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HomeMy WebLinkAbout1984 Resolution BookRESOLUTIONS BOOK 81 1 - 16 Page Res. k Title Date 1 84-1 Resolution to issue Cigarette Permit- 1/3/84 Power's Motel $ Guest Rooms 2-3 84-2 Res. Approving Prelim. and Final LSRD for 1000 Oakcrest Street Apartments 4 84-3 Res. Reclassifying Full -Time Positions in Equipment Division 5 84-4 Res. Accepting the Sanitary Sewer $ Storm 1/17/84 Sewer Improvements for Boyr m Subdiv., Part 2 6 84-5 Res. Accepting Paving and Storm Sewer Improvements for Walden Square 7 84-6 Res. Accepting Paving and Storm Sewer Imp. for Aspen Lake Subdivision, Part 1 8-20 84-7 Res. Approving Proceeding w/Issuance and Sale of not to exceed $850,000 of CDRB(Gilbert Towers Associates Project) 21 84-8 Res. to Issue Dancing Permit-Dooley's 22-29 84-9 Res. Certifying Unpaid Water, Sewer and Refuse Charges to County Auditor for Collection in Same Manner as Property Tax 30-32 84-10 Res. Authorizing Mayor to Execute Agmt w/Johnson Co. Bd. of Supervisors to Support County's Application for State Community Development Block Grant Funds for Joint Human Services Facility and Committing Funds for same 33 84-11 Res. as a Record of Release of any Right, Title or Interest in Lot 4 and W 50' of Lot 3, Block 64, O.T. from City Council in connection w/ UR Project R-14 34-36 84-12 Res. Authorizing Mayor to Sign Certificate of Compliance Pertaining to Certain Property owned by City and located within UR Project Area (Parcel 64-1b Hotel) 37-38 84-13 Res. Authorizing Mayor to Sign Agmts. for Acquisition of Real Property for R -O -W purposes, Temporary Construction Easements, and a Borrow Easement, all for Camp Cardinal Road Bridge Relocation Project 39-43 84-14 Res. Authorizing Execution of Agmt w/!DOT for Federal Aid Bridge Replacement Project for Reconstruction of Iowa Ave. bridge over Iowa River 45 84-16 Res. Setting P.H. on 2/14/84 to Consider Res. ]' Authorizing Lease to I.C. Comm. School District of Parcel of Land on I.C. Municipal Airport for One Yr. w/options to renew for 21 adtl. yrs. 44 84-15 Res. Issuing Dancing Permit to Crow's Nest RESOLUTIONS 84-22 BOOK 81 1 7- 33 Page Res. # Title 46 84-17 Res. Setting P.H. for 2/14/84 on Budget Estimates for Fiscal Yr. 7/1/84-6/30/85 47 84-18 Res. Accepting Work for Portion of Paving Improvements for Ty'n Cae Subdivision, Part III 48 84-19 Res. Setting P.H. on 2/14/84 on Plans, Specifications, Form of Contract and Estimate of Cost for Iowa Ave. Bridge 78-79 84-2 4 Reconstruction Project 49-62 84-20 Res. Authorizing Mayor to Sign Agmt between City and Shive-Hattery $ Assoc. establishing Design and Related Fees for Engineering 80-82 84-2 S Services for Hwy 1/Interstate 80 Sewage Pumping Facilities Project 63-70 84-21 Res. Authorizing Mayor to sign Contract and 83 84-26 Memorandum of Understanding for Advance 84 84-27 Funding of Federal Transit Assistance Using 85-90 84-28 State Use Taxes Date 1/31/84 71-74 84-22 Res. Authorizing Mayor to Sign Subordination Agmt between City and Midwest Federal Savings $ Loan Assoc. Affirming Fact that Midwest Federal's Mortgage on Hotel Property is Superior to City's Right to re-enter and take Possession as Stated in Contract for Sale of Land for Private Redevelopment 75-77 84-2 3 Res. Authorizing Mayor to Sign a Quit Claim Deed to Thomas Alberhasky of Parcel of Land Abutting Lot 5, Block 13, County Seat Add. 78-79 84-2 4 Res. Stating Intent to Acquire Park Land and Authorizing Initiation of Land Acquisition Procedures for 1984 CDBG Miller/Orchard Neighborhood Park Acquisition Project 80-82 84-2 S Reso. Authorizing Mayor to Sign Quit Claim Deed to Resolve Title Problem on Property at 1701 Ridge Road 83 84-26 Res. Issuing Dancing Permit to The Stadium 84 84-27 Res. Issuing Cigarette Permit to Bo -James 85-90 84-28 Res. Authorizing Execution of Agmt w/City And IDOT for Street Lighting 91 84-29 Res. Approving Prelim. Plat of BDI 5th Add, A Subdivision of Johnson County 92-93 84-30 Res. Revising Annual Budget, FY84, Ending June 30, 1984, for Publie Housing Project IA022003 94-95 84-31 Res. Revising Annual Budget, FY84, Ending June 30, 1984, for Public Housing Project IAO5Po22004 96-98 84-32 Res. Authorizing Mayor to Sign Addendum to Agmt w/Assoc. for Retarded Citizens for use of CDBG funds for renovation and expansion of Nelson Adult Center 99-101 84-33 Res. Authorizing Mayor to Sign Agmt. between City and Iowa City Comm. School District for Provision of Joint Fueling $ Vehicle Washing Facility Use 2/14/84 RESOLUTIONS Res. Authorizing Issuance of $850,000 in BOOK 81 34 - 50 Page Res. # Title Date 102-107 84-34 Res. Authorizing Execution of Quit Claim 2/14/84 Ending June 30, 1985 84-48 Deed Corrective of Title (Gilbert Tower through 1959 Associates) 108-109 84-35 Res. Establishing Mechanical Permit Fees maintenance, operation, etc., of water pipe for Iowa City Mechanical Code 110 84-36 Res. Accepting Work for Portion of Paving 2/28/84 84-50 Res. Authorizing Mayor to Sign Agmt. w/C.R. Improvements for First $ Rochester, Part 1 111 84-37 Res. Accepting Work for Portion of Sanitary located upon railroad property(near Thomas $ Sewer and Storm Sewer Improvements for First Betts Corporation) and Rochester, Part 1 112 84-38 Res. Accepting Work for Sanitary Sewer Improvements for Cruise Sanitary Sewer Extension 113 84-39 Res. Establishing Consultation Policy for Council and P$Z Comm. 114 84-40 Res. Establishing Charter Review Comm. 115-116 84-41 Res. Authorizing Execution of Amendment to Agmt. w/B&B Engineering Services Corp. (re Rundell, Dearborn $ Center water pumping fac.) 117-119 84-42 Res. Authorizing Mayor to Sign Amendment to Agmt. w/Emergency Housing Project, Inc. for Use of CDBG Funds to acquire, rehabilitate, and operate an Emergency Housing Facility 120-139 84-43 Res. Authorizing Execution of Consolidated Annual Contributions Contract and General Depositary Agmt. 140-142 84-44 Res. Establishing Bldg. Permit, Plan Checking and Demolition Permit Fees for City of I.C. Bldg. Code 143 144-15S 1S6 157-158 159-164 165-170 84-45 Res. Establishing Policy for Use of Funds Derived from Hotel -Motel Tax 84-46 Res. Authorizing Issuance of $850,000 in Aggregate Principal Amount of CDRB (Gilbert Towers Associates Project) 84-47 Res. Adopting Annual Budget for Fiscal Year Ending June 30, 1985 84-48 Res. Approving CIP for Fiscal Years 1985 through 1959 84-49 Res. Authorizing Mayor to Sign Agmt. w/C.R. & I.C. Railway Company re installation, maintenance, operation, etc., of water pipe located upon railroad property(just S of Hwy 6 Bypass) 84-50 Res. Authorizing Mayor to Sign Agmt. w/C.R. and I.C. Railway Company re installation, maintenance, operation, etc., of water pipe located upon railroad property(near Thomas $ Betts Corporation) 3/13/84 RESOLUTIONS BOOK 81 Sl- 69 Page Res. # Title 171-172 84-S1 Res. Approving Prelim. Plat of Pepperwood Add., 3/13/84 Parts 4-7, located W of Pepper Dr. and S. of K -Mart area 173-177 84-52 Res. Authorizing Mayor to Sign Agmt. w/Willow Creek Neighborhood Center for use of CDBG funds for purchase of handicapped passenger van 178 84-53 Res. which Establishes Willow Creek Court as name of frontage road along Hwy 1 S from Sunset St. to Willow Creek Dr. 179-184 84-54 Res. Authorizing Mayor to Sign Agmt. w/MMS Consultants of I.C. for inspectionservices for Camp Cardinal Road Bridge Relocation Project 185 84-55 Res. Establishing Fees for City Plaza Use Permits 186 84-56 Res. Amending Authorized Permanent Positions in Transit Dept. 187 84-57 Res. Adopting Supp. 19 to Code of Ordinances 3/27/84 188 84-58 Res. Authorizing Abandoned Bicycle Sale 189-190 84-59 Res. Establishing Urban Environment Ad Hoc Committee 191 84-60 Res. Authorizing Mayor And City Manager to Sign Grant Agmt, w/Iowa Dept. of Water, Air, and Waste Management for Funding of Step 1 Work (Sewer Study ) of Wastewater Treatment Facility 192 84-61 Res. Approving Award of Contract and Authorizing Mayor to Sign Contract for Construction of Camp Cardinal Road Bridge Relocation Project 193-196 84-62 Res. Establishing Consultant Selection Procedures 197-199 84-63 Res. Ordering Bids, Approving Plans, Specifications 4/3/84 and Form of Contract F, Notice to Bidders, Fixing Amount of Bid Security, and Ordering Clerk to Publish Notice and Fixing Date for Receiving Same, and for P.H. on Plans, Specif., Form of Contract $ Estimate of Costs -Hwy 1/I-80 Sewage Pumping Fac. 200 84-64 Res. Issuing Cigarette Permits 201 84-65 Res. Approving Dancing Permit -Amelia Earhart's 202 84-66 Res. Accepting Work for Relocation of Sanitary Sewer €, Storm Sewer for 1000 Oakcrest St. Apts. 203 84-67 Res. Authorizing City Clerk to appt. Adm. Clerk .Typist as Special Dep. Clerk to serve as clerk for City Council mtgs when Clerk nor Dep. Clerk can attend 204 84-68 Res. Establishing p.h. on 4/24/84 on IC-UMPA Sec. 3 grant amendment to allow purchase of two adtl. transit coaches 205 84-69 Res. Establishing p.h. on 5/22/84 on FY85 State Transit Assistance application 4/10/84 70- 19 RESOLUTIONS BOOK 81 Page Res # Title Date 206-209 84-70 Res. Approving Final Plat of Pepperwood Add., 4/10/84 Parts 4-7 210-212 84-71 Res. Adopting Plans, Specifications, Form of Contract $ Estimated Cost for Hwy 1/I-80 Sewage Pwnping Facilities Project 213 84-72 Res. Establishing Commitment to provide financial support to Jo. Co. Council of Governments (JCCOG) 214-215 84-73 Res. Designating Mayor and City Mgr. as City Reps. on I.C. Dev. Corporation Bd. of Directors and Pledging City Support 216-229 84-74 Res. Authorizing City Mgr. to Execute Memo. of Agmt. for Downtown Hotel Proj.(UR 64-1B) 230-233 84-75 Res. Authorizing Execution of Amended Easement Agmt. for UR 64-1B (Hotel) 234-235 84-76 Res. Adopting Annual Budget, FY85, Ending 6/30/85 for Public Housing Projects IA022003 $ IA 05P022004 236-248 84-77 Res. Authorizing Execution of Agmts. w/CR$IC Railway Co. and IDOT 249-274 84-78 Res. Authorizing Agmt. between City of I.C. 8, Police Labor Relations Organization of I.C. to be effective 7/1/84--6/30/85 275-299 84-79 Res. Authorizing Agmt. between City of I.C. $ I.C. Assn. of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, to be effective 7/1/84-- 6/30/85 RESOLUTIONS BOOK 82 80- 96 Page Res # Title Date 300 84-80 Res. Approving Prelim. Plat for Briar 4/24/84 Ridge Parts I -III & Final Plat of Briar Ridge Part I 301-302 84-81 Res. Approving Final Plat of Oakes' Third Add. 303-304 84-82 Res. Authorizing Filing of Grant Amendment w/Dept. of Transportation, for Grant under Urban Mass Transport. Act of 1964 305-306 84-83 Res. to Protect Integrity of I.C. Broadband Telecommunications Network $ Cable TV Franchise 307-317 84-84 Res. Authorizing Mayor to Sign $ Clerk to Attest Agmt. w/Stanley Consultants to provide Engineering Services Required to Resolve Leachate Problem at Sanitary Landfill 318-327 84-85 Res. Authorizing Mayor to Sign & Clerk to Attest Easement Agmts. w/Ray Slezak $ Aage and Evelyn Jensen in Conjunction w/1984 Special Paving Assessment Proj- Tanglewood St/Ventura Ave 328-332 84-86 Res. Authorizing Mayor to Sign F, Clerk to Attest Agmt. w/MYEP for use of 1984 CDBG Funds for MYEP/Iowa Youth Corps Summer Conservation Program 333 84-87 Res. Authorizing Mayor to Sign $ Clerk to Attest Agmt. w/I.C. Rotary Club for Lease by City of Camp Cardinal Rotary Scout Camp 334 84-88 Res. Authorizing Mayor to Sign and Clerk to Attest Agmt. w/Johnson Co. Citizen's Committee for the Handicapped 335 84-89 Res. of Commendation -Ralph Taylor/HIS 5/8/84 336 84-90 Res. of Commendation -Paul Bogs/Sanitation Landfill 337 84-91 Res. Setting P.H, on Amending FY84 Operating Budget 338 84-92 Res. Setting P.H. on Approving FY84 Capital Projects Budget 339 84-93 Res. Setting P.H. on Plans, Specific., Form of Contract, & Estimate of Cost for Construction of FY'85 Asphalt Resurfacing Proj. 340-342 84-94 Res. Authorizing Execution of Agmt. w/Northwestern Tell Telephone Co. (removal or replace. or construc. of facilities included in Ia. Ave. Bridge Reconst.) 343-347 84-95 Res. Authorizing Execution of Agmt. w/Cedar Rapids 8, I.C. Railway Co. re Installation, Maintenance, Operation, etc. of Conduit located upon R.R. Property 348 84-96 Res. Setting Expiration Date for E. and N.E. I.C. Development Policy adopted by Res. 83-187 $ Amended by Res. 83409 RESOLUTIONS Page 349-351 352 353-355 356 357-359 360-372 373 374-386 387 388 389 390 391-392 393 394-395 K llf: 397 398-400 401 402-403 C II N Res # Title 97 - 116 Date 84-97 Res. Authorizing Mayor to Sign Addendum to Agmt. 5/8/84 w/Willow Creek Neighborhood Center, Inc. for Use of CDBG Funds for Purchase of Handicapped Passenger Van 84-98 Res. Authorizing Mayor to Sign FY85 Application for State Transit Assistance 84-99 Res. Deferring Making Award of Contract - Hwy 1/Interstate 80 Sewage Pumping Fac. Proj. 84-100 Res. Approving Plans, Specif., Form of Contract F, Estimate of Cost for Construction of Iowa Ave. Bridge Reconstruction Proj. 84-101 Res. Authorizing Execution of Agmt. w/State Bd. of Regents (on behalf of U of I) 84-102 Res. re Issuance of not to Exceed $3,000,000 in IDRB (Pharmaceutical Development Systems, Inc. Proj.), directing publication of Notice of Intention to Issue, calling P.H. on proposal to issue and authorizing execution of Memorandum of Agmt. 84-103 Res. Reclassifying Full Time Positions in City Manager's Office and Treasury Division 84-104 Res. Authorizing Execution of Amgt. w/Hansen Lind Meyer, P.C. for architectual $ eng. services of Part I of I.C. Parking Study 84-105 Res. of Commendation -Charles Fulton 5/22/84 84-106 Res. issuing Cigarette Permit to Knox Corporation, 2229 Muscatine Avenue 84-107 Res. Accepting work for Linn St. Improvement Project 84-108 Res. Accepting Work for Rocky Shore Bikeway Project 84-109 Res. Authorizing Mayor to Sign a Contract w/ Iowa -Illinois Gas F, Electric for installation $ maintenance of electric primary distribution system to serve Rundell -Center stormwater pumping station 84-110 Res. Approving Amended Bylaws of Resources Conservation Commission 84-111 Res. to Consent to Vacation of portion of Sturgis Corner Add., Part 2, which includes Lot 6, Lot 9, the river front area, & portion of Sturgis Corner Drive R -O -W & located at E end of 84-112 Res. to approve prel. plat, planned development plan & LSRD of Hunter's Run Subd, Parts 2-8 $ final subd. plat and LSRD of Hunter's Run Subd. Parts 2 & 3, located one mile W of Mormon Trek Blvd. on N side of Rohret Rd. 84-113 Res. approving Prel. Plat of Highlander Development located in NE corner of Intersection of Hwy 1 8, I-80 84-114 Res. Approving Final Plat of Highlander Development, First Add. 84-115 Res. Adopting Plans, Specif., Form of Contract $ Cost Estimate for FY85 Asphalt Resurfacing Program 84-116 Res. Amending Current Budget for Fiscal Year ending 6/30/84 RESOLUTIONS 84-129 BOOK 82 117- 135 Page. Res # Title 404-411 84-117 Res. Adopting Capital Projects Fund Budget for Fiscal Year Ending 6/30/84 412-416 84-118 Res. Making Award of Contract for Hwy 1/I-80 Sewage Pumping Facilities Project to 456-462 84-132 Sulzberger Excavating, Inc. of Muscatine, Iowa 417-422 84-119 Res. Ordering Construction of Certain Public Imp. (Rochester Ave. Reservoir $ Pumping Station) 463-466 84-133 and Fixing June 5, 1984, as date for P.H. & Taking Bids thereof 423 84-120 Res. Establishing P.H. on City of Iowa City's WA Section 3 Application for Financial Assistance to Purchase Transit Coaches 424-425 84-121 Res. Authorizing Filing of Section 3 Grant w/ UMF'A, U.S. DOT, USA, for Grant to Purchase Transit Equipment 426-427 84-122 Res. To Adopt Amendment to IRB Policy for I.C. Enlarging Chapter 403 Area Eligible to apply for IRBs 428-440 84-123 Res. Re issuance of not to exceed $900,000 in CDRB (Jackson Square Associates Project) 441 84-124 Res. Engaging Auditor for year ending 6/30/84- McGladrey, Hendricksen $ Pullen, CPA 442-442A 84-125 Res. Issuing Cigarette Permits 443 84-126 Res. Setting P.H. on Plans, Specif., Form of Contract, etc. for Construction of Shamrock Arbor Creek Channel Imp. Project 444 84-127 Res. setting p.h. on Plans, specif., etc. for Construction of Imp. to Capitol St. Parking Ramp 445 84-128 Res. Accepting Sanitary Sewer for R Plaza Dev. Date 6/S/84 446 84-129 Res. Approving Prelim. Plat of Deer Hill Subd. 447-450 84-130 Res. Authorizing Mercy Hospital to use public r -o -w locations for erection of private directional traffic signs 451-455 84-131 Res. Adopting Plans, Specif., etc. for Construction of Rochester Ave. Reservoir $ Pumping Station 456-462 84-132 Res. holding p.h. and approving proceeding w/ issuance of $3,000,000 in IDRB to Pharmaceutical Development Systems, Inc. project 463-466 84-133 Res. Approving Contract and Bond for Impr.- Hwy 1/I-80 Sewage Pumping Facilities Proj 467-469 84-134 Res. Adopting new schedule of fees for water main taps, water main installation F, service charges for routine water service procedures 470 84-135 Res. Setting Parking Rates for I.C. Parking System RESOLUTIONS Page 471 472-474 475-477 478-479 480 481-483 484-485 486 487 488-490 491 492 493 494-495 496 497 498 499-505 506 507-510 Sll-S13 :CG 135-156 Res # Title Date 84-136 Res. Setting fee schedule for Bldg. Moving 6/5/84 Licenses and Permits 84-137 Res. Authorizing Mayor to Sign FY85 Cambus Supplementary Service 28E Agmt 84-138 Res. Authorizing Mayor to Sign Amendment to 28E Agmt. w/Johnson Co. and A-1 Cab, Inc. for FY84 SEATS Supplemental Taxi Service 84-139 Res. Authorizing Mayor to Sign Release of Lien Re Promissory Note Executed by Eva Mae Allen 84-140 Res. Acce ting Donation from Phil Phillips of Lan7n Block 19, Section 10 84-141 Res. Adopting Regulations for operation of outdoor service areas 84-142 Res. Authorizing Execution of Amendment to Contract for Legal Services fees for John Hayek 84-143 Res. on Unclassified Salaries and Compensation for Fiscal Year 1985 beginning 7/l/84(City Mgr.) 84-144 Res. Issuing Dancing Permit to Gabe's $ Eagles 84-145 Res. to Issue Cigarette Permits 84-146 Res. Adopting Supplement 20 to Code of Ord 84-147 Res. Setting P.H. for 7/3/84 on Plans, Specif., for Construction of Reinforced Box Culvert at First Ave. F, N.E. Branch of Ralston Creek 84-148 Res. Setting P.H. for 7/3/84 on Plans, Specif., for Construction of FY85 Bridge Painting Program 84-149 Res. Approving Prelim. $ Final Plat of Clear Creek Subd. 84-150 Res. Approving Prelim. Plat of First and Rochester Add.. Part 2 6/19/84 84-151 Res. Adopting Plans, Specif., etc. for Capitol Street Parking Ramp Imp. Proj. and Authorizirg Bids to be rec'd. 6/28/84 84-152 Res. Adopting Plans, Specif., etc. for Shamrock/ Arbor Creek Channel Imp. Proj. and Authorizing Bids to be reed 7/10/84 84-153 Res. Adjourning to 7/3/84 P.H. and Decision Whether or not to Proceed w/issuance of CDRBs (Jackson Square Associates Project) 84-154 Res. Awarding Constract for FY85 Asphalt Resurfacing Program to L.L. Pelling Company, Inc. 84-155 Res. Authorizing Mayor to Sign Agmt. w/Plum Groves Acres, Inc. (re Rochester Ave. Water Storage Tank) 84-156 Res. Authorizing Legal Dept. to issue opinion to Settle Title Objection (corner of Bristol Dr. $ N. Dodge St.) RESOLUTIONS BOOK 82 1S7 - 168 Page Res # Title Date 514 84-157 Res. Establishing Classification/Compensation 6/19/84 for Confidential Employees 515 84-158 Res. Establishing Classification/Compensation Plan for AFSCME Employees 516 84-159 Res. Establishing Classification/Compensation Plan for Administrative Employees 517-520 84-160 Res. Authorizing Mayor to Execute Contract for Youth Services in I.C. Area w/Big Brothers/Big Sisters Program in Johnson Co. 521-524 84-161 Res. Authorizing Mayor to Execute Contract for Emergency Assistance in I.C. Area w/I.C. Crisis Intervention Agency 525-528 84-162 Res. Authorizing Mayor to Execute Contract in I.C. Area w/Domestic Violence Project 529-533 84-163 Res. Authorizing Mayor to Execute Contract for Elderly Services in I.C. Area w/Elderly Services Agency of Johnson Co. 534-537 84-164 Res. Authorizing Mayor to Execute Contract for Neighborhood Services in I.C. Area w/Hawkeye Area Community Action Program, Inc. 538-541 84-165 Res. Authorizing Mayor to Execute Contract for Youth Services in I.C. Area w/MYEP 542-544 84-166 Res. Authorizing Mayor to Execute Contract in I.C. Area w/Rape Victim Advocacy Program 54S -S49 84-167 Res. Authorizing Mayor to Execute Contract for Youth Services in I.C. Area w/UAY 550-553 84-168 Res. Authorizing Mayor to Execute Contract for Neighborhood Services in I.C. Area w/Willow Creek Neighborhood Center RESOLUTIONS BOOK 83 169- 190 Page Res # Title Date 554-556 84-169 Resolution to Issue Cigarette Permits 7/3/84 557-558 84-170 Res. Authorizing Filing of Program Description for 1984 Rental Rehab. Grant Funds 559 84-171 Res. Approving Plans, Specif., Form of Contract $ Estimate of cost for construction of Reinforced Concrete Box Culvert at 1st Ave. $ N.E. Branch of Ralston Creek 560 84-172 Res. Approving Plans, Form of Contract, & Estimate of Cost for Construction of FY85 Bridge Painting Program 561-567 84-173 P.H. $ Res. Approving Proceeding w/Issuance and Sale of CDRB(Jackson Square Associates Proj.) 568-571 84-174 Res. Authorizing Mayor to Sign 7th Renewal of 28E Agmt. between I.C. $ Johnson Co. for Transit Services 572 84-17S Res. Directing City Clerk to Publish Notice to Bidders $ Fixing Time $ Place for Receipt of Bids for Capitol St. Parking Ramp Imp. Project 573 84-176 Res. Awarding Contract F, Authorizing Mayor to Sign for Construction of Contract 1 -Reservoir for Rochester Ave. Reservoir 574 84-177 Res. Awarding Contract €, Authorizing Mayor to Sign for Construction of Contract 2 -Reservoir of Rochester Ave. Reservoir 575-S77 84-178 Res. Authorizing Execution of Overwidth Paving Agmt-Plum Grove Acres, Inc. 578-580 84-179 Res. Authorizing Mayor to Sign Release of Lien re Promissory Note Executed by Emilio G. Arredondo 581-583 84-180 Res. Authorizing Mayor to Execute Agmt. w/CWG Investments (Old Public Library and Adj. Parking Lot -amendment to Amgt) S84-586 84-181 Res. Adopting Regulations for Operation of Sidewalk Cafes on Public R -O -W S87 84-182 Res. Establishing Fees for use of Public R -O -W for Operation of Sidewalk Cafe 588-590 84-183 Res. Authorizing Mayor to Execute Offer to Buy Real Estate and Acceptance of Agmt. for Sale by City of Elm Grove Park to Johnson Co. 591 84-184 Res. Establishing Salary for FY85 for City Clerk and City Attorney 592 84-18S Res. to Issue Dancing Permits 7/19/84 593 84-186 Res. to Issue Cigarette Permits 594 84-187 Res. Setting P.H. on Plans, Specif., etc. for Construction of Sanitary Sewer ImFrovements- Sewer System Rehabilitation S95 84-188 Res. Accepting Work for Transit Maintenance Facility Parking Imp. Project 596-598 84-189 Res. Approving Prelim. $ Final LSNRD of Sturgis Corner 599 84-190 Res. Approving Prelim. $ Final LSNRD for Marsh $ McLennan Bldg. on Lots 19$20 Highlander Dev. RESOLUTIONS BOOK 83 Page Res # Title Date 600-607 84-191 Res. Authorizing Execution of Agmt. w/Veenstra 7/19/84 F, Kim for Services -Rochester Ave. Reservoir 608 84-192 Res. Awarding Contract and Authorizing Mayor to Sign Contract for Construction of Shamrock/ Arbor Creek Channel Imp. Project 609-610 84-193 Res. Authorizing Execution of Agmt. w/U of I - Iowa Ave. Bridge Reconstruction Proj. 611 84-194 Res. Approving Award of Contract & Authorizing Mayor to Sign Contract for Construction of 649-659 84-205 Iowa Ave. Bridge Reconstruction Proj. 612 84-195 Res. Awarding Contract & Authorizing Mayor to 660-665 84-206 Sign Contract for Construction of Capitol Street Parking Ramp Imp. Project 613-622 84-196 Res. Authorizing Amendment of Name of Developer 666-673 84-207 and Owner of Project from Pharmaceutical Dev. Systems, Inc. to Southgate Dev. Company, Inc. 674-680 84-208 Directing Publication of Notice of Intent to Issue Bonds F, Calling P.H. 623-626 84-197 Res. Authorizing Mayor to Sign 28E Contract w/ Johnson Co. $ A-1 Cab, Inc. for FY85 SEATS Supplemental Taxi Service 627 84-198 Res. Amending Positions in AFSCME Classification Plan 628 84-199 Res. Reclassifying Full -Time Position in Equipment Div. 629-630 84-200 Res. Approving Application for Public Housing $ Public Housing Agency Request for Front -End Annual Contributions Contract 631-633 84-201 Res. in Support of Public Housing Project 634-637 84-202 Res. of Cooperation -Public Housing Project 638-639 84-203 Res. Authorizing City Mgr. to Execute Agmts. between City $ Agencies Leasing Space at Sr. Center on Regular, Part -Time Basis 640-648 84-204 Res. Authorizing Execution of Contract -Rental of Space in Sr. Ctr. by Jo. Co. SEATS 649-659 84-205 Res. Authorizing Mayor to Sign 28E Contract w/ Jo. Co. for space at Sr. Ctr. for Nutrition Program 660-665 84-206 Res. Authorizing Mayor to Sign 28E Agmt. between City $ Iowa Gerontology Project Adult Day Program for Lease of Space at Sr. Ctr. 666-673 84-207 Res. Authorizing Execution of Contract -Rental of space in Sr. Ctr. by Elderly Services Agency 674-680 84-208 Res. Authorizing Execution of Contract -Rental of space in Sr. Ctr. by American Assoc. of Retired Persons 681-689 84-209 Res. Approving Signage and Landscaping Plans for UR Parcel 64-lb(Hotel) RESOLUTIONS Page 690 691-694 695-697 698-700 701 702 703 704-705 706-709 710 711 712-722 723-726 727-730 731-805 806 807 808 809-815 816-823 824 :WJ. 210 - Res # Title Date 84-210 Res. issuing cigarette permit-Stonewall's 84-211 Res. Accepting Work for 1983 Paving Imps. (Lyon's 2nd Add) Assessment Project 84-212 Res. Authorizing Adoption of Bylaws for CCN 84-213 Res. Approving Final Plat of BDI 5th Add. located at Northernmost end of Heinz Road 84-214 Res. Approving Prel, $ Final LSNRD of Pharmaceutical Dev. Systems, Inc. located on Lot One of BDI 5th Add. 84-215 Res. Approving Prel. $ Final LSNRD .for H. P. Smith Company 84-216 Res. Adopting Plans, Specs., Form of Contract F, Cost Estimate for Const. of Sanitary Sewer Imp. Sewer System Rehab. & Bids Rec'd 8/21/84 84-217 Res. Ordering Prep. of Final Plat & Schedule of Assessments for 1983 Paving Imps.