copy of said memorandum of agreement being attached to and thereby made a part of this resolution. 2. The City Manager is hereby authorized to appoint four (4) representatives of the City of Iowa City to serve with four representatives of the Iowa City Community School District on the joint planning committee. It was moved by Zuber and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of October , 1985. ATTEST: App ed D' nn. Leg,,aly nt MEMORANDUM OF AGREEMENT This Memorandum of Agreement is made by and between the Iowa City Community School District, hereinafter referred to as the School District, and the City of Iowa City, Iowa, hereinafter referred to as the City. Whereas, the governing bodies of the School District and the City have expressed a strong interest in jointly constructing, owning and operating a swimming pool facility in the City of Iowa City at Mercer Park and near South East Junior High, this Memorandum is prepared to outline a process to facilitate the joint venture. Therefore, it is agreed by the parties as follows: 1. The School District and the City intend to plan and construct a joint venture swimming pool facility to be located in the City of Iowa City in or adjacent to Mercer Park or South East Junior High School. The planning for the project, construction and operation, and all of the terms and conditions stated in this Memorandum will be subject to approval by the respective governmental bodies and will also be subject to all applicable laws and regulations. 2. The parties intend to jointly exercise their governmental powers as authorized by Chapter 28E, The Code of Iowa, so that a joint venture project can be accomplished to their mutual advantage. A joint planning committee will be established by the parties with each governmental body appointing four (4) persons to the committee. The joint planning committee will develop a comprehensive plan for the construction, ownership and operation of a joint use swimming pool and will be specif- ically directed to accomplish the following objectives: (a) Meet with administrative staff for the School District and the City and compile the needs as identified by the School District and the City; (b) Secure the services required to develop a preliminary design of a facility to meet the needs as identified; (c) Review preliminary designs and obtain preliminary cost estimates for the recommended facility; (d) Investigate and recommend a suitable site for the facility; (e) Consult with legal counsel for the governmental bodies and recommend a plan for jointly financing and operating the swimming pool facility; (f) Investigate and report on other matters and concerns reasonably related to the project; and (g) Provide a report concerning all of the above matters for each of the parties within ninety (90) days after all committee members have been appointed. 3. The parties recognize and agree that the joint swimming pool facility may be combined with a multi-purpose recreational facility to be constructed and owned by the City. The development of this complex may be S33 coordinated with existing facilities at South East Junior High to maximize effective utilization of combined facilities for both the general public and the School District. 4. Subject to the approval by the governing bodies of the School District and the City, a total of $12,000.00 will be allocated to pay for profes- sional services and expenses reasonably and necessarily required by the planning committee for the purpose of preparing preliminary plans and preliminary cost estimates for the project. The proportionate share that each party contributes toward the above allocation will be reasonably based upon each party's interests in the joint project. 5. Prior to the expenditure of funds by either party for acquisition of equipment or land for the project, and prior to the public letting of any contract for the construction of public improvements in connection with said project, the City and the School District shall enter into further agreements regarding the construction, operation, maintenance, and management of the joint facility, and identifying the legal interest or interests which each party shall have therein. This Memorandum of Agreement is signed by the undersigned on the dates as indicated below: DATED 0<!*/C4 it,. Ives - DATED: October 8 1985 02-21-01-59 IOWA CITY COMMUNITY SCHOOL DISTRICT BY <.GlP-- he , c.%.144 CITY OF I WA CITY OW�� BY• Join McDonald, ay or ATTEST: ���� Ve el a:! Mar`Tan Karr, City Cler Fve'a 11 App � D) he legal D7 .nsenf TAV RESOLUTION NO. 85-301 RESOLUTION AUTHORIZING EXECUTION OF AN AGRE2dENT WITH SHIVE-HATTERY AND ASSOCIATES FOR DESIGN SERVICES FOR THE SANITARY LANDFILL LEACHATE LIFT STATION WHEREAS, the City of Iowa City, Iowa, has negotiated a Agreement with Shive-Hattery andAssociates a copy of said Agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said Agreement for Design Services for the Sanitary Tandfill Tearhata Lift Station NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Shive-flattery and Accnriatec 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Zuber and seconded by Baker the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of October 1985 ATTEST: )27,L,,J 41' .w,J CITY CLERK tha t P is u �:�: .,vtx• ay h: ievi2l a e�a'!nk:ri AGREEMENT THIS AGREEMENT made and entered into this 8th day of October , 1985, by and between the City of Iowa City, a municipal corporation,n, hereinafter referred to as the City and Shive-Hattery Engineers of Iowa City, Iowa, hereinafter referred to as the Engineer. WHEREAS the City intends to construct the Iowa City Sanitary Landfill Pumping and Force Main Facilities Project; NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the City does contract with the Engineer to provide engineering services as set forth herein according to the terms of this Agreement. This agreement shall be subject to the following terms, conditions, and stipulations, to -wit: SECTION I - SCOPE OF SERVICES 1.1 General 1.1.1 The City of Iowa City desires to construct a lift station and force main to pump leachate from the southeast corner of the Iowa City Sanitary Landfill to an existing sanitary manhole south of the Johnson County home (a distance of approximately 8,000 feet). This scope of services shall define the work to be performed by the Engineer. 1.1.2 The Engineer agrees to perform the following professional services for the project in accordance with generally accepted standards in the industry. 1.1.3 The Engineer shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: A. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. To discriminate against any individual in terms, conditions, or privileges of employment because of race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. 1.2 Design Services 1.2.1 The Engineer shall, under this paragraph, prepare detailed plans and specifications, form of contract, and notice to bidders for the Iowa City Sanitary Landfill Pumping and Force Main Facilities Project, hereinafter referred to as the Project. The basis of design shall be in accordance with the City's report on Solution of Leachate Problems at the Iowa City Sanitary Landfill, prepared by Stanley Consultants. SHIVE-HATTERY ENGINEERS 8�/0 1.2.2 The design services to be completed include, but are not necessarily limited to the following: A. Preparation of Contract Documents This includes the Notice of Public Hearing, Notice to Bidders, Form of Proposal, General Conditions, Special Conditions, Bid Schedule, Agreements, Miscellaneous Forms, Detailed Specifications, and Drawings (such materials are herein referred to as the "Contract Documents"). B. Cost Estimates The opinion of the construction cost prepared by the Engineer represents his best judgement as a design professional and is supplied for the guidance of the City. Since the Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, the Engineer does not guarantee the accuracy of such opinions as compared to contract bids or actual cost to the City. C. The Engineer will attend conferences and meetings with the City from time to time to facilitate completion of project design. Attendance of such meetings is included under design services. 1.2.3 The Contract Documents furnished by the Engineer shall utilize the City's standard construction contract documents, where such documents exist. In any case, all such documents shall be subject to approval by the City. 1.2.4 The drawings prepared by the Engineer shall be in sufficient detail to show the actual location of the proposed improvements on the ground. The Engineer shall prepare and furnish to the City without any additional compensation, copies of the survey notes required to prepare construction easements and permanent easements. Property plats and negotiations for land rights shall be accom- plished by the City. 1.2.5 The Engineer will obtain Iowa Department of Water, Air and Waste Management approval, and will prepare for the City's signature and submit the necessary permits for construction. 1.3 Bidding and Contract Award Assistance 1.3.1 Engineer shall under this paragraph, provide the following services to the City in obtaining and evaluating bids on the Project as follows: SHIVE•HATTERY ENGINEERS 9V I A. Interpretation of Contract Documents and preparation of Addendums during the bidding period. B. Preparation of bid tabulations. C. Analysis of bid results. D. Consultation with the City as required on the award of contracts. E. Assist in preparation of formal Contract Documents for review by the City's legal representative. 1.4 Engineering Services During Construction 1.4.1 Engineer shall under this paragraph, provide the following services to the City in administering the provisions of the Contract Documents as follows: A. Interpretation of the drawings and specifications and approval of all changes in the Contract Documents. Subject to final approval by the City. B. Make decisions regarding the Project as called for in the Contract Documents. C. Assistance in interpretation of the reports of inspections, laboratories, test borings, and subsurface exploration related to the Project during construction. D. Review of shop drawings and manufacturer's data for general conformance with the Contract Documents. E. Final inspection of the construction and recommendation for acceptance by the City. F. Make at least five periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he shall not be responsible for the means, methods, techniques, sequences or procedures or construction selected by contractor(s) or the safety precautions and programs incident to the work of Contractor(s). His efforts shall be directed toward providing assurance for City that the completed project conforms to the Contract Documents. During such visits and on the basis of his on-site observations he shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of Contractor(s) and shall recommend disapproval or rejection of work failing to conform to the contract documents. Such site visits are not intended to substitute for technical observations by a resident inspector employed by the City. SHIVE•HATTERY ENGINEERS gT,?, SECTION II - COMPENSATION FOR SERVICES 2.1 The City agrees to pay for all services performed in accordance with this agreement on a basis of 2.14 x Direct Personnel Expense. Direct personnel expenses of all personnel classifications and the direct personnel expense rates are attached to this Agreement as Exhibit A. 2.2 Reimbursable expenses shall be computed and paid at cost, and include expenditures made by the Engineer, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: 2.2.1 Expense of transportation and living when traveling in connection with the project and for long distance calls and telegrams, and for extraordinary work required by the City, pursuant to the direction of the City Engineer. 2.2.2 Expense of reproduction, postage and handling of drawings and specifications, excluding copies for bidders and suppliers. 2.2.3 Fees paid for securing approval of authorities having jurisdiction over the Project and fees paid by the Engineer for special engineers employed with the City's prior written approval for services other than those defined in this contract. 2.3 The total fee for Design and Bidding Phase Services (Sections 1.2 and 1.3) shall not exceed $11,400.00, including Reimbursable expenses. 2.4 The total fee for Construction Phase Services (Section 1.4) shall not exceed $1,800.00, including Reimbursables expenses. 2.5 Engineering services which the City requires that are not included in this Agreement will be performed by the Engineer on a cost plus fixed fee basis in accordance with Paragraphs 2.1 and 2.2 above, subject to approval and acceptance by both parties. SECTION III - TIME OF PERFORMANCE 3.1 The Engineer agrees to perform all Design Phase engineering services within 90 days after approval of this contract. The Bidding and Construction Phases services will be provided in accordance with the schedule prepared by the City and the Engineer. 3.2 Unless otherwise delayed by factors beyond the Engineer's control, the Engineer will perform required services to comply with a Project schedule approved by the City. Revisions to the Project schedule may be made from time to time, subject to the approval of both parties, to accommodate delays which affect the Project schedule. SHIVE•HATTERY ENGINEERS F7/ SECTION IV - GENERAL PROVISIONS 4.1 Pertaining to the Engineer's Services 4.1.1 Engineer agrees to perform all services in a thorough and professional manner and to hold the City harmless from any liens for materials and labor furnished by the Engineer in connection with their work. 4.1.2 The Engineer agrees to maintain insurance for public liability, property damage in the minimum amount of One Million Dollar limits, and workmans compensation. 4.1.3 Whenever in the Contract Documents or in this Agreement the terms "to coordinate" "as ordered""as directed" "as required" "as > > allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "proper", "satisfactory" or adjectives of like effect or import are used to describe requirements, direction, review or judgement of Engineer as to work, it is intended that such requirement, direction, review or judgement will be solely to evaluate the work as it relates to the Contract Documents. The use of any such term of adjective never indicates that Engineer shall have authority to undertake responsibility contrary to the provisions of the Contract Documents or this Agreement. 4.1.4 It is understood that failure of the City to receive the written approval of the Engineer for all changes in the Contract Documents initiated by the City could result in failure of the Project to conform to the plans and specifications prepared by the Engineer and the City shall assume all responsibility for any negative consequence of these changes. 4.1.5 The Engineer will not be responsible for the effects of temperature, erosion, flooding, settlement, or other acts of God nor for any other interference with contours and elevations by actions of others beyond the control of the Engineer. All contour and elevation data must be verified by the Contractor prior to construction and the Contract Documents shall clearly spell out this requirement in conspicuous language. 4.1.6 The Engineer has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, technique, sequences, or procedures required for the contractor to perform his work. Also omitted from Engineer's duties are any responsibility for shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods or temporary bracing methods. SHIVE•HATTERY ENGINEERS 856 4.1.7 The Engineer shall render its services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 4.1.8 The Engineer reserves the right to enter into agreements with other design professionals for portions of the work included under this Agreement. The Engineer shall receive approval of the City for such subcontracts, but any such work is subject to the limitation under Sections 2.3 and 2.4. 4.1.9 The Engineer will furnish such additional copies of the drawings, specifications and Contract Documents as may be required by prospective bidders, material suppliers, and other interested parties, but may charge for the actual cost of such copies. Upon award of each contract, the Engineer will furnish to the City five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the Engineer. 4.2 Pertaining to the City 4.2.1 Should the City terminate the contract, Engineer shall be paid on the basis of direct hourly fees and charges for professional services as herein attached as Exhibit A, and by this reference made a part hereof, for all work and services performed up to the time of termination. However, such sums shall not exceed the "not to exceed" amount listed in Section II. If the City and Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedure of the American Arbitration Association. The City may terminate this agreement immediately by written notice to the other party. 4.2.2 This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided,however, that no assignment shall be made without the written consent of all parties to said Agreement. 4.2.3 Engineer agrees to indemnify and hold harmless the City of Iowa City, its officers, employees, and agents against any liability or claim of damages arising out of the negligent acts, errors, or omissions of the Engineer, his employees or agents. 4.2.4 It is understood and agreed that the retention of the Engineer by the City for the purpose of said project shall be exclusive but the Engineer shall have the right to employ such assistance as may be required for the performance of the project. Engineer shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.00 multiplier times the amount billed. 4.2.5 It is agreed by the City that all records and files pertaining to information needed for said project shall be made available by said City upon request of the Engineer. The City agrees to furnish all reasonable assistance in the use of these records and files. SHIVE•HATTERY ENGINEERS Ssr 4.2.6 It is further agreed that no party to this Agreement shall perform contrary to any State, Federal, or County law or any of the Ordinances of the City of Iowa City, Iowa. 4.2.7 Robert J. DeWitt and/or David J. Elgin of the Engineer shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Engineer so that he/she may attend. 4.2.8 The Engineer agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Engineer pursuant to this Agreement, without cost and without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Engineer shall not be liable for use of such documents on other projects. 4.2.9 The Engineer agrees to furnish all reports and/or drawings with the seal of a Professional Engineer and Surveyor, or Architect affixed thereto where such seal is required by law. 4.2.10 The City agrees to tender to the Engineer all fees and money in accordance with the schedules attached as Exhibit A except that failure by the Engineer to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment in the amount sufficient to properly complete the Project in accordance with this Agreement. 4.2.11 Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 4.2.12 Original contract drawings shall become the property of the City. The Engineer shall be allowed to keep mylar reproducible copies for their filing use. 4.2.13 Direct Personnel Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits, and the amounts shown in Exhibit A include all such costs. Said Engineer shall, upon demand, furnish receipts therefore or certified copies thereof. 4.2.14 Records of the Engineer's Direct Personnel Expense, Reimbursable Expenses pertaining to the Project, and records of accounts between the City and the Engineer shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The Engineer shall furnish receipts of all reimbursable outside expenses upon request by the City. SHIVE-HATTERY ENGINEERS 96�— 4.2.15 All fees shall be billed and due payable monthly. With each billing the Engineer shall list the individual classification, the hours worked and the hourly rate. 4.2.16 All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectural Profession. 4.2.17 It is further stated that there are no other considerations or monies contingent upon or resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. IN WITNESS WHEREOF, the parties have hereto executed, by their duly authorized representatives, this agreement in duplicate on the respective dates indicated below: FOR THE CITY: MAYOR I TE: October 8, 1985 ATTEST: CITY CLERK FOR THE ENGINEER: L WAMIM001001 g Approved By Tie jetiaP Dopa M 3 8� SHIVE•HATTERY ENGINEERS 9151� EXHIBIT A DIRECT PERSONNEL EXPENSE Through December 31, 1985 Grade 8 Engineer $29.91 Grade 7 Engineer $27.10 Grade 6 Engineer $23.83 Grade 5 Engineer $21.03 Grade 4 Engineer $18.22 Grade 3 Engineer $15.89 Grade 2 Engineer $14.49 Grade 1 Engineer $13.08 Grade F Technician $14.95 Grade E Technician $14.02 Grade D Technician $12.62 Grade C Technician $10.28 Grade B Technician $8.41 Grade A Technician $5.61 Grade 4 Clerical $10.28 Grade 3 Clerical $8.88 Grade 2 Clerical $7.48 Grade 1 Clerical $5.61 3 -Man Survey Crew $30.37 2 -Man Survey Crew $22.90 SHIVE•HATTERY ENGINEERS S4/ RESOLUTION NO. 85-302 RESOLUTION ACCEPTING AND APPROVING WITHDRAWAL OF THE BID BY JOE JONES CONSTRUCTION, LTD. FOR THE CONSTRUCTION OF THE SPRUCE STREET DRAINAGE PROJECT AND APPROVING THE RELEASE OF THE CONTRACTOR'S BID BOND SUBMITTED IN CONNECTION THEREWITH WHEREAS, The City of Iowa City, Iowa did, pursuant to Resolution No. 85-264, passed and approved on August 27, 1985, advertise for competitive bids for the construction of the Spruce Street Drainage Project; and WHEREAS, competitive bids for the construction of said project, accompanied by the required bid bonds, were received from Joe Jones Construction, Ltd. and Murray's Excavating and Grading, among others, which companies were the low bidder and second low bidder, respectively; and WHEREAS, this City Council did, pursuant to Resolution No. 85-288, passed and adopted on September 24, 1984, award the contract for the construction of said project to Joe Jones Construction, Ltd., the lower bidder, and did authorize execution of the construction contract upon receipt of contractor's insurance certificate, performance bond and contract compliance program statements; and WHEREAS, prior to execution of the said contract by the City, Joe Jones Construction, Ltd. did request that it be allowed to withdraw its bid and obtain release of its bid bond in order that it might be able to pursue other scheduled work, on the condition that the second low bidder, Murray's Excavating and Grading, agree to amend its bid, execute the contract and perform the work for the same total contract amount, $44,306, as bid by Joe Jones Construction, Ltd.; and WHEREAS, Murray's Excavating and Grading has submitted a letter to the City amending its bid and indicating its willingness to execute the contract and perform the work for the same total contract amount as was bid by Joe Jones Construction, Ltd.; and WHEREAS, this City Council has been advised and does believe that it would be in the best interests of the City of Iowa City, Iowa, to accept and approve the withdrawal of the bid of Joe Jones Construction, Ltd. and authorize release of the bid bond submitted by Joe Jones Construction Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the withdrawal of the bid of Joe Jones Construction, Ltd. for construction of the Spruce Street Drainage Project is hereby accepted and approved and that the bid bond submitted in connection therewith be released, contingent upon the execution of the contract for construction of the Spruce Street Drainage Project by Murray's Excavating and Grading for the same total contract amount, $44,306, as was bid by Joe Jones Construction, Ltd gss Resolution No. 85-302 Page 2 It was moved by Strait and seconded by Dickson the Resolution be adopted, an upon roll call there -were.- AYES: ere: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of October 1985. AYOR ATTEST:2Vs+ CITY -CLERK Lie ��2 r_nf W RESOLUTION NO. 85-303 RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH MURRAY'S EXCAVATING AND GRADING FOR THE SPRUCE STREET DRAINAGE PROJECT IN THE AMOUNT OF $44,306.00. WHEREAS, The City of Iowa City, Iowa did, pursuant to Resolution No. 85-264, passed and approved on August 27, 1985, advertise for competitive bids for the construction of the Spruce Street Drainage Project; and WHEREAS, competitive bids for the construction of said project, accompanied by the required bid bonds, were received from Joe Jones Construction, Ltd. and Murray's Excavating and Grading, among others, which companies were the low bidder and second low bidder, respectively; and WHEREAS, this City Council did, pursuant to Resolution No. 85-288, passed and adopted on September 24, 1984, award the contract for the construction of said project to Joe Jones Construction, Ltd., the lower bidder, and did authorize execution of the construction contract upon receipt of contractor's insurance certificate, performance bond and contract compliance program statements; and WHEREAS, prior to execution of the said contract by the City, Joe Jones Construction, Ltd. did request that it be allowed to withdraw its bid and obtain release of its bid bond in order that it might be able to pursue other scheduled work on the condition that the second low bidder, Murray's Excavating and Grading, agree to amend its bid, execute the contract and perform the work for the same total contract amount, $44,306, as bid by Joe Jones Construction, Ltd.; and WHEREAS, Murray's Excavating and Grading has submitted a letter to the City amending its bid and indicating its willingness to execute the contract and perform the work for the same total contract amount as was bid by Joe Jones Construction, Ltd.; and WHEREAS, pursuant to Resolution No. 85- 302 , heretofore passed and approved by this City Council, the Ci y as accepted and approved the withdrawal of the bid of Joe Jones Construction, Ltd. for the construction of said project, contingent upon the execution of said contract by Murray's Excavating and Grading for the same total contract amount as that bid by Joe Jones Construction, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Murray's Excavating and Grading, subject to the condition that awardee secure adequate performance bond, insurance certificates and contract compliance program statements. �?57 Resolution No. 85-303 Page 2 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, insurance certificates and contract compliance program statements. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: Passed a ATTEST: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber RESOLUTION NO. 85-304 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANSEN LIND MEYER, P.C. FOR ARCHITECTURAL/ENGINEERING SERVICES FOR THE NEW ADDITION TO AND ALTERATION OF THE IOWA CITY CIVIC CENTER. WHEREAS, the Iowa City Civic Center -is currently inadequate to accommodate the operations of the government of the City of Iowa City, and WHEREAS, the addition of a new office building adjacent to the Civic Center and remodeling of the existing facility will relieve current overcrowding and allow for the relocation of the Engineering Division and the Department of Planning and Program Development to the Civic Center complex, and WHEREAS, it is in the public interest to provide adequate office space for certain City operating and administrative departments in one central loca- tion, and WHEREAS, the City has negotiated an agreement with Hansen Lind Meyer, P.C. to provide architectural and engineering services relating to the construction of a new office facility and remodeling of the existing Civic Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign, and the City Clerk to attest, an agreement between the City of Iowa City, Iowa and Hansen Lind Meyer, P.C. for architectural/engineering services for the new addition to and alteration of the Iowa City Civic Center. It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Baker X Dickson x Erdahl X McDonald x Strait X Zuber Passed and approved this 16th da of October 000'�� , 1985. ATTEST: �jjpi,�„�w. IT CLERK v fvec!Frprovs.z 8y ta )eperhm- of G,.T9 Fees. 56— 305 October 16, 1985 The Finance Director of Iowa City, Iowa, met in her office in the Civic Center, Iowa City, Iowa, at 11:00 o'clock a.m., on the above date, to open sealed bids received and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at its meeting to be held this afternoon. The following persons were present at said meeting: Finance Director Rosemary Vitosh; Atty. Ken Haynie; Financial Advisor Wayne Burqqraaff; City Clerk Marian Karr; City Manager Neal Berlin; Asst. Finance Director Kevin O'Malley; Senior Acct. Terry Kimble; Councilmember Ernie Zuber -1- V+iers. Cooney. Oameile[ Ha. rve, imic. 6 nllbee. L Wy De +vanes. Awa �o This being the time and place for the opening of said bids for the sale of not to exceed $4,700,000 General obligation Bonds, the meeting was thrown open for the receipt of bids for said bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: Harris Trust and Savings Bank & Associates First National Bank of Chicago & Associates Northern Trust Company & Associates Continential Illinois National Bank & Trust of Chicago & Associates Whereupon, the Finance Director opened the sealed bids received, and the best sealed bid was as follows: Name & Address of Bidder: First National Bank of Chicago & Associates Net Interest Rate: 7.533903 Net Interest Cost: $2.139.628.50 Thereafter the undersigned has awarded the sale of the bonds to said bidder in accordance with said bid on said issue, subject to approval by the City Council. City Clerk -2- V Ien. Cooney. Dcrr Tec Harm, : O B rllhl �.. mss. Des %bines a a lv 6/ /211� October 16, 1985 The City Council of Iowa City, Iowa, met in special session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 4:45 o'clock P.M., on the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: Ambrisco, Dickson, McDonald, Zuber Absent: Baker, Strait, Erdahl -1- Miers, Coonry, Dom fer, Haynie SmiN b Allbee, lawyers, Des Moines, Iowa / / Zuber introduced the following Resolution entitled "RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,700,000 GENERAL OBLIGATION BONDS," and moved its adoption. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, McDonald, Zuber, Ambrisco Absent: Baker, Erdahl, Strait 0X&V Whereupon, the Mayor declared the following Resolution duly adopted: 85-305 RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received was determined by the Finance Director and said bonds were awarded as follows: $4,700,000 GENERAL OBLIGATION BONDS: Bidder: the terms of said bid being: of SEE ATTACHED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- Cooney, Dorwciler, Haynie, Srt.i 6 Allbee, lawyers 'J •bines. Iowa BID FORM - $4,700,000 GENERAL OBLIGATION BONDS Members of the City Council Sale Date: October 16, 1985 Iowa City, Iowa Dated: November 1, 1985 Due: May 1, 1987/1996 Members of the City Council: For all or none of the principal amount of $4,700,000 General Obligation Bonds of your City, legally issued and as described in the Notice of Bond Sale, we will pay the City D ' 6 G g&& 06, Dollars (not less than $4,653,000 ) plus accrued interest on the total principal amount of $4,700,000 to date of delivery, Provided the Bonds 4� bear interest ap the following rates: Interest Interest Year Amount Rate Year Amount Rate 1987 $450,000 5", So % 1992 $475,000 1.30 % 1988 450,000 .00 % 1993 475,000 ?,SD 8 1989 475,000 (I.S10 B 1994 475,000 -1,70 8 1990 475,000 &J90 8 1995 475,000 7,q0 % 1991 475,000 7,10 8 1996 475,000 1,go % We enclose, herewith, a €�Fiet3eC�tk9F cashier's check in the amount of $94,000 payable to the City. NOT PART OF THE BID Respectfully submitted, Explanatory Note: According to our computation, -this bid involves the following: $ a l39,�a8, Net Interest Cost 7533903 Net Interest Rate hereby acknowledge receipt of the above-described good faith ck. 7) The First National Bank of Chicago Syndicate Manager By L� F�l����. P . (A list of the firms associated with us in this bid is on the reverse side of this proposal.) The foregoing offer is hereby accepted by and on behalf of the City of Iowa City, Iowa, this 16th day of October, 1985. �yty or Iowa city 2w��- City of Iowa City Section 1. That the bid for the bonds as above set out was determined by the Finance Director to be the best and most favorable bid received and, said action by said Finance Director is hereby ratified and confirmed. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Finance Director are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Finance Director done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 16th day of 1985. ATTEST: Finance Dir for City lerk October -3- Mles, Cooney, D iweiler, Haynie, Smith 6 Allbee, lawyers, Des' mes, lava CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of October , 1985. SEAL Cit Clerk, Iowa City, Iowa Ahlea, Coonry, Dom ler, Haynie, 5mirh B Allbm lawyers, Des i nes, Iowa 4 4 � RQj. 05--301p October 16, 1985 The Finance Director of Iowa City, Iowa, met in her office in the Civic Center, Iowa City, Iowa, at 11:00 o'clock a.m., on the above date, to open sealed bids received and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at its meeting to be held this afternoon. The following persons were present at said meeting: Finance Director Rosemary Vitosh• Atty. Ken Haynie; Financial Advisor Wayne Burggraaff; City Clerk Marian Karr City Manager Neal Berlin; Asst. Finance Director Kevin O'Malley; Senior Acct. Terry Kimble; Councilmember Ernie Zuber. -1- vies. Cooney Dom elegy 'a. -- —.m d +ilbee s.�•e�. Des voices. :o..a This being the time and place for the opening of said bids for the sale of not to exceed $4,055,000 Parking System Revenue Bonds, the meeting was thrown open for the receipt of bids for said bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: Clayton Brown & Associates John Nuveen & Co. Incorporated & Associates Whereupon, the Finance Director opened the sealed bids received, and the best sealed bid was as follows: Name s Address of Bidder: Net Interest Rate: 9.7813 John Nuveen & Co. Incorporated & Associates Net Interest Cost: $4,357,601.67 Thereafter the undersigned has awarded the sale of the bonds to said bidder in accordance with said bid on said issue, subject to approval by the City Council. Citty Clerk -2- N.ien. Cooney, Dome* ilamie, imjm i Vbee..s.vers. Des ♦genes. i a 1041 Of" October 16, 1985 The City Council of Iowa City, Iowa, met in special session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 4:45 o'clock P.M., on the above date. There were present Mayor McDonald in the chair, and the following named Council Members: Ambrisco, Dickson, McDonald, Zuber Absent: Baker, Strait -1- Ahlers, Cooney, Doiweiler, Haynie, Smith & Allbee, lawyers. Des r.+.a m Iowa 1069 Ambrisco introduced the following Resolution entitled "RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,055,000 PARKING SYSTEM REVENUE BONDS," and moved its adoption. Zuber seconded the motion to adopt. The roll was called and the vote was, AYES: McDonald, Zuber, Ambrisco, Dickson Absent: Baker, Erdahl, Strait NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 85-306 RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,055,000 PARKING SYSTEM REVENUE BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received was determined by the Finance Director and said bonds were awarded as follows: $4,055,000 PARKING SYSTEM REVENUE BONDS: Bidder: the terms of said bid being: of SEE ATTACHED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- A Im Cooney, Dary let Hry.0 Smith b Mibee, la wm Des Manes. lova 6 7d Ur inn nlu Explanatory Note: According to our computation, this bid involves the following: $ '41 3S? Net Interest Cost 9, 74(13 5)0, Net Interest Rate I hereby ackno edge receipt of the above- scribed good faith check. Respectfully submitted, EN & CO. INCORPORATED Manaqer Paul E. Greenawalt, Vice Presid (A list of the firms associated with us in this bid is on the reverse side of this proposal.) The forec__n_ offer is hereby acceoted c and on behalf of the Cay cf =�:wa City, Iowa, tl s 16t ta_ of October, 1985. cxa City �a��� ttitJ Cit", of a Citv X71 BID FOR14 - $3,855,000 PARKING SYSTEM F.=:7-NUE BONDS Members of the City Council Sale Date: October 16, 1985 Iowa City, Iowa Dated: November 1, 1985 Due: .;uly 1, 1986/2003 Members of the City Council: For all or none of the principal amount of $3,85=,000* Parking System Revenue Bonds of your City, legally issued and as described in the Notice of Bond Sale, we will pay the City 3.7j f cc Dollars (not less than $3,787,550) plus accru d _nterest on the total principal amount of $3,855,000 to date of deliver_, provided the Bonds bear interest at the following rates: Interest interest Interest Year Amount Year Amount Race Year Amount Rate yyRate 1986 $ 70,000* 0,-P % 1992 $155,000* S, SV % 1998 $260,000* a/. 90 1987 105,000* 1,J -D % 1993 170,000* R•,sp % 1999 290,000* �, D 1988 110,000* .a-0 % 1994 185,000* j-�r % 2000 320,000* g,qJ % 1989 115,000* % 1995 200,000* x,00 % 2001 350,000* 10,6,0 % 1990 125,000* 4-D % 1996 220,000* C)- -2, 2002 380,000* 70,00 1991 140,000* f,A-0 % 1997 235,000* 1,4y % 2003 425,000* /Uric We enclose, herewith, a certified or cashier's check in the amount of $77,100 payable to the City. Ur inn nlu Explanatory Note: According to our computation, this bid involves the following: $ '41 3S? Net Interest Cost 9, 74(13 5)0, Net Interest Rate I hereby ackno edge receipt of the above- scribed good faith check. Respectfully submitted, EN & CO. INCORPORATED Manaqer Paul E. Greenawalt, Vice Presid (A list of the firms associated with us in this bid is on the reverse side of this proposal.) The forec__n_ offer is hereby acceoted c and on behalf of the Cay cf =�:wa City, Iowa, tl s 16t ta_ of October, 1985. cxa City �a��� ttitJ Cit", of a Citv X71 Section 1. That the bid for the bonds as above set out was determined by the Finance Director to be the best and most favorable bid received and, said action by said Finance Director is hereby ratified and confirmed. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Finance Director are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Finance Director done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 16th day of October , 1985. Mayor ATTEST: Finance Di ctor -3- ANN Cooney, Donre'e: Haynie 5m1d 8 Allbee. Lry vers, Des voines, b..a / �� CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of October , 1985. SEAL A 71// 1"/ City Clerk, Iowa City, Iowa Mien. C. . OorveileC Hry l Smirk & AI',bee, lawyers. � Marcs. Iowa /O �� IOWA CITY CITY COUNCIL SPECIAL MEETING October 16, 1985 4:45 P.M. COUNCIL CHAMBERS Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HANSEN LIND MEYER, P.C., FOR ARCHITECTURAL/ENGINEERING SERVICES FOR A NEW ADDITION TO AND ALTERATION OF THE IOWA CITY CIVIC CENTER. Comment: Hansen Lind Meyer, P.C., is the firm selected by the respective committees to provide A&E services for both the new construction and the remodeling projects. The agreement provides for a not - to -exceed fixed fee of 6.75% of the cost of new construction and 8% of the cost of the remodeling. A copy of the agreement is attached to the resolution. Action: Item No. 3 - CONSIDER RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,700,000 GENERAL OBLIGATION BONDS. Comment: This resolution ratifies and confirms the actions of the Finance Director in the determination of the best and most favorable bid which was received on October 16, 1985, at 11:00 A.M. on the $4,700,000 General Obligation Bonds issue. Action: Item No. 4 - CONSIDER RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,055,000 PARKING SYSTEM REVENUE BONDS. Comment: This resolution ratifies and confirms the actions of the Finance Director in the determination of the best and most favorable bid which was received on October 16, 1985, at 11:00 A.M. on the 54,055,000 Parking Revenue Bond issue. Action: /V RESOLUTION NO. 85-307 A RESOLUTION of intent to dispose of a portion of Peterson Street lying south of its intersection with Arbor Drive in Iowa City, Iowa. WHEREAS, an ordinance has been presented to the City Council of the City of Iowa City, Iowa, proposing to vacate certain City -owned street right-of-way described as follows: Commencing at the southwest corner of the northwest fractional quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; thence north 00043'39" west, (A Recorded Bearing) along the west line of said northwest fractional quarter of Section 18, 1052.00 feet; thence north 00043'39" west, along said west line, 54.00 feet, to the northwest corner of Parcel 3 of the plat of survey, recorded in Plat Book 19, at page 84, of the Records of the Johnson County Recorder's Office, which is the Point of Beginning; thence, north 86059'26" west, along the northerly line of said Parcel 3, 19.43 feet, to a point which is 25.00 feet normally distant easterly of the easterly line of Part 11A Court Hill, an Addition to the City of Iowa City, Iowa, as recorded in Plat Book 9, at page 40, of the Records of the Johnson County Recorder's Office; thence north 00056'18" west, along a line parallel with the east line of Part 11A Court Hill Addition, 211.29 feet; thence south- easterly, 26.17 feet, along an 85.00 foot radius curve, concave northeasterly, whose 26.07 foot chord bears south 51025'20" east, to a point on the west line of said northwest fractional quarter of Section 18; thence south 00043'39" east, along said west line, 196.04 feet, to the Point of Beginning. Said tract of land contains 0.09 acres more or less, and is subject to easements and restric- tions of record; and WHEREAS, in the event that said proposed ordinance be enacted, and upon its effective date said property be vacated, the same shall be deemed to be excess City property, suitable for disposition; and WHEREAS, Hallmark Homes, Inc. has proposed the vacation of said portion of Peterson Street right-of-way so that it may acquire the east half of said right-of-way and combine it with Lot 16 of the proposed Vista Park Village Subdivision to meet minimum lot area requirements; and WHEREAS, the City Council of the City of Iowa City, Iowa has been advised and does believe that it would be in the best interest of the City of Iowa City to consider said proposal for the disposition of said City -owned property. �e 75 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council does hereby declare its intent and proposal to dispose of the east half of the above-described City -owned street right-of-way, consisting of 3,920 square feet, upon the enactment of the City ordinance vacating same, o TM -mark Homes, Inc, for the sum of $ 100.00 ; and AND BE IT FURTHER RESOLVED That a Public Hearing on said proposal be set for October 22, 1985, and that the City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal herein above set forth. It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 16th dad of October ATTEST: �(�J U11T CLERK 1985. r RESOLUTION NO. 85-308 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: Friday's, 121 E. College American Legion Roy Chonek Post #17, 3016 American Legion Rd. It was moved by Ambrisco and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X 19 gPassed and approved this 22 day of October yor Attest: City Clerk RESOLUTION NO. 8S-309 RESOLUTION AFFIRMING AN EMPLOYEE SUSPENSION WHEREAS, by authority of Chapter 400.19 of the Code of Iowa and after consideration of the facts, the City Manager has determined that certain disciplinary action is appropriate; and WHEREAS, based on said determination, disciplinary action has been taken; and WHEREAS, the Council has been fully advised of the reasons for such action by the Manager; and WHEREAS, Chapter 400.19 of the Code of Iowa further requires that the City Council affirm or revoke such disciplinary measures taken by the Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the disciplinary action taken by the City Manager with regard to employee #9675 as indicated in the attached report to the City Council be, and the same is hereby affirmed. It was moved by Ambrisco and seconded by Dickson the Resolution e a opted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco --T— Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 22nc ATTEST: �jo��� CITY CLERK 35. NOTICE TO THE CITY COUNCIL OF DISCIPLINARY ACTION TAKEN BY THE CITY MANAGER NAME AND TITLE: Employee #09675, Mass Transit Operator TYPE OF DISCIPLINE: One (1) Day Suspension REASON FOR DISCIPLINE: Misconduct - Repeated Tardiness On October 10, employee #09675 reported to work 18 minutes late. This was the third occurrence in one month and oral and written warnings were given previously. These penalties are specified in Article IV, Section K of the Mass Transit Operators Handbook. Should this employee or a representative appear to object to this action, the Council should permit an appearance by the employee and the supervisor recommending the action. When affirmed by the Council, non -probationary employees have the right of appeal to the Civil Service Commission where a full hearing may be held. 679 RESOLUTION NO. 85-310 RESOLUTION ACCEPTING THE WORK FOR ME CAMP CARDINAL ROAD BRIDGE RELOCATION PROJECT (BROS-52IC(1)--8J-52) WHEREAS, the Engineering Division has recommended that the improvements covering the Cama Cardinal Road Bridge Relocation Project as inciuceo in a con Goof Dubuque, Iowa accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 22nd ATTEST: V , CITY CLERK day of October , 19—LqL_ Received A. Approve!: P,y 7q Io �i E+_partrxri 6 �0n RESOLUTION NO. 85-311 A RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF EXCESS CITY PROPERTY, TO WIT, A PORTION OF VACATED PETERSON STREET RIGHT OF WAY LYING SOUTH OF ITS INTER- SECTION WITH ARBOR DRIVE IN IOWA CITY, IOWA. WHEREAS, this City Council did, pursuant to Ordinance No. 85-3258, passed and approved the 22nd day of October, 1985, vacate a portion of Peterson Street lying south of its intersection with Arbor Drive, more particularly described as follows: Commencing at the southwest corner of the northwest fractional quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; thence north 00043'39° west, (A Recorded Bearing) along the west line of said northwest fractional quarter of Section 18, 1052.00 feet; thence north 00043'39" west, along said west line, 54.00 feet, to the northeast corner of Parcel 3 of the plat of survey, recorded in Plat Book 19, at page 84, of the Records of the Johnson County Recorder's Office, which is the Point of Beginning; thence, north 86059'26" west, along the northerly line of said Parcel 3, 19.43 feet, to a point which is 25.00 feet normally distant easterly of the easterly line of Part 11A Court Hill, an Addition to the City of Iowa City, Iowa, as recorded in Plat Book 9, at page 40, of the Records of the Johnson County Recorder's Office; thence north 00056'18" west, along a line parallel with the east line of Part 11A Court Hill Addition, 211.29 feet; thence south- easterly, 26.17 feet, along an 85.00 foot radius curve, concave northeasterly, whose 26.07 foot chord bears south 51025'20" east, to a point on the west line of said northwest fractional quarter of Section 18; thence south 00043139" east, along said west line, 196.04 feet, to the Point of Beginning. Said tract of land contains 0.09 acres more or less, and is subject to easements and restric- tions of record; and WHEREAS, this City Council did, pursuant to Resolution No. 85-307, adopted and approved on the 16th day of October, 1985, declare its intent and proposal to dispose of the eastern half of said vacated street right-of-way by selling same to Hallmark Hanes, Inc., did authorize publication of notice of its proposal with regard thereto, and did set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, and being fully advised as to the merits of said proposal, and having given full study and consideration, this Council deems said proposed disposal of said vacated street right-of-way as excess City property to be in the best interest of the City of Iowa City, Iowa. 00/ 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and City Clerk be and are hereby authorized, empowered and directed to execute and deliver a City Deed conveying the City's interest in said vacated Peterson Street right-of-way to Hallmark Homes, Inc., for and in consideration of the sum of $100, and Hallmark Hanes, Inc., agreement and covenant to pave half of Peterson Street abutting Shamrock Place. AND BE IT FURTHER RESOLVED That the City Deed attached hereto and made a part hereof is hereby approved as to form and contents. AND BE IT FURTHER RESOLVED That the City Attorney be and is hereby authorized, empowered and directed to deliver said City Deed on payment of consideration as indicated by the foregoing. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES X X X X X X X NAYS ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 22nd day of October , 1985. ATTEST: H & Approveo al Department CITY DEED KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a municipal corporation, of the County of Johnson, and State of Iowa, by its Mayor thereunto duly authorized, as hereinafter set forth, in consideration of the sum of One hundred and no/100 DOLLARS, in hand paid by Hallmark Homes, Inc. of the County of Johnson, and State of Iowa, and the covenant and agreement of Hallmark Homes, Inc. to pave one-half of that portion of Peterson Street abutting City -owned property known locally as "Shamrock Place", does hereby release, remise, convey and quitclaim unto the said Hallmark Homes, Inc. all its right, title and interest in and to the following described premises situated in the County of Johnson, and State of Iowa, to -wit: A portion of the east half of vacated Peterson Street lying south of its intersection with Arbor Drive, more particularly described as: commencing at the southwest corner of the northwest fractional quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; thence north 00043'39" west, (A Recorded Bearing) along the west line of said northwest fractional quarter of Section 18, 1052.00 feet; thence north 00043'39" west, along said west line, 54.00 feet, to the northeast corner of Parcel 3 of the plat of survey, recorded in Plat Book 19, at page 84, of the Records of the Johnson County Re- corder's Office, which is the Point of Beginning; thence, north 86059'26" west, along the northerly line of said Parcel 3, 19.43 feet, to a point which is 25.00 feet normally distant easterly of the easterly line of Part 11A Court Hill, an Addition to the City of Iowa City, Iowa, as recorded in Plat Book 9, at page 40, of the Records of the Johnson County Recorder's Office; thence north 00056'18" west, along a line parallel with the east line of Part 11A Court Hill Addition, 211.29 feet; thence southeasterly, 26.17 feet, along an 85.00 foot radius curve, concave northeasterly, whose 26.07 foot chord bears south 51025'20" east, to a point on the west line of said northwest fractional quarter of Section 18; thence south 00043'39" east, along said west line, 196.04 feet, to the Point of Beginning. Said tract of land contains 0.09 acres more or less. The property herein conveyed shall be subject to easements and restric- tions of record and to a permanent and perpetual easement being granted to and reserved in the City of Iowa City, Iowa, its licensees and/or franchise grantees, for the maintenance of any and all public utilities equipment presently in place, and for the reconstruction, replacement and repair thereof which said City or its licensees or franchise grantees may in the future deem necessary and proper. 2 This deed is executed and delivered under and by virtue of the authority vested in the Mayor and City Clerk of Iowa City, Iowa, under the provisions of Resolution No. 85-311 , duly passed and approved on the 22nd day of October, 1985. IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused this instru- ment to be signed by its Mayor and duly attested by the City Clerk, and the seal of said City hereunto affixed this 22 day of October, 1985. E ATTEST: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) CITY OF IOWA CITY, IOWA On this as day of a_ 4UL 19$5 , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public n and for Johnson County, Iowa y DOMSJ.DeMARM MYCOMMIISSICN "s RESOLUTION NO. 85-312 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF VISTA PARK VILLAGE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Hallmark Homes, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Vista Park Village, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at the southwest corner of the northwest fractional quarter of Section 18, Township 79 North, Range 5 gest of the 5th Principal Meridian; thence north 00043'39" west, (A Recorded Bearing) along the west line of said northwest fractional quarter of Section 18, 1052.00 feet, to the Point of Beginning; thence north 00043'39" west, along said west line, 836.22 feet; thence south 89028'11" east, 450 feet, to a point on the westerly right-of-way of relocated Scott Boulevard; thence south 02051'10" west, along said westerly line of Scott Boule- vard, 292.27 feet; thence southwesterly, 139.52 feet, along said westerly line of Scott Boulevard, on a 1095.92 foot radius curve, concave northwesterly, and whose 139.42 foot chord bears south 13024'47" west; thence south 44008'19" west, along said westerly line of Scott Boulevard, 563.57 feet, to the Point of Beginning. All in accordance with the plat of survey recorded in Plat Book 19, at page 84, of the records of the Johnson County Recorder's Office. Said tract of land contains 6.11 acres more or less, and is subject to easements and restrictions of record. And also: Commencing at the southwest corner of the northwest fractional quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; thence north 00043'39" west, (A Recorded Bearing) along the west line of said northwest fractional quarter of Section 18, 1052.00 feet; thence north 00043'39" west, along said west line, 54.00 feet, to the northwest corner of Parcel 3 of the plat of survey, recorded in Plat Book 19, at page 84, of the records of the Johnson County Re- corder's Office, which is the point of beginning; thence, north 86059'26" west, along the northerly line of said Parcel 3, 19.43 feet, to a point which is 25.00 feet normally distant easterly of the easterly line of Part Ila Court Hill, an addition to the City of Iowa City, Iowa, as recorded in Plat Book 9, at page 40, at the records of the Johnson County Recorder's Office; thence north 00056'18" west, along a line parallel with said east line of Part Ila Court Hill Addition, 211.29 feet; thence southeasterly, 26.17 feet, along an 85.00 foot radius curve, concave northeasterly, whose 26.07 foot chord bears south 51025'20" east, to a point on the west line of said northwest fractional quarter of Section 18; thence south 00043'39" east, along said west line, 196.04 feet, to the Point of Beginning. Said tract of land contains 0.09 acres more or less, and is subject to easements and restrictions of record. le 195 Resolution No. 85-312 Page 2 WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plats of said subdivision and have recommended approval of same; and WHEREAS, the preliminary and final plats of said subdivision have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved upon condition; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa, except that requiring 28 feet of paving on a local street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary and final plats of Vista Park Village, a subdivision of the City of Iowa City, are hereby approved waiving the minimum pavement width requirement of a local street from 28 feet to 25 feet for Vista Park Drive and Peterson Street. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the legal documents and final plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 22nd day of October 1985. ATTEST:„ U IY CLERK RoeeNed & Approved ByTh L dal De e , M � A s t $j I IV /I IOWA CITY, IOWA 52240 OWNER'S ATTORNEY CHARLES A. MULLEN BREMER BLDG. IOWA CITY, IOWA 52240 GAL DE CRIPTlON LE Commencing at the Southwest Corner of the Northwest Fractional Quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; Thence N00.43'39"W; (A Recorded Bearing) along the West Line of said Northwest Fractional Quarter of Section 18, 1052,00 feet, to the Point of Beginning; Thence N00043139"W, along said West Line, 836.22 feet; Thence S89028111"E, 450.00 feet, to a point on the Westerly Right -of -Way of Relocated Scott Boulevard; , Thence S2°51'10"W, along said Westerly Line of Scott Boulevard, 292.27 feet; Thence Southwesterly, 139.52 feet, along said Westerly Line of Scott Boulevard, on a 1095.92 foot radius curve, concave Northwesterly, and whose 139:42 'foot chord bears S13024'47"W; Thence S44008'19"W, along sled Westerly Line of Scott Boulevard, 563.57 feet, to the Point of Beginning. All in accordance with the Plat of Survey recorded in Plat Book 19,' -at Page 84, of the Records of the Johnson County Recorder's Office. Said tract of land contains 6.11 acres more or less, and Is subject to easements and restrictions of record. And Also: " Commencing at the Southwest Corner of the Northwest Fractional Quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; Thence N00043139"W, (A Recorded Bearing), along the West Line of said Northwest Fractional Quarter of Section 18, 1052.00 feet; Thence N00043'39"W, along said West Line, 54.00 feet, to the Northestt-corner of Parcel -3 of the Plat of Survey, Recorded in Plat Book 19, at Page 84, of the Records of the Johnson County Recorder's office, which is the Point of Beginning; Thence, N86659'26"W, along the Northerly Line of said Parcel 3, 19.43 feet, .to a point which is 25.00 feet normally distant Easterly of the Easterly Line of Part 11A Court Hill; an Addition to the City of Iowa City, Iowa as Recorded in Plat Book 9, at Page 40,` of the Records of the Johnson County Recorder's Office; Thence N00056118"W, along a line parallel with said East Line of Part 11A Court Hill Addition, 211.29 feet; Thence Southeasterly, 26.17 feet, along a 85.00 foot radius curve, concave Northeasterly, whose 26.07 foot chord bears S51'25'20"E, to a point on the West Line of said Northwest Fractional Quarter of Secticn 18; Thence S00'43'39"E, along said'West Line, 196.04 feet, to the Point of Beginning. Said tract of land contains 0.09 acres more or less, and is subject to _easements and restrictions of record. , �A/VCOK'AW A EY�ST�H SC[ le, -79-5 - RESOLUTION NO. 85-313 RESOLUTION AMENDING THE MEMBERSHIP OF THE URBAN ENVIRONMENT AD HOC COMMITTEE. WHEREAS, on March 27, 1984 the City Council of Iowa City established the Urban Environment Ad Hoc Committee by Resolution No. 84-59; and WHEREAS, said Committee is composed of representatives of various Boards and Commissions with an interest in the areas of the Committee's concern; and WHEREAS, the activities of the Parks and Recreation Commission are closely linked to certain areas of the Committee's concern and the Parks and Recreation Commis- sion should be represented on the Urban Environment Ad Hoc Committee; and WHEREAS, the Chamber of Commerce Environmental Concerns Committee representative has taken a very active part in shaping the recommendations of the Committee and should be a voting member of the Committee; and WHEREAS, it is important to ensure continued exchange of information with the University of Iowa on the issues of concern to the Committee, particularly those relating to environmentally sensitive areas located on University property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that item 5 of Resolution No. 84-59 be amended to read: This twelve -member Committee shall be comprised of two members of the City Council, two members of the Planning and Zoning Commission, one member of the Riverfront Commission, one member of the Historic Preservation Commission, a citizen representative of environmental interests, a citizen representative of development interests, a member of the Design Review Committee, a member of the Parks and Recreation Commission, a member representing the Chamber of Commerce Environmental Concerns Committee, and one non-voting member representing the University of Iowa. It was moved by Ambrisco and seconded by the Resolution be a opte , an upon ro call there were: Strait AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _X_ Erdahl X McDonald _X Strait — X— Zuber Passed and approved this 22nd day of _ October , 1985. ATTEST: Yk �_ CITY CLERK ReceFved y. Aap�� BY T11 Leda! L`eeaairseRt RESOLUTION NO. 85-314 RESOLUTION AUTHORIZING EXECUTION OF A,`I AGREEMENT WITH THE IOWA DEPARTMENr OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an Agreement with the Iowa De t. of TransoortatioI a copy of said Agreement being attached to this Reso ution and by tis reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said Agreement with the Iowa Department of Transportation for a Federal -Aid ilrban Systems Project for the repaving of Dubuque Street from Iowa Avenue to Park Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with the Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Zuber and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 22nd day of October 19 85 ATTEST: XY{�. �, J -K. 1�„ ) CITY CLERK ReceivNt a Approved By The —=1 =--- . i 11,99 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL -AID URBAN SYSTEMS PROJECT City: Iowa City County: Johnson Project No.: M-4055(1)--81-52 Iowa Department of Transportation Agreement No.: 85-F-076 Sections 306A.7 and 307A.4, 1983 Code of Iowa as amended, provide for Iowa cities and the Iowa Department of Transportation (STATE) to enter into agree- ments with each other respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled -access facilities or other public ways in their respective jurisdictions and to cooperate with the Federal government in the expenditure of Federal funds allotted or appropriated by the Federal government for the improvements of streets and highways in Iowa. The Congress of the United States has provided for the establishment of the Federal -aid Urban System (FAUS) and has made funds available through the Federal Highway Administration (FHWA) for improvements to the FAUS. Federal regulations provide that the FAUS funds are to be administered by the STATE. FAUS funds are available to the cities subject to the limitations and stipu- lations stated in Rule 820--[06,Q] Chapter 10, Iowa Administrative Code, established by the STATE to effectively administer the FAUS program in Iowa. Authorized and approved costs of an improvement to the FAUS are eligible for reimbursement of up to seventy-five percent (75%), except that costs related to traffic signal improvements are eligible for reimbursement of up to one hundred percent (100%) with FAUS funds. Local funds are to be used for the portion of the costs of the improvements not reimbursed by FAUS funds. The city of Iowa City (CITY) proposes to improve FAUS route No. 4055 on Dubuque Street from Iowa Avenue northerly 0.70 mile to Park Road for widening to a 45 ft. back of curb to back of curb pavement which will provide for four 11 ft. traffic lanes. The CITY and STATE agree as follows: 1. The CITY shall receive reimbursement from FAUS funds for authorized and approved paving, grading, storm sewers, sidewalk, walls and other incidental work. The attached Exhibit 1 is a part of this Agreement. The CITY shall continue to prohibit "on -street" parking. ZZ IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 85-F-076 as of the date shown opposite its signature below. City of Iowa City By L4 X &'442 October 22 19 85 Tit Mayor, John McDonald I, Marian K. Karr certify that I am the Clerk of the CITY, and that John McDonald , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 22 day of October 19 85 . Signed Yhn,;„,, -A, City Clerk of Iowa City, Iowa Date October 22, , 19 85 IOWA DEPARTMENT OF TDANSPORTATION Hig w ivisi �— ' B — gwell E. Richar son Director Office of Local Systems Z':?ie:vcd By The Lec:.i Lap:;r4m of l09/ Revised 6-28-85 EXHIBIT Standard Provisions for FAUS, BROS, and IX City Project Agreements 1. Since this project is to be financed with local and federal funds, the CITY shall take the necessary actions to comply with applicable State and Federal laws and regulations. No person in the United States shall, on :he grounds of race, sex, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient receives Federal assistance from the Department of Transportation, including the Federal Highway Adminis- tration. 2. The CITY shall take the appropriate actions and prepare the necessary docunants to fulfill the requirements of the STATE Action Plan for project environmental studies and Federal Highway Administration (FHI.A) location/design approval. 3. The STATE will obtain the Iowa Intergovernmental Review (IIR) clearance state- ment from the State Office for Planning and Procrarming (OPP), when necessary. The STATE will notify the CITY when the project requires a project clearance statement from the Areawide Clearinghouse. The CITY shall then obtain and submit to the STATE the necessary clearance statement. 4. The CITY shall obtain agreements as needed from railroad and utility companies and shall obtain project approvals from the Iowa Department of Water, Air, and Waste Management, State Conservation Commission, U.S. Coast Guard, and U.S. Corps of Engineers. 5. The CITY shall prepare the construction plans, specifications, and estimates (PSBE). The design shall conform to Design Standards for Federal -aid projects as set forth in volume 6, Chapter 2, Section 1, Subsection 1 of the Federal -aid Highway Program Manual (FHPM). 6. The project shall be constructed under the STATE Standard Specifications and applicable special provisions. Prior to their use in the PSBE, specifications developed by the CITY for individual construction items shall be approved by the STATE and FHWA. 7. The CITY shall acquire the project right-of-way in accordance with Title III of the Uniform Relocation Assistance and Real Property Acquisitions Poliry Act of 1970 and applicable State laws. The CITY shall provide relocation assistance benefits in accordance with Title 11 of said 1970 Act and applicable State laws. The CITY shall contact the STATE for assistance as needed to assure compliance with applicable laws which are summarized in the State guideline booklet entitled "Right -of -Way Acquisition Guidelines for Political Subdi- visions of Iowa Concerned with Federal -aid Funding for Roads and Streets". B. The CITY shall forward the Federal -aid Project Development Certification and final PSdE to the STATE. Subject to the availability of funds, the STATE will submit these documents to FHWA for approval to advertise for bids. 9. The CITY shall comply with the public hearing requirements of Chapter 384.102, Code of Iowa, and shall certify adherence to those requirements. This certi- fication shall be submitted to the STATE prior to STATE and FHWA concurrence to award the contract. 10. Upon receipt of FHWA authorization, the project will be let by the STATE in accordance with normal project letting procedures. After bids are received and opened, the STATE will furnish the CITY with a tabulation of all bid proposals. The CITY, by Council Resolution, shall act on the bids received and shall furnish the STATE with a copy of the Resolution. 11. The STATE will review the bid tabulations and proposals, and will p-epare an Iowa DOT Staff Action for concurrence to award the contract. The STATE will mail the unexecuted contract to the approved low bidder. 12. The STATE will forward the necessary bid documents to the FHWA to secure concurrence to award the contract. After receipt of FHWA concurrence, the STATE will notify the CITY. The CITY shall enter into a contract with the contractor and secure his performance bond and certificate of insurance. -2- 13. The CITY shall forward to the STATE three (3) copies of the contract, perfor- mance bond, and certificate of insurance. The STATE will prepare the Feder- al -aid Project Agreement, and submit it for FHWA approval and obligation of Federal -aid funds. 14. The CITY shall comply with the procedures and responsibilities for materials testing and construction inspection set forth in Department of Transportation Rule 820-[06,Q] Chapter 10, Section 10.5(6)(e), IAC. The STATE will bill the CITY for testing services according to its normal policy. 15. The CITY shall comply with the procedures and responsibilities for contract payments set forth in Rule [06,Q] Chapter 10, Section 10.5(6)(f), IAL. 16. The CITY shall effect whatever steps may be required to legally establish the grade lines of the street facilities constructed under said project, znd shall pay or cause to be paid all damages resulting therefrom, all in accordance with the provisions of Section 364.15, Code of Iowa. 11. The CITY shall effectuate all relocations, alterations, adjustments, or re- movals of utility facilities, including power, telephone and telegraph lines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals. and other facilities which are located within the limits of an established street or alley and which will interfere with construction of the project. Certain utility relocation, alteration, adjust- ment, or removal costs to the CITY for the project may be eligible for Federal -aid reimbursement in accordance with the FHWA policy applicable to the type of utility involved. 18. The CITY shall take all necessary legal action to discontinue current use and prohibit future use of the project right-of-way for business purposes, and shall prevent any future encroachments or obstructions within the limits of the project right-of-way. The CITY shall also cause removal of private signs and other obstructions within the project right-of-way, and signs and other ob- structions erected on private property which obstruct the view of the public street in conformance with the requiremen;.s of Sections 319.10 and 319.12, Code of Iowa. 19. The CITY shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The CITY shall also make such material available at all reasonable times during the construction period and for three years from the date of final Federal reim- bursement, for inspection by the STATE, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the CITY, if requested. 20. The CITY shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the FHWA and STATE. 21. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways." 22. Implementation of Clean Air Act and Federal Water Pollution Control Act (Appli- cable to Contracts and Subcontracts which exceed $100,000): a. The CITY stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection. Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The CITY agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regu- lations and guidelines issued thereunder. c. The CITY stipulates as a condition of Federal -aid pursuant to this agreement, the CITY shall notify the STATE of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this agreement is under consideration to be listed on the EPA List of Violating Facilities. The STATE will forward the notification received from the CITY to the Federal Highway Administration. 6113 RESOLUTION N0. 8S-315 RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF AGREEMENT FOR HUD/SBA TECHNICAL ASSISTANCE FOR LOCAL ECONOMIC DEVELOPMENT. WHEREAS, The City of Iowa City is committed to encouraging economic development that will promote the welfare of its citizens by diversifying employment opportunities and expanding the non-residential tax base, and, WHEREAS, on March 29, 1985, the City of Iowa City submitted an application to receive technical assistance invblving economic development under the Interagency Agreement between the Department of Housing and Urban Development and the Small Business Admini- stration, and WHEREAS, in July 1985, the City of Iowa City's application for technical assistance for the Clear Creek Research Park project was selected for funding, and WHEREAS, the Match Institution of Washington, D.C., is under contract to the Department of Housing and Urban Development and the Small Business Administration to coordinate and deliver assistance to communities under this Interagency Agreement, and, WHEREAS, the Clear Creek Development Company has agreed to provide half of the matching funds necessary to receive this technical assistance in accordance with the preliminary Technical Assistance Work Plan. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and the City Clerk are authorized and directed to execute on behalf of the City the attached Memorandum of Agreement with the Match Institution for HUD/SBA Technical Assistance for local economic devellopment. 2. That the adoption of this resolution does not constitute an acceptance of the Technical Assistance Work Plan and the City shall remain free to accept or reject or seek modifications in this work plan. It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon ro call there were: AYES X X X X X X X Passed and approved this 22nd NAYS: ABSENT: ATTEST: A. CITY CLERK Ambrisco Baker Dickson Erdahl -McDonald Strait Zuber of October , 1985. 3:elvc $ Approved Ay Trm' 4. MEMORANDUM OF AGREEMENT HUD/SBA TECHNICAL ASSISTANCE FOR LOCAL ECONOMIC DEVELOPMENT AND SMALL BUSINESS ASSISTANCE This Memorandum of Agreement is between Iowa City, Iowa (referred to in this Memorandum as the Community) and The MATCH Institution of Washington, D.C., (hereinafter referred to as MATCH), in behalf of a business or development expert (herein- after referred to as the Peer Expert). This Memorandum sets forth the obligations of the parties in the utilization of technical assistance services related to economic development and/or small business assistance. - This Memorandum contemplates MATCH providing a coordina- tive role to the Community in the direct provision of technical assistance by a jointly selected Peer Expert. Further, upon the completion of the technical assistance provided as part of this agreement and the Technical Assistance Work Plan, Iowa City , will provide to MATCH (in a form and format to be provided at a later date), an evaluation of the work performed and any other reports deemed necessary. MATCH and the Peer Expert are prepared to offer these ser- vices to the Community in accordance with a Technical Assistance Work -Plan predicated on materials provided by the Community, as part of the nomination process. The Technical Assistance Work Plan may be revised and modified with the concurrence of both parties. Compensation for said assistance shall be divided between n+L �CIL:H UN 1711 r1IO..N !S K two technical assistance providers. MATCH and the Peer Expert. MATCH shall receive compensation for the following costs if and when incurred: a, travel reimbursement and per diem where a MATCH on site coordinator is necessary during the delivery of the pro- posed Technical Assistance, and subject to the projected person days approved and provided in the Technical Assistance Work Plan; and b. after the Community's receipt of a final report on the technical assistance provided under MATCH's SBA/HUD Agreement, and subject to the Community's assessment that follow-up technical assistance is necessary, MATCH shall negotiate an agreement with the Community for com- pensation to include travel, per diem, and a negotiated person day rate to include a base rate plus general ad- ministrative overhead fee. The Peer expert shall receive compensation and reimbursement for the following services and cost: a. professional fees reflective of the marketplace for like services, and subject to the person day schedule in- cluded in the Technical Assistance Work Plan; and b. travel and per diem costs consistent with the level of effort outlined in the Technical Assistance Work Plan. Further, a separate Agreement shall be executed between the Community and the Peer Expert. However, said Agreement shall contain the following proviso; that payment for professional 3 services shall not be effectuated until the Communitv and MATCH concur on the completion of the Peer Expert's scope of work as outlined in the Peer Expert Agreement. This proviso should not affect reimbursement of out-of-pocket costs for travel and per diem incurred by the Peer Expert in compliance with the scope of work. This Memorandum of Agreement may be terminated at the discre- tion of either party upon two weeks notice to the other. Subject, however, to the compensation of all costs (including, but not limited to, person days, travel, and per diem) incurred to the date of said termination. Therefore, in consideration of the proposed cost sharing pro- visions contained herein, and subject to concurrence of both par- ties to a Technical Assistance Work Plan, the undersigned parties agree that this Memorandum reflects the full understanding and intent as to the Technical Assistance project to be pursued. The Community and MATCH shall indicate their concurrence by executing this Memorandum of Agreement and returning the original to: The MATCH Institution 2101 S Street, N.W. Washington, D.C. 20008 The parties have executed this Agreement on 23rd (day) Of October 1985. For)t e Community QJD�.cec.� For'The MATCH tit t Bv: By: Tit John McDonald, Mayor Title: 6 97 Approvaz Depar:ttxr Member Zuber introduced the following Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $3,795,000 PARKING SYSTEM REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS", and moved its adoption. Member Ambrisco seconded the motion to adopt. The roll was called and the vote was: AYES: McDonald, Strait, Zuber, Ambrisco, Baker. ABSENT: Dickson, Erdahl. NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 85-316 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $3,795,000 PARKING SYSTEM REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Parking Facilities System, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Revenue Bonds, subject to the following premises; and WHEREAS, said Issuer is in need of funds to pay costs of adjusting and refunding its existing Parking System Revenue Bonds dated December 1, 1978, of which $4,730,000 remains outstanding, and it is deemed necessary that the said City should include in its issue of Parking System Revenue Bonds an amount sufficient for said purpose; and WHEREAS, it is found and determined that the aforesaid refunding of present indebtedness is necessary and in the interest of the Issuer and will benefit the Owners and occupants of properties served by the Municipal Parking Facilities System by the adjustment of its present and anticipated obligations payable from Parking System revenues -2- ComaD.I* H , S".m 6 NWee Bryn,. Des nnoxin, bw �9� and by obtaining and thereby to effect the defeasance of the Parking System Revenue Bonds presently outstanding and to be refunded so as to avoid the necessity of performing under the provisions of Resolution No. 78-484 dated November 7, 1978, authorizing the issuance of the outstanding bonds and the substitution therefor of provisions deemed more advantageous and appropriate; and WHEREAS, the notice of intention of Issuer to take action for the issuance of $3,795,000 Parking System Revenue Bonds has heretofore been duly published and no objections to such proposed action have been filed: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (b) "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System; (c) "Clerk" shall mean the Clerk or such other officer of the successor governing body as shall be charged with substantially the same duties and responsibilities; (d) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder; (e) "System" shall mean the parking revenue system of the City including "off-street parking" as hereinafter described and "on -street parking" including parking meters located on and along the City's streets and all properties acquired or to be acquired from revenues of the system or made a part thereof by Council resolution. For purposes of this resolution and unless amended by the City Council, the system is presently made up and comprised of the following: Two (2) municipal parking garages, seven (7) permanent off-street parking lots, one (1) temporary off-street library parking lot and on -street meters totaling 2,710 spaces in all. -3- Nie". Cm Darla H , Sm 6 Aff a Ue Da Mone•. I provided, however, that the City may from time to time by resolution lend or lease to the parking system for temporary use additional lands or lots which may be available for temporary use as parking. Such temporary land or lots may be withdrawn from the system by Council resolution irrespective of the provisions of Section 17(f) of this resolution which provisions limit and restrict the manner of disposition of property comprising the system; (f) "Net revenues" shall mean gross earnings including rentals, lease payments, parking fees, overtime parking fees, and parking charges of any kind of the system after deduction of current expenses; "Current expenses" shall mean and include (1) for all off-street parking facilities the reasonable and necessary cost of operating, maintaining, repairing and insuring such facilities, salaries, wages, costs and materials and supplies; (2) for all on -street parking meters, the repair and replacement of parking meters, salaries and wages of meter maids, meter repair and collection personnel; (g) "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other con- secutive twelve month period adopted by the governing body or by law as the official accounting period of the System; (h) "Registrar" shall be the City Controller of Iowa City, Iowa or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a registrar of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds. (i) "Paying Agent" shall be the City Controller or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuers agent to provide for the payment of principal of and interest on the bonds as the same shall become due. (j) "Trustee" shall be Iowa State Bank s Trust Co. or its successor as may be approved pursuant to the "Refunding Trust Agreement" referred to herein between the Issuer and the Trustee for the purpose of insuring the payment of the Outstanding Bonds. (k) "Bonds" shall mean $3,795,000 Parking System Revenue Bonds, authorized to be issued by this Resolution; -4- AhkM Coma. � H " S 6 M ft ane", De Mona. b a 700 (1) "Parity Bonds" shall Bonds payable solely from the an equal basis with the Bonds issued; mean Parking System Revenue net revenues of the System on herein authorized to be (m) "Corporate Seal" shall mean the official seal of Issuer adopted by the governing body; (n) "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State; and (o) "Project Fund or Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Division V, Chapter 384; of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Bonds of Iowa City, in the County of Johnson, State of Iowa, Series 1985, each to be designated as "Parking System Revenue Bond", in the aggregate amount of $3,795,000 for the purpose of paying costs of the refunding of parking facilities revenue bonds presently issued and outstanding in the amount of $4,730,000, dated December 1, 1978, (the "Bonds to be Refunded"). Section 4. Source ofPayment. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future net revenues of the System. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said net revenues to be sufficient for the payment of the Bonds. Section 5. Bond Details. Parking System Revenue Bonds of the City in the amount of $3,795,000 shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The bonds shall be designated "PARKING SYSTEM REVENUE BOND", be dated November 1, 1985, and bear interest from the date thereof, until payment thereof, at the principal office of the Paying Agent, said interest.payable on July 1, 1986 and semiannually thereafter on the 1st day of January and July in each year until maturity at the rates hereinafter provided. -5- +wen Coo.".. Dm elea w"." Sn.N & A*e Len %D/ The bonds shall be executed by the facsimile signature of the Mayor and attested by the facsimile signature of'the City Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the bond. The bonds shall be each in the denomination of $5,000 or multiples thereof. Said bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount July lst 8.508 $ 60,000 1986 8.508 $ 100,000 1987 8.508 $ 105,000 1988 8.508 $ 110,000 1989 8.508 $ 120,000 1990 8.508 $ 140,000 1991 8.508 $ 150,000 1992 8.508 $ 165,000 1993 8.758 $ 180,000 1994 9.008 $ 195,000 1995 9.258 $ 220,000 1996 9.508 $ 235,000 1997 9.708 $ 260,000 1998 9.808 $ 290,000 1999 9.908 $ 320,000 2000 10.008 $ 350,000 2001 10.008 $ 380,000 2002 10.008 $ 415,000 2003 Section 6. Redemption. Bonds maturing after July 1, 1995, may be called for redemption by the Issuer and paid before maturity on said date or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of bonds to be called has been reached. S-0 MM COW¢ 00,."L C Hmy� 9mh 6 AM a L.Y. 0. Abiees, b �ld,2� Section 7. Registration of Bonds; AppOin oil —1--; uwuersnip; uetivery• and Cancellation. (a) Registration. The ownership of bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the principal office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, -7- AMM Cooney, D.kY H C S, b & Nibm lawyer, Ca MW w I/M and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any payment check representing payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to AWM [Darty. Dw.,dW Hq Sm & AW.M i..reo. De •bu.a. w 704 the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the registrar shall duly endorse and execute on such Bond a certificate of authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this resolution and that the holder thereof is entitled to the benefits of this resolution. AN&, Ca D� H � s & Mta U Da � w 7d5 Section 11. Form of Bond. Bonds shall be printed in substantial complianc' a with standards proposed by the American Standards Institute substantially in the form as follows: FIGURE 1 (Front) -10- A+ M wooer. DOrA*de. H K Smmth L NM, L ' , D Mo.n,, low 76 , (1) (2) (3) (4) (5) (9) (9A) (continued on the (10) back of this Bond) (11)(12)(13) (14) (15) FIGURE 1 (Front) -10- A+ M wooer. DOrA*de. H K Smmth L NM, L ' , D Mo.n,, low 76 , (10) (16) (17) (Continued) FIGURE 2 (Back) -11- M1m Ce .. Oome H y S & Mbe I� D � b The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "PARKING SYSTEM REVENUE BOND" "SERIES 1985" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: November 1, 1985 Item 5, figure 1 = Cusip { Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the principal office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on July 1, 1986, and semiannually thereafter on the 1st day of January and July in each year. Interest shall be paid to the registered holder of the bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This bond is issued pursuant to the provisions of Section 384.83 of the City Code of Iowa, for the purpose of paying costs of the refunding of parking facilities revenue bonds presently issued and outstanding, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after July 1, 1995, may be called for redemption by the Issuer and paid before maturity on said date -12- Mem, Co Donk t K " Sr. & AlbM Ui . Cq M"Ylty b or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the bond. The terms of redemption shall be par, plus accrued interest to date of call. Ownership of this bond may be transferred only by.tr.ansfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this bond at the principal office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, give 60 days' notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the bond resolution. This Bond and the series of which it forms a part, other bonds ranking on a parity therewith, and any additional bonds which may be hereafter issued and outstanding from time to time on a parity with said Bonds, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the net revenues of the Municipal Parking Facilities System (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law. -13- Mm Cooney Oorwv a Naf+r Snith 6 Alibm Uwie D Moms b 7") 9 IN TESTIMONY WHEREOF, said City by its City Council has caused this bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and authenticated by the manual signature of the Registrar, the City Controller of Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the bonds described in the within mentioned resolution, as registered by the City Controller. City Controller By Registrar Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] City of Iowa City, Iowa By: Mayor's facsimile signature Mayor Attest: City Clerk's facsimile signature City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this bond is a part. (facsimile signature) City Clerk (Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] (Information Required for Registration] -14- / /0 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Exchanges having signatures on file with transfer agents or by a commercial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferees Social Security or Tax Identification Number Transferee(s) Transferee is a(n): Individual* Partnership of Corporation Trust *If the bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. -15- AHm Cm , Dvw H� S th a Aubert lawyers. Des , Iww The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT ...........Custodian.. ... . (Cust) (Minor) under Uniform Gifts to Minors Act .......................... (State) Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving 60 days' written notice to each registered bondholder. Section 13. Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale or delivery; and the revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Application of Bond Proceeds. Iowa State Bank & Trust Co. ("the Trustee") is hereby appointed Trustee and fiscal agent for the City for the purpose of insuring payment of the outstanding Bonds to be Refunded. $3,655,485 of the proceeds derived from the sale of the bonds herein authorized and cash from the existing Parking System Revenue Bond Sinking Fund in the amount deemed necessary by the Treasurer shall be placed in trust for the Trustee, as Trustee under the Refunding Trust Agreement, dated as of November 1, 1985, which Trustee shall (1) hold such proceeds in a special and irrevocable trust fund, (2) invest such proceeds only in cash or direct obligations of the United States, and (3) apply such proceeds and earnings thereon only in accordance with the terms and conditions of said Refunding Trust Agreement in such manner that the amounts deposited will be sufficient, without the need for any further investment or reinvestment, to retire all of the outstanding Bonds to be refunded on or prior to maturity and to pay interest thereon as it comes due. All the terms and conditions of the Refunding Trust Agreement are hereby incorporated by reference in this resolution as if set forth herein in full. Said Refunding Trust Agreement is hereby approved and confirmed as binding upon the City, and the Mayor is hereby authorized to execute the same on behalf of the City. -16- MM Cn ,, Do K HWn Smrth a AW e Lm", Dn hm+n Ian 7i,. All other moneys held in funds required to be accumulated under the resolution authorizing the Bonds to be Refunded shall be transferred to the parallel fund provided in Section 16 of this Resolution. Section 15. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. So long as the Bonds are outstanding and unpaid the rates or charges to consumers of services of the System shall be sufficient in each year for the payment of the proper and reasonable expenses of operation and maintenance of the System and for the payment of principal and interest on the Bonds and Parity Bonds as the same fall due, and to provide for the creation of reserves as hereinafter provided. In the event the Issuer or any department, agency or instrumentality thereof in any way uses or is served by the System, the rates or charges provided for shall be paid by the Issuer from its Corporate Fund, or by such department, agency or instrumentality thereof. Any revenues so collected by the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 16. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Parking System Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: (a) Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make deposits into a separate and special fund to pay current expenses. The fund shall be known as the Parking System Revenue Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the extent necessary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. -17- ,wm Com„ oo...e* Kw a 5.m & Abm i,»m,, 0� � i. (b) Sinking Fund. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay principal of and interest on the Bonds and Parity Bonds. The fund shall be known as the Parking System Revenue Bond and Interest Sinking Fund (the "Sinking Fund"). The minimum amount to be deposited in the Sinking Fund in any month shall be an amount equal to 1/6th of the installment of interest coming due on the next interest payment date on the then outstanding Bonds and Parity Bonds plus 1/12th of the installment of principal coming due on such Bonds on the next succeeding principal payment date until the full amount of such installment is on hand. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Bonds and Parity Bonds as the same shall become due and payable. (c) Reserve Fund. Money in the Revenue Fund shall next be disbursed to maintain a debt service reserve in an amount equal to at least the lesser of 1) the maximum amount of principal and interest coming due on the Bonds and Parity Bonds in any succeeding fiscal year; or 2) fifteen percent of the original principal amount of Bonds outstanding at any time. Such fund shall be known as the Parking System Revenue Debt Service Reserve Fund (the "Reserve Fund"). In each month there shall be deposited in the Reserve Fund an amount equal to 25% of the amount required by this Resolution to be deposited in such month in the Sinking Fund; provided, however, that when the amount on deposit in the Reserve Fund shall be not less than the minimum required above, no further deposits need be made into the Reserve Fund except to maintain said fund at such level. Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Bonds and Parity Bonds for the payment of which insufficient money shall be available in the Sinking Fund. Whenever it shall become necessary to so use money in the Reserve Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (d) Improvement Fund. Money in the Revenue Fund shall next be disbursed to maintain a fund to be known as the Parking System Improvement Fund (the "Improvement Fund"). The minimum amount to be deposited in the Improvement Fund each month shall be $5,000.00; provided, however, that when the amount of said deposits in said fund shall equal or exceed $300,000, no further monthly deposits need be made into the Improvement Fund except to maintain it at such level. Money in the Improvement Fund AHM, Ca .. Dax 1K FWn Smith 6 AI@ee Uw . Da Marcs bw 71� not otherwise specially limited by other provisions of this resolution shall be used solely for the purpose of paying principal of or interest on the Bonds or Parity Bonds when there shall be insufficient money in the Sinking Fund and the Reserve Fund; and to the extent not required for the foregoing, to pay the cost of extraordinary maintenance expenses or repairs, renewals and replacements not included in the annual budget of revenues and current expenses, payment of rentals on any part of the System or payments due for any property purchased as a part of the System, and for capital improvements to the System. Whenever it shall become necessary to so use money in the Improvement Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (e) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Bonds and Parity Bonds, and which have been issued for the purposes of extensions and improvements to the System or to retire the Bonds or Parity Bonds in advance of maturity, or to pay for extraordinary repairs or replacements to the System. (f) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Bonds or parity bonds any of them, or for any lawful purpose. Money in the Surplus Account may next be used to pay principal and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Bonds and parity bonds, and which have been issued for the purposes of extensions and improvements to the System. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. -19- AN. Cm oa..&n H n sorb a M b,n uw.en D �. w.. %i5 Moneys on hand in the Project Fund and all of the funds provided by this Section except the Operation and Maintenance Fund may be invested only in direct obligations of the United States Government or deposited in lawful depositories so long as such deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and all such deposits exceeding the maximum amount insured from time,to time by FDIC or FSLIC or its equivalent successor in any one depository shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided but in no event maturing in more than five years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System. Such investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) Operation of the System. Issuer hereby covenants and agrees with the holder or holders of the bonds herein authorized to be issued, or any of them, that it will faithfully and punctually perform all duties with reference to said public motor vehicle parking facilities system required by the Constitution and laws of the State of Iowa, and this resolution, including the making and collecting of reasonable and sufficient rates or services afforded thereby, and will segregate the revenues and make application thereof into the respective funds, as provided by this resolution. Issuer further covenants and agrees with the holders of said bonds to maintain in good condition and continuously and efficiently operate said facilities and meters comprising the System. -20- MM C...w,, 0.11,Aa Hry Sm h & MbM LX�M Po nbmc. is o /`� / / 4C Issuer further covenants and agrees that, except as hereinafter otherwise provided, so long as any of the bonds authorized to be issued under the terms of this Resolution or bonds ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or in any manner dispose of or encumber public motor vehicle parking facilities comprising the System until all of said bonds have been paid in full as to both principal and interest or unless and until full and sufficient provision shall have been made for the payment thereof. However, the right is reserved to the City to dispose of any property constituting a part of the System as provided in Section 17(f). Nothing contained in this Resolution shall be construed to prevent the City from leasing to others or contracting with others for the operation of any of the facilities constituting a part of the System to the extent permitted by law, provided the net revenues derived from any such leases or contracts, in combination with all other net revenues of the System, are found by the City Council to be not less than those required to be paid unto the Funds as herein provided. Nothing contained in this Resolution shall be construed to prevent the City from disposing by lease, sale or as may be permitted by law, of the air rights (and reasonable access rights) above any of the off-street parking facilities constituting a part of the System or of other portions thereof not useful or intended for the parking of vehicles, provided that the revenues from any such lease shall be treated as a part of the income and revenues of the System and shall be used and applied as provided in this Resolution, but no such contract or lease may result in a reduction of the aggregate net revenues of the System below the amounts necessary to be paid into the Funds as herein provided. While the bonds authorized hereunder, or any of them, remain outstanding and unpaid no free service shall be afforded by said parking facilities, provided, that the City Council may, by resolution, authorize the use of a designated portion of the parking facilities without charge, when: (1) the Council has first affirmatively determined that such use will not cause the aggregate net revenues then to be derived from the balance of the system to be less than 1258 of the amounts required to be paid into the Sinking Funds during the then next succeeding fiscal year, and (2) if the facilities to be operated without charge produced over 15% of the gross revenues of the entire system in the then last preceding fiscal year, the finding by the City Council must be predicated upon and supported by a certificate executed by a nationally recognized parking facilities consultant employed for the -21- AMm Co .. D ...il [ Hry-e. Smith 8 . bm lawyers Des Manes. b . /i7 purpose of examining the books and records pertinent to the system and of certifying to the amount of revenues which will be derived from the balance of the system. Any of the off-street parking facilities may be withdrawn from use at any time for the purpose of erecting multiple level parking structures, garages or other parking facilities thereon which are to be incorporated in and made a part of the system of the City, but no such facilities may be so withdrawn unless the City Council affirmatively finds that the net revenues to be derived from the operation of the remainder of the System, together with interest during the construction of the additional structure, will be no less than those required to be paid into the Funds herein provided during the period of construction. The City agrees that it will take no action in relation to its parking System which would unfavorably affect the security of the bonds herein authorized or bonds ranking on a parity therewith or the prompt payment of the principal thereof and interest thereon, but nothing in this Resolution contained shall be construed to prohibit appropriate changes in the location of on -street parking meters made necessary by street widening, alterations or closings, nor prohibit substitution or changes in the location of on -street parking meters in order to provide essential and necessary traffic regulation and control. (b) Rates. That on or before the beginning of each fiscal year the governing body will adopt or continue in effect rates for all services rendered by the System sufficient to produce net revenue for the next succeeding fiscal year sufficient to meet the requirements of the several funds as provided in this Resolution. For purposes of the last clause of the next preceding sentence "net revenues" shall be those for the next succeeding fiscal year as determined from the budget for such year as required herein, and for purposes of such determination the budgeted total revenues may be increased by the amount, if any, by which deposits into the Sinking Fund during the current fiscal year shall have exceeded the requirement of this Resolution. (c) Insurance. That the Issuer shall maintain insurance for the benefit of the bondholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Parking System Improvement Fund. -22- ANM [oorKy. Dom jm 1Uy Smith b Mlbm lawµ s. Da'ntircs. Iww 718' (d) Accounting and Audits. That the Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited annually not later than 90 days after the end of each fiscal year by an independent auditor and will file copies of the audit report with the original Purchaser and will make generally available to the holders of any of the Bonds and Parity Bonds, the balance sheet and the operating statement of the System as certified by such auditor. The original Purchaser and holders of any of the Bonds and Parity Bonds shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the original Purchaser or the holder or holders of 258 of the outstanding Bonds and Parity Bonds may cause such audits and reports to be prepared at the expense of the Issuer. The audit reports required by this Section shall include, but not be limited to, the following information; (i) An evaluation of the manner in which the Issuer has complied with the covenants of this Resolution, including particularly the rate covenants included herein; (ii) A statement of net revenues and current expenses; (iii) Analyses of each fund and account created hereunder, including deposits, withdrawals and beginning and ending balances; (iv) A balance sheet; (v) The rates in effect at the end of the fiscal year, and the number of customers of the System; (vi) A schedule of insurance policies and fidelity bonds in force at the end of the fiscal year, showing with respect to each policy and bond the nature of the risks covered, the limits of liability, the name of the insurer, and the expiration date; (vii) An evaluation of the Issuer's system of internal financial controls and the sufficiency of fidelity bond and insurance coverage in force; -23- AMM Covey, D Ift Hry C Sth & M%m L s Des Agnes, b 719 (viii) The names and titles of the principal officers of the Issuer; and (ix) A general statement covering any events or circumstances which might affect the financial status of the System. In the event the audit provided for in this Section is prepared by the State Auditor the governing body will cause to be prepared a certified supplemental report containing the information required by this Section. (e) State Laws. That the Issuer will faithfully and Punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. That the Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof,.including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Bonds and Parity Bonds shall have been provided for in the manner provided in this Resolution. Provided, however, this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its governing body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a Revolving Fund to be used in preference to other sources for capital improvements to the System as provided with respect to the Improvement Fund, except that no such proceeds shall be used to pay principal or interest on the Bonds and Parity Bonds or payments into the Sinking or Reserve Funds. Any such payments made into the Improvement Fund shall be in addition to the regular monthly payments and the Fund balance provided for in Section 16(d) of this Resolution. (g) Fidelity Bond. That the Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. -24- Mden. Copry, OomiikG M+N4' Smd 6 Allb_' larryers. Da AbirreS, 1w 7a� (h) Additional Charges. That the Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. That the governing body of the Issuer will adopt a system budget of revenues and current expenses on or before the end of each fiscal year for the ensuing fiscal year, and will file copies of such budgets, and any amendments thereto, with the Original Purchaser and any bondholder requesting the same. Such budget shall take into account revenues and current expenses during the current and last preceding fiscal years. The Issuer will incur no current expense not included in such budget, and will not permit total current expenses to exceed the budget, unless the governing body shall first have adopted a Resolution declaring the necessity of such expenses. Copies of such budget and approvals of expenditures in excess of the budget shall be mailed to the Original Purchaser and to the bondholders upon request. (j) Consultant Review. The City hereby covenants and agrees as long as any bonds hereby authorized are outstanding to regularly retain from time to time and at least once every four (4) years, the service of some engineer or firm of engineers of specialized reputation in the management and operation of motor vehicle parking facilities sometimes referred to in this resolution as the "Consulting Engineer", for the purpose of consultation and cooperation in connection with the operation and maintenance of its parking System facilities system and the establishment as well as any revision of the schedule of charges for the service and facilities to be thereby afforded. Such report shall be promptly forwarded to the original purchaser of the bonds. Section 18. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 19. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Bonds or Parity Bonds. -25- AWm Come% Do W, K+m Smith 6 Mlbm U+ m Des Mans. 10— Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such additional Bonds to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any Bonds or Parity Bonds outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an independent certified public accountant, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the net revenues of the System for the preceding fiscal year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum amount that will be required in any fiscal year prior to the longest maturity of any of the then outstanding Bonds for both principal of and interest on all Bonds then outstanding which are payable from the net earnings of the System and the Bonds then proposed to be issued. For the purpose of determining the net revenues of the System for the preceding fiscal year as aforesaid, the amount of the gross revenues for such year may be adjusted by an independent Consulting Engineer or by a Certified Public Accountant not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such additional Bonds been in effect during all of such preceding fiscal year. (ii) the additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. -26- Mm Cooney, Dor vLrt Hryr Sm� 6 MBeG L M Des Movies, low baa (iii) for the purposes of this Section, prin- cipal and interest falling due on the first day of a fiscal year shall be deemed a requirement of the imme- diately preceding fiscal year. Section 20. Disposition of Bond Proceeds Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage Bonds within the meaning of Section 103(c)(2) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage Bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the Bonds to certify as to the reasonable expectation of the Issuer at that date. Any funds received from the Trustee for use of the City Comptroller, as Paying Agent, to pay principal and interest on the bonds to be refunded shall be held in cash or non-interest bearing demand deposits separate from all other City moneys or accounts. The Issuer covenants that it will treat as restricted yield investments the funds following: (a) Any amounts in the Sinking Fund in excess of 13/12ths of the total of annual principal and interest requirements. (b) Any amount on hand in the Reserve Fund in excess of fifteen percent of the original principal amount of the outstanding bonds and parity bonds. (c) Any amount on hand in the Improvement Fund to the extent that it has been held for a period greater than three years. "Restricted yield investments" are funds or investments which the Issuer covenants not to invest at a yield materially higher than the yield on the bonds as defined in the regulations issued under authority of Section 103(c) of the Internal Revenue Code of the United States. If any investments -27- A M Coa.M'. Dawdn Nq WAth 6 AW a IJw' , Dn M I are held with respect to the bonds and parity bonds, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment Yield restriction provided in this resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the bonds to be classed as arbitrage bonds under Section 103(c) of the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the bonds for the purpose set forth in this resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Bonds not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 103(b) of the Internal Revenue Code of the United States, related statutes and regulations. Section 21. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. 9'O Ndm. Co .. D.,, dm Hayrk Smits b Nlbee, 4wSen, Dn Herres. Iwq �a� Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 22. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds and Parity Bonds, and after the issuance of any of the Bonds no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Bonds and Parity Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 23. Modification of Resolution. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in Principal amount of the Bonds and Parity Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Bonds and Parity Bonds then outstanding; and (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be published one time in a newspaper having general circulation in the State of Iowa, or a financial newspaper or journal published in New York, New York. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the Clerk. -29- Alden, Cw .. Dw%de Hage. Smith b MEee la� De. iuwra. b 7CIF5 Whenever at any time within one year from the date of the publication of said notice there shall be filed with the Clerkan instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds and Parity Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. Section 24. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforce- ability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 25. Repeal of Conflicting ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the -30- w«.. Gewarowe in H w s ♦ Mee I,. . Des 7�� provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Adopted and approved this 4th day of November 1985. ATTEST: -31- MkM Co .. Da.Ift, K� 5md & ,Ube, �, Des AW nes. b 7� 7 Council Member Zuber introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Ambrisco seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Strait, Zuber, Ambrisco, Baker, McDonald ABSENT : Dickson. Erdahl. NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: 85-317 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of construction, reconstruction or repair of street improvements, sidewalks, alley pavement, sanitary sewers, storm sewers, culverts and facilities for the collection and disposal of surface waters and streams and bridges; construction of sanitary sewage pumping facilities; opening and extending of streets; improvement to the municipal waterworks by the construction of water storage facilities; and extending and improving the established municipal airport; and the acquisition of land needed for the foregoing purposes, an essential corporate purpose, and it is deemed necessary and advisable that general obligation bonds in the amount of $4,700,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said bonds, and the Council is therefore now authorized to proceed with the issuance of said bonds; and -2- ANNE. Co , D.Je, WY.. Such b A bm max". D Mures. b M WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (b) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder; (c) "Bonds" shall mean $4,700,000 General Obligation Bonds, authorized to be issued by this Resolution; (d) "Registrar" shall be the City Controller of Iowa City, Iowa or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a registrar of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds. (e) "Paying Agent" shall be the City Controller or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuers agent to provide for the payment of principal of and interest on the bonds as the same shall become due. Section 2. L Funds to be Used. ification of Annual Tax; Other (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to -wit: -3- Ahem. Crory. , OoroeN [ R"e, bath G M bm IAryem. Des Abv¢s. bw+ 9 AMOUNT $945,863.00 $755,825.00 $753,825.00 $722,950.00 $690,650.00 $656,925.00 $622,250.00 $586,625.00 $550,050.00 $512,525.00 (NOTE: For example against the taxable collected during the FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: 1986/1987 1987/1988 1988/1989 1989/1990 1990/1991 1991/1992 1992/1993 1993/1994 1994/1995 1995/1996 the levy to be made and certified valuations of January 1, 1985, will be fiscal year commencing July 1, 1986). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Jackson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 1 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City FundAvailable. Principal and interest coming due at anytimse when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1985 No. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. -4- ,wen Cooper. oo Lc H vn S.�s Mbm U» . o � w �U6 Section 4. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct obligations of the United States Government or deposited in banks which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one bank shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 5. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $4,700,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose. The bonds shall be designated "GENERAL OBLIGATION BOND", be dated November 1, 1985, and bear interest from the date thereof, until pay- ment thereof, at the principal office of the Paying Agent, said interest payable on May 1, 1986, and semiannually thereafter on the lst day of November and May in each year until maturity at the rates hereinafter provided. The bonds shall be executed by the facsimile signature of the Mayor and attested by the facsimile signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the bond. The bonds shall be each in the denomination of $5,000 or multiples thereof. Said bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount May 1st 5.508 $450,000 1987 6.00% $450,000 1988 6.508 $475,000 1989 6.808 $475,000 1990 7.108 $475,000 1991 7.308 $475,000 1992 7.50% $475,000 1993 7.70% $475,000 1994 7.908 $475,000 1995 7.908 $475,000 1996 -5- Mm Caa.ry. D.w k KM imAl 8 AMM Ua —. Da Mon'i Ian / u l (b). Redemption. Bonds maturing after June 1, 1993, may be called for redemption by the Issuer and paid before maturity on said date or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of bonds to be called has been reached. Section 6. Registration of Bonds; Appointment of istrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the principal office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any M M Coa . D..&% Hey.e SmI 6 Abe Ua .. D Moog, b 13� such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any payment check representing payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue -7- AMM Comet', WMaia Hry Sfr i & AUbea tawters. Des Mann. b 793 for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 7. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 8. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the bond to the Paying Agent. Section 9. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the registrar shall duly endorse and execute on such Bond a certificate of authentication substantially in the form of the Certificate herein set forth. Such Certificate W -M Alden. Caamry, D..wlm H y Smith 6 MZft I,w,M3. Des Mama Iva 73 �, upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this resolution and that the holder thereof is entitled to the benefits of this resolution. Section 10. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: ( 6 ) (7) (6) (B) (1) (2) (3) (9) (4) (5) (9A) (continued on the (10) back of this Bond) (11)(12)(13) (14) i 1 (15) FIGURE 1 (Front) Nies. Camey, Don eds HW S.m a NlbM UWMM 0n 79.5 (10) (16) (17) (Continued) FIGURE 2 (Back) -10- Attem Comey. DorweJ Itry Sn 6 Mbm lavyers, as nbina. I The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND," "ESSENTIAL CORPORATE PURPOSE." Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: November 1, 1985 Item 5, figure 1 = Cusip # Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the principal office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on May 1, 1986, and semiannually thereafter on the lst day of November and May in each year. Interest shall be paid to the registered holder of the bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This bond is issued pursuant to the provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of construction, reconstruction or repair of street improvements, sidewalks, alley pavement, sanitary sewers, storm sewers, culverts and facilities for the collection and disposal of surface waters and streams and bridges; construction of sanitary sewage pumping facilities; opening and extending of streets; improvement to the municipal waterworks by the -11- MM C" , D. we H+ S d6 6 Mbft U» Da ivav+a b.a construction of water storage facilities; and extending and improving the established municipal airport; and the acquisition of land needed for the foregoing purposes, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after June 1, 1993, may be called for redemption by the Issuer and paid before maturity on said date or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption to the registered owner of the bond. The terms of redemption shall be par, plus accrued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. ownership of this bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this bond at the principal office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the -Registrar and Paying Agent but shall, however, give 60 days' notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the bond resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this bond, does not exceed the constitutional or statutory limitations. -12- Amm Cr: o wi,... 9„ s Abm i."m Da Iowa 75 IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an officer of the Registrar, the City Controllerof Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the bonds described in the within mentioned resolution, as registered by the City Controller. City Controller By Registrar Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller Item 14, figure 1 = (Seal) Item 15, figure 1 = (Signature Block) City of Iowa City, Iowa By: ( facsimile signature ) Mayor Attest: ( facsimile signature ) City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this bond is a part. (facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = (Assignment Block] [Information Required for Registration] -13- Mlm. Cooney. Donve to wr+a Sm d, 6 Mbm Irwya3 Da Marcs, bwa ASSIGNMENT For value received, the and transfers unto Identification No. hereby irrevocably attorney in fact to for registration of substitution in the Dated undersigned hereby sells, assigns (Social Security or Tax the within Bond and does constitute and appoint transfer the said Bond on the books kept the within Bond, with full power of premises. (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Exchanges having signatures on file with transfer agents or by a commercial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s Social Security or Tax Identification Number Transferee(s) Transferee is a(n): Individual* Partnership of Corporation Trust *If the bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. -14- Num. Cow , Do , HW Smith 6 Nlbm Uwe Da hbircf. Iwa 7�10 The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - .. .Custodian.. (Cust)� (Minor). under Uniform Gifts to Minors Act....... .. .......... (State) Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving 60 days' written notice to each registered bondholder. Section 12. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the bonds. Section 13. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage Bonds within the meaning of Section 103(c)(2) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage Bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the Bonds to certify as to the reasonable expectation of the Issuer at that date. The Issuer covenants that it will treat as restricted yield investments any funds in the Bond Fund for payment of the Bonds in excess of 13/12ths of the annual principal and interest requirements of the then current year. "Restricted yield investments" are funds or investments which the Issuer covenants not to invest at a yield materially higher than the yield on,the bonds as defined in the -15- Awa.. C v, ow»d« H, . s,+m s Albm U . Da M� w regulations issued under authority of Section 103(c) of the Internal Revenue Code of the United States. The Issuer covenants that it will exceed any investment yield restriction provided in this resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the bonds to be classed as arbitrage bonds under Section 103(c) of the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the bonds for the purpose set forth in this resolution. Section 14. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 15. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 4th day of November , 1985. ayor ATTEST: A"' ) C1 rk -16- AMM Coaey, 0..d x Hry S th 6 A%M lawyer. De Mdno, b / �� RESOLUTION NO. 85-318 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE IOWA ENERGY POLICY COUNCIL FOR AN ENERGY MANAGEMENT PROGRAM MATCHING GRANT. WHEREAS, the City of Iowa City continues to realize significant financial benefits through its efforts to conserve energy in all City operations, and WHEREAS, the City received a refund of $67,018.06 in 1984 from Iowa -Illinois Gas & Electric Company resulting from prior overcharges associated with rate increase requests, and WHEREAS, the City Council has previously committed these funds to be use for energy conservation efforts in City government operations, and WHEREAS, the City has negotiated an agreement with the Iowa Energy Policy Council whereby the City will receive matching funds in the amount of $94,590 for various energy conservation projects to be undertaken, which agreement is attached hereto and made a part hereof; and WHEREAS, it is in the interest of the City to participate in this grant program which will result in the conservation of energy resources and significant energy cost savings for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the agreement with the Iowa Energy Policy Council regarding the Energy Management Program Matching Grant be and the same is hereby approved as to form and content. AND BE IT FURTHR RESOLVED that the City Manager is hereby authorized to enter into an agreement with the Iowa Energy Policy Council for an Energy Conserva- tion Matching Grant in the amount of $94,590. It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call t ere were: AYES: NAYS: Passed and approved this 4th day ATTEST: 2u� . � CITY CLERK ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER 1985. 77� IOWA ENERGY POLICY COUNCIL Contractor: City of Iowa City Contractor Officer: Neil Berlin Contract Number: 86-6400-23 Contract Amount: $94,590 Contract Title: The Demonstration of Iowa City's Energy Management Program EPC Project Officer: Sharon A. Tahtinen Distribution of Copies: Copies 1&2: EPC Copy 3: Contractor Time of Performance: FROM October 15, 1985 to June 30, 1990 Submit Original Invoice and Duplicate to: Accounting Iowa Energy Policy Council Lucas State Office Building Des Moines, Iowa 50319 (515) 281-4420 Issue Payment to: City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 (319) 356-5000 ATTN: James L. Schoenfelder, Energy Coordinator The Contractor agrees to deliver all supplies and perform all services set forth in the attached Special Conditions, for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the Special Conditions and the General Conditions. To the extent of any inconsistency between the Special and the General Conditions and any specifications or other conditions which are made a part of this contract by reference or otherwise, the Special and the General Conditions shall control. To the extent of any inconsistency between the Special and the General Conditions, the Special Conditions shall control. 7V% Contract Number: 86-6400-23 IN WITNESS WHEREOF, the parties hereto have executed this contract. CONTRACTOR: CITY OF IOWA CITY IOWA ENERGY POLICY COUNC Signature: / Signature: Typed Name: Neal G. Berlin Typed Name: Dennis ffe Acting Direct Title: City Manager Title: and Chairman SPECIAL CONDITIONS Article I. Definitions 1.1 "Council" means the Iowa Energy Policy Council. 1.2 "Contractor" means the City of Iowa City. 1.3 "Project" means the demonstration of a comprehensive energy management program and an internal revolving fund project in a municipality. 1.4 "Revolving loan fund" means a monetary fund from which the various city departments may borrow money for energy conservation measures to be paid back out of avoided fuel cost. Article II. Identification of Parties This contract is entered into by and between the City of Iowa City (hereinafter referred to as the Contractor) and the Iowa Energy Policy Council (hereinafter referred to as the Council). Article III. Statement of Purpose This contract is entered into for demonstrating the effective utilization loan fund as a financing mechanism for improvements in a Standard Metropolitan Iowa. Article IV. Scope of Work the purpose of of an internal revolving energy conservation Statistical Area in 4.1 The Contractor will update and submit each engineering analysis on a building to the Council for approval prior to initiating installation of each proposed energy conservation measure to be funded with the revolving fund described in Article 4.3. 4.2 The Contractor will develop a detailed written plan to prioritize all capital -requiring energy efficiency improvements identified in the original and updated engineering analyses. 4.3 The Contractor will design and establish an internal revolving loan fund to finance energy conservation measures in public facilities. The internal (City of Iowa City) revolving loan fund will be started with Council funds ($69,340) to be matched equally by the Contractor (not to exceed $61,135 in hard match and $8,205 of in-kind services). Any interest that accrues on the funds must be utilized for additional energy improvements identified in the engineering analyses. The revolving fund must include monthly documentation of energy avoidance savings, calculations to determine repayment to the fund, and BTU savings/square foot/degree day. A detailed plan for the internal 77 revolving loan fund will be submitted to the Council for approval by November 15, 1985. Future loan invest- ments from the revolving loan fund will be used for energy improvements for public facilities until the time that all energy improvements (within the finan- cial capability of the revolving loan fund) with seven (7) years or less payback have been completed. The revolving loan program will require the commitment of city department heads. At the end of seven years (1992) and if all energy conservation measure projects with a seven year simple payback have been completed, the revolving fund may be used to (1) fund energy conservation measures with a longer payback period using the same financing model as established earlier; (2) provide 100% or cost -shared energy conservation grants to city departments; or (3) design an alternative local government conservation program. Only the Council's funds and the Contractor's original contribution ($61,135) will be subject to this long-range plan. The plan must be submitted for appro- val by the Council and annual reports must be filed with the Council until 1995. 4.4 The Contractor will implement (design, advertise, select contractors, install equipment/materials, inspect and submit invoices) within the financial capabilities of the revolving fund energy conservation measure projects identified by engineering analyses and approved by the Energy Policy Council that have a seven (7) year or less payback period in the first allocation of the revolving loan fund by June 30, 1986. 4.5 The Contractor will update the "Waste to Energy Feasibility Study." The Contractor may subcontract after formally advertising and issuing a Request for Proposal for qualified engineering firms. The results of the update will be presented to the city council. A copy of the updated report will be sent to the Council. 4.6 The Contractor will subcontract with the Council's selected engineering firm to conduct an engineering analysis of the building and process on the water treatment plant not to exceed $9,000 total cost. A copy of the report will be sent to the Council for review and approval of energy conservation measures. The Council will review and approve energy conservation measures with a seven (7) year or less payback for funding in the first allocation of the revolving loan fund within the financial capabilities of the internal revolving fund. 4.7 The Contractor will develop an energy saving light bulb replacement program for low income (Low Income Home Energy Assistance Program guidelines) and elderly (Age 60+) residents to reduce electricity costs by 10% or more. Prior to implementation, the Contractor will establish baseline use of electricity from a sampling (approximately 25) of the selected group. After bulb replacement, the Contractor will document the energy savings for a 6 month period. The Contractor will pro- duce a final evaluation report on the project and sub- mit a copy to the Council. The goal will be to serve 100 homes with the program. 4.8 The Contractor will work to maximize media coverage on all aspects of the project including a minimum of four press releases, television or radio spots. All media materials will contain the following statement: °This material was prepared with the support of the U. S. Department of Energy (DOE) Grant No. DE-FG47-80CS62017 and Iowa Energy Policy Council Contract No. 86-6400-23. However, any opinions, find- ings, conclusions or recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the Department of Energy or the Iowa Energy Policy Council." 4.9 The Contractor will prepare a minimum of two infor- mational articles (approximately 2 page double space length) on the Project for the Council. The Council will be responsible for editing and publication. (See Department of Energy provision stated in 4.8.) 4.10 The Contractor will make a minimum of four presen- tations on the Project and its cost effectiveness and impact to the League of Iowa Municipalities, the Council's Annual Community Energy Conference, the Conference of Local Energy Officials, or others as appropriate. Expenses for travel outside the state of Iowa must be approved by the Council prior to the tra- vel. Each presentation will describe all projects demonstrated under this contract. 4.11 The Contractor will work with the Council's marketing consultant to determine other appropriate demonstration activities for the Council. The Contractor will imple- ment these other activities, as resources permit, and have them implemented by 1990• 4.12 The Contractor will follow all applicable federal guidelines as set forth in OMB Circular A-102 such as procurement, Davis -Bacon Act, Copeland Anti -kick Back Act, Contract Work Hours and Safety Standards Act, etc. All subcontracts will contain the appropriate clauses as identified in Appendix B. 4.13 The Contractor will submit energy data and energy avoidance costs by energy type (electricity, natural gas, propane, etc.) until 1992 for every public building and system included in the Project. 4.14 The Contractor will provide the Council with a report on the current vehicle fleet maintenance program/energy conservation program. To be included are energy and cost savings that resulted from implementing the program, barriers encountered, resolutions to problems and suggestions for improvement, etc. �Yk 4.15 The Contractor will work with the local cable televi- sion station to air ready-made energy programs periodi- cally for one year, the content of which will be established by February 1986. The plan will be sub- mitted to the Council for approval. 4.16 The Contractor will attempt to develop (good faith effort) a cooperative energy management program with Johnson County. 4.17 The Contractor will research an ordinance change that would require that a Home Heating Index (HHI) be calcu- lated for every new or remodeled building in Iowa City. The Contractor will pursue with real estate agents and the Multiple Listing Service to see whether the Home Heating Index can be used effectively as a sales tool. If determined to be effective, an HHI processing system will be presented to the city council for con- sideration. Funds expended in the effort will cover the cost of processing the HHI forms. 