(Lyon',s 2nd) 84-218 Res. Approving Contract $ Bond for Imps. (St. Anne's Drive Special Paving Assessment) 84-219 Res. Awarding Contract for FY8S Bridge Painting Program to Daryland Improvement Co., Inc. of Cottage Grove, Wis. 84-220 Res, Awarding Contract Bid for Reinforced Concrete Box Culvert at 1st Ave. F, N.E. Branch of Ralston Creek Proj. to Iowa Culvert Builders, Inc. of Sigourney, IA 84-221 Res. Authorizing Issuance of $900,000 in CDRB (Jackson Square Associates Project) 84-222 Res. Authorizing Execution of Amended Access Easement for UR6471B (Hotel) 84-223 Res. Rescinding Res. 84.141 $ Adopting New Res. Establishing Regulations for Operation of Outdoor Service Areas 7/31/84 84-224 Res. Authorizing City to amend Low Interest Loan And Forgivable Loan Manuals for Housing Rehab. Prog. 84-225 Res, Adopting 1985.86 CDBG Comm. Dev. Plan $ Authorizing City Mgr. to Certify City has develoned Comm. Dev. Plan 84-226 Res. Issuing Cigarette Permit -Holiday Inn 84-227 Res. Issuing Dancing Permits 84-228 Res. Adjourning to 8/28/84 p.h. and Decision Whether to proceed w/Issuance of $3 million IDRB (Southgate Development) 84-229 Res. Adopting & Levying Final Schedule of Assessments & Providing for Payment Thereof; 1983 Paving Imp. (Lyon's 2nd Add.) 84-230 Res. Setting Parking Rates for I.C. Parking System 8/14/84 so RESOLUTIONS BOOK 83 Page Res # Title Date 825-854 84-231 Res. Modifying Urban Renewal Plan for Project 8/14/84 Iowa R-14 (seventh resolution) 855 84-232 Res. Authorizing P, Directing Submission of Application for 14 Section 8 Existing Housing Certificates F, Requesting Funds 856857 84-233 Res. Authorizing Execution of Amendment to Revised Annual Contributions Contract 858-859 84-234 Res. Authorizing Mayor to Sign Amendment to Agmt. w/Emergency Housing Project, Inc. 860-862 84-235 Res. Approving Agmt. between City $ U.S. Postal Service Authorizing Police Personnel to go upon Federal Property for Law Enforcement Purposes 863-864 84-236 Res. Authorizing Mayor to Sign Fy85 Agmt. b/City and City of University Heights for Provision of Transit Service w/in corporate limits of University Heights RESOLUTIONS BOOK 84 237-959 PAGE RES # TITLE DATE 865 84-237 Resolution of Commendation to Donald Shimon 8/28/84 866 84-238 Resolution Issuing Dancing Permits -Highlander, Connections 867 84-239 Resolution Accepting Sant. Sewer Imp. for Lots 16 $ 26 in Resubd. of Part of Lot 30 of Conway's Add. 868 84-240 Res. Setting P.H. for 9/11/84 on plans, spec., etc. for Construction of Mercer Park Ball Diamonds Fence Project 869 84-241 Res. Approving Prel. $ Final LSNRD of Millard Warehouse, Phase III 8, IV, located on Lot 1 of BDI 4th Add. 870-876 84-242 Res. Proceeding w/issuance F, sale of IDRB (Southgate Development Company, Inc. Project) 877 84-243 Res. Awarding Contract for Sant. Sewer Imp. Project -Sewer System Rehab. to J.C. Construction, Ltd. of Iowa City 878 84-244 Res. Approving Official Municipality Renort for Mun. Streets $ Parking 6, Official St. Construction Program Status Report for FY ending 6/30/84 879-888 84-245 Res. Adopting Policies, Non -Structural Changes $ Grievance Procedure to assure Accessibility of City of I.C. Program, Activities $ Facilities to Handicapped Persons 889 84-246 Res. Amending No. of Authorized Positions in Finance Dept. -Parking Div. 890-893 84-247 Res. Authorizing City Mgr. to Enter into Agmt. w/ Von Briesen $ Redmond, S.C., by Steven B. Rynecki, for Labor Negotiation Services 894-913 84-248 Res. Approving Transfer of Broadband Telecomm. Franchise from Hawkeye Cablevision to Heritage Cablevision 914 84-249 Res. Issuing Cigarette Permit -Golden Corral 9/11/84 91S 84-250 Res. Adopting Supp. 21 to Code of Ord. 916 84-251 Res. Approving Plans, Specifications, Form of Contract $ Estimate of Cost for Construction of Mercer Park Ball Diamonds Fence Project 917-922 84-252 Res. Approving Plans for Signage for Holiday Inn on I.C. Property 923 84-253 Res. Abolishing One Vacant Fire Lt. Position in Fire Dept. 924-925 84-254 Res. Authorizing Jt. Agmt. b/I.C. Library Bd. of Trustees $ Council to Coordinate Negotiating Procedures for Purposes of Collective Bargaining 926 84-255 Res. Amending No. of Positions in HIS 927 84-256 Res. Amending No. of Authorized Positions in PW Dept. 928 84-257 Res. Reclassifying Full -Time Position in Streets Div. 929 84-258 Res. Amending Positions in Administrative Classification Plan RESOLUTIONS BOOK 84 259-279 PAGE RES k TITLE DATE 930 84-259 Res. to Refund Cigarette Permit-Hawkeye Amusement 9/25/84 (Time Out Restaurant $ Hungry Hobo) 931-932 84-260 Res. Authorizing Mayor to Sign Release of Lien re Promissory Note executed by Elsie Linder 933-938 84-261 Res. Authorizing Execution of Annual Contributions Contract 939-942 84-262 Res. Authorizing Funding to Construct Improvements at I.C. Airport Pursuant to Proposals from City to FAA F, Acceptance of Same by FAA by ltr. dated 9/18/84 943-946 84-263 Res. Accepting Work -St. Anne's Drive 947 84-264 Res. Ordering Prep. of Final Plat and Schedule of Assessments 948-952 84-265 Res. Accepting Work-Tanglewood/Ventura 953 84-266 Res. Ordering Prep. of Final Plat $ Schedule of Assessments 954-971 84-267 Res. Adopting Policies $ Structural Changes Included in Section SO4 Transition Plan that will Assure Accessibility of City of I.C. Programs, Activities and Facilities to Handicapped Persons 972-973 84-268 Res. Authorizing Mayor to Sign Amendment to FY85 Funding Agmt. w/MYEP 974-97S 84-269 Res. Authorizing Mayor to Sign Amendment to FY85 Funding Agmt. w/Rape Victim Advocacy Program 976-977 84-270 Res. Authorizing Mayor to Sign Amendment to FY85 Funding Agmt. w/UAY 978-979 84-271 Res. Authorizing Mayor to Sign Amendment to FY8S Funding Agmt. w/Domestic Violence Project 980-981 84-272 Res. Authorizing Mayor to Sign Amendment to FY85 Funding Agmt. w/I.C. Crisis Intervention Center 982-983 84-273 Res. Authorizing Mayor to Sign Amendment to FY85 Funding Agmt. w/ESA 984-985 84-274 Res. Authorizing Mayor to Sign Amendment to FY85 Funding Agmt. w/Willow Creek Neighborhood Center 986 84-275 Res. to Refund Cigarette Permit to Mervin F. Rotter dba 10/9/84 1Vhiteway Super Market 987-990 84-276 Res. Authorizing Adoption of Policy on Displacement in CDBG Projects 991-992 84-277 Res. Authorizing Mayor to Sign Amendment to Agmt. ia/ MYEP $ Independent Living, Inc. for Use of CDBG Funds for MYEP/IL Employment Program 993-1030 84-278 Res. Authorizing Adoption of Program Manual, Affirmative Marketing Plan $ Tenant Assistance Policy, and Designating Target Neighborhoods for Rental Rehab. Program 1031-1033 84-279 Res. Authorizing Mayor to Sign Second Addendum to Agmt, as Amended, w/Assoc. for Retarded Citizens of Jo. Co. for use of CDBG Funds for renovation F, expansion of Nelson Adult Center for Developmentally Mentally Disabled Adults RESOLUTIONS BOOK 84 280-299 PAGE RES # TITLE DATE 1034-1037 84-280 Res. Authorizing Mayor to Sign Supplement Agmt. w/ 10/9/84 Stanley Consultants, Inc. of Muscatine, Iowa for Design of Landfillleachate Control Project 1038-1040 84-281 Res. Authorizing Mayor to Sign Agmt. w/Plum Grove Acres, Inc. re First Ave. Overwidth Pavement 1041-1051 84-282 Res. Adopting & Levying Final Schedule of Assessments $ Providing for Pavement thereof; for St. Anne's Special Paving Assessment Project 1052-1061 84-283 Res. Adopting $ Levying Final Schedule of Assessments $ Providing for Payment thereof; for Tanglewood/ Ventura Special Paving Assessment Project 1062 84-284 Res. Awarding Contract for Mercer Park Ball Diamonds Fence Project to Sampson Eastern Iowa Fence of Davenport, Iowa 1063 84-285 Res. Amending No. of Authorized Positions in Fire Dept. by Adding One Fire Lt. Position 1064 84-286 Res. Amending No. of Positions in Assisted Housing Div. 10/23/84 1065 84-287 Res. Accepting Work for Paving & Storm Sewer for Pepperwood Add. Parts 4,5,6,7 1066 84-288 Res. Accepting work for FY85 Asphalt Resurfacing Program 1067 84-289 Res. Approving Pref. 8i Final LSNRD for BDI, Lot 2 1068-1069 84-290 Res. Approving Prel. F, Final Plat of Amhurst Subd. 1070 84-291 Res. Agree. w/Metcalf $ Eddy for Wastewater Plan -Alternative Study 1071-1112 84-292 Res. Approving Shared Housing Program Manual F, to Solicit Proposals from Eligible Organizations to Administer the Shared Housing Program for the Elderly 8, Handicapped Residents of Johnson County 1113 84-293 Resolution of Commendation to Arlo Fry 11/6/84 1114 84-294 Resolution to Issue Cigarette Permits 1115-1120 84-295 Res. Approving FY86, 87, 88, 89, 90 Street Construction Program from July 1, 1985 to June 30, 1990. 1121-1123 84-296 Preliminary Res. for construction of Sanitary Sewer Improvements (Taft Speedway) 1124 84-296A Res. fixing Values of Lots (Taft Speedway Sanitary Sewer) 1125-1126 84-296B Res. Adopting Prel. Plat & Schedule, Est. of cost and proposed plans and specs for construction of the Taft Speedway Sanitary Sewer Extension Project. 1127-1131 84-296C Res. of Necessity (Proposed) (Taft Speedway Sanitary Sewer Extension Project) 1132-1135 84-296D Res. Ordering Bids, Approving Plans, Specs and Form of Contract and Notice to Bidders, Fixing Amnt. of Bid Security, Publish Notice Fixing Date to receive bids and Notice of Public Hearing (Taft Speedway Sanitary Sewer Extension Project) 1136-1137 84-297 Res. Authorizing Reinstatement of lease Union Bus Depot 1138 84-298 Res. Amending Classification Positions in Transit Dept. 1139 84-299 Res. Amending Classification Positions in HIS Dept. RESOLUTIONS 84-311 BOOK 84 300- 322 PAGE RES # TITLE DATE 1140 84-300 Res. of Commendation to Edward Vorel 11/20/84 1141 84-301 Res. Approving Final Plat Deer Hill Subdivision 1142-1143 84-302 Res. Authorizing Filing of a CDBG Program Statement for 1985... and designanting City Mgr. as authorized 1210-1212 84-314 Chief Executive Officer for the grant. 1144 84-303 Res. Granting Cablevision Associates VII D/B/A Heritage Cablevision, Inc a 40 cent rate increase 1213 84-315 per month. 1145-1161 84-304 Res. Authorizing execution Fifth Amendment to contract 1214 84-316 for technical services with Zuchelli, Hunter $ Assoc. 1215 84-317 study redevelopment Parcel 64-1A. 1162 84-305 Resolution to Issue Cigarette Permits 12/4/84 1163 84-306 Resolution Accepting Work for Reinforced Concrete Box Culvert at First Avenue and N.E. Branch of Ralston Creek Project 1164 84-307 Resolution Adopting Supplement Number 22 to Code of Ordinances 1165-1166 84-308 Resolution Approving Prelim. Subdivision Plat of Ruppert Subdivision and Prelim. LSNRD of MHI Auto Center. 1167 84-309 Resolution Refer Zoning Ordinance Back to Planning $ Zoning Commission for reconsideration of Home Town Dairies V. Iowa City Holding the City had not followed proper procedures in its adoption. 1168-1178 84-310 Resolution Adopting Policy and Level of Service Statement for Snow and Ice Removal. 1179-1189 84-311 Resolution Authorizing Filing of Program Description for 1985 Rental Rehabilitation Grant Funds in the Amount of $70,000.00 1190-1204 84-312 Resolution Approving Petition and Waiver for the Taft Speedway Sanitary Sewer Extension Project 1985. 1205-1209 84-313 Resolution With Respect to the Adoption of the Resolution of Necessity Proposed for the Taft Speedway Sanitary Sewer Extension Project 1985. 1210-1212 84-314 Resolution Adopting Plans, Specifications, Form of Contract and Estimated Cost for construction of Taft Speedway Sanitary Sewer Extension Project 1985. 1213 84-315 Resolution to Issue Dancing Permit to Gabe's 12/18/84 at 330 East Washington 1214 84-316 Resolution to Issue Cigarette Permits 1215 84-317 Resolution Accepting Work for Shamrock/Arbor Creek Channel Improvements Project. 1216-1218 84-318 Resolution Amending Resolution Dated June 1, 1965 to Provide for Expeditious Disposal of Minor Parcels of Publicly -Owned Land. 1219 84-319 Resolution Authorizing Disposal of Vacated Alley ROW in Block 15, County Seat Addition, to Richard W. Johnson 1220 84-320 Resolution Consenting to Vacation of Portion of Plat of Ty'N Cae Subdivision, Part 3. 1221 84-321 Resolution Authorizing Issuance of ROW Sign Permit to Maid Rite Corner for a Sign located at 630 Iowa Avenue. 1222 84-322 Resolution Authorizing Issuance of ROW Sign Permit to Kentucky Fried Chicken for a Sign located at 2310 Muscatine Avenue. RESOLUTIONS BOOK 84 323- 329 PAGE RES # TITLE DATE 1223 84-323 Resolution Authorizing Mayor to Sign and City Clerk 12/18/84 to Attest an Agreement with the Elderly Services Agency to Develop and Administer a Shared Housing Program for the Elderly and Handicapped of Johnson County. 1224 84-324 Resolution Authorizing Application of 14 Section 8 Existing Housing Vouchers and Requesting Funds. 1225 84-325 Resolution Authorizing Application for 25 Family Units Under Section 8 Existing Housing Program. 1226 84-326 Resolution Authorizing City Clerk to Appoint a Senior Clerk Typist (Minute Taker) as a Special Deputy City Clerk to Serve as Clerk for Informal City Council Sessions. 1227-1235 84-327 Resolution Certifying Unpaid Water, Sewer and Refuse Charges to County Auditor for Collection in same manner as a Property Tax. 1236-1242 84-328 Resolution Authorizing Mayor to Sign and City Clerk to Attest an Agreement Between City and the Community and Home Health Service Agency for Lease of Space at the Iowa City Senior Center for an Adult Day Program. 1243-1244 84-329 Resolution Authorizing Mayor to Sign and City Clerk to Attest Two Quit Claim Deeds Disposing of a 40 foot Segment of Alley ROW in Block Nine (9) of County Seat Addition. RESOLUTION NO. 84-1 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firm§ 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: Dale Heck dba Power's Motel and Guest Rooms 24 Lincoln Avenue It was moved by Dickson and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Raker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 3rd day of January 19 84 kyr, r MI l Attest: //fn ,, City Clerk RESOLUTION NO. 84-2 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR 1000 OAKCREST STREET APARTMENTS WHEREAS, the owner, 1000 Oakcrest, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Residential Development (LSRD) plan for the following described real estate located in Iowa City, Johnson County, Iowa, to -wit: Beginning at the Southeasterly corner of Lot 7, Part 4, Terrace Hill, an addition to the City of Iowa City, as recorded in Plat Book 6, Page 80, of the Johnson County Recorder's Office; Thence N76023100"W, 443.37 feet to the Southwesterly corner of said Lot 7; Thence N18°52'03"E, 124.82 feet as recorded in Plat Book 14, Page 89, of the Johnson County Record- er's Office; Thence S88014137"E, 441.25 feet to the Easterly line of said Lot 7; Thence S13135'07"W, 214.99 feet along said Easterly line to the Point of Beginning. Said tract of land containing 74,000 square feet more or less and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed LSRD plan and have recommended approval of same; and WHEREAS, the preliminary and final LSRD plan has been examined by the Planning and Zoning Commission and after due delib- eration said Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final LSRD plan is found to con- form with all of the requirements of the City ordinances of the City of Iowa City, Iowa. WHEREAS, the owner has provided the City with a Storm Sewer Easement and a Sanitary Sewer Easement concerning storm sewer and sanitary sewer installations on the property subject to the LSRD plan; and WHEREAS, a previously given easement for storm sewer dated Jan- uary 14, 1967 and recorded January 31, 1967 in Book 297, page 14, Miscellaneous Records of Johnson County, Iowa, is no longer required by the City since said storm sewer is being relocated as provided in the LSRD plan. 15 Resolution No. 84,2 Page -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final LSRD plan for the above- described property is hereby approved. 2. That the easement for storm sewer dated January 14, 1967 and recorded January 31, 1967 in Book 297, page 14, Mis- cellaneous Records of Johnson County, Iowa, given to the City of Iowa City by Beeler Development Company is hereby vacated. 3. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify a copy of this resolution and of the final LSRD plan to the Of- fice of the County Recorder of Johnson County, Iowa. 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 ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 3rd day of January , 1984. R ATTEST: CITY CLERK n hh �.; C'6Y..- a.a .u8iiii'c'612 T I RESOLUTION NO. 84-3 RESOLUTION RECLASSIFYING FULL-TIME POSITIONS IN THE EQUIPMENT DIVISION. WHEREAS, Resolution No. 83-73 adopted by the City Council on March 29, 1983, establishing an operating budget for FY84 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, and WHEREAS, the following positions have been identified by the AFSCME Job Evaluation Committee as warranting reclassification, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the authorization of personnel in the Equipment Division be amended by the reclassification of Mechanic I - Welding and Mechanic I - Rebuild to Mechanic II - Welding and Mechanic II - Rebuild (range 8) of the AFSCME pay plan. 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 R STRAIT R ZUBER Passed and approved this 3rd day of Janvary , 1984. v YOR ATTEST: Y'CITY' CER R®a.alved & Approved 13Y She Legal Department iy zq r RESOLUTION NO. 84-4 RESOLUTION ACCEPTING THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR BOYRUM SUBDIVISION, PART 2 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, For sanitary sewer and storm sewer improvements for Boyrum Subdivision, Part 2 in Iowa City, Iowa as constructed by Swenka Excavating of Oxford, 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, loa.,a, 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 Ambri sco -- �_ X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of _ January Ig 84. Gsci /i!�Gt!/ai*�t�G MAYOR Received V" N, +^rovz,z ATTEST: 4/ Ai ) By YDS i gal De,P8r:TrV-",t CITY CLERK �S RESOLUTION NO. 84-5 RESOLUTION ACCEPTING THE PAVING AND STORM SEWER IMPROVEMENTS FOR WALDEN SQUARE 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 for Walden Square in Iowa City, Iowa, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer improvements for Walden Square in Iowa City, Iowa, as constructed by Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, N014 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 byAmbrisco and seconded by Strait l t that the resolution as read be adopted, and upon roll caIT were AYES: NAYS: ABSENT: X _ Ambrisco X Baker X Dickson X Erdahl X McDonald R Strait X Zuber Passed and approved this 17th day of January 19 84. MAYOR ATTEST: ",. -PO.rnj CITY CLERK ��/ /_„Pw RESOLUTION NO. 84-6 RESOLUTION ACCEPTING THE PAVING AND STORM SEWER IMPROVEMENTS FOR ASPEN LAKE SUBDIVISION, PART 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 improvements for Aspen Lake Subdivision, Part 1, in Iowa City, Iowa as constructed by Metro Pavers, Inc. of Iowa City, Iowa Storm sewer improvements for Aspen Lake Subdivision, Part 1, in Iowa City, Iowa, as constructed by Dave Schmitt Construction Company, Inc. of Cedar Rapids, 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 X Zuber Passed and approved this 17th_ day of January 1984 ATTEST: A/ le Z41LJ CITY CLERK MAYOR Roealved u A rov c BY Y,a Legal rD�ep.r;t:aae4 7 Iowa City, Iowa, January 17, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco McDonald Strait Absent: Dickson -1- (Other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $850,000 aggregate principal amount of the City's Corpmercial Development Revenue Bonds (Gilbert Tower Associates project), as required by Section 419.9, Code of Iowa, and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of financing all or a portion of the cost of acquiring, improving and equipping a 29 -unit multi -family residential apartment facility to be located at 501 South Gilbert and contiguous properties within the corporate boundaries of the City. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Gilbert Tower Associates, with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) Jeffrey Denburg Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) Attorney Joe Holland - supporting issuance of bonds Jeffrey Denburg - objecting to issuance of bonds Kit Bonson - objecting to issuance of bonds Karen Kubby - objecting to issuance of bonds -2- 9 After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Bonds, Council Member Ambrisco proposed the following Resolution and moved its adoption. Council Member Zuber seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Ambrisco, Baker, McDonald, Strait, Zuber NAYS: Erdahl The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- 10 RESOLUTION NO. 84-7 PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED 5850,000 AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE BONDS (GILBERT TOWER ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue Commercial Development Revenue Bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise consisting of a 29 -unit residential apartment facility which the City finds is consistent with the urban renewal plan adopted by the City pursuant to Chapter 403, Code of Iowa, and to loan the proceeds from the sale of such Bonds, pursuant to a loan agreement, to Gilbert Tower Associates, an Iowa general partnership (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined said Project is located within the area of and is consistent with and authorized by the City's Neighborhood Development Plan, and there is a public need in the City and 'its surrounding environs for implementation of said Neighborhood Development Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and provide employment opportunities for residents of the City and the surrounding area; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $850,000 aggregate principal amount of Commercial Development Revenue Bonds (Gilbert Tower Associates Project) (the "Bonds"), of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of -4- its Commercial Development Revenue Bonds (Gilbert Tower Associates Project) in an amount not to exceed 5850,000, all as authorized and permitted by the Act and Section 103 of the Internal Revenue Code of 1954, as amended (the "Code"), and to loan the proceeds of the sale of the Bonds to the Cowipany, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council as required by the Act and Section 103(k) 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 the said Bonds are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required. documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said 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 nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. 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 and approved this 17th day of January, 1984. City of Iowa City, Iowa (Seal) J n McDonald, Mayor Attest: DJOXJ-A�,r) . 2eaAA2 Ma ian K. Karr, City Clerk -5- L CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said Citv at a meetina open to the public on J hearing and approving t aggregate principal amo Bonds (Gilbert Tower As City, Iowa; that said p effect and have not bee said meeting and all ac with members of the pub notice of meeting and t timely served on each m bulletin board or other the public and clearly principal office of the said agenda being attac of the Council and the and upon reasonable adv least twentv-four hours meeting as required by anuary 17, 1984, holding a public he issuance of not to exceed $850,000 .int of Commercial Development Revenue sociates Project), of the City of Iowa roceedings remain in full force and i amended or rescinded in any way; that Lion thereat was duly and publicly held, Lic in attendance, in accordance with a ?ntative agenda, a copy of which was ember of the Council and posted on a prominent place easily accessible to 9esignated for that purpose at the Council (a copy of the face sheet of ied hereto) pursuant to the local rules provisions of Chapter 28A, Iowa Code, ance notice to the public and media at prior to the commencement of the as id law. Witness my hand and the Corporate Seal of said City hereto affixed this 17th day of January, 1984. (Seal) State of Iowa County of Johnson i1,�.Ln� 7L • �.fA Marian K. Karr, City Clerk SS: Subscribed and sworn to before me this day, the date last above written. (Seal) Notary Publi- 1,3 (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. January 17, 1984 7:30 P.M. 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. Public Hearing and Resolution Approving Proceeding With The Issuance and Sale of Not To Exceed $850,000 Aggregate Principal Amount of Commercial Development Revenue Bonds (Gilbert Tower Associates Project) of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional _eleven (1L) page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. -7- iv Marian K. Karr, Clerk of the City of Iowa City, Iowa -7- iv Statement of Jeffrev Denourg at Public Hearing on granting of Industrial Revenue Bond to .James Clark. I would like to speak against the granting of Industrial Revenue Bond's (IRB's) to Jim Clark for the construction of the Gilbert Towers Apartments. There are two (2) reasons for my interest in this case: (1) As a member of the Iowa City Fair Rent Coalition I am concerned with what I still consider to be the drastic rental housimk situation here; (2) As a taxpaver to the Federal government I'm concerned with whc I'm paving the -high taxes that I'm charged with. As you are probably well aware by making the interest earned on IRB's non-taxable the Federal government is losing significant amounts of income which indirectly is made up from the taxes that we all pay. Therefore, we should all be concerned about the use to which these IRB's are put and who is receiving them. In this case you are being asked to ,grant $850,000 to a man who alreadv was given 4 IRB's in 1982-83 worth $4.1 million. This man owns real estate with a total assessed value or well over $8 million. I don't think that in establishing iRB's it was the intended purpose of the Federal government to have us taxpavers subsidize millionaires like :Jim Clark. In the 1982 Survey of Rental Housing in Iowa Citv written by The Planning, Commission there was a subtle warning to the Citv Council pointing out the fact that between 1975-1982 30% of all the new apartments built within 1 mile of downtouni Iowa City were built by one person. That one person is James Clark who has continued to build new apartments at a comparable rate. There is a great danger in allowing one person to control such a large share of the rental housing market. By decreasing the competitive nature of thehousing market you are enabling one person to set the standards in rent and qualitv to which other landlords will aspire. Lets look at what these standards are. 2. Rents -- survey taken of Ralston Creek Apartments for which Clark received S2 mill inn IRB. This survey covered 44/60 units randomly selected. Results are in this handout which show that the average 3 bedroom apartment rented for $645; 2 bedroom rented for $520 and 1 bedroom $256. These figures at least for 2 and 3 bedrooms are way above the average value of an apartment of this size in Iowa City which are $537 for 3 bedrooms; $426 for 2 bedrooms, and 5305 for 1 bedroom as determined by the Fair Rent Coalition this summer. These results show you the kinds of figures we are dealing, with in the current Rental Market. The apartments Clark is constructing in large numbers are definitelv in the higher priced bracket. As a point of information we calculated that Clark's total yearly income from the Ralston Creek apartments is 5424,000 and this nronerty represents less than 1/4 of all his holdings. What can we say about the standards in quality that Clark is setting. Need los:: to say this is difficult to objectively assess. I could present anecdotal evidence attesting to the shoddy construction on previous Clark projects funded with IRB's but I won't. Perhaps we will hear direct testimony from current tenants later. T should mention that among groups concerned with preserbation of neighborhoods the term "Clark Apartments" symbolizes everything that they are attemnting to resist in terms of new development. I should also remind the Council how in the construction of the TRB funded Ralston Creek Apartments, Building Code restrictions were violated by having the apartments extend too far into the street. Only after the buildings were completed did they come to the Council asking to be exempted from the restrictions This was an awkward situation to nut the Council in and certainly reflects on a Poor quality in the planning and design of the construction. One way of assuring, quality labor in construction is to hire union workers. As I will. mention in more detail later Clark construction often does not use union labor. T have nothing personal against Jim Clark. I have never met him and evervune who T encountered, who does know him, says he is a nice guy. I am sure that .Tim Clark is doin4t what every red-blooded American would do. Once you make some monev you 1b use that money to make more. However, Jim Clark is making some of his monev with Federal -taxpayer subsidized low interest loans. Upon accenting such loans it is his responsibility to make sure that the local community benefits from his projects and it is the Council's job to make sure that this occurs. What has Iowa City gotten from giving Jim Clark these IRB's? One can imagine that at least during the construction of the projects new employment opportunities would be offered to local laborers. How do we determine if local labor is being used on these projects? The best measure is to ask the local labor unions. I have done this and officials of at least the carpenters, cement finishers, roofers, plumbing unions are willing to state that to the best of their knowledge none of their members were hired on the Ralston Creek .job. Some of them have told me of seeing laborers from Illinois on the project. How does this benefit the local employment situation? Are Federal taxnaver subsidized low interest loans being, used to break the labor unions? The most obvious benefit to Iowa City from this project comes from the construction of the badly needed new apartments. However, I am a bit surprised at the contradictory behavior of the City Council with respect to this issue. A few months ago when the Fair Rent Ordinance was before this council, we were told that one of the reasons it was turned down is because there is no housing shortage in Iowa City. If there is no housing shortage then why are you giving an IRA for the construction of new apartments? I feel that there is indeed a need for the construction of new apartments but not of the high-priced type that Jim Clark is putting up. We are well aware that Clark is requieed to set aside 20% of his apartments for Se -a housing of rv1am(Apt- low income people. However, in our survey of Ralson Creek Apartments we found that this included only one Bedroom apartments that comprised 10% of the total number. In summary, I have presented evidence as to why I think .Tim Clark should not receive this $850,000 IRB-- it is not good for the competitive nature of the housing market and as it stands now does not directly benefit the local community. The P points I have raisaa have mostly been negative. The next speaker from our prour Karen Kubby has more constructive suggestions to make about this and subsenuent IRB's. F Survey of Rents in Ralston Creek Apartments Survey was carried out on Jan. 15, 1983 and covered 44 out of 60 apartments in the unit. Those omitted were occupied but no one was home when survey was conducted. Average Rent in Iowa City Monthly income from surveyed apartments = $25,922 Assuming this is 44/60 of all apartments, then total monthly income $35,348 Total yearly income = $424,178 1 Bedroom apartments are section 08 housing and represent 4/44 or less than Average as determined by the Fair W�Gi 2v id etic � i5 Number Rent Rent Coalition 3 Bedroom 28 $645 $537 2 Bedroom 12 $570 $428 1 Bedroom 4 $256 $305 Total 44 Monthly income from surveyed apartments = $25,922 Assuming this is 44/60 of all apartments, then total monthly income $35,348 Total yearly income = $424,178 1 Bedroom apartments are section 08 housing and represent 4/44 or less than 0% 10 of total apartments. W�Gi 2v id etic � i5 � � R -rko+ z� ckott-- w n oT -rtv,,kc.po-wipv4- , is Ae-JtO -lo tow- m �+c�2ta�e.-i�Gan.4Peo�,QQ VR ADDRR99 OF WAITRR 705 S *h Clinton Street Iowa C Iowa. 52240 ASPIP.- Ma" to U. t. A. unz#.e� *rafhjer4aar of (�arVtnftrfr not �azners OF AMHRICA INLTITUTUD AUG UBT 7E, 1801 City Council Iowa C1ty,Iowa UNION NO, 1260 Iowa City Iowa CITY 9TATr_ _ Jan 12,1984 19_ Carpenters Local Union 1260 has been in busness in Iowa City since sept -190 and have, qualified Journeyman �, Apprentice Carpenters working in the aera ever since. The Ralston Creek project did not use Carpenters Local as a source of workpersons for empoylees. Sinc e y Yours, IdlK92%u�7 ��� Thomas I Verr,y Bus.Rep RESOLUTION NO. 84-8 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: Four Cushions, Inc. dba Dooley's 18-20 S. Clinton Street Iowa City, Iowa 52240 It was moved by Erdahl and seconded by Baker 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 17th day of January Attest: 2 few d Z .7 ,.fn City Clerk ai RESOLUTION NO. 84-9 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 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 IOWP CITY, IOWA, that the City Clerk is hereby authorized to certify the unpaid water 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 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 17th day of January 1984. M R ATTEST: CIT 7A 2e ��n RecolySd & AprroyM 3y The Legal Department EXHIBIT A ACCOUNTS TO BE CERTIFIED AS OF JANUARY 10, 1984 002-465-03 Delinquent Acct: Tom Hearity, 726 N. Van Buren dater S 6.0= Owner: Thomas Hearity Sewer 3.61 Oescr ption: S 50' of 1 10' Lot Blk. 13 OT Defuse 7.0C 16.64 003-520-00 Delinquent Acct: Robert Grimm, 224 N. Dodge St. Water S 250.1; Owner: Robert Grime Sewer 171.07 Description: N 37-1/2 of S 75' of Lot 4 Blk. 17 OT 001-945-07 Delinquent-AGGt! Hawes -Property Mgt., 132 N. Dodge Wates. -23 11 Owner! Wm. Robert Hunter Sewer -0:95 9 sC-r ption: W-5—of-N--7Z'-of-L-ot 3-&-N-7-5—of-L-ot 4----------------- 3 005-400-04 Delinquent Acct: Inter Ctr. D. Hamond, 1419 Prairie Water S 30.00 du Chien Road Sewer 13.31 Owner: Samuel Hamode Hamad Refuse 14.00 Description: Lot 40 Part 4 'Whiting Add. 57—.31 008-450-00 Delinquent Acct: Frank E. Vogel, 319-1/2 S. Gilbert Water $ 67.0£ Owner: Frank E. Vogel Sewer 46.41 Description: W 70' of Lot 5 & S 5' of E 35' of W 70' of 11T49 Lot 6 S.M. Johnson Subdivision of OL 24 008-455-00 Delinquent Acct: Frank E. Vogel, 321 S. Gilbert Water S 19.6E Owner: Frank E. Vogel Sewer 10.25 Description: W 70' of Lot 5 & S 5'- of E 35' of W 70' of 7970 Lot 6 S.M. Johnson Subdivision of OL 24 010-685-08 Delinquent Acct: Jeffrey Weber, 408 S. Governor Owner:.Jeffrey Weber Description: N 1/2 of Lot 3 Blk. 2 CH Berryhill S. and 2nd Add. 013-730-01 Delinquent Acct: Larry Lee Fugate, 410 Reno St. Owner: Larry Lee Fugate Description: N 25' Lot 6 & S. 50' Lot 7 Irish Extension of Woods Addition 024-240-02 Delinquent Acct: Mark Mathieu, 927.S. Van Buren Owner: Mark Mathieu Description: E 1/2 Lot 5 Blk. 1 Berryhill 1st Add. Water $ 9.15 Sewer 5.38 Refuse 7.00 2T: 5'" Water E 11.74 Sewer' 7.01 Refuse 9.00 278 Water $ 8.74 Sewer 5.23 Refuse 9.00 22.97 CZ-in"-ne ge q Aeat-Ne4 -R#Gh4e7-4.405-R-tum-&t Water-i---7..24 Owne+-:-Ne-il-R-ttch4e-&-lCat-h4een-Tob' Sewer 4:32 Description; Lot 112 l-um-Gr-o*e_4GFe-s-U,- 3 Refuse-----6.00 H� 926-905-00 Delinquent Acct: Scott Shepherd, 601 Keokuk Ct. dater S 60.97 Owner: Scott Shepherd & Todd Shepherd Sewer 1,1.72 Description: Lot 56 Plat of Part Two Plum Grove Acres Refuse 28.00 Sub Div. NE 1/4 SE 1/4 5-79-6 103.69 027-430-01 Delinquent Acct: Steven R. Black, 1102 Marcy Water $ 14.01 Owner: Steve R. & Phyllis E. Black Sewer 8.22 Description: Beg. 246 5' W & 374' S NW Cor. Lot 2 Caisans Refuse 4.00 SO SW 1/4 Sec. 14-79-6 E 190' S 60' W 190' N 60' to Beg. 2= 843 100 09 Be5-13 52 Owner 6ewada-6ilek -Sewer--7-,81 n'--s_ ipU.Gn.• W-48 ii, Lak-2 81ack 20_07 ----.____2= 048-255-01 Delinquent Acct: Julie Hodges, 510 Ronalds dater S 23.28 Owner: Michael E. & Julie Hodges Sewer 13.55 Description: 'd 1/2 Lot 6 Blk. 33 OT Refuse 6.00 42.83 048-620-00 Delinquent Acct: John Raftis, 1900 N. Dubuque Water $ 20.39 Owner: John & Vivian Marie Raftis Sewer 11.98 Description: Tract in SE 1/4 NW FRL 1/4 NW 1/4 Sec. Refuse 6.00 3-79-6 Lying ely of C/L of old Hwy. #218 38.37 059 870 00 Delinquent Aeet,G#ja. heyer� 04-W. Park -R ,Owner• 6harles ThajFeK -Sewer--8-,58 D ser49t4or-A:itot 2 °4k -F-;Tara-ef-Vaeated-alley----Refuse 12.00 -1•y4n ' ^F ' ^t 2 ,n' "i • 5 x b4' E & W 8laelcs Park -Add, 3rd 064-104-00 Delinquent Acct: Michael Hodge, 41 Lincoln Ave. Hse. Water S 19.14 Owner: A. R. Sandrock Sewer 11.06 Description: Com. 12.5 N of SE Cor. Lot 27 Suburban Hgts. 366 NW 147 7' S 74' E 143' & N 58' to Beg. 064-106-00 Delinquent Acct: Michael Hodge, 41 Lincoln Ave. #5 Water $ 21.84 Owner: A. R. Sandrock Sewer 13.60 Description: Com. 12.5 N of SE Cor. Lot 27 Suburban Hgts. 7d NW 147 7' S 74' E 143' & N 58' to Beg. 064-116-00 Delinquent Acct: Michael Hodge, 41 Lincoln Ave. t7 Water $ 11.23 Owner: A. R. Sandrock Sewer 7.92 Description: Com. 12.5 N of SE Cor. Lot 27 Suburban Hgts. 1= NW 147 7' S 74' E 143' & N 58' to Beg. 064-118-00 Del'inquent Acct: Michael Hodge, 41 Lincoln Ave. #8 Water $ 2.70 Owner: A.R. Sandrock Sewer 1.63 Description: Com. 12.5 N of SE Cor. Lot 27 Suburban Hgts. 4.33 NW 147 7' S 74' E 143' & N 58' to Beg. �9y Ob4-1.85-05--9e3-ingaer�t-Acc�a,��7c-Oart-ie-1�9=:a-l-ley-AVe. Weer-3---1717174. Owaer fimsl-Bldarga�ek_K. Trott --- ---_- ---Sewer------3,2! Des-c=a ion:--Beg-.-SW- om ot-2-1-Subur-has-Hgts,-Add-, Refuse 7-.-0( S5 2s, N 2G1 065-575-04 Delinquent Acct: Joe Garrity, la9 Koser Ave. later S 27.3' Owner: Joseph Garrity Sewer 16.2, Description: U. Hts. 1st Add. Lot 61 44.0! 080-505-10 Delinquent Acct: Pacific Investments, 1314 Burns Ave. Water S 6.H Owner: Pacific Investments Sewer 3.91 Description: Lot 20 Hollywood Manor Add. Part 5 Refuse 5.0( ITT 082-455-02—Oel4nquent Acct, Melrose ake-Apts , 857-4loodstde-Gr44—Water-S-26.-0( Owner-;-Terrence-H.-Williams s,ewe, }.4,.-97 lots-Roc -Add 4p g� 98?-469-66-flel�nque+f Actt� Me1•r�ose-Lake-Apts ;8570-Woodside ater-S-----23-.92 Owners ,-rznee II Williams Sewer- —13;97 085-030-01 Delinquent Acct: Enrique Fernandez-Barros, 1232 Michelle Ct.Water S 9.7E Owner: Enrique Fernandez-Barros Sewer 5.74 Description: Lot 119 Village Green Add. Part 7 Refuse 6.00 2T52 087-620-00 Delinquent Acct: Wandling & Assoc., 433 Westwinds Dr. Water S 14.77 Owner: Paul S. Olin Sewer 8.58 Description: Bldg. Y Unit Y-8 Monterey Ct. Condominium 2T-93 093-275-01 Delinquent Acct: George Chapman, 15 Ealing Dr. Water S 22.80 Owner: George Chapman Jr. Sewer 14.05 Description: Lot 53 Bryn Mawr Hghts. Add. Part II �g4 095-X05-80—©e-1' e-Hoaetrbek—��r'2s w�;ds-Orv-N6 dater-S--19 35 Owner- George H. S F4er-ence-,11--He4eetek Sewer 12.18 Des-c ipti-on:-I4dg-E--- Un#t-o-Tra-rlridge-C-ondominu 095-250-01-0e}inquent Acct:-Urban Housing•-Mgt-ttd.; 'S8-Westwtnts—Water-S-1tY.50 Dr: d1--- - -- -- --- -- Sewer - --17-42 Owner:-Deag4tt-4 -G ode Description., ndom4nuer- 095-255-00—De44nquertt-Aect-Doug-Eod-er; 808-Westw+n 782 Owner: Linda L. Coder-- Sewer 6.50 n4--tt 2-T-ra-iaridge-Condominium ----- ----2�3'- 095-255-01--De44-nquent Aeet;--Urban-Hous-fng-Mgt.; 808-Wesiw' -8-7 Owner! 6inda-6. Coder ewer-1:O-7 Desert i en :-B4dg. G 1.10 4 G95 270 OB De4inqueni Aeetoug Cede(; 868 Westin ndz-D }17-5--}B;g2 Owner-:-0oug_7-as4oder Sewer-6.58 Des c-ra-pt4Gn•,-Bldg -C Un4t-5-T-ra4-lr-idge-C-ondominum — -- --2N-.-5E 096-685-03 Del nquent Acct: -Wand-1 tng-8-As-soc--,-2631-deTtwind---Dr-#4—+,later-S--�-79 0wner -Anton-J- Van-icek =ewer----l-. 63 Des cript-ion:-Bldg-:--W-4-linit 4-Aspen-Lake-Condominums ----- 33 Owne; s"ef-fer-son- C:-Glar-k--Trustee; C -lark -Jefferson Trust -Sewer-----4.-�0 Deser4pt-fon:--Bldg.-W-2-Unit--3-Aspen-L-ake-Condominums- -- 1TBi 095 -690 -03 ---Delinquent Acct: Doug-Coder-;-2643--Westwinds Dr. -14 Water -$----10-.-70 Owrter.-Douglas-Code" Sewer -----4-.63 Oescript-on Bldg. -W Unit-4-Aspen-Lake--Condominums-------- 1= CITY CSF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-5000 January 18, 1984 To: Dave Elias From: Susan A. Whetstine Re: Correction of unpaid water account to be Certified. 093-275-01 Delinquent Acct: George Chapman, 15 Ealing Dr. Water 22.80 Owner: George Chapman, Jr. Sewer 14.05 Description: 53 Bryn Mawr Hghts. Add. Part II 36.85 This correction raising the total amount by $.01 is authorized by me, Marian Karr, City Clerk 4ZZUo2J / 02.7 CITY CSF IOWA CITY CIVIC CENSER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00 January 18, 1984 To: Dave Elias From: Susan A. Whetstine Re: Correction of unpaid water account to be Certified. 026-005-00 Delinquent Acct: Scott Shepherd, 601 Keokuk Ct. Water 14.82 Owner: Scott Shepherd and Todd Shepherd Sewer 14.72 Description: Lot 56 Plat of Part Two Plum Grove Refuse 28.00 Acres Sub. Div. N.E.1/4 S.E.1/4 5-79-6 57.54 This correction lowering the water amount by $46.15 and also the total by $46.15 i authorized by me, Marian Karr, City Clerk 'J5? CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COCD January 18, 1984 To: Dave Elias From: Susan A. Whetstine Re: Correction of unpaid water account to be Certified. 087-620-00 Delinquent Acct: Wandling & Assoc., 433 Westwinds Dr. Mater 14.77 Owner: Paul Olin Sewer 8.58 Description: Bldg. Y Unit Y-8 Monterey Ct. Condominium 23.35 This correction lowering the total amount by $.18 is authorized by me, Marian Karr, City Clerk RESOLUTION NO. 84-10 RESOLUTION AUTHOPIZIIIG THE HAYOP TO EXECUTE ,AND THE CITY CLEP� TO ATTEST AN AGREEMENT WITH THE JOHNSON COUNTY BOAPD OF SUPERVISORS TO,SUPPORT THE COUNTY'S APPLICATION FOR STATE COMMUNITY DEVELOP- MENT BLOCK GRANT FUNDS FOR A JOINT HUMAN SERVICES FACILITY AND COMMITTING FUNDS FOR SUCH PROJECT. WHEREAS, Johnson County, Iowa, has prepared a Community Development Block Grant application in the amount of $ 500-000 for the purpose of funding a local human services center, and WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to consolidate local human service agencies in one facility, and agrees to commit $285,000 in City CDBG funds, and WHEREAS, the City and County desire to enter into a Memorandum of Agree- ment respecting the CDBG Application to be submitted by the County, and agreeing to funding of their share of the facility if funds are approved by the State Department of Planning and Programming. 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 Memorandum, a copy of which is attached to this Resolution. It was moved byRdahl and seconded by Ambrisco tion be adopted, an upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAYER DICKSON _1X EROAHL X MCDONALD _X STRAIT X_ ZUBER Passed and approved this 17th day ATTEST: CI`i�/lLu� CLERK January , 1984. the Resolu- n9C,;ICOd MC�hrC CCS i�y The Legal C--parti:,rnf *3() RESOLUTION NO. 01 ` 2.6 — ij — Z RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE AUDITOR TO ATTEST AN AGREEMENT WITH THE CITY OF IOWA CITY TO SUPPORT THE APPLICATION FOR STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR A JOINT HUMAN SERVICES FACILITY AND COMMITTING FUNDS FOR SUCH PROJECT. WHEREAS, Johnson County, Iowa, has prepared a Community Development Block Grant application for the purpose of funding a local human services center, and WHEREAS, the Board of Supervisors of Johnson County, Iowa, deems it in the public interest to consolidate local human service agencies in one facility and agrees to commit $285,000 in county funds, and WHEREAS, the County and City desire to enter into a Memorandum of Agreement respecting a commitment of funds and the operation of said facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, IOWA, that the Chairperson be authorized to execute and the Auditor to attest said Memorandum, a copy of which is attached to this resolution. It was moved by and seconded by &/t 1. that the Resolution be adopted Ihnd upbn roll call there were: AYES: NAYS: ABSENT: MYERS DONNELLY LANGENBERG ><_ OCKENFELS X_ SEHR Dated this -Z—L_ day of 1984. ATTEST: ✓moi . 1 riYh/ �%_7_ .. �C ✓/3 TOM SLOCKETT, COU9 Y AUDITOR AGREEMENT This Agreement was made and entered into on the 18th day of JanuarL, 1984, by and between the City Council of the Cid-- of Iowa—TiFy--, Towa, hereinafter referred to as the "City," and the Johnson County Board of Supervisors, hereinafter referred to as the "County." RECITALS A. The parties are seeking to consolidate all of their human services activities in one facility in order to provide such services in the most efficient and economical manner, but presently do not have space available for such a facility. B. The parties wish to seek Iowa Community Block Grant (Iowa CDBG) funds to finance a major part of the cost of obtaining such facility. C. In order to facilitate their application, the parties have agreed that the County should be responsible for preparation and filing of appropriate application and supporting data. 0. If the Community Development Block Grant funds are made available, the parties intend to jointly and equally provide the additional funds required to obtain and equip such a facility. AGREEMENTS By January 18, 1984, the County agrees to complete and file an application for Iowa CDBG funds in the amount of b 500,000.00 for a consolidated human services facility. 2. If Iowa CDBG funds are approved for a consolidated human services facility, the City and County each agree to provide, during fiscal 1985, an amount not to exceed b28S.000.00 for obtaining, either by construction of a new building or purchasing and renovating an existing building, and equipping such a facility. 3. Within a reasonable time after approval of the Iowa CDBG grants, the parties shall enter into a definitive agreement under the provisions of Iowa Code Chapter 28E with respect to obtaining the consolidated human service facility and operation and maintenance of such a facility. C31 This agreement shall be effective upon approval by the governing bodies of the City and County, and shall terminate upon the earlier of (a) denial of the grant application by the Iowa Department of Planning and Programming, or (b) execution of a definitive (28E) agreement by the parties. CITY COUNCIL OF THE JOHNSON COUNTY BOARD C TY OF IOWA CITYOWA OF Sl1PE1111OP.S By: �y : lil "'t- U /I l yor Chairperson��_ Attest: Attest: — — Johnson County Auditor n^�aivad 3 Acproved 'ha Legal Qw::^rrment l � 3a RESOLUTION NO. 84-11 RESOLUTION AS A RECORD OF RELEASE OF ANY RIGHT, TITLE, OR INTEREST IN LOT 4 AND THE WEST 50 FEET OF LOT 3, BLOCK 64, O.T. FROM THE CITY COUNCIL OF IOWA CITY ACTING AS THE LOCAL PUBLIC AGENCY IN CONNECTION WITH URBAN RENEWAL PROJECT IOWA R-14. WHEREAS, the City Council of the City of Iowa City, Iowa acting as the Local Public Agency (hereinafter referred to as the LPA) in connection with the Urban Renewal Project Iowa R-14 consented to an agreement with the City Council of Iowa City, Iowa on February 10, 1972 for the LPA to assume ownership control of all of Lot 4 and the west 50 feet of Lot 3 in Block 64, O.T., Iowa City, Iowa, according to the recorded plat thereof; and WHEREAS, the City of Iowa City acting as the LPA in connection with Urban Renewal Project Iowa R-14 adopted Resolution No. 78-501 which authorized the Mayor to sign and the City Clerk to attest to a certificate of compliance pertaining to Block 64 O.T.; and WHEREAS, the City of Iowa City acting as the LPA adopted Resolution No. 83- 341 which authorized the conveyance of Urban Renewal Parcel 64-1b to Mid -City Hotel Associates - Iowa City for the purposes of the development of a hotel on this site with the completion of said project expected by no later than September, 1985. NOW, THEREFORE, BE IT RESOLVED that the City of Iowa City acting as the LPA releases any rights, title or interests in Lot 4 and the west 50 feet of Lot 3, Block 64, O.T., Iowa City, Iowa according to the recorded plat thereof. It was moved by Zuber 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 —1L Strait —X_ Zuber Passed and approved this 17th day of January 1984. 1Z OR ATTEST: 1.�l2.,.�,J � �� t% CITY CLERK 33 RESOLUTION NO. 84-12 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A CERTIFICATE OF COMPLIANCE PERTAINING TO CERTAIN PROPERTY OWNED BY THE CITY OF IOWA CITY, IOWA, AND LOCATED WITHIN THE URBAN RENEWAL PROJECT AREA: PARCEL 64-1b (HOTEL SITE) WHEREAS, the City of Iowa City, Iowa, in furtherance of the objectives of Chapter 403, Code of Iowa, has undertaken a program for the clearance and reconstruction and rehabilitation of slum and blighted areas in the City and in this connection the City is engaged in carrying out an Urban Renewal Project in an area located in the City; and WHEREAS, the following property is more particularly described in Schedule A and located within the Urban Renewal Project Area was acquired and disposed of by the City of Iowa City, Iowa, pursuant to and in compliance with the provisions of Chapter 403, Code of Iowa. 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 to a certificate that certain urban renewal property as described in Schedule A was acquired and disposed of by the City pursuant to and in compliance with the provisions of Chapter 403, Code of Iowa. It was moved by Erdahl and seconded by the Resolution be adopted, and upon roll call there Baker were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th da of January , 1984. Lz�' //x&.60, ROCOMO & AMmved By LeafDr•ratlm?:if �;q CERTIFICATE I, John McDonald, Mayor of the City of Iowa City, Iowa, do hereby certify that the following -described properties are located within the Urban Renewal Project Area and were acquired and disposed of by the City of Iowa City, Iowa, in connection with and as a part of Urban Renewal Project Iowa R-14 pursuant to and in compliance with the provisions of Chapter 403, Code of Iowa. Said properties are listed in Schedule A attached to this Certificate and by this reference made a part thereof. o n McDonald, Mayor ivic Center 410 E. Washington Street Iowa City, Iowa 52240 ATTEST: 2U,esa, id�� Madan Karr, City C er1 k :�S SCHEDULE A Description 1. The vacated portion of Dubuque Street as described in Ordinance 3155. 2. All that part of the east 38.5 feet of Lot 1, Block 82, more particularly described as follows: Commencing at a point 30 feet west of the northeast corner of said lot, thence east 30 feet, thence south 30 feet, thence northwest to the point of beginning; Iowa City, Johnson County, Iowa. M RESOLUTION NO. 84-13 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS FOR THE ACQUISITION OF REAL PROPERTY FOR RIGHT-OF-WAY PURPOSES, TEMPORARY CONSTRUCTION EASEMENTS, AND A BORROW EASEMENT, ALL FOR THE CAMP CARDINAL ROAD BRIDGE RELOCATION PROJECT WHEREAS, on April 1, 1983, the City of Iowa City did receive approval of a federal aid bridge replacement project for the replacement of the bridge on Camp Cardinal Road over Clear Creek; and WHEREAS, said project requires the acquisition of real property for right-of-way purposes, temporary construction easements and a borrow easement; and WHEREAS, in accordance with the right-of-way acquisition guidelines published by the Iowa Department of Transportation, the parcels proposed for acquisition have been appraised by a competent, independent appraiser and said appraisals reviewed by a second competent, independent appraiser for the purpose of establishing just compensation; and WHEREAS, City staff has carried out negotiations for the property owners involved in said project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City agrees to purchase the following real property and easements for the amounts stated below: Parcel A: Temporary Construction Easement - $ 250.00 Parcel B: Temporary Construction Easement - $ 325.00 Parcel C: Fee Simple Taking of 1.39 acre tract $2,100.00 Taking by Temporary Easement $ 50.00 TOTAL $2,150.00 Parcel D: Taking of 0.81 acre tract by fee $4,050.00 simple title 2. That the Mayor is authorized to sign and the City Clerk to attest agreements in accordance with the above settlements. 