4.18 The Contractor will prepare for the Council a year-end report and a final report covering all activities and costs in the Project and making recommendations for future programs. To be included are future energy con- servation measure project projections (costs, savings, payback schedule, etc.) for the next year. Article V. Milestones November 15, 1985 November 15, 1985 November 15, 1985 Initiate update of engi- neering analyses: public buildings Prioritize previously iden- tified energy conservation measures and validate calculations; obtain Council approval; initiate operation and maintenance procedure schedule A. Advertise for analyst to conduct "Waste to Energy" engineering analysis B. Complete the development of the revolving fund program, establish tracking system, submit to the Council for approval C. Initiate water treatment plant engineering analyses with Council -selected engineer �;W D. Complete design work for previously -identified energy conservation measures of three years or less payback, after which begin implementation E. Continue engineering analy- sis for new energy conser- vation measures in buildings F. Solicit participation by Johnson County G. Initiate cable TV program development November 309 1985 Initiate advertising for energy conservation measure construction work (continuing) November 30, 1985 Complete engineering analy- sis of new energy conser- vation measures in additional public buildings and submit to Council for review and approval; priori- tize projects, after which begin advertising and imple- mentation December 15, 1985 Develop light bulb program for low-income and elderly December 30, 1985 Complete water treatment plant engineering analysis and obtain approval from Council to implement energy conservation measures with seven (7) years or less payback as per Article 4.6 January 302 1986 Complete update of "Waste to Energy Feasibility Study" engineering analysis; submit to Council May 1, 1986 Complete presentations to two professional organizations May 1, 1986 Complete articles on Project, submit to Council May 1, 1986 Complete light bulb program, document savings, submit final report 7Sa June 30, 1986 June 30, 1986 August 15, 1986 August 15, 1986 December 302 1986 January 15, 1987 June 30, 1987, 1988, 1989 July 15, 1987 August 1, 1987 August 15, 1988, 1989, 1990 1991, 1992 Complete first round expen- ditures on energy conser- vation measures Submit year-end report on Project; submit FY87 energy conservation measure projection Submit energy consumption data for all buildings/ operations included in Project Submit invoices for Project expenses incurred up to June 30, 1986 Complete presentations to 2 additional professional organizations Submit report approval which revolving loan post contract 30, 1990) to Council for details fund activity period (June Submit year-end report Submit energy consumption data for all buildings/ operations included in Project Submit final invoice for Council -approved travel Submit energy consumption cost avoidance figures data for all buildings/ operations included in Project June 30, 1990 Submit final report Article VI. Designation of Officials 6.1 Council. The Director of the Council is the official authorized to execute any changes in the terms, con- ditions, or amounts specified in this contract. Larry L. Bean is designated to negotiate on behalf of the Council and, subject to the approval of the Director of the Council, make any changes to this contract. 6.2 Contractor. Neil Berlin (City Manager) is the Contractor project official authorized to execute any changes in the terms, conditions, or amounts specified in this contract. � 5/ Article VII. Key Personnel James Schoenfelder (Contact for Contractor) Sharon Tahtinen (Council) Article VIII. Time of Performance The Contractor shall commence work on this contract on October 15, 1985 and shall complete contract tasks no later than June 30, 1990 unless changed by mutual written agreement. Article IX. Funding The Contractor agrees to perform the project in conformance with this contract. The Council agrees to pay the Contractor 50% of actual Project costs in an amount not to exceed $94,590 plus all expenses for Council -approved travel outside Iowa for the completion of the Project (Project Budget - Appendix A). Article X. Payment 10.1 The Contractor shall submit invoices in duplicate to the Council for completed portions of the Project. Invoices shall correspond closely to the time periods of the reports specified in Article XI of these Special Conditions. All invoices other than Council -approved travel are due on August 1, 1986. 10.2 The Council shall make interim payments to the Contractor within 45 days for completed portions of the Project upon receipt of the Contractor's invoice in duplicate and approval of the reports specified in Article XI of the Special Conditions. 10.3 The Council shall pay the Contractor 50% of actual Project costs or ninety-four thousand five hundred ninety dollars ($94,590) whichever is smaller and as specified in Appendix A. Equipment costs shall be paid solely by the Contractor. Approved equipment costs (Appendix A) may be considered Contractor match. Additional equipment or individual equipment costs exceeding limitations in Appendix A must be approved by the Council prior to purchase of the equipment to qualify as match. Travel outside Iowa may be approved by Council for 100% reimbursement. 10.4 No costs can be incurred before October 15, 1985 or after June 30, 1986 for any items other than Council - approved travel. 10.5 The Contractor shall submit the final invoice to the Council no later than August 1, 1987 for expenses (i.e. travel for Council -approved trips) incurred between 7/1/86 and 6/30/87. Article XI. Reports 11.1 The Contractor shall submit to the Council monthly reports due on the 30th of each month describing the 75a activities performed and the results obtained together with support data. The Council's reporting forms will be used. In lieu of monthly reports in September, December and March, a quarterly report will be due on the 30th. The quarterly report will summarize the three previous months' activities. After June 30, 1987, semi-annual reports are due in lieu of monthly and quarterly reports on June 30 and December 31 of each year. The year end reports shall be submitted no later than June 30, 1986, 19872 1988 and 1989. The report shall include information as described in Article IV, Scope of Work and shall include energy conservation measure project projections for the upcoming year. 11.2 The Contractor shall submit three copies of the pro- ject final report describing the activities performed and the results obtained together with support data. The final report will provide support data to the Council and identify specific areas of interest and concern such as problems, other appropriate applica- tions, and special requirements. The final report will be submitted no later than June 30, 1990. The report shall include information as described in Article IV, Scope of Work. 11.3 The Contractor shall furnish the Council with a finan- cial report, a detailed and documented description of all costs and expenses to -date for the Project by June 30 of 1986 and 1987. 11.4 The Contractor will submit to the Council an annual energy conservation measure report covering all buildings that have had capital improvements. The reporting will continue through 1992 to enable the Council to assess the revolving loan fund impact. 11.5 The Council shall review and comment on all reports submitted by the Contractor within thirty (30) working days after the Council's receipt of the reports. Failure to reply within the allotted time period constitutes approval by the Council. Article XII. Department of Energy Approval Funding for the project is subject to the continued finan- cial support of Iowa's State Energy Conservation Plan by the U.S. Department of Energy. If the Department of Energy discon- tinues the current level of funding of the plan, this contract may be terminated in whole or in part by the Council. Article XIII. Review of Work The Council or its advisers shall have the right to review and observe, at any time, completed work or work in progress on the Project. 7C!5C3 APPENDIX A BUDGET SUMMARY Council Total 50% Contractor Cost Match Match En&ineering Analyses Requiring 50 Match Buildings, "Waste to Energy Feasibility Study," Water Treatment Plant Evaluation $ 49,000 $ 242500 $ 249500 Energy Conservation Measures/ Internal Revolving Loan Fund Requiring 50 Match 138,680 69,340 69,3401 Computer and Software for Energy Management Flue Gas Analyzer with Training and Operation Light Meter Identified and Approved Energy Conservation Measures for Public Buildings Community Programs Light Bulb Replacement 5,115 0 5,115 Home Heating Index (HHI) 1,500 750 750 Requires Travel Outside of Iowa for Council Presentation Regarding Project Approval TOTAL $1949395 $ 94,590 $ 99,705 1$61,135 cash and $8,205 in-kind service. 75Zl (Revised 7/a GENERAL CONDITIONS Section 1.0 Entire Agreement This Contract with all attachments and references constitutes the entire agreement between the Council and the Contractor with respect to the subject matter hereof, and the Contractor acknowledges that it is entering into the Contract solely on the basis of the terms and conditions herein contained and not in reliance upon any representative statement, inducement or promise, whether oral or written, not containe herein. Section 2.0 Amendment The Council or the Contractor may initiate an amendment to this Contract. Any amendment is effective only if in writing and agreed to by the Council and the Contractor. The amendment shall be effective as of the date it is agreed upon, unless otherwise specified in the amendment. Section 3.0 Availability of Data All information and data obtained by the Contractor in connection with the Contract shall be made available to the Council. Such infor- mation and data shall become the property of the Council except that which is necessary for any patent or copyright purposes of the Contractor. Section 4.0 Assumption of Risks and Liabilities The Contractor shall assume all risks and liabilities in connec- tion with the performance of the Contract and shall be responsible for all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein. The Contractor shall indemnify and hold harmless the Council, its employees, agents or representatives, and the State of Iowa from all claims, demands, actions or causes of action, and shall be responsible for all attorney fees, costs and expenses incurred by the Council, its employees, agents or represent- atives and the State of Iowa, to the full extent permitted by Chapter 25A, Code of Iowa, and the Constitution of the State of Iowa. Section 5.0 Transfer of Work The Contractor shall not transfer or assign any part or portion of the work on the Contract without the prior written consent of the Council. 75_6 Section 6.0 Review of Work The Council shall have the right to review and observe, at any time, completed work or work in progress on the Contract. Section 7.0 Publications 7.1 All of the Contractor's reports and publications pertaining to work performed under this Contract shall contain the following state- ment on the -credit sheet: "This (material) was prepared with the support of the U.S. Department of Energy (DOE) Grant No. DE-FG47-80CS62017 However, any opinions, findings, conclusions or recom- mendations expressed herein are those of the authors) and do not necessarily reflect the views of DOE." 7.2 The Council reserves the right to publish the reports once completed by the Contractor and delivered to the Council. Written an= oral releases are considered to be within the context of publication rights so reserved by the Council. The Contractor shall not publish interim reports without prior written consent of the Council. 7.3 Nothing in this section shall be construed to limit the rights of the Contractor to publish the data or information in schol- arly or professional journals as long as any copyright to be obtained is not prejudiced thereby. - There.shall be no pre-release of data or findings connected with this Contract in scholarly or professional Journals or through public presentations or news media until the Contract is completed, unless prior written approval for such release has been given by the Council. Contract completion is defined herein as termination of this Contract. 7.4 All reports, interim and final, published by either the Contractor or the Council, will give credit to the other party's par- ticipation in the Contract. 7.5 Neither the Council nor the Contractor shall use the name of the other for advertising, promotional, or publicity purposes without the prior written consent of the other. I Section 8.0 Accounts and Records 8.1 The Contractor agrees to maintain books, documents, and other records pertaining to all costs and expenses incurred and revenues acquired during this Contract to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies and services, and other costs and expenses of what- ever nature for which reimbursement is claimed. The Contractor shall be prepared to support charges for salaries and wages by time, atten- dance and payroll records. 8.2 The Energy Policy Council, State Auditor, U.S. Department of Energy, and Comptroller General of the United States, or any of their duly appointed representatives, shall have access for the pur- pose of audit and examination to any books, documents, papers and 2 754 4 records of the Contractor which are pertinent at all reasonable times during the period of retention provided for in paragraphs 8.3, 8.4, and 8.5 below and shall have the right to make copies of excerpts or make other transcriptions thereof. 8.3 All records in the possession of the Contractor pertaining to this Contract shall be retained by the Contractor for a period of three (3) years beginning with the date upon which the final payment under this Contract is issued. Records for non -expendable property acquired under this Contract shall be retained for a three (3) year period after the final disposition of the property. 8.4 Records relating to any litigation or claim arising out of the performance of this Contract, or costs or expenses of this Contract to which exception has been taken as a result of inspection or audit, shall be retained by the Contractor until such litigation, claim, or exception has been finally settled or until the three (3) year period has expired, whichever occurs later. 8.5 The Contractor, in maintaining Contract expenditure accounts and records and reports, shall make any necessary adjustments to reflect refunds, credits, underpayments or overpayments, as well as any adjustments resulting from any administrative reviews and audits by the United States or by the State of Iowa or by the Contractor. Such adjustments shall be set forth in the financial reports filed with the Council. Section 9.0 Allowable Costs 9.1 Allowable costs are specified under the Approved Budget of this Contract. Allowable costs are subject to audit under the prin- ciples defined in Office for Management and Budget (OMB) Circulars A-87 A-21 and A-110. 9.2 Indirect costs shall be allowable at a predetermined rate specified in the Approved Budget of this contract. Indirect cost rates, if applicable, shall be determined according to the principles defined in Office for Management and Budget (OMB) Circulars A-87, A-21 and A-110. Section 10.0 Unallowable Costs The following costs are unallowable under this Contract: a. Legal expenses for the prosecution of claims against the Council, the State of Iowa, the Federal Government, or any subdivision thereof; b. The difference in costs between first class air accommodations and less than first class air accommodations, unless less than first class air accommodations are not available; c. Costs incurred prior to the effective date of the Contract; Costs of preparing proposals for potential contracts; e. Bad debts (any losses arising from uncollectible accounts and other claims and related costs); 3 X5 �/ similar provision for unforeseen events); g. Contributions or donations; h. Entertainment (cost of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodgings, rentals, transportation, and gratuities); i. Fines and penalties (costs resulting from violations of, or failure to comply with federal, state and local laws and regulations); J. Other financial costs (interest on borrowings -- however represented, bond discounts, costs of financing and refinancing opera- tions, and legal and professional fees paid in connection therewith). Section 11.0 Termination of Contract 11.1 Termination for cause - The Council may terminate this Con-ract in whole or in part, at any time before the expiration date, whenever the Council has determined that the Contractor has failed to comply with the conditions of the Contract. The Council shall promptly notify the Contractor in writing of the determination and reasons for the termination, together with the effective date. Payments made to the Contractor or recoveries by the Council under contracts terminated for cause shall be in accord with the legal rights and liabilities of the parties. 11.2 Termination for convenience - The Council or Contractor may terminate the Contract in whole or in part when both parties agree that the continuation of the Contract would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Contractor shall not incur new obligations for the terminated portion after the effective date and shall cancel as man outstanding obligations as possible. The Contractor shall prepare and deliver to the Council copies of a final report summarizing the work performed and the results obtained to date, together with such infor- mation and items which, if the Contract had been completed, would have been required to be furnished to the Council. Section 12.0 Patents Title to any and all patentable discoveries and patents therefrom originating as a result of any sponsored research set forth in this agreement shall be vested in the Contractor. The Contractor shall evaluate each such discovery, and if in its judgment the atttendant circumstances warrant filing a patent application, it shall do so at its own expense. In cases where the Contractor decides against filing a patent application, the Council shall be promptly notified of the decision together with an offer to pass title to the invention to the State of Iowa. The State of Iowa and any departments or divisions thereof and all political subdivisions within the State shall be en -.'.---- to an irrevocable, nonexclusive, royalty -free license for governmental purposes under any patent held by the Contractor which originates under this agreement. 4 751 Section 13.0 Copyrights and Use of Data 13.1 The term "Subject Data" as used herein includes research data and reports, writings, sound recordings, pictorial reproductions, drawings or other graphical representations, and works of any similar nature which are specified to be delivered under this Contract. The term does not include financial reports, cost analyses, and similar information incidental to contract administration. 13.2 The Contractor shall be considered the author of all original subject data. 13.3 Subject to the provisions may duplicate, use and disclose in activity, and may allow others to d under this Contract. of Section 13.4 below, the State any manner for any authorized State o so, all subject data deliverable 13.4 In the event the Contractor secures a copyright, the Contractor agrees to and does hereby grant to the State, its officers, agents and employees acting within the scope of their official duties, a royalty -free, nonexclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so for use by the State, its divisions, instrumentalities and local subdivisions, all subject data now or hereafter covered by copyright. If such subject data is not originated in the performance of this Contract, such license shall be only to the extent that the Contractor, its employees or any individual or concern employed or assigned by the Contractor to originate and prepare such data under this Contract, now has, or prior to completion of final settlement of this Contract may acquire, the right to grant such license without becoming liable to pay compensation to others solely because of such grant. 13.5 The Contractor shall exert all reasonable efforts to advise the Council at the time of delivery of the subject data furnished under this Contract of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this Contract and not licensed under this section. 13.6 The Contractor shall report to the Council promptly and in reasonable written detail, each notice or claim of copyright infringe- ment received by the Contractor with respect to all subject data deliver, under this Contract. On receipt of this information, the parties hereto agree to confer to determine future uses to be made of the sub- ject data. 13.7 The Contractor or any or all of its employees or agents may duplicate, use and disclose all subject data deliverable under this Contract, provided that the Contractor or such employees or agents acknowledge the contribution of the Council and the Contract number of this Contract and any copyright secured for such subject data. There shall be no pre-release or publication of data or findings connected with this Contract in scholarly or professional journals or through public presentation or news release or otherwise until the performance of this Contract is completed unless prior written authorization has been obtained from the Council. 5 759 on 14.0 Notice and Assistance Infringement 14.1 The Contractor agrees to report to the Council promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Contractor has knowledge. 14.2 In the event of any claim or suit against the Council, the State of Iowa, their employees, agents, or representatives, or the United States, on account of any alleged patent or copyright infringe- ment arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed hereunder, the Contractor agrees to furnish the Council, upon request, all evidence and information in the possession of the Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Council except where the Contractor has agreed to indemnify the Council. Section 15.0 Equipment 15.1 Definition - As used herein, the term "equipment" means nonconsumable tangible personal property to be used in the performance of the Contract, having an acquisition cost of five hundred dollars ($500) or more, and a useful life expectancy of greater than one (1) year. 15.2 All property procurements with a unit value of five hundred dollars ($500.00) or more must be approved in advance by the Council. All property procurement by the Contractor shall be according to standards stated in Office for Management and Budget (OMB) Circular A-102, Attachments N & 0. The title of all property purchased with a unit value of five hundred dollars ($500.00) or more remains vested with the Council. 15.3 Upon request the Contractor shall provide the Council with invoice(s) of property purchased. Such purchased property must correspond with approved Contract items. 15.4 The Contractor will keep an inventory of the equipment in their jurisdiction. Inventories must include the following property characteristics: a) the serial number if applicable; b) the Contract Number (if acquisition occurred as part of Contract); c) its description; d) the date of acquisition; e) invoice number, if purchased; f) the original purchase price; and g) the physical loca- tion of the property. 15.5 The Contractor shall maintain a control system to insure adequate safeguards to prevent loss, damage or theft to the property. Any loss, damage, or theft of property shall be investigated, fully documented and reported to the Council within sixty (60) calendar days of the occurence. 15.6 The Contractor shall implement maintenance procedures to keep all property in good condition. Maintenance costs in excess of one-half Q) the estimated current fair market value of property shall require prior Council approval. 6 7�Q 15.7 Upon termination of this Contract or upon Council need of the property, all property shall be released to the Council. Appropriate disposition instructions will be issued to the Contractor after the Council's review. Section 16.0 Assignment of Interest Neither the Contract nor any interest therein nor claim thereunder shall be assigned or transferred by the Contractor to any other party or parties. Attempted assignment may be considered, at the option of the Council, to be a substantial breach and cause for termination within the meanings of Section 11.1 of the General Conditions. Section 17.0 Personnel 17.1 Selection - The Contractor represents that it has, or will secure, all personnel required in performing the work and services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Council. 17.2 Qualification - All of the work and services required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. 17.3 Change of Key Personnel - Any individual specified by name under the article Key Personnel within the Special Conditions herein is considered essential to the work and services to be performed. If for any reason substitution for a specified individual becomes necessary, the Contractor shall provide immediate written notification of such to the Council. The Contractor shall provide the name and resume of qualifications for the replacement individual. Any replace- ment shall be subject to the approval of the Council. Section 18.0 Effect of Invalidity If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record in this state, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict with the law and such remaining portions of the Contract shall remain in effect and shall be construed as if such invalid or conflicting portions were not contained herein. Section 19.0 Litigation 19.1 The Contractor agrees to pay the cost of any litigation arising from failure of the Contractor to comply with the conditions or terms of this Contract or resulting from the negligence or incom- petence of the Contractor. In carrying out the provisions of the Contract or in exercising any power or authority otherwise, insofar as it is authorized to do so by the laws of the State of Iowa. 7 /lo/ 19.2 The venue for any cause of action based upon this Contract by either party to this Contract, shall be in Polk County, Iowa, and the law of the State of Iowa shall apply. Section 20.0 Assurances 20.1 The Contractor hereby assures and certifies to comply with the regulations, policies, guidelines, and requirements of Office for Management and Budget (OMB) Circulars No. A-21, A-87 and A-110, and 47 CFR, No. 129, as they relate to the use of federal funds for this proj ect. 20.2 The Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age, political belief, or handicap, in its employment practices. Such employment practices may include, but are not limited to, recruitment, recruitment. advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility programs, or other forms of com- pensation and use of facilities. 20.3 The Contractor will send to each labor union or represent- ative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or representative of the Contractor's commitments under this non- discrimination clause and shall post copies of the notice in conspic- uous places available to employees and applicants for employment. 20.4 The Contractor will comply with all relevant provisions of the Iowa Civil Rights Act, Iowa Executive Order #15 of 1973, Title VI of the Civil Rights Act of 1964 (P.L. 88-352), Section 16 of the Federal Energy Administrative Act of 1974 (P.L. 93-275), Section 401 of the Energy Reorganization Act of 1974 (P.L. 93-438), Title IX of the Educational Amendments of 1972, as amended (P.L. 92-318, P.L. 93-568, and P.L. 94-482), Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), the Age Discrimination Act of 1975 (P.L. 94-135), Title VIII of the Civil Rights Act of 1968 (P.L. 90-284), the Department of Energy Organization Act of 1977 (P.L. 95-91), and the Energy Conservation and Production Act of 1976, as amended (P.L. 94-385)• The Contractor shall furnish all information and reports requested by the Council and will permit access to its payroll and employment records by the Council or the Council's grantor agency for purposes of investigation to ascertain compliance with this non- discrimination clause. 20.5 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, this Contract may be can- celled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts with the Council. In addition, the Council may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the Iowa Civil Rights Act, Chapter 601A, Code of Iowa 1977, as heretofore and hereinafter amended, or as otherwise provided by law. E ��02_ 20.6 The Contractor will include the provisions of subsections 20.1 through 20.5 hereof in every subcontract unless specifically exempted by approval of the Council, so that such provisions will be binding on each subcontractor and vendor. The Contractor will take such action with respect to any subcontractor as the State may direct as a means of enforcing such provisions including sanction for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with the sub- contractor or vendor as a result of such direction by the State, the Contractor may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. Section 21.0 Contingent Fees The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Council shall have the right to annul this Contract without liabilit; or, in its discretion, to deduct from the Contract price or consideratio: or otherwise recover, the full amount of such fee, commission, percen- tage, brokerage fee, gift, or contingent fee. Section 22.0 Officers Not to Benefit No officer or employee of the State shall participate in any decision relating to this Contract which affects his or her personal interest or the interest of any corporation, partnership, or association in which he or she is directly or indirectly interested; or have any interest, direct or indirect, in this Contract or the proceeds thereof. Section 23.0 Audit Requirement The Contractor shall submit a copy of its regularly conducted annual audit(s), pursuant to OMB Circular A-102, Attachment P, to the Council for the time period(s) encompassed by this contract. If this audit is not performed or available, subsequent arrangements are to be made with the Council. 0 143 APPENDIX B PROFESSIONAL SERVICES - PROCUREMENT OF ARCHITECTURAL/ ENGINEERING SERVICES AND CONTRACT PROVISIONS I. Professional Services The competitive negotiation process is most suitable for procure- ment of Energy Audit and/or Engineering Technical Analysis ser- vices as well as engineering design services for the Energy Conservation Measures. Briefly, this method involves the solici- tation of proposals from several sources. The city or county evaluates the competitors' qualifications and the most qualified competitor is selected, subject to the negotiation of fair and reasonable compensation. Under this method, the best proposal is not necessarily the lowest cost proposal, as the breadth and level of detail in a higher cost proposal may be suited to the needs of the project. Documentation of the procurement process must be kept. The fact that a competitive process must be followed necessitates the grantee obtaining an estimate of technical analysis or design costs in advance of final selection of the technical analyst or engineer doing the design work. The following should be used in the award of Energy Audit, Engineering Technical Analysis contracts or architectural/engineering design contracts: 1) Estimated Total Costs Under $10,000. The city or county should solicit a proposal from at least three qualified individuals or firms. Qualifications should be evaluated and the most qualified firm or individual selected, sub- ject to negotiation of fair and reasonable compensation. The city or county is not required to advertise the work but may wish to write a formal Request for Proposals (see Attachment 1 for suggested format for Request for Proposals). 2) Estimated Total Costs over $10,000. A formal Request for Proposals (RFP) or Official Notice must be published requesting interested individuals or firms to respond. Competitive negotiation procedures should be followed to select the best proposal. If after advertising, less than three proposals are received, the city or county should follow the procedures outlined in 1) above. 3) Engineering Technical Analysis (TA) versus engineering design services for Energy Conservation Measures. The architectural/ engineering services to perform the tech- nical analysis and the energy conservation measure design services are separate phases of work. Therefore, iseparate procurement action is required for each phase, the appropriate procedures contained in 1 or 2 above must be followed. G� Additionally, the architectural/engineering firm that develops the energy conservation measure design work is prohibited from competing for installation of the energy conservation measures. It is the grantee's responsibility to maintain adequate records as evidence that the proper procurement proce- dures were followed for all costs incurred under a grant. II. Contract Provisions Federal requirements vary based on size and type of contracts being awarded. Those addressed here are categorized based on dollar amounts: Contracts for less than $ 2,000 - Sample A Contracts for more than $ 21000 - Samples B and A Contracts for more than $10,000 - Samples C, B and A Contracts for more than $1002000 - Samples D, Co B, and A These contract provisions must be reviewed with subcontractors and included in any contract written based on the dollar amount involved (see above). Procurement Standards Other than Professional Services Procurements, including contracts, must be in accordance with Attachment 0 of OMB A-102. The following highlights of Attachment 0 are provided for your convenience. They do not relieve recipients of compliance with all provisions of Attachment 0. Recipients may use their own procurement policies and procedures provided that they meet the minimum standards of Attachment 0 of OMB Circular A-102, as applicable to recipient group. In part, these standards provide for the following: (1) The recipient shall maintain a code or standards of con- duct which prohibits nepotism and organizational conflicts of interest. (2) All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. Contractors that develop or draft specifications, requirements, statements of work, invi- tations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder/offeror whose bid/offer is responsive to the solicitation and is not advantageous to the recipient, price and other factors considered. (3) All recipients shall have, or shall establish procure- ment procedures that provide for, at a minimum, the following procedure requirements: (a) The avoidance of purchasing unnecessary or duplica- tive items. 76S (b) Solicitations for goods and services shall be based upon a clear and accurate description of the tech- nical requirements for the material, product or service to be procured and shall not contain features which unduly restrict competition. (c) Affirmative steps shall be made by the recipients to utilize small business and minority-owned busi- ness sources of supplies and services. (d) The type of procuring instruments used must be appropriate for the program involved. The "cost -plus -a -percentage -of -cost" method of contracting shall not be used. (e) Contracts shall be made only with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of a proposed procurement. (f) All proposed sole source contracts or where only one bid or proposal is received in which the aggre- gate expenditure is expected to exceed $5,000 shall be subject to prior approval of the Department of Energy. Sole source occurs only after competitive procurement procedures have been followed and only one bid has been received. (g) Some form of price or cost analysis should be made in connection with every procurement action. (h) A system for contract administration shall be main- tained to ensure contractor conformance with terms, conditions and specifications of the contract, and to ensure adequate and timely followup of all purchases. (i) The procurement solicitation cannot restrict com- petition by giving preference to local potential bidders (i.e., within the state). Sample A - Required provisions for all contracts, regardless of dollar amount. Attachment _ Laws and Regulations The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of the Department of Energy bearing on the performance of the work. The Contractor further agrees to comply with any other appli- cable Federal, State, or Local laws, regulations, ordinances and rules. Conflict of Interest The Contractor will prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 761-7 Sample B - Required provisions for contracts in excess of $2,000 (Davis -Bacon Act applies only to construction contracts over $2,000 only if the total energy conser- vation measure cost for a building is more than $5,000. Attachment Copeland "Anti -Kickback" Act The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which she/he is otherwise entitled (18 USC 874 and 29 CFR, Part 3). Davis -Bacon Act The Contractor will comply with the provisions of the Davis -Bacon Act (40 USC 276a -a7), as supplemented by Department of Labor regulations (29 CFR, Part 5), which require the Contractor to pay wages to laborers and mechanics at a rate not less than the minimum rates specified in a wage determination made by the Department of Labor. The Contractor shall also pay employees for this project, not less than once per week, the full amount due without subsequent reduction or rebate. The Contractor also agrees to submit to the institution report Form 347 weekly until the project is completed and to post Department of Labor wage determinations at the job site. Contract Work Hours and Safety Standards Act The Contractor will comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5) which require the Contractor to complete the wages of every mechanic and laborer on the basis of a standard work week of 40 hours, and to compensate at a rate not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the work week. The Act also requires that no laborer or mechanic be required to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. 0 Sample C - Required provisions for contracts in excess of $10,000 Attachment Equal Employment Opportunities The Contractor shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regula- tions (41 CFR, Part 60), which specifies that the Contractor shall not discriminate in employment practices on the ground of race, color, national origin, sex, age, or handicap. The Contractor further agrees to post Equal Employment Opportunity posters at the job site. Provisions for Termination The parties agree to terminate this Contract as follows: a. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Owner shall there upon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effec- tive date thereof. In that event, all finished or un- finished data, studies, reports or other material prepared by the Contractor under this Contract shall, at the option of the Owner become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the Contract by the Contractor for the purpose of setoff until such time as the exact amount of damages due the Owner from the Contractor is determined. b. The Owner may terminate this Contract upon thirty days written notice to the Contractor in the event the U. S. Department of Energy, or the Owner fails to appropriate sufficient funds to meet its obligations under this Contract. In such event, the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed up to the time of termination. Provisions for Administrative, Contractual, or Legal Remedies With ten (10) days after final completion of the work and before final acceptance thereof, a final inspection shall be made by the Owner or his designated representative to determine 7elv 9 whether the work has been completed in accordance with the Contract Documents. A written Report of Inspection, certified as to contents and date of inspection, shall be completed by the Owner and/or his/her designated representative and delivered or mailed to the Contractor. All prior estimates and payments shall be subject to correc- tion in the final estimate and payment. When the work has been certified as satisfactory and approved by the authorized repre- sentative of the Owner, it shall be deemed accepted as of the date of the issuance of the Owner's Certificate of Completion. Upon submission of the final settlement for the work shall be went in full shall be made at the soon thereafter as practicable. estimate, the time of final set. Final payment and settle - time of final settlement, or as Neither the final payment nor any part of any sums withheld shall become due until the Contractor delivers to the Owner receipts showing complete payment for all labor, materials, supplies and equipment expended upon or incorporated in the work under the Contractor's Contract with the Owner. If any unpaid claim for such labor, materials, supplies or equipment is filed with the Owner before payment, in full of all sums due the Contractor, the Owner shall withhold from the Contractor suf- ficient funds to insure the payment of such claim, until the same shall have been paid or withdrawn, such payment of withdrawal to be evidenced by filing with the Owner a receipt in full or an order for withdrawal signed by the claimant or his/her duly authorized agent or assignee. However, as provided by statute, such funds shall not be withheld longer than ninety days following the date fixed for final settlement with the Contractor, as set forth in the published Notice of Contractor's Settlement, unless an action shall be commenced within that time to enforce such unpaid claim and a Notice of Lis Pendens be filed with the Owner. At the expiration of such ninety day period, the Owner shall pay the Contractor such moneys and funds as are not the subject to suit and a Notice of Lis Pendens and shall retain thereafter, subject to the final outcome thereof, only sufficient funds to insure the payment of such judgement as may result from such suit. If any claim for such labor, materials, supplies or equipment remains unsatisfied after all payments are made by the Owner to the Contractor, the Contractor shall refund to the Owner all sums which the latter may for any reason be compelled to pay to satisfy such claim, including all costs and attorney's fees incurred by the Owner as a result of the Contractor's default in such respect. The making and acceptance of the final payment shall not constitute a waiver of any claims by the Owner, including, among other things, those arising from unpaid claims, from faulty work appearing after final payment or from failure to comply with requirements of the Contract Documents. 7�76 Warranties. Each Contractor shall, in case of work performed for which warranties are required by the specifications, secure the required warranties and deliver copies thereof to the Owner upon completion of the work. These warranties will not in any way lessen the Contractor's responsibilities under his Contract. Whenever guarantees or warranties are required by the specifica- tions for a longer period than one year, such longer periods shall govern. In addition to warranties, guarantees, operating instruc- tions, etc., elsewhere specified, the Contractor, at the conclu- sion of the work and before final payment is made, shall furnish a listing, giving names, addresses, and telephone numbers of all subcontractors and material suppliers who furnished labor or materials on the job with identification of the services ren- dered. There shall be provided three copies for the Owner. Guarantee After Completion. The Contractor expressly warrants and guarantees that the project will be constructed in a first-class, professional workmanlike manner; that it will be safe, free from structural, professional workmanship or material defects and the improvements will be suitable and fit for occu- pancy and for the purpose for which they were intended. Neither payment of any estimate nor of any sum withheld from the Contractor shall relieve the Contractor of responsibility for his warranty or for faulty materials or workmanship, and, unless otherwise agreed, he/she unconditionally agrees to remedy any defects due thereto, and pay for any damages resulting therefrom, which shall appear within a period of two (2) years from the date of final payment and final acceptance of his work. If the Contractor fails to promptly correct all deficiencies and defects, the Owner may do so itself, after giving the Contractor ten (10) days written notice of its intention to do SO. The Owner shall be entitled to collect from the Contractor all costs and expenses incurred by it in correcting such defi- ciencies and defects, as well as all damages resulting from such deficiencies and defects. The guarantee and warranties of the Contractor are in addition to and not in lieu of any other reme- dies available to the Owner. Access to Records The Contractor agrees that the Grantee/Owner, the U. S. Department of Energy, the Comptroller General of the United States, the Iowa Energy Policy Council, or their authorized representatives, shall have access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract and grant program for the purpose of making audits, examinations, excerpts and transcriptions. The Contractor must also maintain all required records for three years following final payment. 