3. That if any perty owner chooses not to :tle for an amount specified aboN :ondemnation procedures shall authorized to begin immediately. It was moved by E d hl and seconded by Strait the Resolution be adopte , 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 17th day. of January , 1984. ATTEST: Racelved & Appmv0d By Th Legal D IparhYPMt L RESOLUTION NO. 84-14 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Towa Departg1et—of Transportation , 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 with the Iowa Department of Transportation for a Federal - Aid Bridge Replacement Project for the reconstruction of the Iowa Avenue bridqe over the Iowa River. 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 the resolution as read be adopted, and upon roll call there Ambrisco that 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 January 19 84 // �/// MAYOR ATTEST: i.r�.�� �( - �Y.v�.�� Received Lz Approved CITY CLERK By�Tl Legal Depa nt 41Yv 211 L-) RESOLUTION NO. 84-67 RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT AN ADMINISTRATIVE CLERK TYPIST AS A SPECIAL DEPUTY CITY CLERK TO SERVE AS CLERK FOR THE CITY COUNCIL WHEN NEITHER THE CITY CLERK NOR DEPUTY CITY CLERK CAN ATTEND. WHEREAS, the City Clerk serves as Clerk of the City Council; and WHEREAS, the City Clerk has one Deputy City Clerk who is authorized to serve as clerk for the City Council; and WHEREAS, there may be occasions when neither the City Clerk nor the Deputy City Clerk are able to attend and take minutes at City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The City .Clerk is hereby authorized to designate an administrative clerk -typist employed by the City as a Special Deputy City Clerk to serve as clerk of the City Council on those occasions when neither the City Clerk nor Deputy City Clerk is able to attend a meeting of the City Council. It was moved by Zuber 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 10thi ATTEST: CIT CLERK April , 1984. Received $ Approved By TFde Legal Department —�-----ice "Wn IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 84-F-008 as of the date shown opposite its signature below. City of Iowa City aLwal ��! 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 theme day of January , 19 84 , IOWA DEPARTMENT OF TRANSPORTATION Highway Division y� /� By 9V�C.A Harold C. Sc ie , P.E. Urban Systems Engineer Office of Local Systems Signed City Clerk of Iowa City, Iowa Date January 17 , 19 84 p pprovmd Received nt RY The level �I n� qt Revised -83 EXHIBIT I Standard Provisions for FAUS, BRM, 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. 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 (IIR) 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 (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 PS&E, 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 the STATE guideline booklet entitled "Right -of -Way Acquisition Guidelines for Political Subdivisions of Iowa Concerned with Federal -aid Funding for Roads and Streets." B. The CITY shall forward the Federal -aid Project Development Certification and final PSLE 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. Sia -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 2.5(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 2.5(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. 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 regulations and guidelines issued thereunder. 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. y33 J RESOLUTION NO. 84-15 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 S. Dubuque Street Iowa City, IA 52240 It was moved byand seconded by that the Resolution as res e adopted, and upon rollca ere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson x Erdahl x McDonald x Strait R Zuber x Passed and approved this _day of January 19 84 . LL yor Attest: azzy. K- ww City Clerk 41q RESOLUTION NO. 84-16 RESOLUTION SETTING PUBLIC HEARING ON LEASE OF PROPERTY ON THE IOWA CITY MUNICIPAL AIRPORT TO THE IOWA CITY COMMUNITY SCHOOL DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on a Lease of a parcel of land on the Iowa City Municipal Airport is to be held on the 14th day of February, 1984 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 on such Lease in accordance with the provisions of Section 362.3 of the Code of Iowa (1983). It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson Erdahl McDonald �— Strait Zuber Passed and approved this 31st day of January 1984. OR ATTEST: CLERKCIR ROcelved & Approvod Ey Th- Legal ®a larhr�en ys RESOLUTION NO. 84-17 RESOLUTION SETTING PUBLIC HEARING ON BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1984, THROUGH JUNE 30, 1985. 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., February 14, 1984, to permit any taxpayer to be heard for or against the proposed FY85 Budget for the year ending June 30, 1985. 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 Ambrisco 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 31stday of January 1984. AYOR ATTEST: �y 'i'�e i:.^J i Fra:•1srr::ri4 4� 3x RESOLUTION NO. 84-18 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF THE PAVING IMPROVMENTS IN TY'N CAE SUBDIVISION PART III, 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, For the portion of paving in Ty'n Cae Subdivision, Part III in Iowa City, Iowa adjoining the following lots: 1-22, 64-83, 96A, 96B, 97-104. 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, Ioi;,a, that said improvements be accepted by the City of Iowa City. It was moved by Ambrisco and seconded by Zuber that the resolution as—read be adopted, and upon roll ca -11 there were AYES: NAYS: ABSENT: X_. Ambrisco x Baker x Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 31st day of January ATTEST: 1 CLERK 19 84 RowNed & APPmved RESOLUTION N0. 84-19 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE BRIDGE RECONSTRUCTION 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 14th day of February , 19 84, 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 Frda_1 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 31st day of January 1984 MAYOR [teeeived & Approved ATTEST: � 7?/ , By The Legal par'4ncrr1 CITY CL RK I �y RESOLUTION NO. 84-20 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY AND ASSOCIATES WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Shive-Hattery and Associates , 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 with Shive-Hattery and Associates establishing design and related fees for engineering services for the Highway 1/Interstate 80 _sewage pumping facilities 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 Shive-Hattery and Associates 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 X Baker X Dickson X Erdahl X_ McDonald _ice Strait X Zuber Passed and approved this 31st day of January 19 8844) MAYOR ATTEST: CITY CLERK 'a,6 . _/ � ,,; ( A K i 4119 AGREEMENT This agreement made and entered into this 31st day of Januar, 1984, by and between the City of Iowa City, a municip'rcorporation, 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 Highway 1/Interstate 80 Sewage Pumping Facilities Project; and WHEREAS the City Council of Iowa City has adopted a Resolution of Necessity for the project on December 20, 1983; and WHEREAS on December 20, 1983 the City Council of Iowa City adopted a Resolution authorizing the Engineer to prepare detailed plans and specifications, form of contract, and notice to bidders on the Highway 1/Interstate 80 Sewage Pumping 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 - DESCRIPTION OF SERVICES 1.1 General 1.1.1 The Engineer agrees to perform the following professional services for the project in accordance with generally accepted standards in the industry. 1.1.2 The Engineer shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: 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 Highway 1/Interstate 80 Sewage Pumping Facilities Project, hereinafter referred to as the Project. The basis of design shall be in accordance with the preliminary plans approved by the City Council of Iowa City on November 28, 1983. SHIVE-HATTERY ENGINEERS "Is?) 1.2.2 The design services to be completed include, but are not necessarily limited to the following: A. Field Design Survey Field design surveys as used in this subparagraph are understood to be limited to those necessary to prepare the drawings and specifications. These surveys may be done by aerial means at the option of the Engineer. Property surveys shall not be included under the services of this paragraph and they will be performed as Additional Engineering Services if required and authorized by the City's Director of Public Works. B. Preparation of Contract Documents This includes the Notice to Bidders, Instructions to Bidders, General Conditions, Special Conditions, Bid Schedule, Agreements, Miscellaneous Forms, Detailed Specifications, and Drawings (such materials are herein referred to as the "Contract Documents"). C. Cost Estimates The opinion of the construction cost prepared by the Engineer represents his 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. Subsurface Exploration It is understood that subsurface explorations including borings and soil tests will be made to determine amounts of rock excavation or other subsurface conditions. The Engineer will furnish said explorations but the costs incident to such explorations shall be paid for by the City. 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 permit the actual location of the proposed improvements on the SHIVE-HATTERY ENGINEERS cS ground. The Engineer shall prepare and furnish to the City without any additional compensation, copies of the forms of required construction easements and permanent easements. Property surveys, property plats, and negotiations for land rights shall be accomplished 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 submittal the necessary permits for construction on or across highway right-of-ways. 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: 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 prepared by the Engineer. 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, processing of final contract payment request and submittal of periodic progress payment forms to the City. 3 ANIVE.H®TiRAV EMnIMEFOR AD F. Preparation of a set of record drawings of the completed Project conforming to the construction records provided to the Engineer by the Contractor, resident inspector, or the City during construction. G. Engineering administration specifically excludes direction or supervision of the Contractor or his employees in the performing of their work in a safe, legal, or proper manner and Engineer hereby disclaims any responsibility therefore. 1.5 Resident Engineering Services 1.5.1 Resident engineering shall be furnished by Engineer. The work under this subsection shall include: A. Observation of completed work for compliance with drawings and specifications. B. Keeping field measurement records. C. Keeping records on the Contractor's activities, including a daily diary for all days on which work is performed. D. Negotiation of field changes and change orders for approval by the City and Engineer. E. On-site coordination of.the Project. F. Recommendation for payment of Contractor's progress payment request. 1.5.2 For additional details regarding resident engineering duties, responsibilities, and limitations of authority, see attached Exhibit B, which by this reference is made a part hereof. 1.5.3 Resident engineering services shall include a resident project representative at the construction site during periods when significant construction activity is taking place. The scheduling of the resident project representative's surveillance of construction activities will be done in such manner as to provide continuous observation while significant construction activities are occurring and periodic observation during periods when no significant activities are taking place. It is understood that the resident project representative may leave the construction site at various times in the normal performance of Resident Engineering services, and that a single representative 4 6HIVE-HATTERY ENGINEERSri q cannot maintain continuous observation construction activity is taking place the project site. 1.6 Additional Services of all activities where at more than one location on 1.6.1 The Engineer will review existing City records concerning the downstream sanitary sewer system to which the project will be connected. Based on the data from available records, the Engineer will evaluate the impact the Project will have on the downstream sewer capacity. 1.6.2 The Engineer will prepare and submit a final assessment plat and schedule following completion of the project and acceptance by the City in accordance with Section 384.59 of the Code of Iowa. 1.6.3 Owner negotiations relating to implementation of the assessment project will be conducted in concert with the various legal representatives of the assessed parties and City staff. SECTION II - COMPENSATION FOR SERVICES 2.1 General 2.1.1 The City agrees to pay for all services performed in accordance with this agreement on a cost plus fixed fee basis and such costs shall be computed by a summation of the Engineer's Direct Personnel Expense, a fixed fee, and reimbursible expenses. 2.1.2 Direct personnel expenses of all personnel classifications associated with this Project shall be computed based on hours of work performed by the various classifications of personnel and the direct personnel expense rates attached to this Agreement as Exhibit A. 2.1.3 The fixed fee shall be computed by multiplying the direct personnel expenses by a factor of 2.19. 2.1.4 Reimbursible expenses shall be computed 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: A. 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. Qu1VC-YA9"CCV Cuniueene r -17Y B. Expense of reproduction, postage, and handling of drawings and specifications, excluding copies for Engineer's office use, and excluding copies for bidders and suppliers. C. 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. 2.1.5 The maximum amount of compensation by the City to the Engineer for the various services, including reimbursibles, shall not exceed the following amounts, unless approved by the City: Service Performed A. Design Services, Bi ding and Contract Award Assistance, and Engineering Services During Construction (Para- graphs 1.2 except 1.2.2D, 1.3, and 1.4) B. Resident Engineering (Paragraph 1.5) C. Downstream Sewer Capacity Documentation (Paragraph 1.6.1) D. Final Assessments (Paragraph 1.6.2) E. Owner Negotiations (Paragraph 1.6.3) Maximum Compensation $25,900 $15,500 $ 3,000 $ 1,000 $10,230 F. Subsurface Explorations (Paragraph 1.2.2D) $ 2,800 2.1.6 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 2.1.1 through 2.1.4 above, subject to approval and acceptance by both parties. SECTION III - TIME OF PERFORMANCE 3.1 The Engineer agrees to perform all engineering services within a reasonable period of time as required following the date of authorization to proceed by the City. 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. 3 aWivP.14ATTV0V PRIMueeoa S< 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, 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 or adjective never indicates that Engineer shall have authority to supervise or direct performance of the work or authority to undertake responsibility contrary to the provisions of the Contract Documents or this Agreement. 4.1.4 Engineer may authorize minor changes in the Project not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by field order and shall be binding on the City and also on Contractor who shall perform the change promptly. 4.1.5 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. 4.1.6 The Engineer will review and approve estimates for progress and final payments. Engineer's approval of progress payments constitutes a representation by the Engineer that work has progressed to the point indicated. Such approval does not constitute a representation that any examination has been made to ascertain how or for what -purposes the contractor has used the monies paid, or that title to any work, material, or equipment is passed to City free and clear of liens. 4.1.7 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 II SHIVE-HATTERY ENGINEERS , �/ beyond the control of the Engineer. All contour and elevation data must be verified by the Contractor prior to construction. 4.1.8 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. 4.1.9 The Engineer intends to render its services under this section of this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 4.1.10 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 Section 2.1.5. 4.1.11 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 2. The City may terminate this agreement upon seven days 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. 1.1 SHIVE-HAWERY ENGINEERS Jr% 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. 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 James L. Shive 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. SHIVE-HATTERY ENGINEERS 1179 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. Said Engineer shall, upon aemand, furnish receipts therefore or certified copies thereof. 4.2.14 Records of the Engineer's Direct Personnel Expense, Engineer Expense, and 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 reimbursible outside expenses upon request by the City. 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: L& /iK, E: January 31. 1984 ATTEST: FOR THE ENGINEER: AP 10 Received & APA�'cwe, Sy T gal De Z.r SHIVE-HATTERY ENGINEERS J Q EXHIBIT A DIRECT PERSONNEL EXPENSE THROUGH DECEMBER 31, 1984 Grade 8 Engineer $28.28 Grade 7 Engineer $26.18 Grade 6 Engineer $24.02 Grade 5 Engineer $21.48 Grade 4 Engineer $18.94 Grade 3 Engineer $16.88 Grade 2 Engineer $14.01 Grade F Technician $14.77 Grade E Technician $13.15 Grade D Technician $11.29 Grade C Technician $ 9.22 Grade B Technician $ 7.33 Grade A Technician $ 4.90 Grade 4 Secretary $ 9.94 Grade 3 Secretary $ 8.37 Grade 2 Secretary $ 6.38 Grade 1 Secretary $ 4.82 SHIVE-HATTERY ENGINEERS / n Exhibit B to Agreement Between Oµner and Engineer for Professional Services, dated 19 (for use With No. 1910-1, 1979 Edition). Duties, Responsibilities and Limitations of Authority of Resident Project Representative General. Resident Project Representative is ENGINEER's Agent, will act as directed by and under the supervision of ENGI- NEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall Only be through or with the, full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. Unties and Responsibilities. Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and otherjob conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superinten- dent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as O WNE R's liaison with CONTRACI'OR when CONTRAC7'OR's operations affect OWNER's on-site operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 4. Shop Drawings and Samples: a. Receive and record (late of receipt of Shop Drawings and samples, receive samples which arc furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. 3. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. © 1979 by National Society of Professional Engineers, 2029 K St., N.W., Washington, D.C. 20006 NSPFJACEGASCE Publication No. 1910-1-A HIGHWAY 1/INTERSTATE 80 SEWAGE PUMPING FACILITIES PROJECT SCHEDULE January 9, 1984 DATE ACTIVITY January 9, 1984 Engineering contract submitted to City for approval. January 17, 1984 Engineer meets with City staff to review basis of design and design constraints. February 14, 1984 Submit plans and specifications (90 percent complete) to City for review. February 21, 1984 City provides review comments to Engineer. February 28, 1984 Engineer submits plans and specifications to City (100 percent complete). March 2, 1984 Engineer submits construction permit application to the Iowa Department of Water, Air, and Waste Manage- ment. March 6, 1984 City sets public hearing on plans and specifications. March 13, 1984 Notice of hearing is published. March 20, 1984 Public hearing on plans and specifications. Council approves and sets bid date. April 13, 1984 IDWAWM construction permit is received. April 24, 1984 Receive bids. May 1, 1984 Award contract. May 22, 1984 Notice to proceed is issued to contractor. October 1, 1984 Complete construction. October 16, 1984 Council accepts work. November 6, 1984 Engineer files final assessment schedules. SHIVE•HATTERY ENGINEERS Ga? RESOLUTION NO. 84-21 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE CONTRACT AND MEMORANDUM OF UNDERSTANDING FOR THE ADVANCE FUNDING OF FEDERAL TRANSIT ASSISTANCE USING STATE USE TAXES. 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 Iowa Department of Transportation is making available to the City of Iowa City an advance of Federal Transit operating assistance funds, and WHEREAS, the City has applied for these funds in the amount of $111,406. 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 FY84 contract and Memorandum of Understanding for the advance funding of Federal transit assistance using state use taxes. It was moved by Erdahl and seconded by Strait the Resolution be adopted—,—an-3—upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald Strait _X _X Zuber Passed and approved this 31St day of Tarn,a,-) ,, (1984.19987 1L.1i2�-C� Y R /.-4 V:) MEMORANDUM OF UNDERSTANDING In accordance with the provisions of the Iowa Advance Transit Fund, the City of Iowa C (The Grantee) intends to use that Fund in advance of th> receipt of '�— rerai financial assist^nce from the Urban Mass Transportation Administration (UF•TA). If an UMTA Grant Agreement (hereafter the Anticipated UMTA Grant Agreement) for fiscal year 1984 is entered into by UHTA and the Grantee, and operating expenses eligible for reimbursemnrt under the Anticipated Grant Agreenent are incurred by the Grantee, the Anticipated UMTA Grant Agreement, subject to its terms and conditions, provides for the payment of funds to the Grantee in the amount of such eligihle expenses. The purpose of this Memorandum of Understanding is to establish the conditions each Iowa grantee that uses the Advance Transit Fund must meet to receive funds under the Anticipated UMTA Grant Agreement. 1. This Memorandum ol Understanding is not a legal or administrative commitment or intention to approve any grant applications that the Grantee may submit to UMTA for operating assistance funds; nor is it a legal or administrative commitment or intention that UMTA will obligate funds for any operating assistance grant to the Grantee. Z. The Grantee must meet all UMTA statutory, procedural and contractual reguirenr_nts in connection with the Anticipated UMTA Grant Agreem*nt and in connection with any funds received from the Advance Transit Fund. Moreover, Grant ez s responsib,lities under the Anticipate•, UMTA Grant Agpeen-ant are subject to review and audit. If Grantee has not performed the project in accordance with the terms and condition of the Anticipated UMTA Grant Agreement, the Grantee will be required to remit to UMTA any funds not properly applied in accordance with the Grant Agreement. If during the ten of the Anticipated UMTA Grant Agreement VTA finds that Federal funds have improperly been used, UMTA reserves the right to use any available remedies to recover such funds including the right to set off a like a=unt ao_ainst Federal funds stilt to be paid under the Grant Contract. 3. The Grantee shall use the proceeds of the Anticipated UMTA Grant Agreernt to pay expenses of operating its urban mass transportation systenywhich are eligible for reimbursement under the terms of the Anticipated UMTA Grant Acreement or to reimburse the State for moneys the Grantee has used to pay such eligible operating expenses. Payment of grant funds shall be made by UMTA only in accordance with UMTA policy and procedure, and the Grantee may not earn interest on such funds (except to the extent otherwise permitted under UMTA procedures) but rather shall apply the:, to pay eligible expenses or reimburse the State. 4. UMTA in accordance with the standard UMTA. grant agreenant, reserves the right to suspend or terninate all or part of the financial assistance undar the Anticipated UHTA Grant Agreement if the Grantee is, or has been, in violation of the grant Agreement or if the Grantee UHTA dete,mfl nes that the purposes of the UrT Act would not ad' uately be served by continuation of Federal financial assistance for the project. / </ 7. This ''em)randu- of Jnde^s Lacdin. s�ali :e^-L❑a_e �a5 -?de s.r,L1 CLyrent un;ar Lne Artici pate" t!NTA.. Gr?nL 7R! �.lci�le rear •'^n ekp:nSeS incurred Jy LRB ^3. ca.lie.r tnm,l nat es tiie An: i:i oa .ed Cr ant '.�r2P.nenL in aCScrca,rce N.tn one Levis L^ereof. Silt.'act to tpe provisions of !;I4s "enaranv of D^derstar.Cln^y and Lhe �-qticipated VITA Grant Acreemant, lMTA here:V ?�L`�r'.'Fs tn? Grar-eels Jsa C` :he ;o fiance Transit Bund in dnticipation of Lh? c['_1 CL of �!� �. fU.^.9S• J:"TF. 2Bgtonal Ac�i r sLrator John McDonald, Mayor The City of Iowa City January 31, 1984 ;;ate .LLLe Attest:21n� City Clerk n,+e^lvad f Approved U? !•,<+i "2pan-n cnt Program Title: AGREEMENT TO ADVANCE FUNDS Advance Funding of Federal Transit Assis- tance Using State Use Taxes Issuing Agency: Iowa Department Of Transportation Public Transit Division 5268 N.W. 2nd Avenue Des Moines, Iowa 50313 Project Manager: Name: Nancy J. Richardson Title: District Representative Phone: 515/281-8745 Effective Federal Date 1/24/84 Contract Description: Loan Contract Number: CU -0785 Contracting Agency: Iowa City Transit 410 East Washington Iowa City, IA 52240 Project Manager: Name: Larry McGonagle Title: Transit Manager Phone: 319/356-5154 Fiscal Summary Estimate State Local Other $111,407 Total Expiration Date $111,407 6/30/85 Sources Agency/Law: Section 31 of S.F. 531, 1983 Session, Seventieth General Assembly Related Contracts: (none) IN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be executed by their duly authorized officials as of the dates below indicated, in consideration of the mutual covenants, promises and representations herein. Issuing Agency: Iowa Department of Transportation Public Transit Division (hereinafter called the "DEPARTMENT") Candace A. Bakke, Director Name/Tit e Date: , Contracting Agency: Iowa City Transit By: =fterrcal d the "AGENCY") /ZP0131� V Mayor (Name/Title) Date: January 31, 1984 Z IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT DIVISION AGREEMENT TO ADVANCE FEDERAL FUNDS PART I: ASSURANCES AND CERTIFICATIONS: 1.0 General Provisions None 2.0 Roles and Responsibilities of the Agency 3.0 Special Loan Conditions 4.0 No Provisions 5.0 No Provisions 6.0 Finances 7.0 Reporting Requirements Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: 8.0 Contract Non -Performance 9.0 Settlement of Disputes 10.0 Termination or Suspension of Project 11.0 Renewal, Renegotiations and Modifications 12.0 Hold Harmless 13.0 Assignability and Subcontracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions APPENDICES: B. Cost Principles (OMB A-87), (1/15/81) E. Audit Requirements (OMB A-102, Att. P), (10/22/79) Also made part of this AGREEMENT but not attached are provisions contained in agreements that presently, or in the future will, pertain to the source of federal transit assistance for which these funds are considered an advance. PART I: 1.0 GENERAL PROVISIONS 1.1 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide an advance of funds for public transit purposes during fiscal year 1984. These funds are to be considered an advance of funds to be received under the Urban Mass Transportation Act of 1964, as amended. These funds are to be repaid to the DEPARTMENT from receipts received from the Urban Mass Transportation (UMT) Act of 1964, as amended, during the fiscal period beginning July 1, 1983 and ending June 30, 1985. These conditions and provisions are made in accordance with S.F. 531 of the 1983 Session of the Seventieth General Assembly. 2.0 ROLES AND RESPONSIBILITIES OF THE AGENCY 2.1 The AGENCY shall expend the advanced funds from this AGREEMENT in accordance with all rules and provisions of the UMT Act. This includes obtaining any and all authorizations and prior approvals necessary under the Act and its rules. 2.2 The AGENCY is responsible for the expenditure and documentation of the advanced funds during the period beginning July 1, 1983 and ending June 30, 1984. If it is determined by representatives of the U.S. DOT that the funds were not spent in accordance with the UMT Act, and, thus, are not reimbursable with future federal receipts, then the AGENCY is responsible for repaying the advance with other funds within 30 days of written notice to the AGENCY by the DEPARTMENT. 3.0 SPECIAL LOAN CONDITIONS The following special conditions apply to the state funds used to advance funds (loan) and the federal funds used to repay the advanced funds: 3.1 The appropriate Memorandum of Understanding between the State of Iowa (Department of Transportation) and the Urban Mass Transportation Administration (UMTA) for all Section 18 recipients, or between the individual Section 9 recipient and UMTA is made part of this AGREEMENT by reference. 3.2 Only operating expenses will be eligible for obligation of the loan funds. 3.3 Only UMTA operating assistance will be eligible as repayment funds. 3.4 The loaned funds must be obligated by the AGENCY prior to June 30, 1984 (i.e., an invoice dated prior to June 30). 3.5 The loaned funds must be tracked to specific and auditable expenses. 3.6 The AGENCY will be able to retain interest income from the state funds loaned out. This amount must be accounted for in anticipation of a report. 3.7 The AGENCY may retain any interest earned on the federal funds used for loan repayment only if the AGENCY is either a Section 18 recipient or is an instrumentality of the state. This amount must be accounted for in anticipation of a report. If the AGENCY is not a Section 18 recipient or is not an instrumentality of the state (e.g., Section 9 municipal transit system), then the AGENCY may not retain any interest earned on the federal funds. 4.0 NO PROVISIONS 5.0 NO PROVISIONS 6.0 FINANCES 6.1 METHOD OF ADVANCE DISTRIBUTION The DEPARTMENT shall distribute advances to participating AGENCIES based on the proportion of the average of the formula allocations of state transit assistance from fiscal years 1982, 1983 and 1984. 6.2 METHOD OF ADVANCE REPAYMENT The AGENCY agrees that receipts from the UMT Act scheduled to be received by the AGENCY during the period July 1, 1983 to June 30, 1985 shall be used to pay back any funds advanced by this agreement. 6.3 INTEREST RECEIVED Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. 6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY AND SERVICE 6.51 The AGENCY will be responsible for securing proper auditing in accordance with OMB Circular A-102, Attachment P, paragraph 1 through 11 (Appendix E). 6.52 Two (2) copies of the audit prescribed in Section 6.51 of this AGREEMENT shall be sent to the DEPARTMENT by the AGENCY. The required Attachment P audit is to be submitted to the DEPARTMENT no later than one (1) year (a) from the end of the performance period (Section 1.2), or (b) from the date of the AGREEMENT termination, whichever is earlier. (Refer to Section 07.4 for the address.) Failure to furnish an acceptable audit as determined by the cognizant federal audit agency may be a basis for denial and/or refunding of state and federal funds. 6.53 All accounting practices applied and all records maintained will be in accordance with generally -accepted accounting principles and procedures. 6.54 The AGENCY shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regard to the AGREEMENT. 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of the audit report. The AGENCY shall provide copies of said records and documents to the DEPARTMENT upon request. 6.56 The AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, l9 accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, the AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.57 The AGENCY shall permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS The AGENCY must also document the results and submit a report, no longer than three typed pages, to the DEPARTMENT covering this PROJECT and its results. This report is also due within 45 days of the end of the PROJECT period. 7.3 FUNDING INFORMATION The AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to justify and support said costs and payment for each project. 7.4 REPORT SUBMISSIONS All reports and submissions from the AGENCY concerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. 2nd Avenue, Des Moines, Iowa 50313. -7n RESOLUTION NO. 84-22 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY AND MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION AFFIRMING THE FACT THAT MIDWEST FED- ERAL'S MORTGAGE ON THE HOTEL PROPERTY IS SUPERIOR TO THE CITY'S RIGHTS TO RE-ENTER AND TAKE POSSESSION AS STATED IN THE CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT. WHEREAS, the City has entered into a Contract for Sale of Land for Private Redevelopment (the "Contract") with Mid -City Hotel Associates - Iowa City, a sole proprietorship, with respect to Urban Renewal Parcel 64-1b; and WHEREAS, Midwest Federal Savings and Loan Association ("Midwest") is placing a first mortgage on the property; and WHEREAS, Midwest has requested that the City execute a Subordination Agreement expressly stating that the City's rights under the Contract upon default after conveyance of the land are subordinate to Midwest's rights as first mortgagee; and WHEREAS, the Subordination Agreement merely restates what the Contract already provides - that the City's rights upon default after conveyance of the land shall be subordinate to the rights of mortgagees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign, and the City Clerk to attest, the Subordination Agreement which is attached hereto. 2. The City Clerk is authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by Zuber and seconded by Erdahl the Resolution be adopted, and upon roolXlca 1there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT —X— ZU BE R Passed and approved this 31st day of January 1984. R ATTEST: Received & Ap pro%md 2 AA J By TFr �. r ?men4 I CLERK SUBORDINATION AGREEMENT This Agreement made this 31st day of January 1984, by and between the City of Iowa City, Iowa, a public body corporate ("City"), and Midwest Federal Savings and Loan Association of Minneapolis, a United States corporation ("Midwest"), WITNESSETH: WHEREAS, the City of Iowa City, Iowa sold real property located in the County of Johnson, State of Iowa, which property is more particularly described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the sale of the Property was made under the terms of a Contract for Sale of Land for Private Redevelopment ("Contract"), by and between Mid -City Hotel Associates - Iowa City, a sole proprietorship and the City; and WHEREAS, Section 704, Article VII of Part II of the Contract, allows the City for a stated period and under certain conditions as set out, the right to re-enter and take possession of the Property and all improvements located thereon and a right of reversion of the title of the Property to the City; and WHEREAS, the Contract provides that such rights "shall always be subject to and limited by, and shall not 4efeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interest provided in the Agreement for the protection of the holders of -)a such mortgages" (the referenced Agreement is the same as the Contract); and WHEREAS, Midwest is the holder of an authorized mortgage secured by the Property, dated December _, 1983, filed in the office of the Johnson County Recorder on -%P A)? Rn 2Z3 1984, in Book 685 , Page X19 ("Mortgage"). 61, NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby declared, understood and agreed between the parties as follows: 1. That the Mortgage in favor of Midwest shall unconditionally be and remain at all times a lien on the Property specifically prior and superior to the rights of the City under Section 704, Article VII of Part II of the Contract. 2. That the City subjects and subordinates its rights under Section 704, Article VII of Part II of the Contract to the Mortgage in favor of Midwest, or any part thereof, which may be impaired by such rights. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF IOWA CITY, IOWA By s�-dam yor t:rc!aivsd Z By the legal 0 riM,n1 -7S ATTEST: City Clerk STATE OF IOWA ) ) ss. COUNTY OF JOHNSON ) MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MINNEAPOLIS On this 31st day of Janua A.D., 1984, 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 acknowledge the execution thereof to be his/her voluntary act and deed for purposes herein expressed. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this 16th day of February 1984, by Charlotte F. Macira and Wallace F_ Rerp the Executive Vice p nt and Secretary of Midwest Fe eral Savings an Loan Association of Minneapolis, a United States corporation, on . behalf of the corporation. / (1 X., Notary Public �C hUl.%RY PUBUC MINNEWTA by CAR)t=m EAOM 10h' 27, IM Q{A P AAA a AmAnn.An nnnAA � �y 1j I RESOLUTION NO. 84-23 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A QUIT CLAIM DEED TO THOMAS ALBERHASKY OF A PARCEL OF LAND ABUTTING LOT 5, BLOCK 13, COUNTY SEAT ADDITION. WHEREAS, by resolution adopted on April 2, 1963, the City Council author- ized the sale to Thomas Alberhasky for $301.00 of the following described real estate located in Iowa City, Johnson County, Iowa: Beginning at the SW quarter of Lot 5, Block 13, County Seat Addition; thence South 65 feet; thence Easterly to a Point 30 feet south of the SE quarter of said Lot 5; thence north 30 feet to the SE quarter of said Lot 5; thence West 150 feet to the point of beginning. WHEREAS, no evidence of the conveyance can be found; and WHEREAS, in order to complete the previously authorized transaction, it is necessary for the City to execute and deliver a quit claim deed to Mr. Alberhasky. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest, a quit claim deed to Thomas Alberhasky for the above-described prop- erty. 2. The City Clerk is authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. 75 It was moved by 1 ckson and seconded by 7„har 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 31st day of January 1984. YOR ATTEST: CI CLERK Received & Approved By The Legal Department %L lows Itin BAN ASSOCIATION ,a ,x, uaal wnar o, TN. u11 OMW FIa N4 a 1... CG.W'T TW. aw'. QUIT CLAIM DEED '&nota 211 }€len by These 13rrsent1g: That the City of Iowa city n oommeranon of -he sum of ,n hand paid do hereby Quit Claim unto Thomas AlberhaskV Grantees' Addams 1613 E. College Street, Iowa City. Iowa ell our right, tills, interior, estate, daim and demand in the following dnaribad nal estate siluared in Johnson County, Iowa, to -wit: Beginning at the SW corner of Lot No. 5, Block 13, County Seat Addition of Iowa City, thence S 65 feet, thence easterly to a point 30 feet S of the SE cor- ner of said Lot 5, thence N 30 feet to the SE corner of said Lot 5, thence W 150 feet to the point of be- ginning. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive Shen in and to the above described premses. Wads ead 1W - hwai,. hw.ef. ,h.a be wnm, W n in Ma ,inqulur ar plural number, and a, mawulinse I,rinwa or -sena 9a da,... i,p ,o roe rants. p, ,d January 31 ITS ygr 410 E. Washington St., Iowa City, Iowa Ias�1a�. y' J o.t.a January 31 q 84 ��///,yn��,,,J dTT : City Clerk 410 E. Washington St., Iowa City, Iowa se r..l.r. ld4eol Ilia Trw ste.� swan a ilk ur a Tlb roeLL lAwWi nae uwT� STATE OF IOWA, Johnson COUNTY, w: On thi, 31St d.;, or January A.D. 19-.aL before me, the mrdersignad, a Notary Public in and for the State of low, personally appeared John McDonald and Marian K. Kam to me, personally know, who, being by me duly room, did my that they am the Mayor _ and City Clerk mCT0a nsw.tivaly, of said ,Eorutperafiols esecuhngtfh�°{�`�{thin) and foregoing instrument to MYk! I61s It aetacYd. that (7iltXna(XbwIXIN�RtA7P%a1�dL'S/X11w%laefjf' Pp%a'FA that mid instrument was signed! (rai aealei) an behalf of the sad affi,d thersto is the seal of saidl Munic{pa it HtlMilCouncil mayor saidAorporahon by authority of its YWIV IfaPW and that the said and Ci tV Clerk as such of6crs acknowldgd the uecution of said instrument ro be the vdumary eaT ersd dad of sa r A A. by it and by them wIumorily executed. N IOWA STATa "t ASSOCATM" Classes aarw we. CumeJeueT. taw -7'fidA;i& 1'11 4- _A117 — Note Public in and fawt County and State. 114 RESOLUTION NO. 84-24 RESOLUTION STATING INTENT TO ACQUIRE PARK LAND AND AUTHORIZING THE INITIATION OF LAND ACQUISITION PROCEDURES FOR THE 1984 COMMUNITY DEVELOPMENT BLOCK GRANT (B -84 -MC -19-0009) MILLER/ORCHARD NEIGHBORHOOD PARK ACQUISITION PROJECT. WHEREAS, the City of Iowa City has adopted the Miller/Orchard Neighborhood Improvement Plan (Resolution No. 83-299) pursuant to Chapter 403 of the Iowa Code, and WHEREAS, the City of Iowa City has approved the Miller/Orchard Neighborhood Park Acquisition Project for funding as part of the 1984 Community Develop- ment Block Grant Program (Resolution No. 83-387), and WHEREAS, this project requires the acquisition of real property as illus- trated on the map attached hereto and by this reference made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That it is the intent of the City of Iowa City to acquire a park within the Miller/Orchard Neighborhood Improvement Area. 2. That the City Manager and the Director of the Department of Parks and Recreation are hereby authorized and directed to initiate land acquisi- tion procedures in accordance with the real property acquisition regula- tions of the U.S. Department of Housing and Urban Development. It was moved by - Erdahl and seconded by Ambrisco the Resolution be adopted, an upon roll call there were: AYES: Passed and approved this 31st NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of January 1984. 49�, /,A�a� Re"Ived 8 Approved ply �The �legal Lie drft,�ent Miller/ Orchard Park Land Area 6ENTO8 STREET 308'- - z 1, ' 3! b ado' z z oA' C z zD O rn �, 333' m I r! 30ALE : I"= /00' o I PRoPosEh Mr[LrR %ARK TgNUAKY l/ � /'1X�/ I Area To Be Purchased r A H I RESOLUTION NO. 84-25 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST QUIT CLAIM DEED TO RESOLVE TITLE PROBLEM ON PROPERTY AT 1701 RIDGE ROAD WHEREAS, in 1919 Maude H. Ball conveyed to the City an L-shaped easement for use as an extension of Whiting Avenue to connect with Ridge Road; and WHEREAS, the configuration of those roads was later changed, but the north -south portion of the easement was never released or reconveyed of record; and WHEREAS, a title objection has been raised relating to that portion of the north -south easement which the City has never used, and which lies within property located at 1701 Ridge Road in Iowa City, Iowa. _J NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,: 1. That the Mayor is authorized to sign and the City Clerk to attest a quit claim deed to George Ball and Virginia Ball Hendershot, a copy of which is attached hereto, relinquishing the City's interest in an unused easement on property located at 1701 Ridge Road, Iowa City, Iowa. 2. That the City Clerk is directed to certify a copy of this Resolution to the Office of the Recorder of Johnson County, Iowa. It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: IN X X X X X X Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 31st day of January , 1984. ATTEST: Received & Approved' BY Tisa Lural Oce artment ITA IOWAA-sTATi ua-ASSOCIATION –_ --_ roe T14 LIG" (FRR m sm use— Oftud hA No. a n—. —+— rel 01 T11es UGW.. cO1r1YL1 rove I,hwnne QUIT CLAIM DEED knom 211 ;ilm by Tgest Vrtsents: That the rity of Iowa rite mm.oennon of -re :am of One Dollar and Other Valuable Consideration in hand paid do haraby Ouit Claim unto George W. Ball Jr, and Virginia Ball Hendershot Granton' Astuteness RFD Worth I iherty_ Inwa all our nght, title, intern,, stab. claim and demand ;n the following described nal estate situated in Johnson County. Iowa, to•wit: SEE EXHIBIT "A" ATTACHED HERETO Hereby terminating and releasing all riqhts, title and interests in and to the above property conveyed by Maude H. Ball to the City of Iowa City by the deed recorded August 16, 1920 in Book 122, Page 395, deed records of Johnson County, Iowa. Foch of the undenignad hereby mlinquishn all rigbs of dower, homnteed and distributive sham in and b the above described premiw. _ Web aIle 0. 1 . i.chr ilq ad t. nam hw<t. dell be ,U mmi n in Me singular e, dural ..bw, aha n r,.J U% f."As ar nwsw gerM. a¢edine fa rM 0001110. CIt OF JPWA CEJ Y /1 a a, January 31 „ 84or 410 E. Washington St., Iowa410 E. Washington St., City. Iowa t . Aarwl :Z. January 31 19 84 zu f ci�.,r�� 4—) doceivad 3 Approvod ATTEST: City Clerk Depannet1 410 E. Washington St., Iowa Cityt Iowa f 1G Wsalay. Adrnesk ,w sty ,sneer v TM 1� a Tin well laneuT Nw uraT� STATE OF IOWA. Johnson COUNTY, at On thi, 315'(• January A.O. Ig84 before me, the urdersigMd es Natw Pudic in end far the State of law Waspish .pprred John McDonald red Marian K. Karr to w personally known, wlea. being by m s duly worn, did say that *4y ars the tMI and City Clerk nwoctiuely, of gid/ uipmr6k ancuti- }L�t� and foregoing inshmnnd to wikb Ws Is ettacbd�e that inacXN1I PAMXAIWXMNitX*n)5YXW11XfUdU�w>�n`iYx that mid imtmm«wl woes signed'frd wkil on behalf of (the std effi ed thereto u the seal of sr�a`i�{d♦tY [co}III mid�orMunicipal, authority of its RdWt3iXifJ(ULRZldl: and that the said Mayor and City Clerk as such aff csi s acknm.bdged the am=tian of mid instrument IS, be the unta voluntary act and dead of midh rporeo h n, 6 it and M them voluntarily uecuted. ',�' Not Pudic in and for said -County and Sfata. Iowa Reit eat ASSWAl ION oadd sere Ma. 171. Oewn Jauq. wen 91 91 (76 V, lIMU •paooaa 3o sauawasee oa aoafgns pue 'ssaT ao aaow 'aaOe 0•1 2u1u[P.au00 pue 2uiuuc2aq 30 auiod aqa oa 1`4 7£'97£ aSe3 „00,00.06 yaaot] aouaga :£ uozaoas pies 3o aaaaenb asemgaaou aqa 3o auzT Banos aga uo autod e oa peog 92PTy peas 3o auzT XTaaaseagaaou aqa 2uoTe aaa3 00'9 asa3 „OO,9Z.6Z ganoS aouaga :paog a'Sptg 30 aull ,CTaaaseagaaou aya uo auiod e o1 aaa3 79'6£Z asaM „L£,7£.99 ganoS aouaga :aaa3 90'75 asaM ,9Z,87.79 ganoS aouaga 'auiod a oa 779 xoog ui papaooaa paap pies u. pagTaosap Aaaadoad pias 3o auZj .CTaaasaMganos aqa 2uoTe aaa3 00-L as@M ,OZ,OO,T7 gaaON aouaga :779 xoog ut papaooaa paap pies uT pagTaosap Xaaadoad pies 3o sauaoo ATaaasaMganos aya oa a0t330 s,aapaoOag Ajunoo uosugor aqa ae 99£ aged pue £C£ 02ad '779 Moog u7.papaooa_c paap u uz pagzaosap ,Saaadoad aya 30 auTT XTaaasaaganos e 2uoTe aaa3 90'17 asaM ,97,gZ.Lg ganoS aouaga •9£Z Paooad paa0 uI papaooaa paoc pies ut pagtaosap iaaadoad pies 3o aauaoo ,CTaaasaMgaaou aya oa ao1330 s,aapaoo93 'umol '6auno0 uosuuor aqa ae ZT7 aged '9£Z '0N paooaa paa0 ui papaoOaa paap a uz paglaosap riaaadoad aqa 3o auzT ,CTaaasaMganos aqa 2uoTa aaa3 00'011 asap] „7£,90.6£ LPJ0N aouaga '3aa3 00'OII asap] ,ST,80.77 gaaoN a:)uaga 'aaa3 07'ZSI ISOM „00,00.06 gaaON aouaga 'pend a2pt3 pees 30 auzT ATaeasomganos aya 2uoTe aaaj 0S'9Z asaM ,OZ,00.17 gaaoN aouaga :(ATuo U013 -diaosap szga 3o sesodand ao3 2uzaeaq pawnsse) puo3 a2pi3 3o auzT XVM-3o-att2za 6TaaaM saMganos aqa ga2uoiaoas -aaau? 3o auiod a oa £ uozaoaS pias 3o aaaaanb asaagaaou aga 3o auiT Banos aqa 2uoTa aaa3 7£'09Z asa3 „00,00.06 gaaoN aouaga .£ uozaoaS PZas 3o aaauaO aga ae SUTUUT2ag a?M-oa '6aa9doad pagiaosap 2uZMoTTo3 aqa uigaTM paaaooT si gOtgM W d gas aya 3o asaM 9 a2ueg 'g2JON 6L digsuMoy 'g uozaoas 3o R3N aga 30 'FMS aqa 3o aaa3 07 asaM aya 3o uoTaaod aegy RESOLUTION NO. 84-26 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: Ambrose-Lovetinsky Inc. dba The Stadion 223 E. Washington Street Iowa City, Iowa It was moved by Ambrisco and seconded by that the Resolution as read be adopted, and upon roll caIl there were: AYES: NAYS: ABSENT: Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber x Passed and approved this 14th day of February r 19 84 . M or Attest: 'e.2xi City Clerk B 3a-/ RESOLUTION NO. 84-27 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: Bo -James Restaurant, 118 E. Washington St. It was moved by AmbriscO 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 X Passed and approved this 19 84 . Attest: ",� 4 • qe ✓_ City Clerk 14th day of February , ),0,-, 41X ;_--e� Mayor Vl RESOLUTION NO. 84-28 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR STREET LIGHTING WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa_ Department of Trans ortation , a copy of said agreement being attached to this Resolution and by this reference made 'apart hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said _ agreement between_the City of Iowa City and the Iowa Department of Transportation for street lighting at the interchanges of Melrose Avenue alb_ Iowa Highway #1 with U. S. 218. NOW, THEREFORE, BE IT RESOLVCD 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 Ambrisco and seconded by Erdahl 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 XZuber Passed and approved this 14th_ day of February 19 84 ATTEST: 'Yhp u j 4<. (g v CITY CLERK MAYOR tha t i :aivc� 8 Approv_-<a, 0y The Legal De artrryenP z 4-_ RS AGREEMENT County Johnson City. Iowa City Proj. No. FN -218-4(27)--21-52 Iowa D.O.T. Agreement No. 84-14-088 IT IS AGREED by and between the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division and the City of Iowa City in Johnson County, Iowa, (hereafter City) as follows: 1. The D.O.T. proposes to design, let, construct and inspect a project for relocated U.S. 218 lighting in and near the City at the Iowa 1 and Melrose Ave. Interchanges (see Exhibit "A" attached). 2. The above referenced project is further described below: A. The Iowa 1 Interchange will have 29 luminaires mounted on 27 poles. The luminaires will be 150 watt high pressure sodium mounted at a height of 30 ft. B. The Melrose Ave. Interchange will have 28 luminaires mounted on 26 poles. The luminaires will be 150 watt high pressure sodium mounted at a height of 30 ft. 3. The D.O.T. will construct the above referenced lighting installations all at no cost to the City. Responsibility for future energy and maintenance costs will be in accordance with section 2B, page 2 of "Stipulation of Settlement No. 45014" in the District Court of the State of Iowa in an for Johnson County. Said "Stipulation of Settlement" was executed by the City, Johnson County and the D.O.T. on the 21st day of April 1980, and said provision reads as follows: "The City will maintain and pay all.future energy costs of the lights located at the interchange of Arterial Highway 518 and Melrose Avenue. If the City should annex into its corporate boundaries the interchange of Primary Highway Iowa 1 and Arterial Highway 518, or a portion thereof, the City at that 63 E time will assume the responsibility for maintenance and energy of said lights at the interchange." 