7:?,/ Sample D - Required provisions for contracts in excess of $100,000 Attachment _ Construction contracts in excess of $100,000 shall contain, in addition to the provisions listed above, two additional provisions: Bonding The Contractor shall comply with bonding requirements as set forth in Attachment B of OMB Circular A-102); and Standard Provisions The Contractor shall be in compliance with applicable stan- dards, orders or regulations issued pursuant to the Clean Air Act of 1970 (40 U.S.C. 1857 et seq.), the Federal Water Pollution Control Act (33 O.S.C. 1251 et seq.) as amended, and the Environmental Protection Agency regulation (40 CFR, Part 15). 7z� ATTACHMENT 1 PRELIMINARY ENERGY AUDIT AND ENERGY AUDIT and/or TECHNICAL ANALYSIS REQUEST FOR PROPOSALS FORMAT A. Objective Cit /Count name) seeks proposals to conduct a -(Preliminary EnergyAudit and Ener Audit and/or Technical Analysis)at its Bui ding name or names_ to identify and recommend operation and maintenance improvements, and energy conservation measures in these facilities. B. Purpose The purpose is to achieve immediate and long-term energy savings in these facilities by analyzing the building envelope, lighting, mechanical systems, power plants, and heating, ventilating and air conditioning systems. C. Eligibility (For Preliminary Energy Audit and Energy Audit work only, use the following:) Persons with training in energy auditing, or who have attended approved workshops, or are qualified technical analysts are eligible. (If the Technical Analyst is to conduct the Preliminary Energy Audit/Energy Audit and Technical Analysis, use the following:) Applicants with expertise and experience in energy conservation and who have the services of a registered engineer or a registered architect who is part of an architect/engineer team (i.e. are qualified Technical Analysts) are eligible. Applicants with experience in technical analysis and energy conservation measures are preferred. D. (City/County name) Participation Participation by the (City/County name) will be limited to providing an employee to guide the auditor or analyst through each facility, a review of required reports, and payment for satisfactory work. E. (City/County name) Contact Person Name Address Telephone 4 F. Deadlines Proposals must be received by the (City/County name) no later than (time and date) They b� a opened at that time in preparat on for a decision by the review commit- tee at their meeting on (date) G. Basis for Contract Award (Cit /Count name) will award one contract for the building(s) listed in this Request for Proposal. The contractor selected by the administration will be required to meet all state and federal requirements for contracting with the (City/County name) The contract award will depend upon satisfactory negotiation of the terms of the contract. The following criteria will be used to select the contractor: 1. Conformance with the scope of work (20 points); 2. Cost of the proposal (20 points); 3. (For Energy Audit only) Experience and knowledge in conducting energy audits on building facilities; OR (For Energy Audit and Technical Analysis) Experience, knowledge and success record in conducting technical analysis on building facilities (20 points); 4. Completion date of the project (20 points); and 5. Staff assessment of contractor (20 points). H. Scope of Work (Choose the appropriate section below) (For Preliminary Energy Audit and Energy Audit) The Contractor shall perform an on-site analysis of the faci- lity. The audit shall include, as a minimum, for each building: 1. All the information specified on the Preliminary Energy Audit form provided by (City/County name). 2. An energy audit consisting of a_review or recommendation of: (a) major changes in functional use or mode of operation planned for the next seven years; (b) terminal heating and cooling such as radiators, unit ventilators, fan coil units, or double duct reheat systems; 777 (c) general building conditions; (d) energy conservation operation and maintenance proce- dures that have been implemented in the building; (e) appropriate energy conservation operation and main- tenance procedures on the basis of an on-site inspection with a general estimate of energy and cost savings, if practicable; (f) the need for the acquisition and installation of energy conservation measures and potential for retrofit; (g) whether building conditions or characteristics pre- sent an opportunity for use of solar heating and cooling systems or solar hot water systems; (h) the need for major changes requiring technical analy- sis prior to implementation. 3. Two copies of the final report and audit forms shall be submitted to (City/County name) 4. The Contractor shall review the results of the energy analysis with the designated ( City/County name) repre- sentative. 5. The Contractor shall complete all the energy audits within 120 days of approval of the contract. The final report shall be submitted on or before (Date) (Optional:) 6. The Contractor shall assist the establish an energy accounting sumption data. (For Technical Analysis) (City/County name) system for recording con - The contractor shall perform an on-site analysis of the faci- lity(s). 1. The analysis shall be performed by an authorized tech- nical analyst. The analysis shall include as a minimum a study of: (a) The insulation value of the existing insulation materials within the building envelope. (b) Efficiency and operation of heating, ventilation, and air conditioning (HVAC) systems. (c) Overall integrity of the building envelope with respect to energy efficiency. (d) Efficiency of lighting systems. %%S (e) Any possible heat stratification problems. (f) Power distribution systems, if applicable. (g) Possible load shedding or load management oppor- tunities. (h) Boiler combustion efficiency, if applicable. (i) Steam distribution system, if applicable. (j) Energy recovery opportunities. 2. Two copies of each analysis prepared by the registered engineer/architect shall be submitted and shall include as a minimum the following: (a) Name and location of facility to be audited. (b) The date(s) the audit was conducted. (c) A summary of existing equipment and conditions under consideration. (d) A list of recommended operational and maintenance improvements which shall include: (1) Description of operation and maintenance pro- cedure in a narrative format, understandable by non-technical managers. (2) Reason for recommending operation and main- tenance improvements. (3) Costs and savings resulting from implementation of the recommended operation and maintenance improvements. (4) Any possible impact on atmosphere or health and safety of building staff. (5) Calculations used to determine costs and savings including assumptions made and method(s) of calculation. (e) A list of recommended energy conservation measures shall be developed which shall include: (1) Narrative description of reasons for imple- menting energy conservation measure, written so non-technical managers can understand the logic behind the recommendations and the projected results of recommendations. (2) Cost of implementing the energy conservation measure. (3) Projected yearly savings of the energy conser- vation measure and any additional maintenance cost. 7 7�0 (4) Rate of return of zhe energy conservation measure using simple payback period and savings investment ratio, and life expectancy of equip- ment. (5) Calculations or criteria used to determine: (a) Feasibility of the energy conservation measure. (b) Cost of the energy conservation measure. (c) Savings resulting from the energy conser- vation measure. (d) Additional maintenance costs of the energy conservation measure. (6) Any assumptions made and method(s) of calcula- tion of costs and savings. (7) A list of equipment that may be used to imple- ment the energy conservation measure. (8) Any possible impact on existing building atmosphere or health and safety of staff. 3. Two copies of the final report shall be submitted to the (City/County name) 4. The Contractor shall review the results of the energy analysis with the designated (City/County name) representative. 5. The Contractor shall complete all work within 120 days of approval of the contract. The final report shall be submitted on or before (Date) (Optional:) 6. The Contractor shall assist the (City/County name) establish an energy accounting system for recording con- sumption data. (If a Preliminary Energy Audit, Energy Audit and Technical Analysis are all to be completed by the same Contractor, com- bine both of the above sections, but list H.39 H.49 H.5, and H.6 only once.) I. Format for Submission All proposals must be submitted in the format specified on the enclosed sheet. (The format is purposely general to cover all situations; hence, not -applicable items should be ignored.) Name Title 777 REQUEST FOR PROPOSALS Format for Submission Two copies of each proposal shall be submitted, containing: 1. Objectives of the proposal 2. A brief narrative describing the project to be funded 3. Biographical information a. Statement of qualifications b. Conflict of interest statement 4. Descriptive listings of five energy audits or technical analyses recently completed by the applicant 5. Proposed work plan and timetable of activities 6. Scope of the proposal (For Energy Audit only) a. Preliminary Energy Audit form b. Energy Audit and Operation and Maintenance Procedures (For Technical Analysis only) a. Review of Operation and Maintenance Procedures b. Energy Conservation Measures (For Energy Audit and Technical Analysis combined contract) a. Preliminary Energy Audit b. Energy Audit and Operation and Maintenance Procedures c. Energy Conservation Measures 7. An itemized proposal budget including: a. Description b. Budget c. An authorized signature d. Date proposal is submitted 77s' RESOLUTION NO. 85-519 A RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE CITY ADMINISTRATIVE OFFICES. WHEREAS, Resolution No. 85-60 adopted by the City Council on March 12, 1985, establishes an operating budget for FY86 and authorizes all permanent posi- tions, and WHEREAS, the City has entered into an agreement with the Iowa Energy Policy Council to receive matching grant funds in the amount of $94,590, and WHEREAS, timely completion of the grant program will require additional work by the Energy Coordinator, and WHEREAS, it is thus necessary that the position of Energy Coordinator be increased to three-quarter time for the remainder of the current fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the City Administrative Offices is amended by: 1. The deletion of one half-time Energy Coordinator. 2. The addition of one three-quarter time Energy Coordinator. BE IT FURTHER RESOLVED that effective June 28, 1986, that the classified pay plan be amended by: 1. The deletion of one three-quarter time Energy Coordinator. 2. The addition of one half-time Energy Coordinator. It was moved by Ambrisco and seconded by adopted, and upon roll call were: Zuber the Resolution be AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X _ MCDONALD X STRAIT X ZUBER Passed and approved this 4th day of November 1985. v- 9 AYOR ATTEST: 2�a4�,� -A'-.*'�� CITY CLERK X 7 9 Council Member Ambrisco introduced the following Resolution entitled "RESOLUTION ACCEPTING WORK" and moved its adoption. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Baker, Dickson, McDonald, Strait, Zuber, Ambrisco ABSENT: Erdahl NAYS: Whereupon the Mayor declared the following Resolution duly adopted: 85-320 RESOLUTION ACCEPTING WORK WHEREAS, on July 17, 1985, Iowa City, Iowa, entered into contract with Wolf Construction, Inc. of Iowa City, Iowa, for the construction of the FY1986 Sidewalk Assessment Project, within the City, as therein described; and WHEREAS, said contractor has fully completed the con- struction of said improvements, known as the FY1986 Sidewalk Assessment Project, in accordance with the terms and conditions of said contract and plans and specifications, as shown by the certificate of the Engineer filed with the Clerk on November 1 , 1985: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That said report of the Engineer be and the same is hereby approved and adopted and said improvements are hereby accepted as having been fully completed in accordance with the said plans, specifications and contract. The total contract cost of the improvements payable under said contract is hereby determined to be $ 36,719.37 Section 2. The total project cost including construction, engineering, legal and administrative costs is determined to be $ 38.415.18 -2- AIM Cooney, Don dWt Haynie, 5.6 & Allbe lawyers, Des Moines, Iowa 78b PASSED AND APPROVED this 4th day of November , 1985. ayor ATTEST: -3- Ahlea. C.- K . D.m Il ; Heyde Smith & Allbee, lawyers, Council Member Zuber introduced the following Resolution entitled "RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved -its . adoption. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker ABSENT: Erdahl NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 85-321 RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS BE IT RESOLVED, that the Engineer is hereby instructed to prepare a final plat and schedule showing the separate lots or parcels of ground subject to assessment for the cost of the FY1986 Sidewalk Assessment Project, together with the names of the owners thereof, so far as practicable, and the amount assessable by law against each lot or parcel of ground so assessable, and against any railway or street railway legally assessable therefor, and $9,771.10 of the whole amount of the cost of said improvements shall be assessed against the benefited properties, but not in excess of the amounts so assessed in the preliminary plat and schedule for the improvement, and filed in the office of the Clerk. PASSED AND APPROVED this 4th day of November , 1985. v ayor ATTEST: -4- M]M C --I ,, Wrweiler, Haynie, Smirh & Mlbee, Ue .,Des Moines, Im a RESOLUTION NO. 85-322 RESOLUTION ACCEPTING THE WORK FOR THE IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT BRM -4072(1)--8N-52 WHEREAS, the Engineering Division has recommended that the improvements covering the Iowa Avenue Bridge Reconstruction Proiect as incivaea in a contract oetween the city or Iowa city ana Iowa Bridge f, Culvert, Inc. of Ilashin ton Iowa dated July 19, 1985 be accepte , and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Baker X Dickson _ X Erdahl R McDonald X Strait X Zuber Passed and approved this 12th day of November 1985 MAYOR ATTEST: Z40d ,�) vii RK �J CITY CLE :;C'.:.'iVrti. a4a to is �::YGYi'w W3 RESOLUTION NO. 85-323 RESOLUTION AFFIRMING AN EMPLOYEE DISCHARGE WHEREAS, by authority of Chapter 400.19 of the Code of Iowa and after consideration of the facts, the City Manager has determined that certain disciplinary action is appropriate; and WHEREAS, based on said determination, disciplinary action has been taken; and WHEREAS, the City Manager has reported to the City Council the reasons for such action by the Manager; and WHEREAS, Chapter 400.19 of the Code of Iowa further requires that the City Council affirm or revoke such disciplinary measures taken by the Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the disciplinary action taken by the City Manager with regard to the discharge of employee #32550 as indicated in the attached report to the City Council be, and the same is hereby affirmed. It was moved by Strait and seconded by Dickson the Resolution be a opted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl _x McDonald Strait Zuber Passed and approved this 12th day November , 1985. NOTICE TO THE CITY COUNCIL OF DISCIPLINARY ACTION TAKEN BY THE CITY MANAGER NAME AND TITLE: Employee #32550, Maintenance Worker II - Sanitation TYPE OF DISCIPLINE: Discharge REASON FOR DISCIPLINE: Misconduct On October 25, 1985, employee #32550 the City, committing an infraction previously would result in discharge. again violated the Personnel Rules of that the employee had been notified A representative of the employee has indicated an interest in appearing at the City Council meeting of November 12 to object to this action. When affirmed by the Council, non -probationary employees have the right of appeal to the Civil Service Commission where a full hearing may be held. 785 RESOLUTION NO. 85-324 RESOLUTION AMENDING RESOLUTION NO. 83-164 TO ESTABLISH REVISED FEES FOR TAXICAB DRIVER'S LICENSES IN IOWA CITY, IOWA. WHEREAS, by Resolution No. 83-164; adopted May 24, 1983, fees for the issuance of taxicab driver's licenses were established at $4.75 each driver, and WHEREAS, it is now necessary to revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That Resolution No. 83-164 is hereby amended to establish a revised fee for issuance of taxicab driver's licenses at $6.00 each license. 2. That all other provisions of Resolution No. 83-164 not hereby amended shall remain in force. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon-ro-TT call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 12th day c ya . Received u Anprov&d By The Legal Departnu:nt I 'I ${ %.f/ RESOLUTION NO. 85-325 RESOLUTION ESTABLISHING REVISED FEES FOR TAXICAB STANDS IN IOWA CITY, IOWA WHEREAS, by Resolution No. 77-283, adopted August 2, 1977, fees for taxicab stands were established at $150.00 per year per space, and WHEREAS, it is now necessary to revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That Resolution No. 77-283 is hereby repealed. 2. That any taxicab company licensed to do business in Iowa City shall be entitled to one stand at a location to be designated by the City Traffic Engineer. 3. That the fee for each of said stands shall be $240.00 per year per space. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES NAYS Passed and approved this 12th day c ATTEST: rnrn,;d J C I ICLERK ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER re-;c1-e,d- & A-1rrov!:8 ;1y Tho Llai Departnu.r.9 7sr 7 RESOLUTION NO. 85-326 RESOLUTION ESTABLISHING REVISED FEES FOR MANUFACTURED HOUSING PARK LICENSES WITHIN IOWA CITY, IOWA. WHEREAS, by Resolution No. 85-39,. adopted February 12, 1985, fees for manufactured housing park licenses were established at $50 for initial license and $25 for annual renewals, and WHEREAS, it is now necessary to revise said fees, pursuant to 522-24 of the City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That Resolution No. 85-39 is hereby repealed. 2. That the following fee schedule is hereby established for manufactured housing park licenses: $60 per court with 1-100 lots, for initial license and each subse- quent renewal; $90 per court with 101-200 lots, for initial license and each subse- quent renewal; $150 per court with more than 200 lots, for initial license and each subsequent renewal. It was moved by Strait and seconded by Resolution be adopted, and upon-rolT call there were: AYES: NAYS: ABSENT: Dickson the AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 12th day of N vember 1985. Recehved & Approval By 1he Dual Department 11'1 �$5----- RESOLUTION NO. 85-327 RESOLUTION OF INTENT AND PROPOSAL TO DISPOSE OF STORM SEWER EASEMENT IN BLOCK 7, BRAVERMAN CENTER, AND SETTING PUBLIC HEARING ON SAID DISPOSITION. WHEREAS, in conjunction with subdivision of the area, the owner, Southgate Development Company, Inc., granted to the City a Drainage Channel Easement located on the following -described property in Iowa City, Johnson County, Iowa, to -wit: The south 30 feet of Lots 7, 8 and 9, Block 7, Braverman Center, as shown on the plat recorded in Plat Book 8, Page 69, Johnson County Recorder's Office, and; WHEREAS, it has recently been determined that when the storm sewer lines were installed in the area, they were put in the wrong place; and WHEREAS, Southgate Development Company, Inc. has requested that it be allowed to substitute a Storm Sewer and Drainage Easement over its property in exchange for a conveyance of the City's interest in the original Drainage Channel Easement; and WHEREAS, the City's Public Works Department has reviewed the proposal and determined that the City should obtain a corrected easement; and WHEREAS, after due deliberation, and being fully advised in the premises, the City Council finds that the City should exchange the old easement for a new, corrected easement, by quit claiming the City's interest in the old easement and accepting a new easement executed by Southgate Development Company, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council does hereby 'declare its intent to dispose of its interest in the Drainage Channel Easement described above by quit claim deed to Southgate Development Company, Inc. in exchange for the Storm Sewer and Drainage Easement attached hereto as Exhibit "A". AND BE IT FURTHER RESOLVED That a Public Hearing on said proposal be set for November 19, 1985, and that the City Clerk be and hereby is authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. PAGE 2 It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON -R- ERDAHL �— MCDONALD X STRAIT X ZUBER Passed and approved this 12th day of November 1985. YOR ATTEST: fly i e !.ec��J Gepa, rceni 790 STORM SEWER AND DRAINAGE EASEMENT THIS AGREEMENT made and entered into by and between SOUTHGATE DEVELOPMENT COMPANY, INC., of Iowa City, Iowa, First Party, which expression shall include successors in interest and assigns, and the CITY OF I014A CITY, IOWA, Second Party, which expression shall include successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party grants and conveys to Second Party an easement for the pur- poses of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, and conduits as Second Party shall from time to time elect for conveying storm water with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, including all the area described on Exhibit "A" attached to this easement and by this reference made a part hereof. First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of the said line to such extent as Second Party may find reasonably necessary. 79/ -2- 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder in any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or by any wrongful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for purposes which will not interfere with Second Party's full enjoyment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. 7 9_-2 - 3 - DATED this day of , 1985. STATE OF IOWA ss: JOHNSON COUNTY SOUTHGATE DEVALOPMENT COMPANY, INC. By CITY OF IOWA CITY, IOWA By John McDonald, Mayor ATTEST: City Clerk On this IiV+� day of Nmol ew%64- , 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Myles N.Bcw.►e,� And- , to me personally known, who, being by me duly sworn, did say that they are the Pre:5%% -9-ri* and , respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ;�``•. R.STOFFEX MY COMMISSION 1, IXPIRES December 1,ISM EAZ4U'Z"� Notary Public in and for said County and State F., L-oai DV rtnienf 8r - 713 r 793 STATE OF IOWA ss: JOHNSON COUNTY - 4 - On this day of , 1985, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledged the execution of said corporation, by it and by them voluntarily executed. Notary Public in ana for the State of Iowa 79-1 EXHIBIT "A" Those tracts located in Blocks 3 and 7, Braverman Center according to the plat thereof recorded in Plat Book 8, page 69, Plat Records of Johnson County, Iowa, more specifically described as follows: Lot 7, Block 7: The south 8 feet and the west 50 feet of the south 30 feet; Lot 8, Block 7: The south 5 feet; Block 3: A strip of land described as beginning at the NE corner of said Block 3; thence N 89° 33' 40" W - 403.09 feet to the NW corner of said Block3; thence S 0° 14' 10" E - 12.00 feet; thence SE'ly to a point on the east line of said Block 3 lying S 0° 26' 20" W - 23.00 feet of the NE corner thereof; thence N 0° 26' 20" E - 23.00 feet to the Point of Beginning. %fJ RESOLUTION NO. 85-328 RESOLUTION ACCEPTING THE WORK FOR THE FY86 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the FY86 Asphalt Resurfacing Project as included in a contract Dezween the t,izy or Iowa LI ty and L. L. Felling Company of Iowa City. Iowa. dated August 23, 1985 , be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Dickson that the resolution as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X — Strait R Zuber Passed and approved this 19 ATTEST: 1 . A.,_,> — ` CITY CLERK day of November , 19 85 . ReeeN'ecd 0. Ar pmvec: `,Ey F e L_taa3 D2Yartrt-1Vz1 �790� RESOLUTION NO. 85-329 RESOLUTION EXTENDING APPROVAL OF .THE PRELIMINARY PLAN FOR HUNTERS RUN SUBDIVISION PARTS 4-8 FOR EIGHTEEN MONTHS WHEREAS, on May 22, 1984, the City Council of Iowa City approved a preliminary plat, amended Planned Develbpment Housing Plan and Large Scale Residential Development Plan for Hunters Run Subdivision Parts 2-8; and WHEREAS, since that date final plats and plans have been approved for Parts 2 and 3 of Hunters Run Subdivision; and WHEREAS, the preliminary plat for Hunters Run Subdivision Parts 4-8 expires on November 22, 1985 unless an extension is granted; and WHEREAS, the City Council may grant an extension of time for a preliminary plat upon written request of the subdivider; and WHEREAS, the subdivider has made such a request indicating that the development is proceeding in substantial compliance with the timetable contained in the preliminary plat which anticipates final completion of the whole subdivision in 1993; and WHEREAS, the Planning and Zoning Commission has reviewed this request and agrees to the extension of the preliminary plat for Hunters Run Subdivision Parts 4-8 for a period of eighteen months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the preliminary plat of Hunters Run Subdivision Parts 4-8 is hereby approved for an additional eighteen months through May 19, 1985. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the preliminary plat for Hunters Run Subdivision Parts 2-8 approved May 22, 1984. It was moved by Ambrisco and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: M X X X X X Passed and approved this 19th days of ATTEST: ABSENT: Zuber the Ambrisco Baker Dickson Erdahl McDonald Strait Zuber November , 1985. Rece'"d ;0 By Toe deg79 D ni W oY filClfi v — /, Z 797 RESOLUTION NO. 85-330 RESOLUTION AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED OF THE CITY'S INTEREST IN A DRAINAGE EASEMENT LOCATED IN BLOCK 7, BRAVERMAN CENTER. WHEREAS, the City Council did, by Resolution No. 85- 327 , adopted on November 12, 1985, evidence its intent and proposal to dispose of its interest in a Drainage Channel Easement in the following -described property by conveyance by quit claim deed to Southgate Development Company, Inc., to -wit: The south 30 feet of Lots 7, 8 and 9, Block 7, Braverman Center, as shown on the plat recorded in Plat Book 8, Page 69, Johnson County Recorder's Office. and did authorize publication of notice of its proposal with regard thereto, and did set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, and being fully advised as to the merits of said proposal, -in consideration of the receipt and acceptance of a Storm Sewer Drainage Easement from Southgate Development Company, Inc., the City Council deems said proposed conveyance of its interest in said easement to be in the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and the City Clerk be and are authorized, empowered and directed to execute and deliver a City Deed quit claiming the City's interest in said Drainage Channel Easement to Southgate Development Company, Inc., for and in consideration of the receipt from Southgate of the new Storm Sewer and Drainage Easement in the form of easement attached to Resolution No. 85- 327 as Exhibit .A11. AND BE IT FURTHER RESOLVED That the Mayor and City Clerk be and hereby are authorized, empowered and directed to execute and accept the new Easement on behalf of the City. AND BE IT FURTHER RESOLVED That the City Deed attached hereto and made a part hereof is hereby approved as to form and content. AND BE IT FURTHER RESOLVED That the City Attorney be and hereby is authorized, empowered and directed to deliver the said City Deed upon receipt of the consideration as indicated by the foregoing. �193?� PAGE 2 It was moved by Zuber and seconded by adopted, and uponro�call there were: AYES: NAYS: X X _ X _ X _ X _ X _ X Passed and approved this 19 day ATTEST: ABSENT: f November Ambrisco AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER 1985. the Resolution be gecelved & Approved By ihe� Legal S�apas!+ int 799 CITY DEED KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a municipal corporation, of the County of Johnson and the State of Iowa, by its Mayor and City Clerk, in consid- eration of the execution and delivery to the City from Southgate Develop- ment Company, Inc. of a Storm Sewer and Drainage Easement on property located in Blocks 3 and 7, Braverman Center, does hereby release, remise, convey and quit claim unto the said Southgate Development Company, Inc. all of its rights, title and interest in and to the following -described premises located in the County of Johnson and State of Iowa: The south 30 feet of Lots 7, 8 and 9, of Block 7, Braverman Center, shown on the plat recorded in Plat Book 8, Page 69, Johnson County Recorder's Office. This deed is executed and delivered under and by virtue of the authority vested in the Mayor and City Clerk of the City of Iowa City, Iowa, under the provisions of Resolution No. 85- 330 , duly passed and approved on the 19th day of November 1985. IN WITNESS WHEREOF the City of Iowa City, Iowa, has caused this instrument to be executed on its behalf by its Mayor, attested by the City Clerk, and its seal to be affixed hereto this 19th day of November, 1985. ITY OF IOWA CITY, IOWA: ATTEST: By: C� L�� J - �v�i, STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 19th day of November , 1985, before me, the under- signed, a --foamy Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instru- ment to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. DDRISA WMARCE MYCOMMISSIONNRE$ Notary Public n a for said r .a)_ Ncelved Bi Appmved By The Leval Department , r /Z/,67;&C - V tee., STORM SEWER AND DRAINAGE EASEMENT THIS AGREEMENT made and entered into by and between SOUTHGATE DEVELOPMENT COMPANY, INC., of Iowa City, Iowa, First Party, which expression shall include successors in interest and assigns, and the CITY OF IOWA CITY, IOWA, Second Party, which expression shall include successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party grants and conveys to Second Party an easement for the pur- poses of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, and conduits as Second Party shall from time to time elect for conveying storm water with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, including all the area described on Exhibit "A" attached to this easement and by this reference made a part hereof. First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of the said line to such extent as Second Party may find reasonably necessary. 'fol - 2 - 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder in any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or by any wrongful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for purposes which will not interfere with Second Party's full enjoyment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it., or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. 900 MW DATED this 19th day of SOUTHGATE M November , 1985. COMPANY, INC. CITY,,OF IOWA CITY, IOWA 0 ATTEST: &,,, J� City Clerk STATE OF IOWA ) ss: JOHNSON COUNTY ) On this W+111 day of iJo.1e v%%za - 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Myles hl.8ctiverw�.. and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. "•. R.STOFiER C MIY fAMMISSION IXPIRES1 ' ,o ; December 1,1985 Notary Public in and for said County and State f'jecejvi -j p A, By Tb Legal Del ►tmenf S0,3 STATE OF IOWA ss: JOHNSON COUNTY - 4 - On this 19th day of November , 1985, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledged the execution of said corporation, by it and by them voluntarily executed. ,j�O OCPl8E4` e- 4A Notary Pu in and tor the Stwe of Iowa EXHIBIT "A" Those tracts located in Blocks 3 and 7, Braverman Center according to the plat thereof recorded in Plat Book 8, page 69, Plat Records of Johnson County, Iowa, more specifically described as follows: Lot 7, Block 7: The south 8 feet and the west 50 feet of the south 30 feet; Lot 8, Block 7: The south 5 feet; Block 3: A strip of land described as beginning at the NE corner of said Block 3; thence N 89° 33' 40" W - 403.09 feet to the NW corner of said Block3; thence S 0° 14' 10" E - 12.00 feet; thence SE'ly to a point on the east line of said Block 3 lying S 00 26' 20" W - 23.00 feet of the NE corner thereof; thence N 0° 26' 20" E - 23.00 feet to the Point of Beginning. Y05 RESOLUTION NO. 85-331 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT FOR 1986 UNDER THE HOUSING AND COMMUNITY DEVELOP- MENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is an eligible unit of general local government authorized to file a Program Statement under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the 1986 Community Development Block Grant Program Statement has been developed so as to give maximum feasibility priority to activities which will benefit low- and moderate -income persons and aid in the prevention or elimination of slums and blight; and WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to comment on the Program Statement; and WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be served by filing said Program Statement with the United States government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby: 1. Directed to file with the United States Department of Housing and Urban Development a Program Statement for 1986 Community Development Block Grant (CDBG) funds under the Housing and Community Development Act of 1974, as amended, to include those projects which are listed on the exhibit attached hereto; and 2. Authorized and directed to amend the 1984 CDBG budget to carry over all unexpended funds previously budgeted for congregate and assisted housing for the 1986 CDBG budget in accordance with the attached exhibit; and 3. Authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said Program Statement; and 4. Designated as the chief executive officer to act in connection with the Program Statement and to provide such additional information as may be required. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: Resolution No. 85-331 Page 2 AYES Passed and approved this 19th NAYS ATTEST:, J CITY —CLERK ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of November , 1985. i c:£Ci.7J 11 .;Sl C:VL� BY ii:3 1 --jai II4z" 1986 CDBG BUDGET (11-19-85) PROPOSED EXPENDITURES: Emergency Housing Project Repairs $ 8,000 Housing Modifications for Low -Income Frail Elderly 8,000 Comprehensive Housing Rehabilitation and Weatherization 180,000 Mayor's Youth Employment Program 26,860 Shared Housing Program Continuation 20,000 Community Support Services and Day Treatment Program; Mid -Eastern Iowa Community Mental Health Center 115,000 Synthesis Studio Improvement/United Action for Youth 6,000 Elderly Home Services Coordinator/Case Manager 35,000 Mark Twain School Playground Revitalization 11000 Crisis Center -Food Bank Facility 156,500 Residential Elderly/Handicapped Accessibility Project 20,000 Handicare, Inc., Expansion 49,000 Curb Ramp Installation 5,000 Goodwill Industries Renovation 127,000 Terrell Mill Park Improvements 1,200 North Market Square Handicapped Play Area 3,000 Systems Unlimited, Inc. 70,000 General Program Administration 107,000 Contingency Fund 110,240 TOTAL $1,048,800 PROPOSED REVENUES: 1986 CDBG Entitlement $ 658,800 1984 CDBG Carryover - Congregate & Assisted Housing 390,000 TOTAL $1,048,800 13 RESOLUTION NO. 85-332 RESOLUTION APPROVING FY87, 88, 89, 90, 91 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1986, TO JUNE 30, 1991 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1986, to June 30, 1991, be approved. It was moved by Strait and seconded by Ambrisco that the Resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 19th day of November ATTEST: CL ,. CI ERK 1985. wed A Approved By T tela! Depa malt i1 ,J yJ r�- lows Dpartrtrrl(of Trar[upw" c ` Foran 720001 5-79 OFFICIAL STREET CONSTRUCTION PROGRAM FOR ' - ❑ CITIES • Pop. 1,000.4,999 (one-year) IK CITIES - Pop. 5,000 & over (five-year comprehensive) CITY Iowa City, Iowa COUNTY Johnson ' FROM JULY 1, 1986 TO JUNE 30, 1991 Marian Karr , city clerk of the City of Iowa City, Iowa do hereby certify that the city council has by resolution approved this official report as its fiscal July 1, 1986 to June 30, 1991 one-year/'4 a year comprehensive Street Construc- tion Program this Month , Day , Year 1985- -� •� `° City clerk Marian Karr Mailing Address 410 E. Washington Street, Iowa City, IA 52140 . Daytime Phone No. 319 356-5041 Hours Available 8:00 A.M. - 5:00 P.M. (Ares Code) �� John McIbnald •Ca/ ,Mayor - ME"ERS OF THE COUNCIL John McDDnald Clemens Erdahl Kate Dickson William Ambristo (A&risco) r - Larry Baker George Strait Ernest Zuber Cities -Pop. 5,000 & over shall file, on or before December 1 of each year, two copies of this report with the Iowa Department of Transportation. Cities -Pop. 1,000-4,999 shall file, on or before December 31 of each year, two copies of this report with the Iowa Department of Transportation. DISTRIBUTION: White , Office of Transportation Inv.; Yellow - City Copy; Pink - District Transportation Planner CT/,� FORM 220002 380 - TYPE OF CONSTRUCTION i. RIGHT OF WAY 2. GRADE AND DRAIN 3. PAVE 4. RECONSTRUCTION 5. PAVEMENT WIDENING 6. RESURFACING 7. SHOULDER WIDENING B. SURFACE RESTORATION 9. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE - FUNCTIONAL - JLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 06 TRUNK TEXT. OF 07 TRUNK (RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19 86 To June 30, 19 91 Pop. 1,000 • 4,999 ❑ 1 year program Pop. 5,000 & over IN 5 year program R.U.T. 4 SHEET 1 OF 3 CITY - Iowa City, Iowa COUNTY Johnson Distribution: White Office of Trans. Inv.; Yellow - City Copy;Pink - District Planner PROJECT LIMITS STATE PROJECT TOTAL FN PROJ. STREET FUNC. EXISTING 'TYPE OF LENGTH ESTIMATED COST NO. NAME FROM TO CLASS. SURFACE CONSTR. (MILES) (DOLLARS) 87 Asphalt (Miscellaneous Lo ations) 10, 11, Asphalt 5 @ 310,000 91 1 Resurface 12 and/or PGG. 6, 12 unknown 1,500,000 Asphalt 87 Street and (Miscellaneous Lo ations) 10, 11, -and/or 5 @ 100,000 91 2 Curb Repair 12 P.C.C. 4 unknown 500.000 (24 x 480) 87 3 Benton Street Bridge over Iowi River 10 Asphalt 1, 9 0.10 2,427,300 Bridge Deck Rep it over (49 x 59) 87 4 Burlington Street Ralston Creez 10 P.C.C. 9 0.011 45,000 Bridge Deck Rep it over (48 x 83) 87 5 Gilbert Street Ralston Cree< 10 P.C.C. 9 0.016 69,300 Bridge Deck Rep it over (52 x 194) 87 6 Dodge Street Hartland Rail Orp. 10 P.C.C. 9 0.037 143,400 Railroad Crossi g 87 7 Dubuque Street Improvements 11 Asphalt 12 N/A 81,000 Railroad Crossi g 87 8 Clinton Street Improvements 11 Asphalt 12 N/A 62,000 Railroad Crossing 87 9 First Avenue Improvements 10 Asphalt 12 N/A 88,000 Sulmnit Street $ Intersection Si malization 87 10 Burlington Street Improveme its 10 Asphalt 10 N/A 21,000 Hwy. #1 South $ 87 11 Sunset Street Intersection Si malization 10 P.C.C. 10 N/A 21,000 Distribution: White Office of Trans. Inv.; Yellow - City Copy;Pink - District Planner FORM 2200023$0 - TYPE OF CONSTRUCTION 1. RIGHT OF WAY 2. GRADE AND DRAIN 3. PAVE 4. RECONSTRUCTION 5. PAVEMENT WIDENING 6. RESURFACING 7. SHOULDER WIDENING e. SURFACE RESTORATION 9. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE - FUNCTIONAL - JLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 06 TRUNK j EXT. OF 07 TRUNK RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE STREET CONSTRUCTION PROGRAM For July 1, 19 86 To June 30, 19 91 Pop. 1,000 • 4,999 Ell year program Pop. 5,000 & over (D 5 year program R.U.T. 4 p SHEET 2 OF 3 Cin. Iowa City, Iowa COUNTY Johnson Distribution: White -Office of Trans.Inv.;Yellow-City Copy; Pink -District Planner PROJECT LIMITS STATE PROJECT TOTAL ESTIMATED FIY PROJ. NO. STREET NAME FUNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. LENGTH (MILES) COST (DOLLARS) FROM TO 87 12 Benton Street & Mormon Trek Blvd. Intersection 3ignalization 10 P.C.C. 10 N/A $ 24,000 Kirkwood Avenue F, -Asphalt 88 13 Dodge Street Intersection ignalization 10 P.C.C. 10 N/A 21,000 West line of Freeway 218 1, 2 88 14 Melrose Avenue West High School Improvement 10 Asphalt 3 0.52 794,000 Bridge Deck Re air Over (24 x 171) 88 15 Woolf Avenue Highway #6 12 Asphalt 9 0.032 86,300 Bridge Deck Re air Over (30 x 242) 88 16 Melrose Avenue Hartland Rail Corp. 11 P.C.C. 9 0.046 106,700 (24 x 25) 88 17 Brookside Drive Bridge over Ra ston Creek 12 P.C.C. 9 0.005 140,000 (24 x 25) 88 18 Second Avenue Bridge over Ra ston Creek 12 P.C.C. 9 0.005 140,000 Culvert for Cr ek Channel ( 8 x 3) 88 19 Benton Street located just West of Orchard Street 11 Asphalt 9 182,500 Mormon Trek 1, 2 $ 89T 20 Rohret Road Blvd. Relocated 218 10 Chip Seal 3 0.28 343,250 West approx. 89 21 Taft Speedway Dubuque Street 2700 feet 12 Gravel 2, 3 0.55 401,000 Dodge Street Dubuque Road Governor Street 10 Asphalt 1, 5 $ 89 22 6 0.40 549,000 Distribution: White -Office of Trans.Inv.;Yellow-City Copy; Pink -District Planner FORM 220002 3$0 TYPE OF CONSTRUCTION 1. RIGHT OF WAY 2. GRADE AND DRAIN 3. PAVE 4. RECONSTRUCTION 5. PAVEMENT WIDENING 6. RESURFACING 7. SHOULDER WIDENING S. SURFACE RESTORATION 9. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL .:LASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 06 TRUNK EXT. OF 07 TRUNK RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19 86 To June 30, 19-21— Pop. 991 Pop. 1,000 • 4,999 ❑ 1 year program Pop. 5,000 & over [X5 year program R.U.T. 4 SHEET 3 OF CITY Iowa City, Iowa COUNTY Johnson FN PROJ. NO. STREET NAME PROJECT LIMITS STATE FUNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL ESTIMATED COST (DOLLARS) FROM TO 90 23 Scott Blvd. Court Street Rochester Avenue 10 Gravel 1, 2 $ 3 0.95 $1,130,000 91 24 Melrose Avenue Byington Road Hartland Railroad Bridge 11 Asphalt 4 0.43 328,000 Distribution: White -Office of Trans. Inv.; Yellow -City Copy: Pink -District Planner RESOLUTION NO. 85-333 . RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND BANC IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain forgivable rehabilitation loan which at this time is in the amount of $12,000 executed by Michael Foster and Marilyn Foster, dated May 14, 1984 and recorded May 18, 1984 in Book 699, at page 113 in the Johnson County Recorder's Office covering the following described real estate: Lot 7, Block 9 Rundell, an Addition to Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, Banc Iowa of Iowa City, Johnson County, Iowa, is about to loan the sum of $29,500 on a promissory note to be executed by Michael Foster and Marilyn Foster, secured by a mortgage covering the real estate described above, and WHEREAS, Banc Iowa has requested that the City execute the attached subordination agreement thereby making said rehabilitation loan held by the City subordinate to the lien of said mortgage about to be made by Banc Iowa, and WHEREAS, there is sufficient value in the above-described real estate to secure said rehabilitation loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is authorized to execute and the City Clerk to attest said Subordination Agreement between the City of Iowa City and Banc Iowa of Iowa City, Johnson County, Iowa. It was moved by Zuber and seconded by the Resolution be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: X X X X X X X Passed and approved this 19th ATTEST: {JY.,,.,; Strait Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of November . 1985. €; cehn3 a ApparavEd �t Sir 6e--1 Ue:aTA,, .n: made this 19th day of November,. 1985, between the City of Iowa City, Johnson County, Iowa, herein referred to as the City, and Banc Iowa of Iowa City, Johnson County, Iowa. IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owher and holder of a certain rehabilitation loan which at this time is in the amount of $12,000 executed by Michael Foster and Marilyn Foster, dated May 14, 1984 and recorded May 18, 1984 in Book 699, at page 113 in the Johnson County Recorder's Office covering the following described real estate: Lot 7, Block 9 Rundell, an Addition to Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, Banc Iowa is about to loan the sum of $29,500 on a promissory note to be executed by Michael Foster and Marilyn Foster, secured by a mortgage covering the real estate described above, and WHEREAS, to induce Banc Iowa to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by Banc Iowa. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the City agrees as follows: P5 1. Subordination. The City hereby covenants and agrees with Banc Iowa that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by Banc Iowa. 2. Consideration. In consideration of the City subordinating the rehabilitation loan held by it to the mortgage of Banc Iowa, Banc Iowa shall make the above-mentioned loan to Michael Foster and Marilyn Foster. 3. Mortgagee. The mortgage to Banc Iowa shall be in the amount of $29,500 with interest at 10 percent due and payable in 240 monthly installments and the City hereby acknowledges the notice of the mortgage and acknowledges it as a lien superior to the rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. ATTEST: City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY) Received & Approved By The Legal �Department 9JJ ' RESOLUTION NO. 85-334 RESOLUTION AUTHORIZING EXECUTION OF REVISED ANNUAL CONTRIBUTIONS CONTRACT WITH THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT PROJECT fIA05-VO22-001 WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Govern- ment") with respect to any "Project" as defined in the revised Annual Contributions Contract and which at any time now or hereafter is incorpo- rated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The revised Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Author- ity on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidenc- ing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by tth Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the revised Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. 8/ 7 Resolution No. 85-334 Page 2 It was moved by - -- Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 19th day o ATTEST: IT CLERK ABSENT: AMBRISCO BAKER DICKSON ERDANL MCDONALD STRAIT ZU BE R RaceM. d a Appmverl G; Thz Ucai Department ny 5- y/g, Amendment No. 1 IA05-V022-001 ACC PartI Number: RC -9033V V U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EX[STING ANNUAL CONTRIBUTIONS CONTRACT—PARTI for HOUSING VOUCHER PROGRAM L1. DEFINITIONS. A. ACC. Annual Contributions Contract B. Fiscal Year. The PHA Fiscal Year as specified in section L2.B of this A C C Part L C. HUD. U.S. Department of Housing and Urban Development D. Maximum Annual Contribution Commitment. The amount of contract authority reserved by HUD fcr a project The amount of contract authority reserved for each project in the Housing Voucher Program is stated in ExhibitI of this ACC Parti (subject to reduction in accordance with section LIE and section 2.3 of this ACC). E. PAA. Public Housing Agency. F. Program. The PHA's Housing Voucher Program. G. Program Receipts. Amounts paid by HUD to the PHA under this ACC for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the ACC and H U D requirements. 1.2. HOUSING VOUCHER PROGRAM. A. Projects. The Program under this ACC consists of the projects ER d in Exhibit I of this A C C Part I, each of which represents a funding increment for the Program. Page 1 of 5 pages HUD 52520 D (June 1985) Y/ 9 B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month period ending June 30 of each calendar year. Mrert the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an ACC with HUD.) L3. ANNUAL CONTRIBUTION. A. Payment. HUD shall pay the PHA annual contributions for the projects in the Program in accordance with HUD regulations and requirements. B. Term. Payments on account of the annual contributions for each project may only be made during a term of five years, and shall not be made after the end of the five year term. The term for each project begins when HUD makes the first advance to the PHA on account of the annual contributions for the project After HUD makes the first advance for a project, HUD may enter the first and last dates of the A CC term for the project on Exhibit I of this A CC Part L The Exhibit I as revised by HUD shall constitute an amendment of the ACC Part I, and the revised Exhibit supersedes any previous Exhibit I for the Program. C. A mount and Purpose. The annual contribution for the Program for a Fiscal Year shall be the sum of the amounts paid on account of the annual contribution for each of the projects in the Program. The annual contribution for the Program shall be in the amount approved by H U D for the Fiscal Year to cover: 1. The amount of housing assistance payments by the PHA. 2. The amount of PHA tests for Program administration. The amount of the annual contributions by HUD may be reduced, as determined by HUD, by the amount of Program Receipts Duch as interest income) other than annual contributions D. Maximum Annual Contribution Commitment for Project. Except for payments from the ACC reserve account as provided in section LIF of this ACC, or for payments under section L3. G, the annual contribution payment by HUD for a project for a Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the project Such Maximum Annual Contribution Commitment shall be available during the five Fiscal Years beginning with the Fiscal Year when HUD makes the first advance to the PHA on account of the annual contributions for the project. E. Reduction of Amount Payable. HUD may reduce the amount of the annual contributions payable by HUD for any project or for the Program, and may reduce the amount of the contract authority for any project, by giving the PHA written notice of reduction in accordance with section 2.3 cf this ACC. The notice by HUD may include a revision of Exhibit I of this A CC Part I to reflect the Page 2 of 5 pages HUD 52520 D (June 1985) reduction in the amount of contract authority for a project. H U D notice of the revision shall constitute an amendment of Exhibit I, and the revised Exhibit I supersedes any previous Exhibit I for the Program. F. ACC Reserve Account. An ACC reserve account may be established and maintained by HUD in an amount as determined by H U D. The A C C reserve account m ay be used by H U D for paym ent of any portion of the annual contribution payment approved by HUD. G. Portability Procedures: Preliminary Fee of Receiving PHA. In addition to the maximum annual contributico commitment under section 1.3.D, and payments from the ACC reserve account under section L3.F, HUD may approve additional annual contribution payments to the PHA for the purpose of paying preliminary fees to another PHA acting as Receiving PHA in accordance with HUD requirements under the portability procedures. H. Limit on Total Payments for Project. The total of annual contributions payments by HUD for each project Cincbading any payments from the ACC reserve account as provided in section 1.IF, but not including any payments under section 1.3.G) shall not be more than five times the Maximum Annual Contribution Com mitment for the project. L4. ACC. A. This ACC for the Program consists of this ACC Part I (including Exhibit I) and the for m A C C Part U prescribed by H U D for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole ACC for the Program. Page 3 of 5 pages HUD 52520 D (June 1985) B. This ACC supersedes any previous ACCafor the Program. Mattom relating to operation of the Program >a0ar a previous ACC sha3 be governed by this A CC. Signatures PUBLIC HOUSING AGENCY IOWA CITY HOUSING AUTHORITY Name ure Print or type name UNITED STATES OF AMERICA +�— --qff 0V AVV nr wnncTur_ 'un Bauer; *tanager - Des Mc: -es Office Print or type name and official til Reserved a Approved BY flu legal ft adorer 11Allaf November 19, 1985 Date signed title of signatory /-q--,0V G Date signed Page 4 of 5 pages HUD 52520 D (June 1985) Amendment Na. 1 IA05-V022-001 ACC PartI Number. RC -9033V V EXHIDIT I PROJECT CONTRACT FIRST DATE LAST DATE NUMBER AUTHORITY OF TERM OF TERM IA05-V022-001 U Date signe $42,820 Page 5 of 5 pages HUD 52520 D (June 1985) Council Member Zuber introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member Ambrisco sec- onded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait. NAYS: Whereupon the Mayor declared the following Resolution duly adopted as follows: 85-335 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the FY1986 Sidewalk Assessment Project, within the City, under contract with Wolf Construction, Inc, of Iowa City, Iowa, which final plat and schedule was filed in the office of the Clerk on the 13th day of November IT , 1985; said assessments are hereby corrected by making the following changes and reductions: NAME OF PROPOSED CORRECTED PROPERTY FINAL FINAL OWNER AND PROPOSED CONDITIONAL CORRECTED CONDITIONAL DESCRIPTION FINAL DEFICIENCY, FINAL DEFICIENCY, OF PROPERTY ASSESSMENT IF ANY ASSESSMENT IF ANY SEE ATTACHED SCHEDULE OF ASSESSMENTS -2- Ahle", Cooney, Dorweile[ Hayne, Smith 8 Allbee, faxyxrs, Des Moines, Iowa BE IT FURTHER RESOLVED, that the said schedule of assess- ments and accompanying plat, be and the same are hereby approved and adopted; and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess thereof, and not in excess of 25% of the value of the same. BE IT FURTHER RESOLVED, that said assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of 12 percent per annum, the maximum rate permitted by law, from the date of the acceptance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50.00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 1986; succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessments shall be payable at the office of the City Clerk, in full or in part and without interest within thirty days after the date of the first publication of the notice of the filing of the final plat and schedule of assessments to the County Treasurer of Johnson County, Iowa. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said final plat and schedule to the County Treasurer of Johnson County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Iowa City Press Citizen, a newspaper printed wholly in the English language, published in Iowa City, Iowa, and of general circulation in Iowa City, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the Clerk shall also send by certified mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice, all as provided and directed by Code Section 384.60, Code of Iowa. -3- Ahlen, Cooney, Doneelet Hayne Smh b Allbee Lawyers, Des Moines, Iowa BE IT FURTHER RESOLVED, that the Clerk is directed to certify the deficiencies for lots specially benefited by the improvements, as shown in the final schedule of assessments, to the County Treasurer for recording in the Special Assessment Deficiencies Book and to the city official charged with responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective properties under Code Section 384.63 for the amortization period specified by law. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement bonds may be issued and to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this ATTEST: November =4 - 1985. AM... Cooney, Dow ].l Haynie, Smith E Allbee, lawyers, Des Moines, Iowa OA6 CITY OF IOWA CITY CMC CS,TER 410 E. WASWVGTON Si. CWA C(iY. IOWA 52240 (319) 3,56-5000 NOTICE OF FILING OF THE FINAL PLAT AND SCHEDULE OF ASSESSMENTS AGAINST BENEFITED PROPERTIES FOR THE CONSTRUCTION OF THE FY1986 SIDEWALK ASSESSMENT PROJECT, WITHIN THE CITY OF IOWA CITY, IOWA TO THE PERSONS OWNING LAND LOCATED WITHIN THE DISTRICT DESCRIBED AS THE FY1986 SIDEWALK ASSESSMENT PROJECT, WITHIN THE CITY OF IOWA CITY, IOWA: consisting of the properties which are described as follows: Properties in front of which the sidewalk improvements are constructed. The extent of the work completed on the FY1986 Sidewalk Assessment Project, is as follows: Portland Cement concrete sidewalk, four feet wide, four inches thick, with necessary grading, driveway, returns and miscellaneous, removal and replacement in front of properties as shown in the Preliminary Plat and Schedule of Assessments, on the streets following: Hollywood Boulevard - north side 2016 Hollywood Boulevard Capitol Street - west side from Benton Street to C.R.I.&P. Railroad Pleasant Street - east side from Rochester Avenue to Bloomington Street Harlocke Street - south side Rochester Avenue - south side from Post Road to Mount Vernon Drive Benton Street - south side from Mormon Trek Boulevard to Teg Drive Dover Street - west side in front of Mercer Park Bloomington Street - north side from Reno Street east Bloomington Street - south side from Mott Street east Weeber Street - west side from Harlocke Street to Benton Street Weeber Street - east side from Harlocke Street to Benton Street You are hereby notified that the final plat and schedule of assessments against benefited properties within the District described as the FY1986 Sidewalk Assessment Project, for the construction of sidewalk improvements, has been adopted and levied by the Council of Iowa City, Iowa, and that said plat and schedule of assessments has been certified to the County Treasurer of Johnson County, Iowa. Assessments of $50.00 or more are payable in 10 -5- yaq 2 equal annual installments, with interest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assessments, if any, may be levied against the applicable property for the same period of years as the assessments are made payable. You are further notified that assessments may be paid in full or in part without interest at the office of the City Clerk, at any time within thirty days after the date of the first publication of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said assessments are paid in full within said thirty day period, all unpaid assessments will draw annual interest computed at 12 percent (commencing on the date of acceptance of the work) computed to the December 1st next following the due dates of the respective installments. Each installment will be delinquent on September 30th following its due date on July 1st in each year. Property owners may elect to pay any annual installment semi-annually in advance. All properties located within the boundaries of the FY1986 Sidewalk Assess- ment Project, above described have been assessed for the cost of the making of said improvements, the amount of each assessment and the amount of any conditional deficiency assessment having been set out in the schedule of assessments and plat accompanying the same, which are now on file in the office of the County Treasurer of Johnson County, Iowa. For further informa- tion you are referred to said plat and schedule of assessments. This Notice given by direction of the Council of the City of Iowa City, Iowa, as prescribed by Code Section 384.60 of the City Code of Iowa. Clerk of the City of Iowa ity, owa SOM01)LI7 OF ASSESSKNT FOR SIDEWALK PROPERTY FY86 SIDEWALK ASSFS.S'4ENT PROJECT Sheridan Avenue- South Side from Seventy West to Oakland NANE DESCRIPTION I. John R. Van Ileal Holly R. Canwlluu x Jut 22, Block 13, Rundell Addition 2. J. Allen 6 Violet K. Mulford Lot 18, Block 6, Rundell Addition aka 1417 Sheridan 3. Sandra L. Smith East 40' of the North 125' of Lot 1, Block 6, Rundell Addition 4. Elizabeth Robertson North 12S' of Lot 1, Block 6, Rundell Addition except -0- the East 40 thereof S• AdvaanceeddDrContract s ste Drainage system Commencing at a Point where the north boundary of the Chicago, Rock Island 8 Pacific RailwayCompany' of way intersects the west boundary othe EastsHalfh un(Ell) Of the Northwest Quarter (NWy) of Section 14 T ownshi 79 North, Range 6 West of the 5th P.M. runningnce north along the said west boundary approximately 630 feet to the south boundary of Sheridan Avenue in Iowa City, Iowa; thence easterly in the direction of the south boundary of Sheridan Avenue produced 400 feet; thence southerly in a direction which makes an angle of deflec- tion to the right of way 82 degrees with the south boundary of Sheridan Avenue above described, thence southerly along such course to its intersection with the north boundary of the Chicago, Rock Island 6 Pacific Railway Company's right of way; thence along said right of way in a northwesterly direction to the Place of beginning. Also, commencing at a point where the north boundary of the Chicago, Reck Island $ Pacific Railway Company's right of wa intersects the west boundary of the East Half (Ey of the Northwest Quarter (NW4) of Section 14, Township 79 North, Range 6 West of PROPERTY ESTIMATED FINAL, VALUATION ASS1:S3,0ff ASSES9,074T $ 38,590 $2,134.35 $ -0- 73,950 1,758.70 -0- 41,030 682.99 -0- 36,450 785.44 -0- SCIMDUL6 OF ASSESSMENT FOR SIDEWALK PY86 SIDEWALK ASSESgMa PROJECT Sheridan Avenue - South Side from Seventh West to Oakland , NAS DESCRIPTION VALUATION ASSES904T FINAL (legal description eont'd.) the 5th P.M., running thence north along the said west boundary approximately 630 feet to the south boundary of Sheridan Avenue, thence westerly following the south line of Sheridan Avenue 30 feet; thence Southerly parallel to the said east line of the West Half (Wy) of the North- west he saaidrrailwaay rightdof wary; Secionthence southeaster14 to the north ly along said right of way to the place of beginning sub- ject to an easement for road purposes and excepting therefrom the following: Commencing on the south line of Sheridan Avenue, Iowa City, Iowa, 102.70 feet east of the east line of the West Half (Wy) of the Northwest Quarter (NW%) of Section 14, Township 79 North, Range 6, West of the 5th P.M.; thence south parallel with the east line of said West Half (Wy) of the Northwest Quarter (NW4) of Section 14, 150 feet; thence east parallel with the south line of said Sheridan Avenue 50 feet; thence north parallel with the said east line of the West Half (Wy) of the Northwest Quarter (NW4) of Section 14, 150 feet to the said south line of said Sheridan Avenue; thence west along the south line of said Sheridan Avenue 50 feet to the place of beginning, subject to easements of use and record, restrictions and covenants of record, according to the plat thereof recorded July 25, 1959 in Plat Book 2, page 72A, Records of Johnson County, Iowa. $ 613,047 E 51959.10 j -0- 11, NAME 6, lows-I111mis GIB 6 Electric SCHEDULE OF ASSESSMENT FOR SIDEWALK FY86 SIDEWALK ASSESSMENT PROJECT DESCRIPTION Connencing on the south line of Sheridan Avenue, Iowa City, Iowa, 102.70 feet east of the east line of the West Half (Wy) of the Northwest Quarter CNVde) of Section 14, Township 79 North, Range 6, West of the Sth P.M.; thence south parallel with the east line of said West Half (h%) of the Northwest Quarter (NA) of Section 14, 150 feet; thence east parallel with the south line of said Sheridan Avenue SO feet; thence north parallel with the said east line of the West Half M) of the Northwest Quarter (NWy) of Section 14, ISO feet to the said south line of Sheridan Avenue; thence west along the south line of said Sheridan Avenue SO feet to the place of beginning. PROPERTY ESTIMATED FINAL VALUATION ASSESSYM ASSESS? N s' FF �' 1 $ 15,000 $ 678.84 {, •. jRR U„ 4 .. •. "+: � � ,fix'" �' - xf � i�' Mt 1 • f Y 4M +fir! 1� •' + rti s .t A' i 0 <7 ♦ F. s i �n iW F aKb,�ti*F~p�"-V'�`se+��x� �Nn��b�u '�+' 1'• P it+i, (�•y'�}� ��. l ! k r+f Y y I FL"ct y � ;�b'� l� ter. �•'t�r 3`.<iy �J 1� '� r z. � r;; Ift . •'tft (yS 3i. r f �4r,1',rr �t `y4l z � .�{ u _ •1 ` 6'_S'}1(rS�YI•ftt4�,te.d`,.r �"y, p ':t (x `1 ''K.� �. • •• 1 ..F ,8zt[tFl „♦ tA.:N�alrn` ♦ .n :.d � �. fi�: . t t yr >�-"� + SOMLE OF ASSESSMFM FOR SIDEWALK PY86 SIDEWALK ASSEE.SS04T PROJEa ftdgMd - North Side on Lot 2 Faitmeadows 1st Unit NAS DESCRIPTION PROPERTY ESTIMATED VALUATION ASSESSffNT ASSESSMENT N. FF 11 Lot 2, Block 2, Faitmeadows 1st Unit $ 47,030 $ 1,054.15 $ _0_ ow, SCHEDULE OF ASSESSMENT FOR SIDEWALK FY66 SIDEWALK ASSESSMENT PROTECT Cilpitol Street - West Side from Benton Street North to Railroad Tracks PROPERTY ESTIMATED FINAL NAME DESCRIPTION VALUATION ASSESSMENT ASSEssmarr 1. Chicago, Rock Island 4 Pacific The East 4 of Block 25, County Seat Addition $ 96,000 S 1,216.77 S487.87 Railroad 1. Richard W. 4 Helga M. Johnson Lot 2, Block 15, County Seat Addition 20,000 556.79 -0- 3. Richard W. 4 Helga M. Johnson Commencing at the southeast corner of Lot 1, Block 15, County Seat Addition, POINT OF BEGINNING; thence Westerly along the south line of said Lot 1 for a distance of approximately 150 feet to the southwest corner of said Lot 1; thence Northerly along the westerly line of said Lot 1 for a distance of approxi- mately 20 feet; thence North 770 East, more or less, — for a distance of approximately 155 feet to the east line of said Lot 1; thence Southerly along the east line of said Lot 1 for a distance of approximately 40 feet to the POINT OF BEGINNING; 0.10 acre, more or less. 15,000 286.83 -0- �`o SO ULB OF ASSBSNMS FOR SIDEMU FY86 SIDEWALK ASS&%%. pRDdECr --------"• VALUATION A$SFS9�>FNI rJngJ, I. TOW C. 6 Linda L. Fisher Lot 1, Block 3, Pleasant place Addition S 44,570 $ 958.32 S _o_ C] 91 LI SC7M ULE OF ASSESSA W FOR SIDEWALK FY86 SIDEWALK ASSESSMFM PROJECT Pleasant Street Itlest Side from kochester to Bloomin ton NAME 9ESCRIPfION PROPEMY MMATED FINAL VALUATION ASSFSy' M ASSES94M Aria Q. 6 Antonia Kroeze The East 7S' of Lot 2, Block 2, Pleasant Place Addition $ 37,500 $ 974.29 S -0- Aria Q. E Antonia Kroeze The Bast 75' of Lot 3, Block 2, Pleasant Place Addition 37,500 974,29 _p- Arle Q. 8 Antonin Kroeze Lot 1, Block 2, Pleasant Place Addition 99,220 974,29 -0- V) SOMIULE OF ASSESSttENr FOR SIDEWALK Ilerlecke Street -North Side on Lot 16 _ _ PY86 SIDEWALK ASSESSWc pR=cr NAME DESCRIPTION Kenneth E. 6 Shirley A. Ranshaw Lot 16, Weeber's 2nd Addition [0 PROPERTY ESPIM4TED FINAL VALUATION ASSESS.MT ASSES9EXr $ 12,240 $ 1,389.56 S -0- NAM 1. Willi= H. 8 Judith P. )(link SCF'au OF ASSES-9CNT FOR SIDEWALK FY86 SIDEWALK ASSESgen pR=CT DESCRIPTION PROPERTY P.STIMATED VALOATioN ASSB&T4 T Lot 19, Weeber's Ind Addition $ 73,920 $1,911.98 FINAL. ASSES,T,TM $ '0' 2. \ SCFiBDlE.6 OF ASSESSMENT FOR SIDEWALK FY86 SIDEWALK ASSESSMENT pROJECT sna tar Ava-South Side from Post Road to Mount Vernon Drive NMB DESCRIPTION Frank i Mary Lutilla Boyd Part of the Sy of the ing South or Rochester Avenue,oEastcof Tudor tion 7Park 9-6 1Addition, North and West of Washington Park Addition. Beginning at a point on the west line of the east half of the northwest quarter of Section 12, Township 79 North, Range 6 West of the Sth P.M., on the south right- Cmi %4,�,,,.-. of -way line of Rochester Avenue, which point is 22.76 feet north of the northeast corner of the southwest • quarter of the northwest quarter of said Section 12, thence southeasterly along said south right-of-way line of Rochester Avenue to an iron Pin which lies south 62 degrees 15 minutes 50 seconds east 200 feet from the lroint of beginning, thence south 27 degrees 14 minutes 10 seconds west 182.90 feet, thence north S9 degrees 12 minutes 20 seconds 'west to the west line of the east half of the northwest quarter of said Section 12, thence north 200 feet to the point of beginning, and also an easement for Sanitary Sewer as set forth in the Easement recorded May 16, 1979 in Book 543, page 378 in the Office of the Recorder of Johnson County, Iowa• kGN:�.�?r. ea PROPERTY VALUATION $ 153,520 ESTIMATED ASSE..W4ENr $11,792,08 118,410 3,610.35 FINAL ASSESS? -TM f 6,451.07 -0- I .r SOIEDULE OP ASSESSMENT FOR SIDEWALK FY86 SIDEWALK ASSESSMENT pROJECT � - Rochester Avwm - South Side from post Road to Mount Vernon Drive NMi8 DESCRIPTION PROPEKTY ESTIMATED NAL 3' VALUATION ASSESSMENT ASSEIS94NT A .1&&dV AC tJ1�.&A- A Tract of land in the Southeast Northwest Quarter Quarter «) of the Qua (NW4) of Section 12, - `Cir%oy .Q.,.t Township 79 North, Range 6 West of the Sth P.M., .&L �t�,.. more particularly described as follows: Beginning at the Northwest comer of Lot 149, Washington Park Part VII, an addition to the City of Iowa city, Iowa, as recorded in Book 11, Page 19 of the Johnson County, Iowa, Recorder's Office; thence N85 54' 40" W. 65,32 feet; thence N58 34' 20" W, 86.16 feet; , thence N4 05' 20" E, 33.77 feet; thence SS8 34' 20" E, 159.70 feet to the Northwest corner of Lot 149 and the Point of beginning. ng, S 4, rawaiL Commencing at the Northeast corner of the Southwest 128 ,940 $3,491.98 i _0_ . ' 07,9uaNterof Northwestiter o f r westh Quartertion 12 T0" l 6tw thence W 177,24 feet; thence S S9 -12'-20" •,e, R3+.� E 368.75 feet to the point of beginning; thence N 40 -44' -SO" E 143.00 feet to the proposed south right-of-way line of Rochester Avenue; thence Southeasterly along the Propped tE to an ironiwhich .' S-S1'r23^5 of thelast described Point; thence Southeasterly along a curve concave Southwesterly with a radius of 1S.00 feet and whose 20, 3; feet chord bears S 080-15'-15" E. thence S 34 -?n' -SZ" W 18.44 feet; thence Southwesterly along 0 curve. concave Southeasterly with a radius of 286.47 feet and wh8se 89,00 feet chord bears S 25 -24'-38" W; thence N S9 -12'-20" W 167,81 feet to the point of beginning, together with an easement for egress and ingress over the tract lying between the above and anscribed easementrforrutil andd/ooretraansmiss on)linesoover •� 'r S r �rA• , r. ? 4,' r r. • -,.. d��.� a_ , 5-F .dJ. #ti.;td cr lt:tr4uta''tn n {feiy...a�ta,.r. ;3.. _ ,r. .a>: .r SCREDULB OF ASSESS6¢M' FOR SIDEWALK FY86 SIDEWALK ASSFSSMEM' PRQIRCI NAM DESCRIPTION (legal description cont -d.) the west five feet and the south 5 feet to the above described property. Excluding therefrom the following: A tract of land in the Southeast quarter (SFk) of North- west quarter (M%%) of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian more particularly described as follows: Beginning at the Northwest corner of Lot 149, Washington Park Part VII, an addition to the City of Iowa City, Iowa as recorded in Book 11, Page 19 of the Jonson County, Iowa. Recorder's Office; Thence S65 28101"E, 164.71 feet to a point on the Westerly Right -of -Way line of Mt. Vernon Drive; Thence Southwesterly 20.00 feet along a 286.47 foot radius curve, Soncave Southeasterly, whose 20.00 foot chord bears S19 011401W, to the Northeasterly corner of said Lot 149; Thence N58039114"W, 167.81 feet along the Northerly line of said Lot 149 to the Point -of -Beginning. Said tract of land containing 0.04 Acres. PROPERTY ESTIMATED FINAL VALUATION ASSrSq.ENT ASSES94 W $ 124,140 $ 3,126.99 $ -0- 34 S00"- .E OF ASSM94 NT FOR SIDEWALK FY86 SIDEWALK ASSESSMENr PROTECT NAM DESCRIPTION PROPERTY ESTIMATED FINAL VALunroN ASSESSMENT ASSE&9,Fm C+rMt 8lirabeth Barber The West Five and one-quarter Fifteen 15) acres of the NorthSHe)lferes of the Past Quarter %)) of the Southwest if A) of the Northeast ion Seventeen (17), Township 79 North, Range 6, ofof the5th P.M. Also commencing at the Northwest corner of the Northeast Quarter of the Southwest Quarter of Section 17, Township 79, North, Range 6, West of the Sth P.M.; thence South Forty (40) rods; thence East Eighteen (18) rods; thence North Forty (40) rods; thence West Eighteen (18) rods to the place of beginning, containing Four and One -Half acres, more or less, subject to any easements or liens for pipe or telephone lines. $ 50,000 $ 4,165.86 S 2,790.77 C4 Hazel H. Fritze Lyle C. 4 Carolina A. Seydel Fred W. 4 Aurelia A. Stelpflug Rick S. 4 BMia L. Magary Dale R. 4 Maxlne E. Hammer Reggie H. 4 Sylvia Stevens Cerl 4 Frieda Chadek Martha A. Wyjack H.ry Ross Stephen S. 4 Wry P. Held SCIQ3DULE OF ASSESShiFTff FOR SIDEWALK FY86 SIDEWALK ASSESS.B;Nr PROJECT DESCRIPTION Lot 8, Block 52, East Iowa City Lot 7, Block 52, East Iowa City Thu East 1401 of Lot 9, Block 39, East Iowa City except the East 20' The South 150' of Lot 11, Block 39, East Iowa City The Southerly 15o, of Lot 12, Block 39, East Iowa City Commencing at a point on the northerly line of Friendship Street, 446 feet southeasterly from the suthwes Of Lot 9, Block 39, East Iowa City, Johnsoon Countt y,corner Iowa, according to the recorded plat thereof, thence northeasterly parallel with the east line of Garden Street, southeasterly along the othe south line oth line of the f said alllic ey�tohthee northeast corner of Lot 30 in said Block 39, thence southwesterly along the easterly line of said Lot 30 to the southeast corner of said Lot 10, thence d Lot esterly along the northerly line of Friendship Street to the Place of beginning. Lot "A", Factory Reserve in East Iowa City Lot 5, Block 22, East Iowa City Lot 5, Block 19, East Iowa City West 701 OR Lot 4, Block 19, East Iowa City PROPERTY VALUATION ESPDMTED ASSESSMENT FINAL 40,000 7,189.26 ASSFS%,eZ $ 58,300 $ 3,312.85 4 -0- 89.550 2,404.44 -0- 71,080 2,919.80 -0- 43,850 1,988.65 -0- 52,640 1,988.65 -0- 75,920 2,652.45 -0- 40,000 7,189.26 -0- 44,230 3,316.18 -0- 47,900 2,404.44 -0- 45,190 865.60 -0- I i NAME IGYnmW F. { Doris M. Burger, Contract to: Thiry -Shu { Judy C. Hu 12, Mayne { Goldie May Csrdner 11, Ea �el'f sex C.t; n��.l.(ii'rl LTL 1113If S' "' r /Mv t rt. -=L.. . . SC!1HDULE OF ASSESSMENT FOR SIDEWALK FY86 SIDEWALK ASSESSV..NT PROTECT DESCRIPTION East 80' of Lot 4, Block 19, East Iowa City South 60' of Lot S, Block 2, East Iowa City Lot 4, Block 2, East Iowa City except the North-201- thereof-. PROPERTY VALUATION $ 22,280 ESTIMATED ASSES%ENr $ 1,282,37 41,180 2,083,85 FINAL $ -0- 37 Urrr 110 B. Gap Michael D. Callahan 4 Iklen M. Callahan Life Estate Vicki S. Curran Vincent 6 Ruth Murphy Erick Lynes Regina Mottet Michael Jay 6 Amy Kraft Kolen Gerald L. Schap 6 1118118 E. Newkirk SGUMULE OF ASSESS= FOR SIDEWM FY86 SIDEWg X ASSESSMENT ppAMCr DESCRIpfION Lot 5, Block Sl, East Iowa City Lot one (1) in Block fifty-one (S1) in East Iowa City, Johnson County, Iowa, according to the recorded Plat thereof, except crnmencing at a point of intersection of the southerly line of Friendship Street with the easterly line of the alley running northeasterly and southwesterly through said Block 51, running thence southwesterly along the easterly line of said alley, 69.7 feet, more or less, to the southwest corner of said Lot 1, thence southeasterly along the southerly line of said Lot 1, 61.9 feet, thence in a northeasterly ofdirection Friendship 3Streetft t whico a hipoint isnton e58o4tfeet yeasterly from the point of beginning, thence westerly along the southerly line of Friendship Street 58.4 feet to the point of beginning. Beginning at the NW corner of Lot 1, Block 51, East Iowa City thence South 69.71; Southeast 61.91; Northeast 92.3'; West 68.41. Lot C. Critel's Subdivision of Lots 9 g 10, Block 40, East Iowa City Lot 1, Block C, East Iowa City Lot 2, Block C, Best Iowa City Lot 3, Block C, East Iowa City Lot 4, Block C, East Iowa City PROPERTY ESTIMATED FINAL VALUATION ASSESqdNr ASSF-%%U r $ 59,830 $ 2,540.67 $ -0- 62,300 819.05 -0- 64,050 777.30 -0- 60,190 931.47 -0- 51,330 4.S5S.31 -0- 45,120 1,124.19 -0- 55,030 963.59 -0- 49,750 802.99 -0- I F771 Dale M. { Eleanor Kelt �'�• Mary 1 Alice Neal, Contact to: Patricia Ro{neaa SQ@DU1.B OF ASSESS M FOR SIDEWALK PY86 SIWWALK ASSP•SS.ENT PROJECT DESCRIPTION Lot 9, Block 36, East Iowa City East y of Lot 1, Block 3, East Iowa City PROPERTY ESTIMATED VALUATION ASSPS,SdNr $ 8,320 50,200 3 1,622.05 2,315.88 FINAL ASSESS'eff $ -0- -0- 43 SOR:DDIIi OF A.SSFSS HbTr FOR SIDEWALK FY86 SIDEWALK ASSESSMENT PFi1IECr Bloomington Street - North Side fret Reno East on Various Lots PROPERTY ESTIMATED FINAL -- NAME DESCRIPTION VALUATION ASSES9+IFNr ASSESSMENT 1. Jsmee.J UA j- Wtlir. ! S/"S /v,�, trdt. �i... 1 t. Orlin Wane Brenneman 8 Batty Jean Reher 4. Bessie Frauenholtt 5. Edwin J. 4 Constance J. Kinney O�. Michael D. 6 Kathy S. Kyte 7. Edward J. 6 Twylm M. Roskup Lot 1, Irish% Extension-to.Voodla Addition -except _ 1'hn Fact 171 Fen. 77.e w..... 7c1 Of .1.., c..m. 91r of Lo",-.Iwish's Extension to Wood - Addition Lot 6, Block 1, Pleasant Place Addition Lot 7, Block 1, Pleasant Place Addition Lot S. Block 1, Pleasant Place Addition Lot 9, Block 1, Pleasant Place Addition Lot 30, Block 1, Pleasant Place Addition R. Mary P. Rocco East 4 of 18' wide alley running N -S in Block 1, Pleasant Place Addition 'n. Riry P. Rocco Lot 31, Walden's Subdivision of Irish's Tract 10 Tat 77 w 'A—'- Subr111 leio4 i Tri.cb,s�T a._ 11 Cory J. 9 Janet B. roett Lot 26, Walden's Subdivision of Irish's Tract .5-69.2.1D• $ -1,482+3b S -0- 67 ?In Srl74.b2 -0- 27.420 1,490.60 -0- 49,940 858.09 -0- 52,670 858.09 -0- 51,040 1,501.92 -0- 45,420 -4rsft,ft� -0- f.7 ft,( z 10,000 96.73 -0- 66,700 386.92- -0- 17 nnn 1 17n 17. -0- 17,000 1,093.67 SCHEDULE OF ASSESW.NI FOR SIDEWALK FY86 SIDEWALK ASSFSSbM PROJECT NAME DESCRIFfION 1. Frank J. Jr. 6 Fannie A. Chervinka Out Lot A, Walden's Subdivision of Irish's Tract Contract to: David A. 6 Rita K. Frantz 2. Leona Hendrix 8 East S' of Lot 2, Rose Hill Addition Dorothy Bell I. Leonn Hendrix 6 The West 28.3' of Lot 3, Rose Hill Addition Dorothy Bell 4. Tomw C. 6 Linda L. Fisher Lot 1, Block 3, Pleasant Place Addition 44 PROPERTY ESTIMATED FINAL VALUATION ASSESSMENT ASSESS,15D• $ 5,020 $ 1,804.96 S -0- 10,000 251.27 -0- 39,040 1,005.07 -0- 44,S70 1,925.29 -0- SOB;WI.E OF ASSFSSMF.NI' FOR SIDEWALK PY86 SIDEWALK ASSMWNT PROJF.Cr Weeeber —Street - Bast Side from Benton Street South to Existing Sidewalk NAME DESCRIPTION PROPEITY VALUATION Marte F. SeVCIk Cale Commencing at the concrete monument at the SIV corner of the NWy of Sec. 16, Twp. 79 N.R. 6 W. of the Sth P.M. thence N. 304.3 feet to the S right of way line of W. Benton Street; thence S. 88 deg. 53 min. E. 793.8 feet along the right of way line to an iron pin; thence continuing S. 88 deg. S3 min. E. 223.6 feet to an iron pin on said right of way line which is the place of beginning of the tract herein described; thence S. 88 dei;. 53 min. R. 75 feet to an iron pin; thence S. I degree 46 mill. IV. no feet to an iron pin; thence N. 88 deg. 63 min, W. 75 feet to an iron pipe; thence North 1 deg. 46 min. 1.. 150 feet to the point of beginning. S 60,820 ESTIMATED ASSFSS-OlT $ 4,307.79 47 FINAL. ASSFS90ff S -o- l NUE 1. RobM D. 6 Anita M. thrig Perpetual Savings 6 loan Assoc. Contract to: Bruce S. Hong David C. 6 Anne E. McLaughlin SCIEDULP OP ASSP.S94 T FOR Simmix IY86 SIM -WALK ASSESSMENT PROJECT DESCRIPTION Commencing at the southwest corner of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th F.M.; thence north 304.3 feet; thence south 880 S3' hast 875.6 feet to the point of beginning of Sn 11rF to be described w 11 88 53, East 81.8 feet; thence lic South1 46'�iWest 150 fe% thence North 88 53' West 81.8 feet; thence North 1 46' East 150 feet to the point of beginning. This tract also described as being Lot 2 of the O'Brien Sulaiivision, being n part of the west half of Section 16, Tmanship 79 North, Range 6 West of the Sth P.M., •lohnson County, Iowa, as per the plat recorded in Plat Book 4, Page 366, Plat Records of ,Johnson Comfy, Iowa. Commencing at the concrete monument at the Southwest corner of the NWy, Sec, 16, Twp. 79N, R. 6 West of the 5th P.M.; thence North 304.3 feet to the South bight of way line of West Benton Street; thence South 88 53' East 793.8 feet aloBg right of way line to an iron pin; thence South 1 46' West 150 feet to the point of beginning of the tract herein described; thence South 880 53' Fast 163.66eet; thence South 1 46' West PO feet; thence North 88 53' West 163.6 feet; thence North 1 46' East 80 feet to the point of beginning. Lot 4 in O'Brien Subdivision of part of the west half of Section 16, Township 79 North, Range 6 West of the 5th P.M., Phase One, as recorded in Plat Book 4, page 366. PROPERTY VALUATION i 70,500 ESTIMATED ASSESSMENT f 2,141.58 48 FINAL ASSESS'•ENl' $ -0- 68,300 1,135.68 -0- 60,530 697.64 -0- SCHEDLU OF ASSES94FNf FOR SIDEWALK FY86 SIDEWALK ASSESSMENT PROJECT Ti NAME DESCRIPTION PROPERTY VALUATION ESTIMATED ASSES,gHE1,rT FINAL ASSESSMENTI. Iowa City Independent School District Commencing at the Southeast comer of Section 11, Township 79 North, Range 6 West of the Sth P.M., thence North along the East line of said Section 11, to the South line of Bel Air 6th Addition to Iowa City; thence West along said line 602.4 feet to an iron pin; thence South to the South line of said Section 11; thence East along the South line of said Section 11, 602.0 feet to the point of beginning excepting easements for road purposes on the south and east sides thereof. 2. City Development Co., Inc. Lot 12, Sixth Addition to Bel Air Addition E 50,000 E 21,669.62 E -11- 3. City Development Co., Inc. Lot 11, Sixth Addition to Bel Air Addition 17,000 1,588.47 -0- 4. City Developoent Co., Inc. Lot 10, Sixth Addition to Bel Air Addition 17,000 1,763.03 -0- S• George F. Sterba 17,000 3,072.21 -0- Beginning at a point 40 feet west and 21.71 feet north of the sixit1wast corner of Section 11, Township 79 North, Range 6 West of the Sth P.M., thence North 211.75 feet, thence West 447.5 feet, thence South 211.75 feet, thence East 447.5 feet to the place of beginning. 17,360 3,683.16 -U- a SCIIEDULE OF ASSP_SShII-M FOR SIDEWALK FY86 SIDEWALK ASSESSMENT PROJECT First Avenue - Nest Side from Court Street to Rochester Avenue QI DESCRIPTION PROPERTY FSTIMATF.D FINAL. ' — — VALUATION A.SSESSMFM ASSES94-M' Ilawkeye Real Estate Investments CO - 1/t; Keith South 480 feet to the following: Beginning at a -The M. 1Y 6 point where the center line of Rochester Avenue inter- sects the center line of First Avenue as originally located, in Iowa City, Iowa, and which point is 20 feet west and 3491.5 feet north of the southeast corner of Section 11, Township 79 North, Range 6 West Of the 5th P.M., thence South 1083.95 feet to a fence comer, thence South 89031'10" West 445.88 feet abong the fence line to a fence corner, thence North 0 56'20" West 861.23 feet along the fence line to the center of Rochester Road, thence northeasterly ' along the center line of Rochester Avenue to the place of beginning. $1,617,540 S 7,296.51 S -0- Bruce R. Glasgow, Frank Boyd f, Beginning at a point where the center line of Rochester John Rummelhart Avenue Intersects the center line of First Avenue, as originally located, in Iowa City, Iowa, and which point is 20 feet west and 3491.5 feet north of the southeast corner of Section 11, Township 79 North, Range 6 West of the 5th P.M., thence south 1083.95 feet to a fence corner, thence south 89 degrees 31 minutes 10 seconds west 445.88 feet along the fence line to a fence corner, thence north 0 degrees 56 minutes 20 seconds west 861.23 feet along the fence line to the center of Rochester Avenue, thence northeasterly along the center line of Rochester Avenue, thence northeasterly along the Venter line of Rochester Avenue to the place of beginning; Excepting therefrom the south 480 feet thereof; and also excepting therefrom that part thereof platted as Wicks Subdivision to City of Iowa City, Iowa, according to the plat thereof recorded in Plat hook 8, page 29, Plat Records of Johnson County, Iowa, and also excepting the right of way of Rochester Avenue and of First Avenue in Iowa City, Iowa, subject to easements of record. 18,000 6,598.27 -0- RESOLUTION NO. 85-336 RESOLUTION ESTABLISHING A LANDFILL USE FEE. WHEREAS, Resolution No. 83-134 established a landfill use fee; and WHEREAS, the State of Iowa has mandated a fee of 25t per ton of solid waste disposed at landfills be paid by the landfill to the State; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: In order to recover the State mandated fee, the use fee for the Iowa City sanitary landfill shall be $7.75 per ton of solid waste with a minimum charge of $1.00. This fee shall become effective January 1, 1986. It was moved by Erdahl and seconded by tion be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 19 ATTEST: [oil U ABSENT: Strait the Resolu- AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER November , 1985. Received & APP. -'V%1 --- By ha Legal Deparinxnt II 12, y RESOLUTION NO. 85-337 RESOLUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING INSPECTION SERVICES DEPARTMENT: 1. Fees for certificates of structure compliance and rental permits as part of the Iowa City Housing Code. 2. Examination fees, licensing fees and permit fees for the Iowa City Plumbing Code. 3. Examination fees, licensing fees and permit fees for the Iowa City Electrical Code. 4. Building permit, plan checking and demolition permit fees for the Iowa City Building Code. WHEREAS, the City of Iowa City Housing Code provides for inspection and licensing of all multiple dwellings, rooming houses, duplexes, and single-family rental dwellings; and WHEREAS, the City of Iowa City conducts examinations and licenses electricians and plumbers; and WHEREAS, the City of Iowa City reviews plans and issues building, plumbing and electrical permits for construction, and issues demolition permits to assure proper and safe demolition and disposal of rubble from buildings and proper removal of utility connections; and WHEREAS, the payment of the aforementioned fees is necessary to offset the administrative costs of such activities; and WHEREAS, it is in the public interest to exempt other governmental agencies from the payment of permit fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: The attached fee schedules for the aforementioned services and activities of the Iowa City Housing Inspection Services Department shall be adopted and effective January 1, 1986. 196,3 E It was moved by Erdahl and seconded by Strait tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 19 ATTEST: CITY CLERK the Resolu- Received & Approves By The legal Department i% 2 1 KA FEES FOR CERTIFICATES OF STRUCTURE COMPLIANCE AND RENTAL PERMITS AS PART OF THE IOWA CITY HOUSING CODE. The Rental Permit fees and one-time Certificate of Structure Compliance fee for licensing multiple dwellings, rooming houses, duplexes, and single- family rental dwellings shall be as follows: Certificate of Structure Compliance - $40.00 per structure Rental Permit - $40.00 per structure plus $8.00 per rooming unit or dwelling unit contained within the structure. Rental Permit fees shall be collected simultaneously with, and no more frequently than, the inspection of the premises, the frequency of which shall be set by resolution of the City Council of Iowa City, Iowa. Reinspections - $15.00 each EXAMINATION FEES, LICENSING FEES AND PERMIT FEES FOR THE IOWA CITY PLUMBING CODE. The fees for examinations and licenses shall be as follows: If a special meeting of the Board of Plumbing Examiners is held to conduct examinations, a double examination fee shall be assessed. The requirement of payment of the annual fee is due the first day of the calendar year. An applicant shall pay the following fee at the time of issuance of the permit: PLUMBING PERMIT FEES 1. Fixture, traps, or openings First $ 6.00 2-10, each 3.00 11 of more, each 2.00 2. Water softeners and heaters, and all other water connected appliances not connected to a sanitary sewer 50 gallons or less 3.00 More than 50 gallons 5.00 Y6_5 Examination Reinstatement Fee Annual Fee Fee Master Plumber's License $80.00 $35.00 $45.00 Journeyman Plumber's License 40.00 20.00 30.00 Sewer & Water Service License 20.00 20.00 30.00 Inactive License 0 10.00 0 If a special meeting of the Board of Plumbing Examiners is held to conduct examinations, a double examination fee shall be assessed. The requirement of payment of the annual fee is due the first day of the calendar year. An applicant shall pay the following fee at the time of issuance of the permit: PLUMBING PERMIT FEES 1. Fixture, traps, or openings First $ 6.00 2-10, each 3.00 11 of more, each 2.00 2. Water softeners and heaters, and all other water connected appliances not connected to a sanitary sewer 50 gallons or less 3.00 More than 50 gallons 5.00 Y6_5 F: 3. Building sewer and/or water service 15.00 4. Non-residential installations: Value of Plumbing work $1 - $1,000 15.00 Each additional $1,000 or fraction thereof 10.00 5. Minimum fee for any permit 15.00 6. Reinspections 15.00 each 7. Inspections outside of normal business hours (minimum charge - two hours) 15.00 per hour 8. Where work for which a permit is required by the Plumbing Code is started prior to obtaining said permit, the Plumbing permit fee shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of the Plumbing Code in the execution of the work nor from any other penalties prescribed herein. Governmental agencies are exempt from the plumbing permit fees required herein; provided however, the agencies will be required to pay the actual costs incurred by the City of Iowa City. 3. EXAMINATION FEES, LICENSING FEES AND PERMIT FEES FOR THE IOWA CITY ELECTRICAL CODE. The fees for examination and licenses shall be as follows: The requirement of payment of the annual fee is due the first day of the calendar year. An applicant shall pay the following permit fee at the time of issuance of the permit: ELECTRICAL PERMIT FEES 1. One meter setting $ 4.00 Two meter settings 6.00 Each meter setting in excess of two 2.00 Temp. service with total permit 8.00 Temporary Service 15.00 Examination Annual Reinstatement Fee . Fee Fee Master Electrician's License $ 80.00 $ 35.00 $ 45.00 Journeyman's License 40.00 20.00 30.00 Maintenance Electrician's License 20.00 20.00 30.00 Restricted Electrician's License 20.00 20.00 30.00 The requirement of payment of the annual fee is due the first day of the calendar year. An applicant shall pay the following permit fee at the time of issuance of the permit: ELECTRICAL PERMIT FEES 1. One meter setting $ 4.00 Two meter settings 6.00 Each meter setting in excess of two 2.00 Temp. service with total permit 8.00 Temporary Service 15.00 4. 