4. The City further agrees, upon completion of the project, that no changes in the physical features thereof will be undertaken or permitted without the prior written consent of the D.O.T. 5. The City agrees that through traffic will be maintained during the construction period. 6. In the event this project is financed with federal funds, the City shall take whatever action may be necessary to comply with applicable federal laws and regulations. 7. Responsibilities for construction, maintenance, lighting and utilities shall be in accord with 820 I.A.C. [06,P] Ch. 1 (Iowa Administrative Code). 8. Any costs incurred by the City in performing its obligations hereunder shall be borne exclusively by the City without reimbursement by the D.O.T. 9. Subject to the approval of and without expense to the D.O.T., the City agrees to perform (or cause to be performed), all relocations, alterations, adjustments or removals of utility facilities, including but not limited to power, telephone and telegraph lines, cable television lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project, all in accordance with the Utility Accommodation Policy of the D.O.T. 10. It is agreed that nb new or future utility occupancy of the primary highway right of way, nor any future relocations of or alterations to exiting utilities within such limits, shall be permitted or undertaken by the City without the prior written consent of the D.O.T. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the D.O.T. 11. The CITY, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree that; (1) no person on the ground of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that no person on the ground of race, color, age, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the construction of any improvements on over or under such land and the furnishing of services thereon, (3) that the City shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended and Title 23 U.S. Code Section 324, Prohibition of Discrimination on the basis of sex. 12. If any section, provision or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or any section, provision or part thereof not found to be invalid or unconstitutional. 13. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original and both shall constitute but one and the same instrument. County Johnson Project No. FN -218-4(27)--21-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 84-14-088 as of the date shown opposite its signature below. City of Iowa Cit n� BY: O February 14 1984. Tit Mayor I, Marian K. Karr certify that I am the Clerk of the CITY, and that John McDonald Mayor, who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution, Resolution No. 84-28 duly passed and adopted by the CITY, on the 14th day of February , 1984. IOWA DEPARTMENT OF TRANSPORTATION B g3t of Way Direc r Highway Division ATTEST: Signed }11a -u -a, ) i�. -2 an City Clerk `of Iowa City , Iowa February 14, 1984. X�(;y a9 , 19al. Date Received & Approved By Th- tegal D arrrtw_nt iA a a 6� no r ��' ?n�rCiiar�9G L�ptifr,,y� O; Vu :f 0 P ltwe i m 1 � 1 1I , e`T�� .Zn�•rLia�92 , Is voLirJSOii C'o un7`ci FN-Zl8-4zCz7)~ Z/- -Z �9reemeyl7� 8� /�-488 Ex h,-,6; 7,`A RESOLUTION NO. 84-29 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BDI FIFTH ADDITION, A SUBDIVISION OF JOHNSON COUNTY, IOWA WHEREAS, the owners, Business Development Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of BDI Fifth Addition; 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; and WHEREAS, the preliminary 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 that the requirements for provision of sidewalk be waived; and WHEREAS, the 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 the preliminary plat of BDI Fifth Addition is hereby approved with a waiver of the sidewalk requirement. 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 plat after passage and approval by law. 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 X Strait X Zuber Passed and approved this 14th day of February 1984. ATTEST: RweIved a Approved CITY CLERK By ilia legal De rbrienl ql RESOLUTION NO. 84-30 RESOLUTION REVISING THE ANNUAL BUDGET, FY84, ENDING JUNE 30, 1984, FOR PUBLIC HOUSING PROTECT IA022003 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9160, for Project IA022003, 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, in its capacity of the City of Iowa City Housing Authority that: 1. The proposed expenditures are necessary in the efficient and economi- cal operation of the Housing Authority for the purpose of service to low-income families. 2. 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. 3. All proposed rental charges and expenditures will be consistent with provisions of law and the annual contributions contract. "Pursuant to the rent schedule approved by HUD, the Iowa City Housing Authority certifies that it is in compliance with the provisions of Section 860.407 of Part 860, Subpart D of the Interim Rule published September 26, 1975, in that the aggregate annual gross rent of families residing in the dwelling units for the fiscal year beginning July 1, 1983, will not be less than an amount equal to one-fifth of the sum of the "Family Income," as defined in 24 CFR 860.403 (F), of all such families, as evidenced by the following estimate for the fiscal year: 1. Aggregate Annual "Family Income" $164,640 2. Total Annual Income Gross Rent $ 49,392 3. Annual Rent -Income Ratio 30% In addition, pursuant to Section 860.4 of the final rule, effective December 1982, 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. RecLivod 41 By Tho 4.ecsal i)eeartrxnt q2 It was moved by Zuber and seconded by Ambrisco 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 14th day of February , 1984. YOR ATTEST: CITY LERK the Resolu- n3 11 1 RESOLUTION N0. 84-31 RESOLUTION REVISING THE ANNUAL BUDGET, FY84, ENDING JUNE 30, 1984, FOR PUBLIC HOUSING PROJECT IA05PO22004 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9160, for Project 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, in its capacity of the City of Iowa City Housing Authority that: 1. The proposed expenditures are necessary in the efficient and economi- cal operation of the Housing Authority for the purpose of service to low-income families. 2. 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. 3. All proposed rental charges and expenditures will be consistent with provisions of law and the annual contributions contract. "Pursuant to the rent schedule approved by HUD, the Iowa' City Housing Authority certifies that it is in compliance with the provisions of Section 860.407 of Part 860, Subpart D of the Interim Rule published September 26, 1975, in that the aggregate annual gross rent of families residing in the dwelling units for the fiscal year beginning July 1, 1983, will not be less than an amount equal to one-fifth of the sum of the "Family Income," as defined in 24 CFR 860.403 (F), of all such families, as evidenced by the following estimate for the fiscal year: 1. Aggregate Annual "Family Income" $129,417 2. Total Annual Income Gross Rent $ 33,825 3. Annual Rent -Income Ratio 30% In addition, pursuant to Section 860.4 of the final rule, effective December 1982, 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. 9q It was moved by Erdahl and seconded by Dickson 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 14th day of February_ 1984. YAR ATTEST: 7� CITY CLERK the Resolu- Rxotvad & App+' ad By The Leya{ DeparPment 95- RESOLUTION NO. 84-32 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE AGREEMENT WITH THE ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOPMENTALLY DISABLED ADULTS. 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 of Iowa City wishes to utilize such funds to assist the Association for Retarded Citizens of Johnson County in renovating and expanding the Nelson Adult Center serving developmentally disabled adults; and WHEREAS, the City Council did, by Resolution No. 83-368, dated November 22, 1983, authorize and enter into an agreement with the Association for Retarded Citizens of Johnson County to renovate and expand the Nelson Adult Center for Developmentally Disabled Adults; and WHEREAS, the City of Iowa City did allocate 1984 Community Development Block Grant funds for Phase II of this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor be authorized to sign and the City Clerk to attest an addendum to the agreement with the Association for Retarded Citizens of Johnson County dated November 22, 1983, for Phase II of the renovation and expansion of the Nelson Adult Center for developmentally disabled adults. Said addendum is attached to this resolution and is incorporated by this reference herein. It was moved by Strait and seconded by the Resolution be adopted, an u--po—n—r-61T call there were: Ambrisco AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait T— Zuber Passed and approved this 14th day of February , 1984. MrU R ATTEST: �nAinn.e� -�• �n� CITE CLERK Racelved & Approved By he legal Deparhnent 2 9G, ADDENDUM TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOPMENTALLY DISABLED ADULTS THIS AGREEMENT, entered into this 14th day of February 1984, by and between the City of Iowa City, a municipal corporation(Ferein referred to as the "City"), and the Association for Retarded Citizens of Johnson County (herein referred to as "ARCJC"), is an addendum to the original agreement executed on November 22, 1983. This addendum adds the require- ments for Phase II of the renovation and expansion of the Nelson Adult Center and amends certain Phase I elements as follows: PART I II. TIME OF PERFORMANCE This section is amended as follows: Program Element PHASE I (furnace, elevator, stairs) Contract for construction Completion of construction PHASE II (kitchen, bathrooms, painting, other remodeling) Contract for construction Completion of construction Facility in operation Deadline 2/1/84 7/31/84 4/2/84 9/30/84 Continuously This schedule is subject to change by mutual agreement of both parties, in writing. III. COMPENSATION AND METHOD OF PAYMENT: This section shall have the following addition: PHASE II The City will pay and ARCJC agrees to accept in full the amount of Sixty One Thousand Five Hundred Eighty Dollars ($61,580) for performance under Phase II of this agreement as follows: 1. Partial payment will be made upon presentation of a properly executed contract for architectural services. 2. Balance of compensation due will be made upon presentation of a properly executed contract for completion of Phase II construction and remodeling of the facilities. 3. The total of the above payments will not exceed $61,580. `�7 Page 2 IT WITNESS WHEREOF, the parties hereto have executed this agreement on this 14th day of February 1984. CITY OF IOWA CITY By: R Atte t: 1 ,aL �. ��e_� I CL R Itscelved & Approved By The Legal DepartTmni Z11 8¢ ASSOCIATION FOR RETARDED CITIZENS OF JL By: Atte RESOLUTION NO. 84-33 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT FOR THE PROVISION OF JOINT FUELING AND VEHICLE WASHING FACILITY USE. 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 avoid duplication of services and encourage the use of a joint fueling and wash facility operated by the City, and WHEREAS, the City of Iowa City and the Iowa City Ca:m:unity School District have negotiated a 28E Agreement for the provision of a joint fueling and vehicle washing facility, 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 FY84 28E agreement between the City of Iowa City and the Iowa City Community School District. 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, Cade of Iowa. It was moved by Dickson 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 14th day of February , 1984. OR ATTEST: M, I IC21 A) CITY CLERK Pe-Ph-c,d & Appr-*•r_: 99 AGREEMENT FOR FUELING SERVICES THIS AGREEMENT, made and entered into this 14th day of Fehripry , 1984, by and between the City of Iowa City (the "City") and the Iowa City Community School District (the "School District:"). WHEREAS, Chapter 28E of the Code of Iowa provides, 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, the City operates a fueling facility which provides motor fuel and vehicle washing for City vehicles, and WHEREAS, it is in the mutual interest of the parties to avoid duplication of services and to encourage the use of a joint fueling and wash facility by the City and the School District. NOW, THEREFORE, it is hereby agreed by and between the City and the School District as follows: I. SCOPE OF SERVICES: The City shall make its fueling facility, motor fuel and vehicle wash available to the School District. It is hereby agreed that the City shall determine the scheduling of services to comply with daily operation of City services. It is agreed that the School will obtain the same level of service as divisions of the City which are served by the fueling facility. II. DURATION: This agreement shall commence on March 5, 1984, and shall continue thereafter until terminated by either party as hereinafter provided. III. TERMINATION: This agreement may be terminated by either party upon 30 days written notice to the other party. IV. COMPENSATION: The School District agrees to pay an administrative fee, which shall be equal to the City's standard equipment labor rate for one hour (initially $20.00), current fuel costs based upon the invoice cost to the City, initial and replacement costs for vehicle access cards ($2 per card) and a vehicle wash fee ($1.50 per vehicle). The City agrees to give the School District thirty (30) days advance notice of changes in the administrative fee, access card cost, or vehicle wash charge. The City shall invoice monthly providing itemized fuel usage by vehicle. Payment shall be made by the School District within 30 days from date of in- voice. Ib0 z V. HOLD HARMLESS: The School District 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 may be made or claimed against the City in consequence of this agreement. The School District shall, at its own expense, provide insurance protection with respect to this indemnification agreement. VI. NON -LIABILITY: The City shall not be liable for delay in fuel shipments, supplying fuel during periods of equipment malfunction or fuel shortages. VII. 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 IOWN CITY COMMUNITY SCHOOL DISTRICT By:C/ BY: /� el !'Y ayor —Presiderit ATTEST: ATTEST: City Clerk SecrG y Received $ ApprovM 6y The Lcg3i Ue•par r:anf �n► RESOLUTION NO. 84-34 .A RESOLUTION AUTHORIZING EXECUTION OF A QUIT CLAIM DEED CORRECTIVE OF TITLE WHEREAS, the City of Iowa City conveyed certain real property to The Hawthorne Glove and Novelty Co. by quit claim deed dated February 23, 1907, and recorded February 28, 1907, at Book 93, page 101, in the records of the Johnson County Recorder, said real estate being legally described as: The South Ten (10) feet of Prentiss Street, lying between the West side of Gilbert Street and thence West to the right-of-way of the Chicago Rock Island & Pacific Railway Company said real estate also being legally described as: The North ten feet of the South 24.28 feet of the North 30 feet of Lot 10 in Block 5 in Lyon's First Addition to Iowa City, Zowa and; WHEREAS, a resolution was adopted on.the 19th day of March, 1963, authorizing the Mayor and City Clerk to execute a quit claim deed to Frank Boyd and John Rummelhart conveying to those persons real estate located in Iowa City, Johnson County, Iowa, legally described as: Commencing at the southeast corner of Lot twelve (12), Block five (5) Lyon's First Addition to Iowa City, which point is on the west line of Gilbert Street, 144.28 feet south of the south line of Prentiss Street; thence from said point of beginning, southwesterly to a point on the east line of Maiden Lane, 91.8 feet south of the southwest corner of said Lot twelve (12), thence north along the east line of Maiden Lane to the southwest corner of said Lot twelve (12), thence east to the point of beginning M 1?1 and; -2 - WHEREAS, the Mavor and City Clerk did execute and deliver to Frank Boyd and John Rummelhart a quit claim deed to the foregoing property, which deed was dated March 19, 1963, and recorded April 5, 1963, at Book 261, page 541, in the records of the Johnson County Recorder; and, WHEREAS, on the 22nd day of August, 1972, the City Council passed and approved and ordinance vacating various parcels of land in Iowa City, including the following described property: and; That portion of Gilbert Street described as follows: That portion of the existing right-of-way of Gilbert Street that lies east of the east line of Maiden Lane south of the south line of Lot 12, Block 5, Lyon's First Addition and westerly of a line parallel and 35 feet westerly from the centerline of the new paving WHEREAS, a public hearing on the proposed disposition of said real estate was held on the 6th day of February, 1973, at 4:00 p.m.; and, WHEREAS, Resolution 74-131, passed and approved April 2, 1974, authorized the Mayor and City Clerk to execute a quit claim deed conveying said real estate to Frank A. Boyd and John R. Rummelhart; and, WHEREAS, the Mayor and City Clerk did execute and deliver a quit claim deed to said real estate to Frank A. Boyd and John R. Rummelhart, said deed dated April 2, 1974, and recorded April 12, 1974, at Book 421, page 235, in the records of the Johnson County Recorder; and, AD 3 - 3 - WHEREAS, on the 16th day of March, 1982, the City Council passed and approved Ordinance No. 82-3052 vacating the Maiden Lane right-of-way between Prentiss Street and Des Moines Street, subject to a utility easement retained over the west twenty- five (25) feet of the right-of-way; and, WHEREAS, on January 4, 1983, the'City Council passed and approved Resolution No. 83-2 authorizing the Mayor to sign and the City Clerk to attest a quit claim deed conveying said right- of-way to Frank Boyd and John Rummelhart; and, WHEREAS, the Mayor did execute and the Clerk attest a quit claim deed conveying said vacated Maiden Lane to Frank Boyd and John Rummelhart, said quit claim deed being dated March 2, 1983, and recorded March 8, 1983, at Book 628, page 429, in the records of the Johnson County Recorder; and, WHEREAS, Frank A. Boyd, John R. Rummelhart, and Boyd & Rummelhart Plumbing and Heating Company, an Iowa partnership, have consolidated said tracts of real estate conveyed by the City with other contiguous real estate owned by the foregoing persons; and, WHEREAS, the foregoing persons have conveyed said consoli- dated real estate to Boyd & Rummelhart Properties, an Iowa partnership, and Boyd & Rummelhart Properties has, in turn, conveyed said consolidated real estate to Gilbert Tower Asso- ciates, an Iowa general partnership; and, WHEREAS, title objections have been raised by the attorney 10 - 4 - for Gilbert Tower Associates relating to the sufficiency of the legal description by which said conveyance was made; and, WHEREAS, certain discrepancies exist in the varying con- veyances of said real estate due to differences in surveying techniques and in methods of describing the boundaries of said real estate; and, WHEREAS, the current titleholder of the consolidated tracts of real estate has requested a corrective quit claim deed to said consolidated tracts of real estate; and, WHEREAS, the legal department of the City of Iowa City and the City Engineering Department of the City of Iowa City have reviewed the public records and a plat of survey prepared by MMS Consultants, Inc., in January of 1984, and have determined that the intent of the prior proceedings and instruments recited above was to convey all of the City's right, title, and interest in the consolidated tracts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor is authorized to sign and the City Clerk to attest a quit claim deed from the City of Iowa City to Gilbert Tower Associates, an Iowa general partner- ship to the following described real estate; Beginning at the Northeast Corner of Lot 1, of Block 21, of the County Seat Addition to Iowa City, Iowa; Thence S89045'26"E, (a Recorded Bearing) 50.00 feet, along the Southerly line of Prentiss Street and its projection thereof, to a point on the Westerly line of Lot 10, of Block 5, of Lyon's First Addition to Iowa City, Iowa; Thence N00012'59"E, 10.00 feet, along said Westerly line of Lot 10 to a point which is 5.72 feet South of the 1AS - 5 - Northwest Corner of said Lot 10; Thence 589'45'26"E, along a line which is 10.00 feet North of, and parallel with said Southerly line of Prentiss Street 76.63 feet, to a point on the Westerly Right -of -Way line of Gilbert Street, which is 5.72 feet Southerly of the Northeast Corner of said Lot 10; Thence S00°10'15"W, along said Westerly Right -of -Way line, 149.29 feet to its inter- section with the Relocated Westerly Right-of-way line of Gilbert Street, as established by the City of Iowa City, Iowa, in the completion of its "Linn -Gilbert Street Connection" project; Thence Southwesterly, 5.05 feet, along said relocated Westerly Right -of -Way line on a 323.10 foot radius, nontangent curve, concave Northwesterly, whose 5.05 foot chord bears S10142'47"W, to a 3/4 inch iron pin on said relocated Westerly Right -of -Way line; Thence Southwesterly, 134.65 feet, along said Relocated Westerly Right -of -Way line, on a 323.10 foot radius curve, concave Northwesterly, whose 133.68 foot chord bears S23005'58"W, to a 3/4 inch iron pin; Thence S35102'19"W, 24.63 feet along said Relocated Westerly Right -of -Way line; Thence N54057'41"W, 46.02 feet; Thence N89°10'00"W, 22.00 feet, to a point on the Easterly line of said Block 21, County Seat Addition; Thence.N00112'59"E, 261.17 feet, along said Easterly line to the Point of Beginning. This quit claim deed shall recite that it is corrective of title to the real estate described therein and is subject to easements and restrictions of record. it was moved by Dickson and seconded by Ambrisco that the resolution be adopted, and upon role call vote there were: AYES NAYS ABSENT AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X 14( STRAIT X ZUBER X Passed and approved this 14th day of February k ATTEST: CityClerk Received 3 Approyad By the Legal Qo a nt 10� RESOLUTION NO. 84-35 RESOLUTION ESTABLISHING MECHANICAL PERMIT FEES FOR THE IOWA CITY MECHANICAL CODE. WHEREAS, it is in the public interest to require a permit prior to the performance of mechanical equipment, and, WHEREAS, the payment of a permit fee is necessary to offset the adminis- trative costs of permits, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: The fees for mechanical permits shall be as follows: 1. For the installation or relocation of each forced air or gravity type furnace, floor furnace, suspended heater, recessed wall heater, floor mounted unit heater or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU's. each $10.00 2. For the installation or relocation or each forced air or gravity type furnace or burner, including ducts and vents, attached to such appliance over 100,000 BTU's. each $15.00 3. For the installation or relocation of each boiler to and including three horsepower, or each Gas Fired absorption system to and including 100,000 BTU's. each $10.00 4. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each Gas Fired absorption system over 100,000 BTU's to and including 500,000 BTU's. each $15.00 5. For the installation or relocation of each boiler or compressor over 15 horsepower and including 30 horsepower, or each Gas Fired absorp- tion system over 500,000 BTU's and including 1,000,000 BTU's. each $20.00 6. For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or for each Gas Fired absorption system over 1,000,000 BTU's to and including, 1,750,000 BTU's. each $25.00 ioR O Page 2 7. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each Gas Fired absorption system over 1,750,000 BTU's. each $30.00 8. For the installation or relocation of each commercial or industrial type incinerator. each $25.00 9. For the installation or relocation or each domestic type incinerator. each $8.00 10. For each appliance or piece of equipment regulated by this Code but not classed in other appliance categories, or for which no other fee is listed in this Code. each $5.00 Any person who commences work prior to obtaining a permit shall be charged a double fee unless he/she demonstrates to the satisfaction of the Building Official that it was an emergency. Governmental agencies are exempt from the mechanical permit fees required herein; provided, however, the agencies will be required to pay the actual costs incurred by the City of Iowa City. It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES NAYS: ABSENT: Passed and approved this 14th day of ATTEST: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber February , 1984. Rooe1v3d 8, Approved BY T hO Lef7aw Doporhnent ln4 RESOLUTION NO. 84-36 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, For paving improvements for Lots 1 - 25 and Lot 36 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 Ambrisco and seconded by Zuber that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ Ambri sco X Baker X Dickson _ X Erdahl X McDonald X Strait X Zuber Passed and approved this 28th_ day of February , 19 84 MAYOR ATTEST• Received & Approved CITY CLERK By i e Legal Department RESOLUTION NO. .84-37 RESOLUTION ACCEPTING 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, For the portion of sanitary and storm sewer improvements for First and Rochester, Part One in Iowa City, Iowa as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. The portion of sanitary sewer improvements to be accepted is adjacent to Lots 1-38 and 44 of First and Rochester, Part One. The portion of storm sewer improvements to be accepted to Lots 1-25 and 36 of First and Rochester, Part One. AND WHEREAS, maintenance bonds have been filed in the Citv Clerk's office, NOW THEREFORE BE IT RESCLVED by the City Council of Iowa City, iot..a, that said improvements be accepted by the City of Iowa City. It was moved by _ Mbrisco and seconded by Zuber that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X __. Ambri sco X— Baker x Dickson X Erdahl X _ McDonald t Strait X Zuber Passed and approved this 28th day of February 19 84 MAYOR ATTEST: -2 � CITY CLERK Received & Approved By The Legal Depar nient St ill RESOLUTION NO. 84-38 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS FOR THE CRUISE SANITARY SEWER EXTENSION WHEREAS, the Engineering Division has certified that the following improvements have been coml,leted in accordance with the plans and specifications of the City of Iowa City, For sanitary sewer improvements for the Cruise Sanitary Sewer Extension in Iowa City, Iowa as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. AND WHEREAS, maintenance bands have been filed in the City Clerk's office, NOW THEREFORE BE IT EES.LVED by the City Council of lor.,a City, Ior;-a, that said improvements be accepted by the City of Iowa City. It was moved by Ambrisco and seconded by Zuber 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 28th day of February 19 84 MAYOR R elved & Approved ATTEST: )'ham— pA _ 1 py ry`he� Legal Depar7ment CITY CLERK •!J 7. 2'L IIS RESOLUTION NO. 84-39 RESOLUTION ESTABLISHING A CONSULTATION POLICY FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION WHEREAS, the City Council of Iowa City receives on a regular basis recommen- dations from the Iowa City Planning and Zoning Commission; and WHEREAS, the City Council may from time to time reach a different conclusion from that recommended by the Planning and Zoning Commission; and WHEREAS, the City Council believes that the best interest of Iowa City is served by a complete and open discussion and a full understanding of the Commission's recommendation on any issue, prior to final action being taken by the Council. NOW, THEREFORE, BE IT RESOLVED, that: In those instances in which the City Council has reached an informal consen- sus on a planning or zoning matter which is contrary to the recommendation of the Planning and Zoning Commission, the City Council will defer formal action on that matter until a discussion has taken place between the Council and representatives of the Planning and Zoning Commission. It was moved by Dickson 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 28th day of February 1984. OR ATTEST: Z -7&4_-t2 CITr CLERK Rei@ivOd & Approved gy The Legal C i:hartmeitt 113 RESOLUTION NO. 84-40 RESOLUTION ESTABLISHING CHARTER REVIEW COMMISSION. WHEREAS, the City of Iowa City Charter became effective an January 2, 1976, and, WHEREAS, the Charter provides that the City Council shall establish a Charter Review Commission at least once every ten years following the effective date of the Charter for the purpose of reviewing the Charter and recommending amendments to the electorate; and WHEREAS, the appointment of a Charter Review Commission is now appropriate so that Commission recommendations, if any, may appear on the ballot at the regular City election in November 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Charter Review Commission be and the same is hereby established consisting of nine members to be appointed by the City Council in accordance with the appropriate procedures of the Charter; and, 1. The report of the Charter Review Commission shall be presented to the City Council on or before April 1, 1985; 2. The responsibility of the Charter Review Commission is to review the Iowa City Charter as prescribed by Section 8.02, Charter Review Commission; 3. The City Manager and City Attorney shall provide such administrative and legal support as the City Council may authorize for the Charter Review Commission. It was moved by Zuber and seconded by Amb -risco 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 28th day of February 1984. ATTEST: CLERK CITY I;U '1K RESOLUTION NO. 84-41 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AN AGREEMENT WITH B & B ENGINEERING SERVICES CORP. WHEREAS, the City of Iowa City, Iowa, has negotiated an amendment to an agreement_ iIt�ILB & BEngineering Services , a copy of said amendment 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 an agreement with B & B Engineering Services, Corp. for the design of the Rundell, Dearborn and Center water pumping 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 amendment to an agreement with B & B Engineering Services, Corp. ----r . ----- -- ----- 2. That the City Clerk shall furnish copies of said amendment any citizen requesting same. It was moved by_ Zuber and seconded by _ Strait the resolution as read be aadopted, acid upon roll call there were: to tha t AYES: NAYS: ABSENT: X _ _ Ambrisco X Baker _X_ Dickson Erdahl X _ McDonald X —_ Strait X _ Zuber Passed and approved this 28th day of February 19 84 MAYOR ATTEST: L(�t. ,.x� 2e e,4,,,% ` CITY CLERK Rauaived & Apprr,;Odd 6y Ths Legal Dep. '.nenf IIS AMENDMENT TO AGREEMENT The City of Iowa City and B & B Engineering Services Corporation, entered into an agreement on April 20, 1983. The purpose of the agreement was to provide design services for a Pump Station for the Rundell, Dearborn and Center St. Storm Sewer Improvements. Section IV, Compensation for Services, provides that the City will pay an amount not to exceed $8,000.00 for performance of Phases 1, 2, 3 and 4 described in Section I.A. of the agreement. Based upon additional work being done by B & B, which neither Party had anticipated at the time of the agreement, the City of Iowa City and B & B Engineering Services Corporation have negotiated an adjustment to the base fee from $8,000.00 to $9,070.00. This addition $1,070.00 shall be paid as part of Phase 4 based upon the percentage of completion of Phase 4. All other provisions of the original agreement shall remain unchanged, and in full force and effect. The undersigned do state that this Amendment to Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: B & B NGINEERING SERVICES CORP.: yor ATTEST: City Clerk & q�F,rnvf-A ?.Pee e� C,.t.. i�„ari RESOLUTION NO. 84-42 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY. 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 (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383), and Title I of Public Law 98-8 (the "Jobs Bill"); and, WHEREAS, the City Council did, by Resolution No. 83-339 dated October 11, 1983, authorize and enter into an agreement with The Emergency Housing Project, Inc. to utilize CDBG funds to acquire, rehabilitate, and operate an emergency housing facility for transients and other persons with emergency housing needs; and, WHEREAS, it is necessary to revise the schedule for performance under the terms of the said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor be authorized to sign and the City Clerk to attest an amendment to the Agreement with The Emergency Housing Project, Inc. Said amendment is attached to this resolution and is incorporated herein by this reference. It was moved by Ambrisco and seconded by Strait the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER X DICKSON _ X ERDAHL X MCDONALD R STRAIT X ZUBER Passed and approved this 28thday of February 1984. YOIR" ATTEST: -k'�! CITY CLERK Apmnv0a pnr,y,,•d & . E• ;,.., ?s of .1 snt U AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY This agreement, entered into this 28th day of Feb 1984, by and between the City of Iowa iC ty, a municipa corpora ion (herein referred to as the "City"), and The Emergency Housing Project, Inc., a private non-profit corporation (herein referred to as "EHP"), is an amendment to the agreement providing for an emergency housing facility. This agreement amends portions of the original agreement executed October 18, 1983, as follows: PART I II. TIME OF PERFORMANCE: The performance schedule is hereby amended as follows: Program Element Deadline 1. Secure contract to purchase property March 1, 1984 2. Contract for property rehabilitation May 15, 1984 3. Take possession of property June 1, 1984 4. Complete property rehabilitation August 1, 1984 and begin facility operation 5. Continue facility operations August 1, 1984 thru December 31, 1990 III. COMPENSATION AND 14ETHOD OF PAYMENT: The City will pay and EHP agrees to accept in full an amount not to exceed one hundred twenty-five thousand dollars ($125,000) for performance under this agreement, as follows: 1. Partial payment will be made upon presentation of a properly executed real estate sales agreement for purchase of the prop- erty. Said partial payment will be in the amount required as downpayment for the property. 2. Partial payment equal to the balance of the purchase price for the property will be made upon written request of EHP, such amount to be available at the time of the closing of the pur- chase; provided the required insurance coverage (Section IV.0 of Part I of this Agreement) is obtained. H? 3. The balance of the amount payable hereunder will be paid upon presentation of a properly executed contract for the rehabilita- tion of the structure, subject to the proposed rehabilitation work, as provided in said contract, meeting HUD minimum require- ments as determined by the City. 4. The City may also, upon request of EHP, advance funds under this agreement directly to such providers of professional and techni- cal services (architectural, appraisal and the like) as are reasonable and necessary to achieve the purposes of this agree- ment. 5. The total of the above payments will not exceed $125,000. PART II I. PERFORMANCE AND REPORTING: Section E is hereby amended to read as follows: E. Not later than September 30, 1984, EHP will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. In witness whereof, the parties hereto have executed this agreement on this 28th day of Febrwry , 1984. CITY OF IOWA CITY, IOWA By: ATTEST: //1FJ FA V, 2 V I.IA EMERGENCY HOUSING PROJECT, INC. By: d., ATTEST: r By: Received & APProved y the Lzgal 119 RESOLUTION NO. 84-43 RESOLUTION AUPHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUPICNS CONTRACT AND GENERAL DEPOSITARY AGREEMENT WHEREAS, Iowa City Housing Authority , Iowa (herein called the "Local Authority") proposes (1) to enter into a contract (herein called the "Consolidated Annual Contributions Con- 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 menber 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 terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLOWS: 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 then, to the Government together with such other docunents evidencing the approval and authorizing the execution thereof as may be re- quired by the Government. 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 Mavor 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 docunents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 3. Whenever the following terms, or any of then, 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 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 Contri- butions Contract remain in full force and effect. Section 5. This resolution shall take effect inTne lately. "ayor ATTEST: / ) City Clerk ltea>h-x1 A Ap{x Mved By 'lime 4c3a{ Depaftwnt z z} g f IRO i• r: iJ69 ( 7*raEc1y VA-3010) As Amended by 53010C M.-.rch 1972 and 24 CFR § 899.102 U. S. DEPARTMENT OF HOUSING AND URBAN DEISLOPMENT LOW -RENT PUBLIC HOUSING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PART ONE IA022003 PROJECT NO.:IA05PO22DO4 CONTRACT NO.: KC -9166 THIS AGREEMENT entered into as of the 23rd day of March ,, 1984 , (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 seg., 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 and existing under the laws of the State of Iowa (herein called the "State") and a "Public Housing Agency" as defined in the Act. W I T N E S S E T H: WHEREAS, the parties have entered into various agreements pursuant to which the Lccal Authzrity has agrand to urdertaka the development and operation of certain low -rent housing and the Government has agreed to render financial assistance in connection therewith, which agreements are identified as follows: IA022003 - KC -9132 IA05PO22004 - KC -9160 ; 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 Government, has developed and is undertaking the operation of certain low -rent housing as defined In the Act, identified as follows: Id I LU CO z LU n. x w 0 x F_ z w 2 z ccW O O F 0 Lu 0 M 0 O Er n. i 111:D -53J10 ':iven.L•er 1969 (Formerly pHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 Project No. Number of Dwelling Units N/A Name of Project (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 N/A Name of Project (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. Estimated Number of Dwelling_ Units IA022003 32 IA05P022004 20 (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 t 11-oD-5 3010 Pn-e 3 •-,�oveo:ber 1969 . (rbrr;erly PHA -3010) As Amended by 53010 March 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 leas 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 discretio7 determines at that time that it shall render financial assistance to the Local Authority with respect to such housing. i (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 4nnual 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 N/A 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 NNI/A all of which were completed on.or before January 1, 1948, 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 suc- Projects. Ia3 W U) Z W a. X w D 2 I- W 2 Z X U1 O C7 I- ❑ LU U 13 ❑ O 0: a. P�;ge,4 P:ovedber 1969 (Formerly PHA -3010) As A.mcnded by 53010C March 1972 and 24 CFR Sb 899.102 (C) The Local Authority represents and the Government hereby finds that the cast 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 Projects identified in subsection (C) of Sec. 2 shall not exceed the following: Project No. IA022003 IAO5P022004 Estimated Number of Dwelling Units 32 20 Development Cost of Project Estimated Total Development Cost $1,701,379.00 $1,062,398.00 Initial Loan Commitment $170,138.00 $106,240.00 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 Estimated 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- -- Contract of Sale or Contract of Sale is approved by the Government on or after April ?J 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 perce_at 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 effec• 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 tt= ten (10) percentum 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 whi=a 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 a-'_ facilities located outside building walls (including streets, sidewalks, and sanitary, 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 and shall operate all Projects covered by this Contract in compliance with all provisions of this Contract and the Act, all regulations issued by the Government pursuant there=o, and applicable provisions of state and local law. (0 HL•'0-: 3010 Pa -;1 g November 1969 (Formerly PHA -3010 As Amended by 53010C March 1972 and 24 CFR § 699.102 Sec. 6. Cooperation Agreement With respect to the Projects, in compliance with Sec. 10(a), Sec. 10(h), and Sec. 15(7),(b) of the Act, the Local Authority has entered into, and the Government 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. IA022003 IA05PO22004 Governing Body Of: Iowa City, Iowa Iowa City, Iowa Date of Agreement April 4, 1978 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 frcm 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 hereof, and in order to assist the development of each Project, the Government shall lend to =re Local Authority amounts (the total of which is herein called the -"Maximum 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 aad 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 Q. X w D x Z Z 2 0: W O O a G LU U O O Cr Q. ,iICJ--53010 Page 'u November 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 Project No. IA022003` IA05PO22004 Initial Loan Commitment $170,138 $106,240 Minimum Loan Interest Rate 6.625 6.625 (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: Maximum Contribution Maximum Number Maximum Contri:ut Project No. Percentage of Contributions Period IA022003 7.177 40 40 IA05PO22004 7.177 40 40 The Maximum Contribution Period for any Project where such period has not been deterc'_ze 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 consecutira 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. 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 Principal Amount N/A ';6 U1 CO Z W X W 0 S Z Z U.1 2 Z X O C7 U.1 U O O 0: CL 11, 04 3010 J Phge 7 November 1969 (Formerly PHA -3010) As Amended by 53010C March 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 month 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 Declarations of Trust of record at Johnson County Recorder's office of Jo - s -on County 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 each 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. (B) 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 within the meaning of this Contract or any Bond Resolution heretofore or hereafter adopted by the Local Authority. 1a? l: ^D -J .4010 November 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 ,Y (G) To the extent that this Section conflicts with any other provision of this Contract, the provisions of this Section sball 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) drying 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 Lu persons engaged in national defense activities to the maximum extent authorized or 4Z permitted under applicable Federal and State laws then in effect, operate such Project ax to provide housing for persons engaged in national defense activities. w (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 deli,rery of Bonds and it Z appears that such prohibition or stoppage of construction will. continue for an W extended period, the Local Authority shall refrain from the award of any further Z Construction or Equipment Contracts, shall take in respect to Construction or Equipment. Cr Contracts already let whatever action is reasonably necessary to conserve monies and LU assets (including termination or settlement of any outstanding Construction or Equipmen 0 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 Projec Q in excess of the amounts needed therefor under the aforesaid limitations shall, upon W 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 O¢ Contracts until such prohibition or.stoppage is ended. Nothing in this subsection (B) a shall be construed as prohibiting the Local Authority from proceeding with site acquisition and the completion of plans, drawings, specifications, and related document 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 supercede 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 U W W z w a. X LU M D 2 z z Lu 2 z 0: UJ O O H LU U 7 O O er Q. F ;ze.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 applicant 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 of ultra vires, or if ttie 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, the 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 tl:e 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 Authorit an amount equal to the Maximum Development Cost of the Project. ld9 LU Z LU CL X LU x z z w i X LU O U F- w U O cc a. :'D-3010 1'aga' 10 tinvember 1969 (Formerly PHA -3010) As Amended by 53010C .Larch 1972 and 24 CFR § 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 is 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 prdject 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." (G) Amendments and Modifications of Part 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 Development; Provided further, that this requirement shall not apply in any case in which the 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 welfare 130 ' . IUD -•53010 r ( � 1'�ge 11 November 1969 (Forma rly PHA -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 asency. (3) Section 308(D) 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 of 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 ate located in or owned in substantial part by persons residing in the area of the Project." w Z"Sec. 315. Contracts for Personal Services. w n. W . 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 F two (2) years, or where the contract contains a renewal provision for any period of W time, without the prior written consent of the Government. Where an existing contract icontains a renewal provision, automatic or otherwise, which extends the term of the et contract for any period, the Local Authority shall not act to renew or extend such j contract, or fail to take any necessary action to forestall automatic renewal or 0 " extension, without the prior written approval of the Government. (5) Section 407(D) is amended to read as follows: 0 V "(D) With each submission of Operating Budgets, the Local Authority o shall submit estimates of the Accruing Annual Contribution and the Additional Annual ¢ Contribution required for the period covered by such Budgets." a (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 4080)(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". 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 131 12 November 190 (F(ormerly PIIA-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 LU respect to such Project may be made on the Annual Contribution Date which occurs Znot less than twelve months subsequent to the Date of Full Availability of such LU Project, subsequent Debt Service Annual Contributions shall be payable on each X Annual Contribution Date thereafter. UJ (C) On each Annual Contribution Date the Government shall pay F (subject to reduction as hereinafter in this Sec. 415 provided) Debt Service Annual W Contributions for each Project, with respect to which any Debt Service Annual i Contributions are then payable. Z X (1) The amount of the Debt Service Annual Contribution' 5 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 0 amount or amounts allocable to Permanent, Project Loan, or Project Notes, as follows: w � (a) With respect to each Project Permanently Financed 0 by an issue of Bonds equal to the Minimum Development Cost first established for such cc Project, an amount, as determined by the Government, which if applied annually at the a.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 ConLribution 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 chnrlged the Local Authority during the next preceding Fiscal Year in respect to the unnrurtized 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 establi::hed 13;1 W 0) Z W a. X W ❑ Z 2 W 2 Z erW O O O 7 O X CL D-5 3010 . Pa;;c 13 Novmm cr 1969 (Formerly FHA -3010) As Amdnded by 53010C Marsh 1972 and 24 CFR § 899.102 for uch Project would fully amortize such portion not later than the first day of ti:c month tol.lowing the last Annual Contribution Dare 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 Contribution 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 ContriLuticn Dat_- in the amount, if any, by which (i) the accruing Annual Centributica 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 Contributic 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 of 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 contribution 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 133 HUD -.53010 Pa •e lei Novc:er 1959 (Formerly PHA -3010) As A^.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 Annual 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 months) and be used for the payment of interest on any Bonds which may be subsequently issued to refund such Notes and expenditures. (8) When monies sufficient for the payment and discharge of all Bonds have been deposited with the Fiscal Agent in trust for ouch purpose, Accruing 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 and expenditures and in the proportion as prescribed in subparagraph (7) of this Sec. 415(C). Monies so applied by the Local Authority during the twelve months period preceding each Annual Contribution Date which, except for the provisions of this subparagraph (8), would have been on deposit on such Annual Contribution Date in the Debt S^_rvice Fund for the reduction of annual contributions, shall be deemed to have been on deposit in the Debt Service Fund on such Annual Contribution Date for the purpose of subparagraph 2 of this Sec. 415(C). (9) No Accruing Annual Contribution shall be paid or made available by the Government pursuant to this Contract in an amount in excess of an amount which together with all monies then on deposit in the Debt Service Fund will be sufficient to fully pay and retire the outstanding Bonds, Permanent Notes, Project 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 haves 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, togethe 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 Budgat. The Government may approve such estimate or revision thereof in full or in a reduced ,mount and the amount so approved pursuant to such estimate or any revision theme shall be the maximum amount of Additional Annual Contributions payable in respect to thu :'cojects for the period covered by such Budget. The Covernment shall not in any Federal Fiscal Year approve any estimate or revision thereof in an amount which, together with the amount of all Additional Annual Contributions then contracted for by the Govern..ent, ;'onld exceed the amount as determined by the Covernmer.t of Additional Annual Contribucl �� -HUD -53010 Eagh 15 1 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 Maximum Contribution Percentage of (1) 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 'Waximum 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)9(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 authdlized 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 spertal flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 19689 the Owner agrees that the Project will be covered, during its anticipated /ff HUd-53010 {- Page 16 November! 