3 2. Outlets, switches, light fixture opening: 1-30 $ 5.00 each over 31 .20 3. Electrical range, water heater, furnaces, driers, air conditioners, electric signs, or outlets for them. $ 3.50 each 4. Electrical heat per kilowatt $ .75 5. Non-residential installations: Value of Electrical Work Fee ;1.00-#1,000 $15.00 Each additional $1,000 or fraction thereof $10.00 6. Minimum fee for any permit $15.00 7. Reinspections $15.00 each 8. Inspections outside of normal business hours (minimum charge - two hours) $15.00 per hour 9. Where work for which a permit is required by the Electrical Code is started prior to obtaining said permit, the Electrical permit fee shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of the Electrical Code in the execution of the work nor from any other penalties prescribed herein. Governmental agencies are exempt from the electrical permit fees required herein; provided, however, the agencies will be required to pay the actual costs incurred by the City of Iowa City. BUILDING PERMIT, PLAN CHECKING AND DEMOLITION PERMIT FEES FOR THE CITY OF IOWA CITY BUILDING CODE. An applicant shall pay the following permit fee at the time of issuance of the permit: BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $ 15.00 $501.00 to $2,000.00 $ 15.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000.00. �5; 4 $2,001.00 to $25,000.00 $ 37.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including 325,000.00. $25,001.00 to $50,000.00 $175.50 for the first $25,000 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $250.50 for the first $50,000.00 plus $2.75 for each additional $1,000.00 or fraction thereof to and including $100,000.00. $100,001.00 to $500,000.00 $388.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof to and including $500,000.00. $500,001.00 and up $1,388.00 for the first $500,000.00 plus $1.50 for each additional $1,000.00 or fraction thereof. OTHER INSPECTIONS AND FEES 1. Inspections outside of normal business hours $15.00 per hour (minimum charge - two hours) 2. Reinspections $15.00 each 3. Inspections for which no fee is specifically $15.00 per hour indicated (minimum charge - one hour) Where work for which a permit is required by the Building Code is started prior to obtaining said permit, the Building permit fee shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of the Building Code in the execution of the work nor from any other penalties prescribed herein. PLAN CHECKING FEES The determination of value or valuation under any of the provisions of the Building code shall be made by the Building Official. The valuation to be used in computing the plan -check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, eleva- tors, fire -extinguishing systems and any other permanent work or permanent equipment. All new construction shall be charged a plan -check fee as follows: 1. For single-family and duplex dwellings the plan -check fee shall be 50% of the building permit fee. 2. Plan -check fees for all other buildings shall be 65 percent of the building permit fees. 3 3. Remodeling or repair work valued at less than $15,000.00 shall not be assessed a plan -checking fee. 4. Additional plan review required by changes, $15.00 per hour additions or revisions to approved plans (minimum charge - one hour). Governmental agencies are exempt from the building permit fees required herein; however, the agencies will be required to pay the plan check fee and all other costs incurred in the issuance of the permit. A plan required )lication for buil If the applicant for a building permit cancels the building permit or the application for same, all plan -check fees assessed to part of the permit application shall be retained by the City. DEMOLITION PERMIT FEES A $15.00 fee shall be assessed for a demolition permit that has been applied for and issued prior to the demolition of a structure or portion of a s ruc ure. demolition work is started prior t lition permit, the I RESOLUTION NO. 85-338 RESOLUTION ESTABLISHING FEES FOR CERTAIN SERVICES PERFORMED BY THE IOWA CITY POLICE DEPARTMENT. WHEREAS, the City of Iowa City Police Department provides certain services other than those duties required by State and municipal law; and WHEREAS, the City Council of Iowa City is desirous of charging fees for such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached schedule of fees for services be adopted and effective January 1, 1986. It was moved by Erdahl and seconded by Strait the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ AMBRISCO x_ MER x DICK. x ERDAHL _x MCDONALD _x STRAIT x_ ZUBER Passed and approved this 19th day ATTEST: November . 1985. Received S, i%pp.cven_ Jay The Legal Dcpurtmcnt rt Iz 8 FEES FOR POLICE DEPARTMENT SERVICES 1. Accident reports: $3.00 per copy 2. Fingerprinting: $4.00 per set 3. Escort services (excluding funerals): $15.00 per unit each day assignment of 30 minutes or less, plus $15.00 for each additional 30 minutes. 4. House and building moves: $20.00 for each officer per hour plus $7.50 per hour for each police vehicle, with a minimum two-hour charge for each officer and vehicle. 5. Impoundment fee: vehicles impounded for violations of traffic and parking ordinances on public and private property: $10.00 per vehicle, plus towing charges and outstanding tickets. 6. Police obtained photographs: $10.00 per each 8° x 10° photo. 7. Polygraph examinations: $75.00 per examination, plus $25.00 per hour preparation time, with a minimum two-hour ($50.00) charge for prepara- tion time. 8. Devices known also as burglary, hold-up or intrusion alarms terminat- ing at the Iowa City Police Department: $3.50 for each alarm per month. Buildings and structures owned and operated by the City of Iowa City, Iowa, whose intrusion alarms terminate at the Iowa City Police Department are exempt from this fee. 9. Excessive false alarms: Regarding devices also known as burglar, hold-up or intrusion alarms terminating at the Iowa City Police Department, of those devices that transmit false alarms, providing for one calendar year that more than five false alarms is excessive, an excessive false alarm fee schedule is established: 5 false alarms in a calendar year, no charge 6th false alarm in a calendar year, $15.00 7th false alarm in a calendar year, $20.00 8th false alarm in a calendar year, $30.00 9th false alarm and each thereafter in a calendar year, $45.00 10. Fee to unlock cars: When police officers perform the service of unlocking a car, a fee of $5.00 will be charged to the person request- ing the service. W M RESOLUTION NO. 85-339 A RESOLUTION ESTABLISHING FEES FOR CERTAIN SERVICES PERFORMED BY THE IOWA CITY ANIMAL CONTROL DIVISION AND LICENSE FEES FOR ANIMALS KEPT BY RESIDENTS OF IOWA CITY. WHEREAS, the City of Iowa City Animal Control Division provides certain services to the community regarding animal control and licenses animals kept by residents of Iowa City; and WHEREAS, the City Council of the City of Iowa City is desirous of charging fees for such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached schedule of fees for services and licensing done by the Iowa City Animal Control Division be adopted and effective January 1, 1986. It was moved by Erdahl and seconded by Strait the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 19th day^of November , 1985. ATTEST: Received & r-.i7t.' By he Legal Dapartment n�zEs FEES FOR ANIMAL CONTROL SERVICES AND ANIMAL LICENSES 1. Reclaim fee for impounded dogs, cats, and other animals: a) First reclaim within a given calendar year: dogs and livestock: $10.00 cats and other pet animals: $5.00 b) Second reclaim within a given calendar year: dogs and livestock: $20.00 cats and other pet animals: $10.00 c) Third reclaim within a given calendar year: dogs and livestock: $30.00 cats and other pet animals: $15.00 d) Fourth and each subsequent reclaim within a given calendar year: dogs and livestock: $40.00 cats and other pet animals: $20.00 2. Boarding fees: a) Dogs and livestock: $8.00 per day b) Cats and other pet animals: $5.00 per day 3. Animal disposal fee for resident and non-resident owners: a) $10.00 per cat, $15.00 per litter of kittens b) $15.00 per dog, $20.00 per litter of puppies 4. Disposal of county strays (Board of Supervisors): $15.00 per animal. 5. Trap rental: $1.00 per day for a maximum of ten days, with a minimum $5.00 refundable deposit. No charge or deposit will be required for cat traps. 6. The license fee for neutered male and spayed female animals shall be $5 per year; the license for unaltered animals of either sex shall be $15.00 per year; senior citizens will receive 50% discount on these fees. gels . 85-3¢o EXTRACOPY Authorization and Issuance Proceedings File No. 4051 (Auth) Iowa City, Iowa November 26 , 1985 The City Council of Iowa City, Iowa, met in special session on the 26th day of November , 1985, at 6:30 o'clock p m., at the Civic Center in the City. The meeting was called to order and there were present McDonald Mayor, in the chair, and the following named Council Members: Ambrisco, Baker, Erdahl, McDonald, Zuber. Absent: Dickson, Strait The Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds, Series 1985 (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000, had, as directed by the City Council, been duly given according to law and a hearing held thereon and the Council authorized the Issuer to proceed with the issuance of such Bonds. Council Member Zuber introduced a Resolution entitled: "Resolution authorizing the issuance and sale of Industrial Development Revenue Bond (Southgate Development Company, Inc. Project) of the City of Iowa City, Iowa, in an aggregate principal amount not to exceed $1,100,000; the execution and delivery of a Lender Loan Agreement with First National Bank, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Southgate Development Company, Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Ambrisc,4 After due consideration of said resolution by the Council, the Mayor put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Nays: Erdahl, McDonald, Zuber, Ambrisco, Baker. None ABS=: Dickson, Strait -1- BELIN. HARRIS. HELMICK. HEARTNEY d TESDELL. LAWYERS. DES MOINES. IOWA Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto.. Upon motion and vote, the m Attest: (Seal) -2- BELIN. HARRIS. HELMICK. HEARTNEY 8 TESDELL. LAWYERS. DES MOINES. IOWA Q/6 85-340 RESOLUTION Resolution authorizing the issuance and sale of Industrial Development Revenue Bond (Southgate Development Company, Inc. Project) of the City of Iowa City, Iowa, in an aggregate principal amount not to exceed $1,100,000; the execution and delivery of a Lender Loan Agreement with First National Bank, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Southgate Development Company, Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters, WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise or nonprofit organization which the City Council finds is consistent with the revitalization plan for an area of the City designated a revitalization area pursuant to the provisions of Chapter 404 of the Code of Iowa, 1985, as amended; and WHEREAS, the Issuer has made the necessary arrangements with Southgate Development Company, Inc. (the "Company"), an Iowa corporation, for the renovation and rehabilitation of the Company's existing 24,500 square foot four story building for use as office and retail space, (the "Project") located at 325 East Washington, which will promote the welfare of the Issuer and its citizens; and kEREAS, the Issuer has determined that the Project is located within Urban Renewal Area of the Issuer and is consistent with the revitalization plan approved for said Area; and WHEREAS, it is necessary and advisable that provisions,;,be made for the issuance of Industrial Development Revenue Bond, Series 1985 (Southgate Development Company, Inc. Project), of the Issuer in an aggregate principal amount not to exceed $1,100,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of September 1, 1985 between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and will be secured as provided by a Lender Loan Agreement to be dated as of September 1, 1985 (the "Lender Loan Agreement") by and between the Issuer and First National Bank, Iowa City, Iowa (the "Lender"). -3- BELIN, HARRIS, HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA �� WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act and Section 103(k) of the Internal Revenue Code, and has determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in an aggregate principal amount not to exceed $1,100,000. The Bond shall be issued in fully registered form, numbered R-1, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and•Bre by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 2 Lender Loan Agreement; Sale of the Bond. Ii4 order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in'the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. The Lender shall be authorized as the Issuer's depository and agent to make advances of not to exceed $1,100,000 to the Company from time to time pursuant to Section 1.04 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. -4- BELIN, HARRIS. HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA 9(0 Section 3. Repayment of Loan. The Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Company to the tender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire and equip the Project and the payment by the Company of an amount sufficient to pay the principal of and premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 5. Statement of Election. The Issuer hereby elects to have the provisions of Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, apply to the Bond, and the Mayor and City Clerk are hereby directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Service. Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 7. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall "for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 8. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. This resolution shall becp�me effective immediately upon adoption. Passed and approved this 26th dely of November 1985 r Attest: City Clerk (Seal) -5- RELIN. HARRIS, HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA cl Ql State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 26th day of November , 1985. &a;a -MP. 7e1�4) City Clerk (Seal) S -C BELIN, HARRIS. HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA �� 9 SS — a y-1 Authorization and Issuance Proceedings Res. TT File No. IDR -4648 (Auth) FOR YOUR RECORDS Iowa City, Iowa November 26 , 1985 The City Council of Iowa City, Iowa, met in special session on the 26th day of November , 1985, at 6:30 o'clock p m. at the Civic Center in the City. The meeting was called to order and there were present McDonald , Mayor, in the chair, and the following named Council Members: Ambrisco, Baker, Erdahl, McDonald, Zuber. Absent: Dickson, Strait The Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds, Series 1985 (The Economy Advertising Company Project) in an aggregate principal amount not to exceed $1,800,000, had, as directed by the City Council, been duly given according to law and a hearing held thereon and the Council authorized the Issuer to proceed with the issuance of such Bonds. Council Member Ambrisco introduced a Resolution entitled: "Resolution authorizing the issuance and sale of Industrial Development Revenue Bond (The Economy Advertising Company Project) of the City of Iowa City, Iowa, in an aggregate principal amount not to exceed $1,800,000; the execution and delivery of a Lender Loan Agreement with Hills Bank and Trust Company providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with The Economy Advertising Company providing for the repayment of the loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Zuber After due consideration of said resolution by the Council, the Mayor put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: McDonald, Zuber, Ambrisco, Baker, Erdahl. Nays: None ABSENT: Dickson, Strait -1- i Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: (Seal) -2- 85-341 RESOLUTION Resolution authorizing the issuance and sale of Industrial Development Revenue Bond (The Economy Advertising Company Project) of the City of Iowa City, Iowa, in an aggregate principal amount not to exceed $1,800,000; the execution and delivery of a Lender Loan Agreement with Hills Bank and Trust Company providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with The Economy Advertising Company providing for the repayment of the loan of the proceeds of such bond, and related matters, WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has made the necessary arrangements with The Economy Advertising Company (the "Company"), an Iowa corporation, for the acquisition by construction or purchase of land, building, equipment and improvements suitable for use as a factory and warehouse which the Company will use for the purpose of manufacturing, processing, storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located at the Northwest corner of the intersection of Heinz Road and the Highway 6 Bypass and is legally described as follows: Lot 4 B D I. First Addition to Iowa City, Iowa, according to the recorded plat thereof within the corporate boundaries of the Issuer; and WHEREAS, it is necessary and advisable that provisions be made for the issuance of Industrial Development Revenue Bond, Series 1985 (The Economy Advertising Company Project), of the Issuer in an aggregate principal amount not to exceed $1,800,000 (the "Bond") as authorized and permitted by the Act -to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of November 1, 1985 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of November 1, 1985 (the "Lender Loan Agreement") by and between the Issuer and Hills Bank and Trust Company (the "Lender"); and -3- g%a WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act and Section 103(k) of the Internal Revenue Code, and has determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in an aggregate principal amount not to exceed $1,100,000. The Bond shall be issued in fully registered form, numbered R-1, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 2 Lender Loan Agreement• Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in -the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. The Lender shall be authorized as the Issuer's depository and agent to make advances of not to exceed $1,800,000 to the Company from time to time pursuant to Section 1.04 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. -4- g �� Section 3. Repayment of Loan. The Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire and equip the Project and the payment by the Company of an amount sufficient to pay the principal of and premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 5. Statement of Election. The Issuer hereby elects to have the provisions of Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, apply to the Bond, and the Mayor and City Clerk are hereby directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Service. Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 7. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 8. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. This resolution shall become effective immediately upon adoption. Passed and approved this 26th y of November 1985. ayor Attest: Z%A�J 7S . yea44.") Cit'y Clerk (Seal) -5- 0 7� RESOLUTION N0. 85-342 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Hawkeye Amusement at 1214 S. Gilbert Sticker No. 000834 in Iowa City, Iowa, has surrendered cigarette permit No. 85-76 , expiring July 1 9 19 86 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette Sticker No. OOQ834 permit No. 85-76 , issued to Hawkeye Amusement dba The American Legion be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of g 75.00 payable- to Hawke a Amusement tic er No. 000834 as a refund on cigarette permit No. 85-76 It was moved by Ambrisco and seconded by Strait that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 3rd Attest: &W;, J -/ :ZoA,% day of December , 198S P75 AYES : Wi. L .i. Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 3rd Attest: &W;, J -/ :ZoA,% day of December , 198S P75 VJ rL` J RESOLUTION N0. 85-343 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Hawkeye Amusement at 1214 S. Gilbert Sticker No. 000817 in Iowa City, Iowa, has surrendered cigarette permit No. 85-145 , expiring July 1 , ig 86 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette Sticker No. 000817 permit No. 85-145 , issued to Hawkeye Amusement dba Golden Coral be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable. to as a refund on cigarette permit No.85-145 Amusement 000817 It was moved by Ambrisco and seconded by Strait that the. Resolution as read be adopted, and upon roll call there were: Passed and approved this 3rd day of December , 1985 L& Mror Attest:�4,A,.d '/ I�LJ Z AYES: NAYS: ter%. Ambrisco X Raker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 3rd day of December , 1985 L& Mror Attest:�4,A,.d '/ I�LJ Z RESOLUTION NO. 85-344 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 or liquor control license, t0 wit: Gabes Inc. dba Gabes, 330 E. Washington It was moved by Ambrisco and seconded by Strait that the Resolution as read be adopted, and upon roll call there were: Attest: 877 AYES: NAYS: ABSENT: Ambrisco x Baker x Dickson x Erdahl X McDonald x Strait x Zuber x Passed and approved this 3rd day of December , 19 85. Attest: 877 RESOLUTION 140. 85-345 RESOLUTION ACCEPTING THE WORK FOR THE MELROSE COURT IMPROVEMENTS PROTECT WHEREAS, the Engineering Division has recommended that the improvements covering the Melrose Court Improvements Project as included in a contract between the pity or Iowa LIty and Metro Pavers Inc. of Iowa City, Iowa dated May 21, 1985 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _ X Erdahl X McDonald X Strait X Zuber Passed and approved this 3rd day of December 19 8S. ATTEST: A,.; d -e- --; , J CITY CLERK MAYOR RESOLUTION NO. 85-346 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF MALL DRIVE SUBDIVISION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Oral-B Laboratories, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the prelimi- nary and final plats of Mall Drive subdivision, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at a Standard Concrete Monument found at the Southeast Corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 West of the 5th Principal Meridian, thence N1038'40"W, along the East Line of said Southeast Quarter, of Section 14, 842.19 feet; thence N63027'10"W, (An Assumed Bearing for purposes of this Descrip- tion only) along the Southerly right-of-way line of the Chicago, Rock Island and Pacific Railroad, 275.82 feet, to a 5/8 inch iron pin with cap stamped S.H.A. found, which is the Point of Beginning; thence continuing N63027'10"W, 1,362.66 feet along said Southerly railroad right-of-way line to a point, thence S46044'101W, 787.31 feet to a Point; thence S44011'20"E, 150.00 feet to a Point; thence S46040'50"W, 192.00 feet to a point of intersection with the North- easterly right-of-way line of Lower Muscatine Road (formerly Wyoming Road); thence S44011'20"E, 596.07 feet along said Northeasterly right-of-way line to a point; thence N67004'20"E, 1,533.09 feet to the Point of Beginning, and containing 25.9 acres more or less. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final plats of said subdivi- sion and have recommended approval of same; and WHEREAS, the preliminary and final plats of said subdivision have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the preliminary and final plats of Mall Drive Subdivision, a subdivi- sion of the City of Iowa City, is hereby approved, subject to the condition that access to Lots 2 through 7 shall be limited to the three common access points identified on the plats. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. Resolution No. 85-346 Page 2 It was moved by Ambrisco and seconded by - .Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO x_ BAKER x DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 3rd day o - ATTEST: Yneaan.% 7'i . 9&� CITY CLERK Received & Approved By Thi egal De0arfinenf �i i&�� RESOLUTION NO. 85-347 RESOLUTION APPROVING A MINOR AMENDMENT TO THE FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR LOTS 4, 5B AND 7 OF BLOCK 1, BRAVERMAN CENTER (PEPPERWOOD PLACE SHOPPING CENTER, IOWA CITY, IOWA). WHEREAS, on September 24, 1985, the City Council of the City of Iowa City approved Resolution No. 85-282 for the final Large Scale Non -Residential Development (LSNRD) plan for Lots 4, 5B and 7 of Block 1, Braverman Center; and WHEREAS, said LSNRD plan established general retail uses for a portion of said shopping center; and WHEREAS, the owner/developer, Southgate Development Company Inc., intended to have the City approve the mix of uses which are permitted in the CC -2 zone in said "retail" portion of the shopping center, and has filed an amended LSNRD plan to show such uses; and WHEREAS, Southgate Development Company, Inc., will be required to comply with all provisions of the Zoning Ordinance regarding said uses; and WHEREAS, the Department of Planning and Program Development has reviewed this minor change to the LSNRD plan and recommends approval of same; and WHEREAS, this LSNRD plan amendment has been reviewed by the Planning and Zoning Commission which has recommended that it be approved; and WHEREAS, the City Council finds that theaters should be excepted from the permitted uses on this LSNRD plan due to the fact that theaters could gener- ate excessive traffic and traffic congestion at various times of the day and night; and WHEREAS, the amended LSNRD plan reflects this finding of the Council by deleting theaters from the permitted uses; and WHEREAS, the final, amended LSNRD plan is found to conform with all of the requirements of the Ordinances of the City of Iowa City, Iowa and with the conditions of the Pepperwood Place Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended final LSNRD plan for Lots 4, 5B and 7 of Block 1, Braverman's Center, Iowa City, Iowa, is hereby approved. 2. That, because the amendment is minor, requiring little staff time, all but $50.00 of the normal filing fee for amendments to LSNRD plans is waived. IN Resolution No. 85-347 Page 2 3. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the final LSNRD plan after passage and approval by law; and the owner shall record the plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Raker and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl McDonald X Strait X Zuber Passed and approved this 3rd day of December ATTEST: 2L - CITY CLERK 1985. Reeeiv4.1 a Aippm%:;�,. /p ON RESOLUTION NO. 85-348 RESOLUTION AUTHORIZING THE IOWA DEPARTMENT OF TRANSPORTATION TO TRANSFER UMTA CAPITAL ASSISTANCE FUNDS FROM THE DUBUQUE URBANIZED AREA ACCOUNT TO THE IOWA CITY URBANIZED AREA ACCOUNT WHEREAS, the City of Dubuque currently has $833,905 in UMTA capital assis- tance funds, including approximately $214,787 of Dubuque funds currently on loan to other Iowa transit systems, plus the forthcoming Federal allo- cation of FY86 UMTA Section 9 funds; and WHEREAS, the bulk of this formula assistance has been saved by the City of Dubuque to finance needed improvements to its Keyline maintenance facil- ity; and WHEREAS, officials of UMTA have suggested that an alternate source of funding (Section 3 discretionary capital assistance) may be made available for the Dubuque garage rehabilitation project so the formula funds origi- nally intended for that purpose can be used for other needed transit projects in the State of Iowa, provided that Dubuque can show no funds available in its account with UMTA; and WHEREAS, the City of Iowa City has a programmed project for the purchase of six new buses for which it may be desirable to utilize the Dubuque UMTA formula funds, since Iowa City UMTA formula funds are not available in an amount sufficient to cover the project cost; and WHEREAS, UMTA Section 3 funding is based upon a 75% Federal/25% local formula, while Section 9 funding is based upon an 80% Federal/20% local funding formula, so Dubuque would receive less under Section 3 than if it received Section 9 funds; and WHEREAS, the City of Iowa City has agreed to assure that the City of Dubuque is made whole and held harmless in this transaction, both in terms of the amount of local City of Dubuque matching funds required for its garage project if discretionary funds are awarded, and the return of Dubuque's formula funds if discretionary funds are not awarded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Iowa Department of Transportation and the Urban Mass Trans- portation Administration are authorized to transfer all available unprogrammed Section 5, 9 and 9A capital assistance funds (i.e., $833,905 plus FY 1986 allocation, less amounts on loan to other sys- tems) from the Dubuque Urbanized Area to the Iowa City Urbanized Area. That all of such funds shall be returned to the City of Dubuque if a Section 3 grant for the garage rehabilitation project is not awarded to the City of Dubuque. 3. That if an UMTA Section 3 grant is awarded to the City of Dubuque for its garage rehabilitation project, the City of Iowa City shall pay to the City of Dubuque from Iowa City's own funds an amount equal to the 5% difference between Section 3 and Section 9 funding, which amount, based upon current estimates, will be $61,765.00. 4. That the 5% difference shall be paid to the City of Dubuque by the City of Iowa City based on Dubuque's actual project cost under the following arrangement: When the City of Dubuque makes a request for payment to UMTA for 80% of the project cost, it will simultaneously make a request to the City of Iowa City for payment of the differ- ence. 5. That the City of Iowa City shall not obligate the Dubuque Section 5, 9 and 9A funds for new buses until a Section 3 grant is awarded to the City of Dubuque. 6. That the City of Iowa City will transfer back to the City of Dubuque any difference between the amount of Dubuque funds transferred to the City of Iowa City hereunder and the amount of the Section 3 grant approved for Dubuque. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait x_ Zuber Passed and approved this 3rd day Aof December , 1985. ATTEST: shred & Appwm i By The [stead Dena 'e t SS�f Council Member Strait introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS" and moved its adoption. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Strait Zuber, Ambrisco, Baker, Dickson, McDonald ABSENT: Erdahl. NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 85-349 RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the construction contract and bond executed for the construction of certain public improvements described in general as FY1986 Alley Paving Assessment Project, and as described in detail in the plans and specifications heretofore approved, and which have been signed by the Mayor and Clerk on behalf of the City and proof of insurance coverage be and the same are hereby approved as follows: Contractor: Metro Pavers Inc. of Iowa City, Iowa Date of contract: September 16, 1985 Bond surety: United Fire & Casualty Co. Date of bond: September 10, 1985 Portion of project: Entire Project -2- Mtn, Cooney, Dorwede[ HayryC Smith 6 Alb", lawyers, D. Maines, Im a PASSED AND APPROVED, this 3rd day of December. 1985. ayos ATTEST: -3- Milers, Cour ey, Domvtile[ flame, Smith 6 Allbm lsv M Des hbtn lova 9 / i�f RESOLUTION NO. 85-350 RESOLUTION ESTABLISHING FEES FOR CERTAIN SERVICES PERFORMED BY THE FIRE DEPARTMENT. WHEREAS, the City of Iowa City Fire Department provides certain services other than those duties required by State and Municipal law, and WHEREAS, the Fire Chief has recommended the establishment of the following charges and fees as detailed herein: 1. Copies of Fire Reports . . . . . . . . . . . . .33.00 for each copy 2. The Fire Department inspects commercial, industrial and University of Iowa buildings for compliance with the Uniform Fire Code and the State Fire Code. If there is/are item(s) of non-compliance, the establish- ment must correct it/them. One reinspection will be done to check that those items comply to these codes. If two or more reinspections are required, a fee of $15.00 will be charged for the second and each subsequent reinspection. WHEREAS, the City Council of the City of Iowa City, is desirous of establishing a fee for said services. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above -said fees be adopted and effective January 1, 1986. It was moved by Strait and seconded by Zuber the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO x BAKER x_ DICKSON X ERDAHL _ X MCDONALD X STRAIT X ZUBER Passed and approved this 3rd ATTEST: %haU42,2 CITY CLERK ibWOM & Approved By The [Asa[ Department R97 117 RESOLUTION NO. 85-351 RESOLUTION ADOPTING A FEE SCHEDULE FOR REVIEW OF PLANNING, ZONING AND BOARD OF ADJUSTMENT APPLICATIONS. WHEREAS, the City of Iowa City has charged certain fees for the processing of planning, zoning and Board of Adjustment applications;.and WHEREAS, the City Council established such fees by resolution, so that changes may be made in the amount of fees, from time to time; and WHEREAS, the City Council has determined that the amount of fees should be increased to more nearly represent the expenses incurred by the City for processing the applications. NOW, THEREFORE, BE IT RESOLVED that "Schedule A, Fees for Review of Planning, Zoning and Board of Adjustment Applications," attached hereto, shall be adopted effective as of January 1, 1986. It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon roll ca ere were: ' AYES X X X X X X NAYS: Passed and approved this 3r day ATTEST: ABSENT: BAKER DICKSON X ERDAHL MCDONALD STRAIT ZUBER December , 1985. $y hed 4 QThe L, pra+oved Val Depaft*nt " is r1 -1� F�Sg-. SCHEDULE A FEES FOR REVIEW OF PLANNING, ZONING AND BOARD OF ADJUSTMENT APPLICATIONS Revised December 3, 1985 Subdivision Preliminary - Minor* $450 Preliminary - Major $450 + $10/lot Final $450 Combination - preliminary/final $500 + $10/lot Planned DeveloDment (PDH Preliminary $450 + $10/lot Final $450 Combination - preliminary/final $500 + $10/lot Large Scale Residential Development (LSRD) Preliminary $450 Final $450 Combination - preliminary/final $500 Large Scale Non -Residential Development (LSNRD) Preliminary $450 Final $450 Combination - preliminary/final $500 Combination - PDH, LSRD, LSNRD, or Subdivision Preliminary $450 + $10/lot Final $450 Combination - preliminary/final $500 + $10/lot Rezoning and Voluntary Annexation $300 Actions of the Board of Adjustment Variance $150 (refundable if granted) Special exception $250 Other actions $100 Street Vacations $100 Disposals of Public Property $50 + appraisal costs + land costs *Minor - subdivisions without streets. J� RESOLUTION NO. &5--352 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR INTERMENT AND OTHER SERVICES IN OAKLAND CEMETERY. WHEREAS, Ordinance No. 77-2834 provides for the establishment of a schedule of rates and charges for Oakland Cemetery by resolution, and WHEREAS, the City Council of Iowa City has previously adopted Schedules of Fees and Charges for interment and other services in Oakland Cemetery by Resolutions No. 77-156, No. 78-372, No. 78-391, and No. 80-166; and WHEREAS, it is in the public interest to revise said schedules of fees and charges as shown on the attachment which is hereby incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the above -said previously adopted Resolutions are hereby repealed and that the attached Schedule of Fees and Charges for interment and other services in Oakland Cemetery be adopted: It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON ERDAHL X _ MCDONALD X STRAIT X ZUBER Passed and approved this 3rd day ATTEST: December , 1985. Rooelyed A Approved By the Leo I De aMrni D ua DEFINITIONS Weekday Opening and Closin - All work is done during regular work hours, Mon ay- ri ay, - , excluding City holidays. The cost of any overtime will be added to the work day charge. Saturday Interment - The opening is done during regular work day hours, closing is done on Saturday. The cost of any additional overtime will be added to the Saturday charge. Emergency - Interments that cannot be scheduled during regular work hours due to a bona fide religious conviction and/or health regulations. Emergency Saturday and Sunda - All of the work is done on Saturdays and Sunday, or it any eth worKis done on Sunday. City Holiday - Paid holidays for permanent employees when no Cemetery employ- ees are regularly scheduled to work. Emergency City Holiday - Any, or all, of the work is done on a City holiday. Finder's Fee - Lot sale or lot location after hours. A. Operating Services Official Saturday Emergency Holiday Opening and Closing Weekday (Non -Emergency) Sat. & Sun. Emergencies Infant - Maximum Opening, 20" x 44" $ 35.00 $ 45.00 $ 55.00 $ 90.00 Child - Maximum Opening, 36" x 60" $115.00 $130.00 $155.00 $235.00 Adult - Maximum Opening, 40" x 96" $240.00 $270.00 $290.00 $400.00 Cremation - Maximum Opening, 14" x 18" $ 55.00 $ 75.00 N/A N/A Equipment and Additional Services Tent $ 30.00 $ 40.00 $ 40.00 $ 60.00 Equipment $ 50.00 $ 60.00 $ 60.00 $ 90.00 Extra Maintenance - Adult, No Vault $ 75.00 $ 75.00 $ 75.00 $ 75.00 Finder's Fee N/A $ 35.00 min. $ 35.00 min. $ 55.00 min. Disinterment - The minimum charge is twice the current weekday charge for opening and closing a grave of a similar size. 971 B. Price Per Burial Space Spaces in monument areas shall be priced at $7.00 per square foot. (M=Monument) Spaces in areas where markers must be flush with the ground shall be priced at $6.25 per square foot. (F=Flush Marker) 1. Graceland (M) 2. Graceland Drive (M) 3. Cedarview (F) 4. Rose Hill (M) 5. Block 9 (new part) (F) 6. Grandview (M) 7. Glenview (F) 8. Prospect Hill (M) 9. Babyland, 2' x 4' plots (M) 10. Sunny Slope, 3' x 3' plots (F) 11. Oak Green (M) 12. Fairview (M) 13. Fernland (M) 14. Certain single graves in various older sections - $5.00 per square foot. C. Non -Residents In addition to the fees and charges in Parts A and B, an additional charge for non-residents of Iowa City, Iowa, shall be made. In regard to Part A (operating service), a 'non-resident shall pay the equivalent of the resident weekday fee for "opening and closing," in addition to the scheduled charge for the respective service(s) requested. In regard to Part B, the non-resident shall pay the resident charge, plus an addi- tional one -hundred percent (100%). For the purpose of these regulations, a resident of Iowa City is a registered voter, or a property owner, or maintains a fixed abode with a mailing address in Iowa City. If a lot is purchased while a legal resident of Iowa City, as defined herein, subse- quent absence from the city shall not require payment of the non-resident fee on said lots. The resident fee shall also be extended to the spouse of residents, as defined herein, and children of either the resident or the spouse. All others shall be charged the non-resident fee. MW RESOLUTION NO. 85-353 RESOLUTION ADOPTING SUPPLEMENT NUMBER 26 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 26th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 26 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 26 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald —� Strait X Zuber Passed and approved this 17th day ATTEST: 2h,,,..' ) . ITY CLERK December, 1985 a.... 17iMant _1 Z 99.3 RESOLUTION NO. 85-354 RESOLUTION ESTABLISHING A POLICY THAT SPOUSES AND RELATIVES OF CITY COUNCILMEMBERS, PERSONS ALREADY SERVING AS BOARD OR COMMISSION MEMBERS, AND MEMBERS OF COMPARABLE COUNTY BOARDS OR COMMISSIONS SHALL NOT BE ELIGIBLE FOR APPOINTMENT TO CITY BOARDS OR COMMIS- SIONS. WHEREAS, the various City Boards and Commissions have been established to provide advice and assistance to the City, and to perform certain statutorily assigned tasks in some instances; and WHEREAS, it is desirable that the members of each Board or Commission be independent of the City Council, of other Boards and Commissions, and of other local governmental units, and that the members of said Boards and Commissions exercise free and unbiased judgment in addressing the issues and tasks before them; and WHEREAS, this City Council has determined that it would be appropriate and in the best interests of the City of Iowa City to formally establish and adopt a policy regarding eligibility for appointment to City Boards and Commissions so as to assure the necessary independence of said bodies. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That it is hereby established, as a formal policy of the City Council of Iowa City, that the following persons shall not be eligible for appointment to Boards and Commissions of the City of Iowa City: 1. The spouse, child, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, step -father, step -mother, step- child, aunt or uncle of a City Councilmember while such member holds office; 2. A current member of a City Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made; and 3. A current member of a comparable County Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. Qgcl It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of December 1985. YO R ATTEST: c.,rAt.,ed f. tiP�rsved 7?5 RESOLUTION NO. 85-3SS RESOLUTION ACCEPTING THE WORK FOR SEWER SYSTEM REHABILITATION PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Sewer System Rehabilitation Project as included in a contract between the City of Iowa City and J.C. Construction, Ltd. of Iowa City, Iowa dated August 28, 1984, be accepted, and WHEREAS, in conjunction with and prior to the acceptance of said improvements it is necessary for the City to waive the provisions of Sections 7-15 and 0-6 of said contract which provided that the City would accept such work only after the Contractor furnished evidence of payment for all debts for labor, materials, and equipment incurred in connection with such work, and WHEREAS, the maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa: 1. That the City hereby waives the specific provisions of Sections 7-15 and 0-6 of said Contract which provided that the City would accept said work only after the Contractor furnished evidence of payment for all debts for labor, materials, and equipment incurred in connection with such work. 2. That said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: Passed a -A n—n—i fhic 17th. ATTEST: NAYS: ABSENT: Hav of December AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER 1QRF Received & Approved Ey The Legal Da alTmilt - 8S y1M RESOLUTION NO. SS -356 RESOLUTION ACCEPTING THE WORK FOR THE HANDICAPPED ACCESSIBLE PUBLIC RESTROOMS IN UPPER CITY PARK WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Handicapped Accessible Public Restrooms, Upper City Park as constructed by Brogan Construction of North Liberty, Iowa AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 17th day of December 19805 . �4AYOR ATTEST:, CITY CLERKafzl 17- X97 RESOLUTION NO. 85-357 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDEN- TIAL DEVELOPMENT PLAN FOR MELROSE LAKE APARTMENTS LOCATED ON WOODSIDE DRIVE EXTENDED, IOWA CITY, IOWA. WHEREAS, T. H. Williams has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Residential Development plan for Melrose Lake Apartments located on 7.44 acres on Woodside Drive extended; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plan and have recommended approval of same; and WHEREAS, the preliminary and final plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the plans have been reviewed and approved by Flood Plain Development Permit Number FP 85-213 by the Iowa Department of Water, Air and Waste Management with certain conditions, and it is understood that the owner is responsible for complying with said conditions as required by IDWAWM; and WHEREAS, the preliminary and final plan was found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa, with certain variances permitting multi -family residential development and a modification of the front yard requirements from 20 feet to 10 feet as approved in Ordinance No. 85-3269 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the preliminary and final Large Scale Residential Development plan of Melrose Lake Apartments is hereby approved. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the plan after passage and approval by law; and the owner shall record said final plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Resolution No. 85-357 Page 2 Passed and approved this 17th day of December 1985. ATTEST: �4,� /gl� CITY CLERK Y/ 2 RESOLUTION NO. 8S -3S8 RESOLUTION ADOPTING FINDINGS REGARDING THE REASONS FOR ADOPTION OF ORDINANCE NO. 85-3240, REZONING THE SO-CALLED NEUZIL TRACT. WHEREAS, on June 4, 1985, the City Council adopted Ordinance No. 85-3240 rezoning the so-called "Neuzil tract" from RM -12 to RS -8; and WHEREAS, the reasons for such rezoning were discussed by Council members at both informal and formal Council sessions, all of which were open to the public, but such reasons were never formally reduced to Council findings; and WHEREAS, in order to have a complete record relating to such rezoning, it is important that the Council set forth its reasons for such rezoning. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the following findings are hereby adopted regarding enactment of Ordinance No. 85-3240: 1. The Neuzil tract contains approximately 8.5 acres of land, with direct access only onto streets through residential neighborhoods. 2. The Neuzil tract is surrounded on three sides by single-family residen- tial neighborhoods, those on the north and west being located in the Town of University Heights. On June 4, 1985, the property to the east of the Neuzil tract was also rezoned to RS -8. 3. The streets in the single-family neighborhoods abutting the Neuzil Tract were not designed to handle heavy amounts of traffic, and the other streets in the area are already heavily traveled. 4. Development of the Neuzil tract at the maximum density permitted in the RM -12 zone would allow construction of approximately 126 additional dwelling units having the potential for generating approximately 1550 motor vehicle trips daily. 5. The allowable density on the Neuzil tract will reduce the potential increase to traffic congestion on the streets in the immediate area. 6. The area is shown on the City's Comprehensive Plan as being developed at 8-16 dwelling units per acre, and the RS -8 zoning is consistent with that Plan. 7. Multi -family development of the tract, at the density permitted in the RM -12 zone, would have a negative impact on the value of property sur- rounding the tract. Development of the density permitted in the RS -8 zone should help maintain the value of neighboring properties. 8. The Neuzil tract contains a pond and two large, partially wooded ravines, and the property immediately to the east of the Neuzil tract contains Melrose Lake, an environmentally sensitive and important feature of the area. 2Cr) Resoljtion No. 33-558 Page 2 9. Storm water runoff occasionally causes Melrose Lake to overflow, floods areas downstream, and contributes to pollution of the lake. 10. Development at a lower density will reduce the magnitude of the increase in Melrose Lake drainage, flooding and pollution problems, but will still permit development which is sensitive to the fragile environment. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait K Zuber Passed and approved this 17th day of December , 1985. YOR ATTEST: CITY CLERK Reoetvel1 w ApprGN•ec. BY �TF/i/3�1 2/v RESOLUTION NO. 85-359 RESOLUTION CERTIFYING UNPAID WATER, SEWER AND REFUSE CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Sections 33-167, 33-46 and 15-6, Code of Ordinances of the City of Iowa City, Iowa, provide that the City Council may certify unpaid water, sewer and refuse charges to the county auditor for collection in the same manner as a property tax; and WHEREAS, there exists unpaid water, sewer and refuse charges for the owners and properties and in the amounts specified in Exhibit A, attached to this resolution and by this reference made a part hereof; and WHEREAS, the Council finds that each property owner has received a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution at which time the prop- erty owner may appear before the Council during the discussion period for this resolution and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Treasurer is hereby authorized to certify the unpaid water, sewer, and/or refuse charges as stated in Exhibit A attached to the auditor of Johnson County, Iowa, for collection in the same manner as a property tax. It was moved by Strait and seconded by Dickson the Resolution be adopted, an upon roll call there were: AYES X X X X X NAYS ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 17th day of December 1985. ZA40AR ATTEST: CI CLERK E1iifIBIT A Revised 12-17-85 004-035-02 Address: 920 N. Governor St. Owner: Geraldine Carter - Cont. Legal Descrip.: Lot 20 Blk. 03 Dewey's Add. Parcel #55793000 005-090-07 Address: 864 St. Anne Dr. Owner: Kirk C. Valanis Legal Descrip.: Lot 11 Conways Add. Parcel #55052000 006-365-08 Address: 1318 Bristol Dr. Owner: Calvin James & Loleta Annette Hall Legal Descrip.: Lot 14 Surrey Hills Add. Parcel #55588000 011-320-13 Address: 410 S. Summit St. Owner: R. Jeff & Sallie Carroll Langston Legal Descrip.: Com. 15' N of NW Cor. of Lot Blk. 4 Summit Hill Add. on E side of Summit St. N 50' E 172' to Beg. & 10' R/W in NW NW Parcel #56692000 016-315-02 Address: 704 Fifth Ave. Owner: James R. & Barbara Coon Legal Descrip.: Lot 8 Blk. 35 East Iowa City Parcel #54714000 017-435-09 Address: 2104 Muscatine Ave. Owner: Security Inv. Assoc. Inc. Legal Descrip.: Lot 5 Blk. 15 East Iowa City Parcel #61549000 021-130-02 Address: 422 Upland Ave. Owner: Becky I. Morgan Legal Descrip.: Lot 21 Court Hill Add. Parcel #61876000 Water: 25.23 Sewer: 9.75 Refuse: 21.00 Total: T5 9T Water: 16.22 Sewer: 9.49 Refuse: 10.50 Total: Water: 8.11 Sewer: 4.88 Refuse: 10.50 Total: 23.49 Water: 7.70 Sewer: 4.47 Refuse: 3.50 Total: 15.67 Water: 51.56 Sewer: 11.47 Refuse: 14.00 Total: JT7-0T Water: 24.75 Sewer: 18.26 Refuse: 14.00 Total: JT7-0T Water: 7.07 Sewer: 7.57 Refuse: 14.00 Total: M-9 027-430-03 Address: 1102 & 1100 Marcy St. Water: 10.82 027-435-10 Owner: Steven R. & Phyllis E. Black Sewer: 6.50 Legal Descrip.: Com. 246.5' W & 374' S of NW Cor. of Refuse: 14.00 Lot 2 of survey of Carson's SD in SW Sec. 14-79-6; Total: 3'13'f E 190' S 60' W 190' & N 60' to Beg. Parcel 963638000 030-670-04 Address: 1105 Deforest Ave. Owner: Steven J. & Karen L. Hirsch Legal Descrip.: Lot 4 Carl Miller SO Parcel #62286000 051-859-00 Address: 2137 Leonard Cr. Owner: Burton Frantz Const. Legal Descrip.: Lot 75 MacBride Add. Part 3 Parcel #63763005 Water: 10.82 Sewer: 6.24 Refuse: 4.30 Total: 21.3T Water: 48.05 Sewer: 16.25 Refuse: 15.60 Total: 7 %D i 2 060-730-01 Address: 940 Miller Ave. Water: 26.00 Owner: Timothy J. & Alene M. Nevins Sewer: 14.97 Legal Descrip.: Lot 45 Bailey & Beck Add. Refuse: 8.60 Parcel #58372000 Total: 49.57 064-875-03 Address: 422 Lee St. Water: 2.70 Owner: Sarah H. Madden Hanley Sewer: 6.63 Legal Descrip.: Com. S/L Park Rd. & E/L Lee St. S 7 Refuse: 11.30 Deg. E on E/L Lee St. 336' to Pt. of Beg.; S 7 Deg. Total: 20.63 25' W 87.70; S 9 Deg. 26' E 12.12'; S 79 Deg. 46' E Parcel 958930001 080-035-00 Address: 23 Gleason Dr. Water: 46.22 Owner: Charles & Janice A. Newhouse Sewer: 27.75 Legal Descrip.: Lot 168 Hollywood Manor Part 4 Refuse: 7.00 Parcel #59894000 Total: 081-165-10 Address: 2129 Taylor Dr. Water: 5.41 Owner: Hawkeye Mortgage Co. Sewer: 3.25 Legal Descrip.: Lot 300 Hollywood Manor Part 5 Refuse: 7.00 Parcel 056069000 Total: 15.66 087-290-03 Address: 401 Samoa Dr. Water: 11.44 Owner: Michael Nusser Sewer: 6.86 Legal Descrip.: Westwinds Condo. Refuse: Parcel #63990037 Total: 18.30 090-185-01 Address: 1629 Esther St. Water: 39.04 Owner: Bessie M. & Douglas M. Nelson Sewer: 15.73 Legal Descrip.: Lot 19 Village Green South Part 1 Refuse: 15.60 Parcel 663736019 Total: 7U-.737 090-595-09 Address: 1729 Dover St. Water: 5.41 Owner: Lawrence & Jeannette Lynch Sewer: 3.25 Legal Descrip.: Lot 61 Village Green South Part 2 Refuse: 8.60 Parcel #63736061 Total: T72i2 RESOLUTION NO. 85-360 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A REAL ESTATE MORTGAGE EXECUTED BY DONALD H. AND JANET K. STRAND. WHEREAS, on September 8, 1977, Donald H. and Janet K. Strand executed a Real Estate Mortgage to the City of Iowa City in the amount of $14,650.00 for value received by way of a Housing Rehabilitation Loan, and WHEREAS, said Real Estate Mortgage provided a lien against subject property, and WHEREAS, the outstanding amount of said mortgage was paid in full on December 4, 1985. NOW,,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest the attached Release of Mortgage, whereby the City does release the affected prop- erty from an obligation of Donald H. and Janet K. Strand to pay to the city the principal amount of $14,650.00. It was moved by Erdahl and seconded by Resolution be adopted, and upon roll call there were: Strait AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of December 1985. /"MA Y OR ATTEST: X,J CI1Y CLERK rea9ved & Approved By The Legal Department the RELEASE OF MORTGAGE KNOW ALL MEN by these presents: That the City of Iowa City, Iowa, does hereby release the following described property: Commencing 100 feet West of the Southeast corner of Lot 1 Coldren's Addi- tion to Iowa City, Iowa; thence North 75 feet; thence West 40 feet; thence south 75 feet; thence East 40 feet to the place of beginning. And Commencing at the Southwest corner of Lot 1 of Coldren's Addition to Iowa City, Iowa; thence North 140 feet and 6 inches; thence West 100 feet; thence South 40 feet and 6 inches; thence East 100 feet to the place of beginning. Excepting Therefrom the Following: Beginning at a point on the East line of Lot 1 in Coldren's Addition to Iowa City, Iowa, according to the recorded plat thereof, which point is 40.5 feet North of the Southeast corner of said Lot 1; thence West 100 feet; thence North 4 feet; thence West 40 feet; thence North 38 feet; thence East 140 feet to the East line of said Lot 1; thence South along the East line of said Lot 1, 42 feet to the place of beginning. from an obligation of Donald H. and Janet K Iowa, in the principal amount of $14,650.00 gage recorded in the Office of the Johnson 1977, in Book 243, Page 84. This obligation has been paid in full. Attest: 7.�J City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) . Strand to the City of Iowa City, represented by a Real Estate Mort - County Recorder on September 13, CIT OF IOWA CITY By: s.i Mayor q=.U� ad ° P^nrave:s By The Legal Deparir:xant On this / day of 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument; that the seal af- fixed thereto is the seal of said municipal corporation by authority of its City Council; and that the said; that said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. ppRISJ.DeAAARCE �c— MYCOMh71SSI0N its Notary Publ i n and for said State !a i06- RESOLUTION NO. 85-361 RESOLUTION ACCEPTING AN OFFER TO PURCHASE A CERTAIN PARCEL OF LAND, KNOWN AS PARCEL 'C° LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City did, by Resolution 185-286, dated September 24, 1985, authorize and direct the solicitation of offers to purchase certain City -owned land known as Parcel C which is legally described in the description attached hereto as Exhibit A, and WHEREAS, an acceptable offer has been received from John 0. Roffman to pur- chase said Parcel C for $32,750, and WHEREAS, Mr. Roffman has represented that he will expand at least another $110,000 in developing said Parcel C, and WHEREAS, the City of Iowa City wishes to enter into an agreement with John 0. Roffman for the sale and conveyance of said Parcel C, and WHEREAS, the City of Iowa City has afforded the public with an opportunity to comment on the proposed sale and conveyance of said Parcel C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the offer of John 0. Roffman to purchase and develop said Parcel C be accepted; subject, however, to Mr. Roffman's obtaining, within thirty (30) days of the date of adoption of this Resolution, a firm and binding commitment from a financial institution for a loan of at least $110,000, all of which shall be used for construction of improvements on said Parcel C within 24 months from the date of adoption of this Resolution. 2. That, upon receipt and approval of evidence of such financial commitment by the City Manager, the Mayor be authorized to sign and the City Clerk to attest a real estate contract with John 0. Roffman for the sale of said Parcel C, said contract to contain terms and conditions and to be in a form approved by the City Attorney. 3. That, provided all terms and conditions of the real estate contract are met, the Mayor be further authorized to sign and the City Clerk to attest all documents necessary to legally convey Parcel C to John 0. Roffman in accordance with the real estate contract. 4. That the offer of David D. Steve to purchase said Parcel C be released, along with the bid security deposit from Mr. Steve. Resolution No. 83-361 Page 2 It was moved by Strait and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X tuber Passed and approved this 17th day of Deecceembeer] 1985. YOR ATTEST: CITY -CLERK EXHIBIT A LEGAL DESCRIPTION A portion of Lots 1, 2, 3 and 4 of Block 18 of the County Seat Addition to Iowa City, Iowa, according to the Plat thereof, recorded in Deed Book 1 and 2, page 253, of the Records of the Johnson County Recorder's Office, and which parcel is more particularly described as follows: Commencing at the Southwest Corner of Block 18 of the County Seat Addition to Iowa City, Iowa; thence S 89049'50" E, along the South Line of said Block 18, 170.00 feet to the Southwest Corner of Lot 4 of said Block 18, which is the Point of Beginning; thence N 00000'00" E, along the West Line of said Lots 4, 3, 2 and 1, 303.05 feet to a Point on the Toe of the Slope of the Des Moines Street Railroad Right -of -Way; thence S 86041'45" E, along said Toe of the Slope, 117.27 feet to the Westerly Top of Bank of Ralston Creek; thence S 34001'48" W, 60.48 feet along said Top of Bank; thence S 01034'26" E, 246.53 feet, along said Top of Bank, to the South Line of said Lot 4; thence N 89049'50" W, 90.00 feet to the Point of Beginning. Said tract of land con- tains 26,745 square feet more or less, and is subject to restrictions of record, and a permanent conservation/access easement being retained by the City of Iowa City for the purpose of maintaining and protecting the channel of Ralston Creek in the following -described area: Commencing at the Southwest Corner of Block 18 of the County Seat Addition to Iowa City, Iowa; thence S 89049'50" E, along the South Line of said Block 18, 170.00 feet to the Southwest Corner of Lot 4 of said Block 18; thence S 89049'50" E, along the South Line of said Lot 4, 90.00 feet, to the Point of Beginning; thence N 89049'50" W, 20.01 feet; thence N 01034'26" W, 252.34 feet; thence N 34001'48" E, 55.01 feet; to a Point on the Toe of the Slope of the Des Moines Street Railroad Right -of -Way; thence S 86041'45" E, along said Toe of the Slope, 23.27 feet to the Westerly Top of Bank of Ralston Creek; thence S 34001'48" W, 60.48 feet along said Top of Bank; thence S 01034'26" E, 246.53 feet, along said Top of Bank to the Point of Beginning. Said tract of land contains 6,144 square feet. The terms of said easement are as set forth in Exhibit B which is attached hereto and incorporated herein by this reference. 9.; 9 EXHIBIT B TERMS OF PERMANENT CONSERVATION/ACCESS EASEMENT 1. The City shall have the right to make excavations and to grade within the easement area as it may find reasonably necessary for the repair and maintenance of the channel of Ralston Creek. 2. The City shall have the right to trim and remove all trees or bushes which may interfere with the exercise of the City's rights pursuant to this grant; however, if valuable timber is removed, it shall continue to be the property of the Owners. 3. The City shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the Owners. 4. The Owners shall have the right to use the above-described real estate for purposes which shall not interfere with the City's full enjoyment of the rights granted in this easement; provided, however, that the Owners shall not erect or construct any building or other structure, or construct any parking or other obstruction within the easement. Nor shall Owners allow or cause any substantial fill or cut over said easement, without the prior written consent of the City. 5. The City shall promptly backfill any trench made by it and repair any damages within the area subject to the easement. 6. The City shall indemnify Owners against any loss or damage which may occur in the exercise of the easement rights by the City except for loss which may be occasioned by a diminution in business during the temporary use of the area by the City. 7. Except as provided herein, Owners shall be responsible for maintaining the property subject to the easement. 8. The provisions hereof shall enure to the benefit of and bind the succes- sors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. ?/0 RESOLUTION NO. 85-562 RESOLUTION OF INTENT TO CONVEY TO THE UNIVERSITY OF IOWA THE VACATED MELROSE AVENUE RIGHT-OF-WAY BETWEEN BYINGTON ROAD AND RIVERSIDE DRIVE. WHEREAS, by Ordinance No. 84-3194, the City vacated a portion of Melrose Avenue lying between Byington Road and Riverside Drive; and WHEREAS, the City has no need for such vacated property; and WHEREAS, the University of Iowa has asked the City to convey such property to it in order to incorporate the land into the University's new College of Law facil- ity; and WHEREAS, after due deliberation, and being fully advised, the City Council finds that the part of Melrose Avenue to be conveyed shall be used for a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the above-described City -owned property to the State University of Iowa, in considera- tion of the University's agreements, among other things, to assume responsibility (i) for providing adequate storm drainage through the property, and (ii) for maintaining the retaining wall along Riverside Drive, including the steps leading from the Riverside Drive level up to the level upon which the Law School is located, all as set forth in the attached Agreement. AND BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for January 14, 1986, and that the City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. It was moved by Erdahl and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of December 1985. AY O ATTEST: 464' -,e� 4N, CIVY CLERK i s[24l'•Yw fi+'pprnve: By Inp 4_c!a1 a4 .f -teat 911 Agreement a AGREEMENT, dated as of the day of 1986, byand between the City of Iowa CiYyTa (City) a e State versity of Iowa (University). WHEREAS, at the request of the University, by Ordinance Hb. 84-3194, the City vacated the right-of-way of Melrose Avenue iron the east right-of-way line of Byington Road to the west right-of-way line of Riverside Drive; and WHEREAS, the University has asked that the City convey said vacated rlpyht-of-way to it for use in conjunction with the new building for the Lin varsity's College of Law; and WHEREAS, the City is willing to make such conveyance if the University will assume certain responsibilities and the University is willing to assume those responsibilities. NOW, THEREFORE, in consideration of the premises and the covenants and agreements contained herein, the parties agree as follows: 1. The Cit,y agrees to convey to the University, by quit claim deed, all of its right, title and interest in and to the following described real estate located in Iowa City, Johnson County, Iowa, to wit: The entire right-of-way of Melrose Avenue from the east right-of-way line of Byington Road, said line being 1858.60 feet east of the northwest corner of the northeast quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Merid- ian, thence easterly to the west right-of-way line of Riverside Drive, also known as Highway 6 (the 'Property'). Such conveyance shall be subject to an easement for access for repair, maintenance or replacement of utilities, including but not limited to gas, electric, telephone, water, and sewer lines, if any, located on or under the surface of said Property. 2. The University shall pay the City's out-of-pocket cost of publishing notice of the public hearing on the intended conveyance, and any record- ing fees or charges. The City shall prepare the deed at its expense. Each party shall be responsible for its own attorneys' fees. 3. The University shall assume responsibility for providing and maintaining adequate storm drainage through or under the Property to serve areas which currently drain onto the Property. 4. The University acknowledges that, in accordance with the provisions of Iowa Code (1985) Sec. 306.4(3), and Iowa Administrative Code 820 (06L] Sec. 1.3(2)c(5), the Iowa Department of Transportation (IDOT) requires that cities enter into agreements regarding maintenance of primary roads within city limits, and such agreements require cities to maintain, among nthr- things retaining walls on primary roads between curb and right-of-way Sines, and that Riverside Drive (Highway 6), abutting the new building for the College of Law, is a primary road. M 2 5. The University shall assume full responsibility for maintenance and repair of the retaining wall along the eastern boundary of the College of Law property including, without limitation of the foregoing, keeping_ the steps between the Melrose Avenue level and Riverside Drive open, in repair and free from nuisance. 6. The obligations undertaken by ,the University hereunder shell survive the execution and delivery of the deed, as described in paragraph 1, hereof. 7, This Agreement shell be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto. S. The agreements contained herein shell be effective at such time as the city conveys the Property to the University. IN WITNESS WMERE9F,_ this Agreement has been executed as of the day and date first above written. f '(ME STATE UNIVERSITY OF LWA i Ar //b (Cmpw/ .-4-w v h / r>f ' 4" l ✓ (- ) s 0 -L7 //°y 67� - M S�� 132iaw aaA Y RESOLUTION NO. 85-363 RESOLUTION OF INTENT AND PROPOSAL TO DISPOSE OF UTILITY EASEMENT ON LOT 14, OAKES MEADOW ADDITION TO IOWA CITY. WHEREAS, in conjunction with subdivision of the area, the owner, Oakes Construction Company, granted to the City a Utility Easement located on the following -described property in Iowa City, Johnson County, Iowa, to -wit: . Commencing at the Northwest property corner of Lot 14, Oakes Meadow Addition to the City of Iowa City, Iowa, thence S 0 degrees, 00 minutes, 57 seconds East - 10 feet; thence South- easterly on the line to a point where it intersects with the east property line of said Lot 14; thence North 20 feet to the Northeast corner of Lot 14; thence South 89 degrees, 59 minutes, 03 second West 106.87 feet to the point of beginning. WHEREAS, it has recently been determined that the building which was constructed on said Lot 14 encroaches upon the Utility Easement; and WHEREAS, the current owners of said Lot 14, Oakes Construction Company, Agnes A. Contant and Charles F. Contant, husband and wife, and Cheryl Contant, have requested that they be allowed to substitute a Utility Easement over their property in exchange for a release and conveyance of the City's interest in the original Utility Easement; and WHEREAS, the City's Public Works Department has reviewed the proposal and determined that the City should obtain a corrected easement; and WHEREAS, after due deliberation, and being fully advised in the premises, the City Council finds that the City should exchange the old easement for a new, corrected easement, by quit claiming the City's interest in the old easement and accepting a new easement executed by the current owners of said Lot 14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council does hereby declare its intent to dispose of its interest in the Utility Easement described above by quit claim deed to the current owners of Lot 14, in exchange for a new Utility Easement in the form of Easement attached hereto as Exhibit "A". AND BE IT FURTHER RESOLVED That a Public Hearing on said proposal be set for January 14, 1986, and that the City Clerk be and hereby is authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. 91V PAGE 2 It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of December , 1986. '4 /x 6101e� YOR ATTEST: MIMMMOR1114 K 9 �s .: AiRE31ENT made and entered into oy and petween OAKES CONSTRUCTION COMPANY, AGNES A. CONTANT and CHARLES F. CONTANT, nusband and wife, and CHERYL CONTANT, all of Iowa City, Iowa, First Party, which expression shall include heirs, personal representatives, successors in interest and assigns and the CITY OF IOWA CITY, IOWA, Second Party, which expression shall include succes- sors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party grants and conveys to Second' Party an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sanitary sewer lines, pipes, mains, and conduits as Second Party shall from time to time elect for conveying sewerage with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right -o -way, with the right of ingress and egress thereto, including all the area described on Exhibit 'A' attached to this easement and by this reference made a part hereof. First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of the said line to such extent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder in any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or by any wrongful or negligent act or omission of Second Party, or of its agents or employees in the curse of their employment. JAGE First Party reserves the right to use said strip for purposes which will not interfere with Second Party's full enjoyment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said strip. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above-described; and that they have a good and lawful right to convey it, or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. DATED as of the _ day of January , 1986. Charles F. Contant Agnes A. Contant Cheryl Contant STATE OF IOWA ) ) SS: JOHNSON COUNTY ) OAKES CONSTRUCTION COMPANY By: Dean G. Oakes, President By: Evelyn M. Oakes, Secretary CITY OF IOWA CITY. IOWA By: John c ona yor ATTEST: Marian K. Karr, i y er On this day of 1986, before me, the undersigned, a Notary Public in and or the State of Iowa, personally appeared Dean G. Oakes and Eveyln M. Oakes, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corpora- tion executing the within and foregoing instrument, that no seal has been procured by said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Dean G. Oakes and Evelyn M. Oakes as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said State 9/ -7 PAGE 3 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of '1986, before me. the undersigned, a Notary pa67ciaState. in and for sid St, personally appeared Charles F. Contant and Agnes A. Content, husband and wife, and Cheryl Content, a single person, to me personally known, being by me duly sworn, and each did acknowledge the execution of said instrument to be their voluntary act and deed. Notary Public In and for sad tate STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 1986, before me, the undersign—W77-Notary a Notary Pu c in and for the State of owe, personally appeared and Marian K. Karr, to me personally known, who, eing by me duly sworn, did say that they are the Mayor and City Clerk. respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said and Marian K. Karr as such officers acknowledged the execution of sial ins rument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for said State EASEMENT LEGAL DESCRIPTION - LOT 14 DOVER CONDOMINIUMS - PART III 917 November 26, 1985 Commencing at the NV property corner of Lot 14, Oakes Meadow Addi- tion to the City of Iowa City, Johnson County, Iowa and pr9ceeding; Thence S 00 00' 57" E - 9.50 feet; Thence N 890 59, 03" E - 80.00 feet; Thence S 00 00' 57" E - 4.50 feet; Thence N 890 59' 03" E - 27.41 feet; Thence N 00 13' 17" E - 5.83 feet; Thence N 30 58' 54" Y - 8.19 feet to a property corner of said Lot 14; Thence S 890 03" N - 106.87 feet to the Point of Commencement. 917 RESOLUTION NO. 8S-364 RESOLUTION ESTABLISHING INCOME LIMITS FOR THE IOWA CITY HOUSING AUTHORITY, ASSISTED HOUSING PROGRAMS WHEREAS, on October 1,1985, the Department of Housing and Urban Development recommended the revision of an initial income limit schedule for tenant admission to Assisted Housing Programs,and WHEREAS, the City of Iowa City desires to comply with the regulations of the Department of Housing and Urban Development, and WHEREAS, the Department of Housing and Urban Development has requested the Iowa City Housing Authority to adopt by resolution the revised income limit schedule for tenant admission to Assisted Housing Programs set forth below: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above -revised income limit schedule for tenant admission to Assisted Housing Programs for the Iowa City Housing Authority, be approved for implementation effective this date. It was moved by Erdahl and seconded by _ the Resolution be adopted, and upon roll call there AYES Passed and approved this 17th NAYS ABSENT: Strait were: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber day of December 1985. AYOR ATTEST: Aare % % CITT CLERK Receiv:_d E Apprn.•cc BY 71je J�— %?D 80% 50% Category Area Median Area Median 1 person $17,700 $11,050 2 persons 20,250 12,650 3 persons 22,750 14,200 4 persons 25,300 15,800 5 persons 26,900 17,050 6 persons 28,450 18,350 7 persons 30,050 19,600 8 or more 31,650 20,850 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above -revised income limit schedule for tenant admission to Assisted Housing Programs for the Iowa City Housing Authority, be approved for implementation effective this date. It was moved by Erdahl and seconded by _ the Resolution be adopted, and upon roll call there AYES Passed and approved this 17th NAYS ABSENT: Strait were: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber day of December 1985. AYOR ATTEST: Aare % % CITT CLERK Receiv:_d E Apprn.•cc BY 71je J�— %?D RESOLUTION NO. 8S -36S RESOLUTION AUTHORIZING EXECUTION OF WORK PLAN FOR HUD/SBA TECHNICAL ASSISTANCE FOR LOCAL ECONOMIC DEVELOPMENT. WHEREAS, the City of Iowa City is committed to encouraging economic develop- ment that will promote the welfare of its citizens by diversifying employment opportunities and expanding the non-residential tax base; and WHEREAS, on March 29, 1985, the City of Iowa City submitted an application to receive technical assistance involving economic development under the Inter- agency Agreement between the Department of Housing and Urban Development and the Small Business Administration; and WHEREAS, in July 1985, the City of Iowa City's application for technical assistance for the Clear Creek Research Park project was selected for fund- ing; and WHEREAS, the Match Institution of Washington, D.C., is under contract to the Department of Housing and Urban Development and the Small Business Admini- stration to coordinate and deliver assistance to communities under this Interagency Agreement; and WHEREAS, on October 22, 1985, the City Council authorized execution of the Memorandum of Agreement with the Match Institution for technical assistance for local economic development; and WHEREAS, the Clear Creek Investment Company has agreed to provide half of the matching funds necessary to receive this technical assistance in accordance with the proposed work plan. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are author- ized and directed to execute on behalf of the City the attached Technical Assistance Work Plan with the Match Institution for HUD/SBA Technical Assis- tance for Local Economic Development. It was moved by Baker and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X EROAHL X_ MCDONALD X STRAIT X ZUBER Passed and approved this 17thday of Deceemmbber)C/,�l, 1985. //'U lJ�'�'� AYOR ATTEST: Via/ HUD/SBA TECHNICAL ASSISTANCE FOR LOCAL ECONOMIC DEVELOPMENT AND SMALL BUSINESS ASSISTANCE TECHNICAL ASSISTANCE WORK PLAN Propared For: Iowa City, Iowa Q -f nu_ �IC1L'II 902 1 iNSIT11-1100 NARRATIVE SUMMARY This plan of work is intended to be a basis for the pro- vision of technical assistance through peer to peer exchanges in selected CDBG Entitlement Communities. The MATCH Institution, under a joint working agreement be- tween the Small Business Administration and the Department of Housing and Urban Development, shall be partially compensated for work to be performed under this work plan. The technical assistance is targeted to a specific project or process and the expectation is that as a result of the tech- nical assistance provided, a reasonable chance of success exists. The program identifies tasks, estimates time commitments and defines schedules in order to facilitate and expedite the technical assistance process. In addition, there is an attached budget summary which re- flects the cost to you for The MATCH Institution's work, as well as the proposed level of effort and projected cost of the se- lected Development/Business Peer Expert. Please note that The MATCH Institution's work may be divided between Project Coordi- nation and Direct Technical Assistance delivery. The Project Coordination cost is being paid by the SBA/HUD joint agency agreement. The proposed work is to begin in August 1985, and be completed by March , 19 86 A combined total of P2 person days of effort are projected for MATCH and the Development/ Business Expert. Any follow-up time requirements after the delivery of this level of effort will be negotiated at the appropriate time and by separate agreement. L r, The Community and MATCH shall indicate their concurrence by executing this work plan. Please return one (1) copy to: The MATCH -Institution 2101 S Street, N.W. Washington, D.C. 2008 The parties have executed this work plan on 8th (day) of January 1986. For the Community For The MATCH Institution By: cam..-�G By: Tit Mayor Title: CA SC} 907 Al Seminar Format MATCH -- 3 trips X $530.00 $1,590.00 Peer Expert (1 person from Miami, Fla. to Cedar Rapids) 600.00 Hotel - $50/night, 6 nights 300.00 Ground transportation - 6 days, $50/day 300.00 Per Diem - $50/day X 10 500.00 $ 3, 290.00* Person Days Project Coordination 9 MATCH, 10 days paid by HUD/SBA Project Delivery - MATCH 4 X $325.00 1,300.00 Peer Expert - 8 X $300/day 2,400.00 $3,700.00 -TOTAL: $6,990.00 *Includes the factor of U of I facilities. gas RESOLUTION NO. 85-366 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR VARIOUS PURCHASES IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET, CONTRACTS FOR PUBLIC IMPROVEMENTS WHEN THE TOTAL COST OF SUCH PUBLIC IMPROVEMENT DOES NOT EXCEED THE SUM OF $25,000, AND FOR SERVICES WHEN THE TOTAL COST OF SUCH SERVICES DOES NOT EXCEED $25,000. WHEREAS, pursuant to Resolution No. 80-397, adopted and approved on September 9, 1980, the City Council authorized the City Manager to initiate and enter into contracts for purchases in accordance with the Annual Operating Budget for public improvement contracts wherein the estimated total cost does not exceed twenty-five thousand dollars ($25,000), without prior City Council action, and for public improvements contracts where the total cost does not exceed twenty- five thousand dollars ($25,000), and WHEREAS, it is desired that the language of the resolution be clarified to insure that similar authority exists for all service contracts which do not exceed $25,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Resolution No. 80-397 be and the same is hereby rescinded, and 2. That the City Manager be authorized to initiate and execute the following purchases and contracts on behalf of the City of Iowa City without prior City Council action and to make expenditures on account thereof in accor- dance with the annual operating budget as approved by the City Council: A. Purchases of goods, supplies, equipment and materials; B. Public improvements contracts where the total cost does not exceed the amount of twenty-five thousand dollars ($25,000). C. Contracts for the provision of services where the total cost does not exceed the amount of twenty-five thousand dollars ($25,000). It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES EI X X _K X X X NAYS: ABSENT: Passed and approved this 17th day of ATTEST: A�� 4/ CITY -CLERK AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER December 1 119885 jvdl/Aw KJ� MAYOR Ep proves:eertment �a l� RESOLUTION NO. 85-367 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY AND OLD CAPITOL CAB CO. OF IOWA CITY, INC. FOR FY86 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, it is in the public interest to provide taxi service to Iowa City residents in order to supplement the Johnson County/Iowa City SEATS program for delivery of special elderly and handicapped transit services, and WHEREAS, based on a competitive bidding process, City staff recommends the award of a contract to Old Capitol Cab Co. for the FY86 SEATS supplemental taxi service, and WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of this State may Be exercised jointly with any other public agency of this State having such power, and WHEREAS, Iowa City, Johnson County and Old Capitol Cab Co, have negotiated a 28E Agreement for the provision of supplemental taxi services for Iowa City residents and a copy of said contract is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a contract for supplemental taxi service to the Johnson County SEATS program is hereby awarded to Old Capitol Cab Co. 2. That the Mayor is authorized to sign and the City Clerk to attest the 28E contract between the City of Iowa City, Johnson County and Old Capitol Cab Co. for supplemental taxi service to the Johnson County SEATS pro- gram. 3. That the City Clerk is directed to file the 28E Agreement with the Secre- tary of State and record same with the Johnson County Recorder. It was moved by Dickson and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES X X X X X X X Passed and approved this 17t ATTEST: „) _'e. 444 , NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber h day of December , 1985. �6 YOR Py The Depart eht _Awi 8r-, 9_-2 28E AGREEMENT FOR FY86 SUPPLEMENTAL TAXI SERVICE This 28E Agreement is made and entered into on the c27 day of 1985, by and between the City of Iowa City, a munici'pal—corporation, herein- after referred to as "City," Johnson County and Old Capitol Cab Co. of Iowa City, Inc., hereinafter referred to as Old Capitol Cab Co. SCOPE OF SERVICES Old Capitol Cab Co. shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the John- son County SEATS program. II. GENERAL TERMS 1. The origin and/or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service shall be the metropolitan area of Johnson County within the corporate limits of Iowa City, Coralville and University Heights. The provision of transportation by Old Capitol Cab Co. under this agreement shall be administered by Johnson County SEATS. Elderly and handicapped residents of Iowa City shall call the SEATS dispatcher to request transportation. The SEATS dispatcher shall determine if the ride is eligible for subsidized taxi service and will inform Old Capitol Cab Co. dispatcher of the intended trip, whereupon a taxi will be dispatched. For the purposes of this program, an elderly person is defined as an individual over 60 years of age; a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental impairments which seriously limit his/her ability to obtain adequate transportation either through the use of private automobile or public transit. This includes persons who are restricted to wheel- chairs. A spouse or companion accompanying eligible persons shall also be eligible to obtain rides. The following trips shall be eligible for subsidized taxi service from Old Capitol Cab Co.: Medical (i.e. doctor, dentist, drug store); trips that cannot be easily scheduled 24 hours in advance. Any other trip that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category include social service, shopping, volunteer service, social/senior activity trips and employment - include regularly scheduled trips to and from a worksite. Taxi service shall be available 24 hours per day. Off -hour service must be scheduled during hours of SEATS operation. 9�? STS 2 5. Old Capitol Cab Co. shall reserve theright to refuse service to any passenger that is being disruptive. The SEATS manager shall be notified of all instances where a passenger is refused service. 6. Old Capitol Cab Co. shall notify the SEATS dispatcher if a scheduled pick up will be late. Old Capitol Cab Co. shall also notify the SEATS dispatcher if they arrive to pick up a rider and are unable to locate the rider. 7. Old Capitol Cab Co. shall assist passengers getting into and out of the cab and also assist them in carrying groceries and packages. III. COMPENSATION 1. Each eligible participant shall pay Old Capitol Cab Co. a donation for each trip and the City shall subsidize the remaining cost of the trip. However, no eligible participant without a donation shall be denied a ride by Old Capitol Cab Co. In this situation, the City shall subsidize the entire cost of the trip. A determina- tion of the total trip cost shall be calculated from the rates submitted by Old Capitol Cab Co. in their bid for the service: $1.60 for the first mile and $.50 for each additional half mile. The calculation of the first mile shall be mileage up to one and one-tenth miles and this shall also be the minimum charge. Each additional half mile shall be calculated at two-tenths and seven - tenths past the first mile. 2. On a monthly basis Old Capitol Cab Co. shall request reimbursement from the City for the amount of the trip subsidy. With this re- quest, an itemization of the date, time, donation, origin and destination of each trip shall be provided by Old Capitol Cab Co. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. IV. IDEMNIFICATION Old Capitol Cab Co. agrees to defend, idemnify and save harmless the City of Iowa City, its officers, employees and agents from any and all liability or claims of damages arising under the terms of this agree- ment. V. ASSIGNMENT Old Capitol Cab Co. shall not assign, sublet or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION Old Capitol Cab Co. shall not commit any of the following employment practices: a. To discharge from employment or refuse to hire any individual be- cause of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 9a 7 i b. To discriminate against privileges of employment tional origin, religion, tion or disability. VII. AFFIRMATIVE ACTION any individual in terms. conditions or because of their race, creed, color, na- age, sex, marital status, sexual orienta- Old Capitol Cab Co. agrees to comple°te an equal opportunity policy statement, as provided by the City of Iowa City. Old Capitol Cab Co. agrees to permit inspection of their records concerning the supplementary service by a person representing the City of Iowa City, Johnson County and/or the State of Iowa, during normal work- ing hours. VIII. DUA TION This agreement shall be in effect from January 1, 1986, to June 30, 1986. Upon agreement by the parties hereto, the terms of this agree- ment may be extended an additional thirty (30) days. However, this agreement may be terminated upon thirty (30) days written notification by either the City or Old Capitol Cab Co. 'IX. EXTENT OF AGREEMENT This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the re- quirements of Chapter 28E, Code of Iowa. This agreement represents the entire agreement between the City of Iowa City, Johnson County and Old Capitol Cab Co. for subsidized taxi service as herein provided. It may be amended only by a written instrument signed by all parties. OLD CAPITO CAB COMPANY CITY OF IOWA �CI%T�Y, IOOWAA B By : ' CT�x urc�C r e�nt� ohn -McDonald. Payor Attest: J/��� Attest:AP Marian Karr, ulty Lierk By: Attest: jrper ON OUNTY IOWA , Boar of up visors County uditor nt RESOLUTION NO. 8S-368 RESOLUTION ESTABLISHING A REVISED LANDFILL USE FEE. WHEREAS, Resolution No. 85-336 established a revised landfill use fee for the purpose of recovering the State mandated fee of 251 per ton of solid waste required to be paid to the State; and WHEREAS, the above said resolution imposed an effective date of January 1, 1986, and it has now been determined that the 251 per ton fee to be paid to the State need not be collected until April 1, 1986. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 85-336 is hereby repealed. 2. In order to recover the State mandated fee, the use fee for the Iowa City sanitary landfill shall be $7.75 per ton of solid waste with a minimum charge of $1.05. This fee shall become effective April 1, 1986. It was moved by Baker and seconded by Strait the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO x BAKER _ x DICKSON x ERDAHL MCDONALD STRAIT x ZUBER Passed and approved this 17 day of December Q, 1985. ),/, ,(T,� AYOR ATTEST: CITY CLERK 9'51 RESOLUTION NO. 85-369 RESOLUTION ABOLISHING VACANT POSITIONS. WHEREAS, Resolution No. 85-60 adopted by the City Council on March 12, 1985, establishing an operating budget for FY85 authorizes all permanent positions, and WHEREAS, vacancies currently exist which under the Civil Service Code are required to be filled within 90 days, and WHEREAS, the financial position of the City does not permit these positions to be filled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That the authorization of personnel be amended by the removal, effective December 17, 1985, of the following permanent positions which are currently vacant: A. One Code Enforcement Assistant in the Housing & Inspection Services Department. (Full-time) B. One Police Sergeant in the Police Department. (Full-time) C. One Firefighter in the Fire Department. (Full-time) D. One Maintenance Worker I in the Streets Division of the Public Works Department. (Full-time) E. One Recreation Supervisor in the Recreation Division of the Parks and Recreation Department. (Full-time) F. One Recreation Superintendent in the Recreation Division of the Parks and Recreation Department. (Full-time) G. One Sr. Clerk Typist -Minute Taker position in the Planning and Pro- gram Development Department. (Part-time) It was moved by Erdahl and seconded by Dickson be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO —� BAKER x DICKSON ERDAHL x_ MCDONALD X STRAIT x_ ZUBER Passed and approved this 20th day of December . 1985. ATTEST: Acr.�i,J 7fi u) CITY CLERK the Resolution R c•> .y} $ APPrOved By Tnc Iwai De Far:ntent iz tz 8r