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 maximimm 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 152 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 at seq., Executive Order 117389 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 Act 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 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 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 19689 whichever is less.: /,4 HUD -53010 'o November 1969 y (Formerly PHA -3010) As Amended by 53010C .102 18.' 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- cie3)'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: (a) * * * except in the case of housing.pradorainantly for the elderly, high-rise elevator projects shall not be provided for families with children unless the Secre- tary makes a determination that there is no practical alternative. (4) Under Section 6(b) of the Act: (b) * * * the cost of construction and equipment of the project (excluding land, demolition, and nondwelling facilities) on which the computation of any annual contributions under this Act may be based shall not exceed by more than 10 per centum the appropriate prototype cost for the area. * * * (5) Under section 6(c) of the Act: (c) .(1) the Secretary may require the public housing agency to review and revise its maximum income limits If the Secretary determines that changed conditions in 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 -- 1'3'7 o-- 3'7 . 1 137 iiUB-53010 ' '�MPage 1& (A) the establishment of tenant selection November X969 1 criteria designed to assure that with - (Formerly PHA4010) 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 loi7-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 rents (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 Wof homeownership." a W (6) Under seetio:i'6(d o the Act: (d) * * * no annual contributions by the Secretary shall be made available for such project (i.e., low - Income housing project) unless such project (exclu- Z sive of any portion there of which is not.assisted by . � annual contributions under this Act) is exempt from zZ all real and personal property taxes levied or imposed uJ by the State, city, county, or other political sub- , > division and such contract shall require the public housing agency to make payments in lieu of taxes equal to 10 per centum of the sum of the annual shelter rents charged in such project, or such lesser amount W as (1) is prescribed by State law, or (ii) is agreed 7 to by the local governing body in its agreement for o local cooperation with the public housing agency re - 0 quired under section 5(e)(2) of this Act, or (iii) is a 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- eet 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. * * * 150 HUD -53010 • November 1969 (Formerly PHA -(9) 3010) C Under section 12 of the Act: As Amended by 53010C March 1972 and 24 CFR § 899.102 LU y W 0- X U1 0 D x z LU a z 0: LU O O F 0 LU U O cc G. 9 * * * not less than the wages prevailing in the lo- cality, as determined or adopted (subsequent to a deter- mination under applicable State or local law) by the 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 this Contract to be executed Authority has caused its seal Date of This Contract first a (SEAL) ATTEST: Marian K_ Karr,City Clerk (Type Hama and Title) Racehfed 3 Approved By The Legal Department z'_z3 $n - Local Authority and the Government have caused in their respective names and the Local to be hereunto affixed and attested as of the bove written. CITY OF ma CITY, IM UNITED STATES OF AMICA Des Office Development 139 I31 ,• HUD -51999 Rev. 1/71 GENERAL DEPOSITARY AGREEMENT March THIS AGREEMENT, entered into this 15th day of 02W 1984 , 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 of Iowa City, Iowa and First National Bank of Iowa City (herein called the "Bank"), located at 204 East Washington, 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. Name of Project IA022003 Iowa City Housing Program IA05P022004 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 h_eYeof 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 FURTHERYJTNESSETH: 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 Authority IA022003 & IA05P022004 #010 043 8 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 deposited in the Account upon receipt, (V 5. If the Bank rece i written notice from the Gov nent 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. 9. The depositary agreement heretofore entered into between the Bank and the Local Authority with reference to Projects No. IA022003 & IA055PO22004 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: Secretary Marian Karr, City Clerk (SEAL) ATTEST: itv of Iowa Cit Local Authority By C7inan John;°Mb Donald, Mayor First National Bank, Iowa City, Iowa Bank By NOTE: Strike paragraph 9 if not applicable. • 2220h3—P HUD—HAA, Wash., D.C. (3M C E R T I r I C A T E I HEREBY CERTIFY that a meeting of the Board of Directors of the First National Bank Bank /-A national banking association/— Iowa City, Iowa:' L a corporation organized and existing under and by virtue of the laws of the State of Iowa f and a member of the Federal Deposit Insurance Corporation, located in the County of Johnson , State of Iowa , was held on the 13th day of march 1984 at which the following Directors, constituting a quorum for the transaction of business, were present: Bywater, Eb re, Feddersen, Hardin, Hopping Houghton; Newman, O'Brien, Radcliff, Sangster, Sierk, Stochl, Van Allen and Wall R E S O L Q T I 0 N BE IT RESOLVED by the Board of Directors of the First National Bank Bank that James A. Iowa City, Iowa Sangster, Senior Vice— 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 Sousing Authority of the : City of I,,wa City, Iowa under which chis Bank shall act as a depositary for fundi of the Sousing Authdrity of Iowa City, Iowa and to execute any and all other papers and documents necessary and proper i in connection with said General Depositary Agreement. I FURTHER CERTIFY that the resolution was approved by a majority of the Directors present at such meeting and that it is a valid and proper resolution and was adopted at a valid and properly held meeting of the Board of Directors of such Bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said Bank this 15th day of March , 1984. (SEAL) 139e- RESOLUTION N0.84-44 RESOLUTION ESTABLISHING BUILDING PERMIT, PLAN CHECKING AND DEMOLITION PERMIT FEES FOR THE THE CITY OF IOWA CITY BUILDING CODE. WHEREAS, the City of Iowa City reviews plans and issues building permits for construction, and, WHEREAS, the City of Iowa City issues demolition permits to assure proper and safe demolition and disposal of rubble from buildings and a proper removal of utility connections, and, WHEREAS, the payment of a fee is necessary to offset the administrative cost of such permits or plan review activities, and WHEREAS, it is in the public interest to exempt other governmental agencies from the payment of these fees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: The fees for permits shall be as follows: TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 BUILDING PERMIT FEES FEE $5.50 $5.50 for the first $500.00 plus $1.00 for each additional $100.00 or fraction thereof, to and including $2,00.00 $20.50 for the first $2,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $118.25 for the first $25,000 plus $3.25 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $199.50 for the first $50,000.00 plus $2.15 for each additional $1,000.00 or fraction thereof to and including $100,000.00. $307.00 for the first $100,000.00 plus $1.60 for each additional $1,000.00 or fraction thereof to and including $500,000.00. IYO Resolution No. 84-44 Page 2 $500,001.00 and up $947.00 for the first $500,000.00 plus $1.00 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. Reinspection fee $10.00 each 3. Inspections for which no fee is specifically $15.00 per hour indicated (minimum charge - one-half hour) Where work for which a permit is required by the Building Code is started prior to obtaining said permit, the fees specified in this code shall be doubled, but the payment of such double fee shall not relieve any person from fully comply- ing 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, elevators, 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. 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 half 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. Plan check fees are payable at the time the application for building permit has been filed with the Building Official. No wi plan checkin l commence without a receipt from the Finance Department indicating that the correct o an checking n oaia. ►UI Resolution No. 84-44 Page 3 If the applicant for a building permit cancels the building permit or the ap- plication for same, all plan -check fees assessed to part of the permit applica- tion shall be retained by the City. DEMOLITION PERMIT FEES No fees shall be asessed for demolition permits that have been ap issued prior to the demolition of a structure or portion of a strut Where demolition work is started rior to obtainin a demolition fee or the permit shalla one un re do ars 00.00. It was moved by Zuber and seconded by Dickson Resolution be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: ied for and ure. rmit. the X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 28th day of F bruary �8� ATTEST: CITV CLERK the Reeelved d Approved By The ienal Df2partment lC L:/'!� rJ 111,Q tESOLUTION NO. 84-45 RESOLUTION ESTABLISHING POLICY FOR USE OF FUNDS DERIVED FROM HOTEL -MOTEL TAX. WHEREAS, as authorized by Chapter 422A of the Code of Iowa, at an election on November 2, 1982, the voters of Iowa City approved the imposition of a five percent (5%) tax upon gross receipts for rental of hotel and motel rooms in the City; and WHEREAS, Code Section 422A.2 places certain limitations on the use of fifty percent (50%) of the funds derived from the hotel -motel tax; and WHEREAS, the Council has informally allocated the proceeds from such tax, but has not formally made such allocation; and WHEREAS, the Council wishes to formally establish a policy for use of proceeds derived from the hotel -motel tax. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF I04lA CITY, IOWA: That amounts received by the City from the hotel -motel tax shall be allocated as follows: a. Fifty percent (50%) shall be allocated to police protection. b. Twenty-five percent (25%) shall be allocated to the Convention Bureau of the Iowa City Chamber of Commerce for the promotion and encouragement of tourists and convention business in the City. c. Ten percent (10%) shall be allocated for parkland acquisition. d. Fifteen percent (15%) shall be allocated for the constructing, improving, enlarging or equipping of parks and recreational facilities. It was moved by Dickson and seconded by Strait the Resolution be adopted, an upon ro 1 call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 28th day of February 1984. U'(/ x rl YO ATTEST: CITY CLERK I q3 Iowa City, Iowa, February 28, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Dickson McDonald Strait Zuber Absent: Erdahl -1- 1#Y Matters were discussed relative to final authorization and issuance of $850,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Gilbert Tower Associates Project) Series 1984. Following a report on the proposed Project by representatives of said Company and a discussion of the Bond issue, Council Member Baker proposed the following Resolution and moved its adoption. Council Member Ambrisco seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution adopted by the following vote: AYES: McDonald, Ambrisco, Baker, Dickson, Strait, Zuber NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- 1115' 2- 15►S RESOLUTION NO. 84-46 RESOLUTION AUTHORIZING THE ISSUANCE OF $850,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (GILBERT TOWER ASSOCIATES PROJECT) SERIES 1984, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO GILBERT TOWER ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A 29 -UNIT MULTI -FAMILY RESIDENTIAL APARTMENT FACILITY TO BE LOCATED AT 601 SOUTH GILBERT AND CONTIGUOUS PROPERTIES WITHIN THE CORPORATE BOUNDARIES OF THE CITY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A SECURITY AGREEMENT WITH THE CITY AS THE SECURED PARTY THEREUNDER AS ADDITIONAL SECURITY FOR SAID BONDS; THE EXECUTION AND DELIVERY OF A DEED RESTRICTIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND GILBERT TOWER ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID REAL ESTATE MORTGAGE, SAID SECURITY AGREEMENT AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City") proposes to issue its Commercial Development Revenue Bonds (Gilbert Tower Associates Project) Series 1984, in the aggregate principal amount of $850,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the City Gilbert Tower Associates, an Iowa general partnership (the "Company"), for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping 29 -unit multi -family residential apartment facility to be located at 601 South Gilbert and contiguous properties within the corporate boundaries of the City (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and to a -3- / WHEREAS, the City Council of the City has determined the Project is located within the area of and is consistent with and authorized by the Neighborhood Development Plan (the "Urban Renewal Plan") and there is a public need in the City and the surrounding environs for implementation of said Urban Renewal Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and will promote employment opportunities for residents of the City and the surrounding area; and WHEREAS, the Bonds are to be issued pursuant to provisions of an Indenture of Trust (the "Indenture") dated as of March 1, 1984, between the City and Hills Bank & Trust Co., Hills, Iowa, as Trustee thereunder (the "Trustee") and; WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of March 1, 1984, between the City and the Company; and WHEREAS, as additional security for payment of the Bonds, the Company has agreed to execute a Real Estate Mortgage (the "Mortgage") dated as of March 1, 1984, between the Company, as the mortgagor, and the City, as the mortgagee, thereunder, pursuant to which the Company grants and conveys to the City a mortgage lien in the real estate described in the Mortgage, subject to Permitted Encumbrances; and WHEREAS, as additional security for payment of the Bonds, the Company has agreed to execute a Security Agreement dated as of March 1, 1984 (the "Security Agreement"), between Company, as Debtor, and the City, as Secured Party, pursuant to which the Company grants and conveys to the City a security interest in all machinery, equipment, fixtures and other personal property described in the Security Agreement, and the City, pursuant to the Assignment of Security Agreement dated as of March 1, 1984 (the "Assignment"), will assign its rights and interest in the Security Agreement to the Trustee as additional security for the Bonds; and WHEREAS, the rights and interest of the City in and to the Loan Agreement, the Mortgage and the Security Agreement will be assigned by the City to the Trustee pursuant to the Indenture; and WHEREAS, the loan is made subject to certain deed restrictions under a Deed Restrictions dated as of March 1, 1984 (the "Deed Restrictions"), by and among the City, the Company and the Trustee; and WHEREAS, as additional security for payment of the Bonds, James A. Clark and Loretta C. Clark have agreed to execute a Guaranty Agreement dated as of March 1, 1984 (the "Guaranty"), between Guarantors and Trustee, pursuant to which Guarantors guarantee the full and prompt payment of the principal of, premium, if any, and interest on the Bonds, as the same shall become due; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by Section 419.9 of the Act and Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arranged for the sale of the Bonds to Hills Bank & Trust Co., Hills, Iowa (the "Original Purchaser"); and WHEREAS, there has been presented to this meeting the following documents, which the City proposes to enter into: 1. The form of Loan Agreement between the City and Company; and 2. The form of Indenture between the City and the Trustee setting forth the terms of the Bonds including (without limitation) the maturity dates, rates of interest and redemption provisions, and the conditions and security for payment of the Bonds; and 3. The form of Bond Purchase Agreement to be dated February 28, 1984 (the "Bond Purchase Agreement"), by and among the Original Purchaser, the Company and the City relating to the issuance, sale and purchase of the Bonds; and 4. The form of the Mortgage and the Assignment thereof; and 5. The form of Security Agreement and the Assignment thereof; and 6. The form of Deed Restrictions; and 7. The form of an Inducement and Indemnity Letter to be dated February 28, 1984 (the "Inducement Letter") from the Company and Guarantors to the City and the Original Purchaser; and 8. The form of the Bonds, as set forth in the Indenture. -5- 1q3 WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Council Members of the City Council, is in appropriate form and is an appro- priate instrument for the purposes intended; NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the City defray all or a portion of the cost of acquiring, constructing, improving and equipping a 29 -unit multi -family residential apartment facility to be located at 601 South Gilbert and contiguous properties within the corporate boundaries of the City (the "Project") by issuing the Bonds and loaning the proceeds of the sale of the Bonds to Company, which Project is consistent with and located within the area of the City's Neighborhood Development Plan adopted by the City pursuant to Chapter 403 of the Code of Iowa; and Section 2. That in order to defray the cost of the Project, the issuance of the Bonds in the aggregate principal amount of $850,000, maturing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the form and content of the Bonds set forth in the Indenture now before this meeting be and the same hereby are in all respects authorized, approved, ratified and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, whether by manual or facsimile signatures, impress the official seal of the City (or cause to have printed a facsimile thereof) thereon and deliver for and on behalf of the City the Bonds to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limitation the maturity dates, rates of interest and redemption provisions) be and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 3. That the City loan to Company the proceeds from the sale of the Bonds pursuant to the Loan Agreement, which provides for repayment by Company of such loan in an amount equal to principal of, premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects author- ized, approved and confirmed and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including necessary counterparts in -6- M substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appro- priate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Loan Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed. Section 4. That Hills Bank & Trust Co., Hills, Iowa, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisions of which are incorporated herein by reference, and the assignment of the City's rights and interest in and to the Loan Agreement (with certain exceptions as stated in the Indenture) and the form and content of the Security Agreement and the Assignment, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Indenture, the Security Agreement and the Assignment for and on behalf of the City to the Trustee for the security of the Bonds and the interest thereon, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture, the Security Agreement and the Assignment now before this meeting, and that from and after the execution and delivery of the Indenture, the Security Agreement and the Assignment, the Mayor and the City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture, the Security Agreement and the Assignment as executed. Section 5. That the form and content of the Mortgage constituting a conveyance and grant by the Company to the City of a mortgage lien in and to the property subject to the Mortgage and described therein, and the assignment to the Trustee of the City's rights and interest in and to the Mortgage, pursuant to the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, � 4-b empowered and directed to execute, attest, seal and deliver the Mortgage and the Assignment for and on behalf of the City, as mortgagee thereunder, including necessary counterparts, in substantially the form and content now before this meeting but with such changes, additions, modifications and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Mortgage and Assignment now before this meeting and that from and after the execution and delivery of the Mortgage and Assignment, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Mortgage and Assignment as executed, and the provisions of the Mortgage and Assignment are hereby incorporated herein by reference. Section 6. That the form and content of the Deed Restrictions relating to the Project be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Deed Restrictions for and on behalf of the City, including necessary counterparts, in substantially the form and content now before this meeting but with such changes, additions, modi- fications and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Deed Restrictions now before this meeting and that from and after the execution and delivery of the Deed Restrictions, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Deed Restrictions as executed, and the provisions of the Deed Restrictions are hereby incorporated herein by reference. Section 7. That the sale of the Bonds to the Original Purchaser at the purchase price of 100% of the par value thereof, subject to the terms and conditions set forth in the Bond Purchase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to execute and deliver to the Original Purchaser the Bond Purchase Agreement for and on behalf of the City, including necessary counterparts in the form and content -8- 151 now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement. Section 8. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary tc carry out and comply with the provisions of the Inducement Letter as executed. Section 9. That the Mayor and the City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing statements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture, the Loan Agreement, the Mortgage and the Security Agreement and the execution of all closing documents as may be required by Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, as Bond Counsel, and the acceptance of any documentation evidencing indemnification of the City by Company in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 10. That the Loan Agreement requires Company in each year to pay amounts as Loan Payments sufficient to pay the principal of, premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 11. That the Bonds are limited obligations of the City, payable solely out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and as provided in the Indenture, and are secured pursuant to and in accordance with provisions of the -9- 15A Mortgage, the Security Agreement, the Assignment, the Guaranty and the Indenture. The Bonds and interest thereon shall never constitute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 12. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 13. 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 and approved this 28th day of February, 1984. City of Iowa City, Iowa (Seal) �a ohn McDonald, Mayor Attest: Mar an K. Karr, City Clerk -10- 153 CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on February 28, 1984, for the purpose of considering a Resolution authorizing the issuance of $850,000 aggregate principal amount of Commercial Development Revenue Bonds (Gilbert Tower Associates Project) Series 1984, of the City of Iowa City, Iowa, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Real Estate Mortgage, the execution and delivery of a Security Agreement with the City as the Secured Party thereunder as additional security for said Bonds, the execution and delivery of a Deed Restrictions; the execution and delivery of a Loan Agreement between the City and Gilbert Tower Associates, the Assignment by the City of the rights and interest of the City in and to said Real Estate Mortgage, said Security Agreement and said Loan Agreement, the sale of said bonds, appointment of a Trustee and related matters; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 28th day of February, 1984. (SEAL) Mar an K. Karr, City Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. ' oLl- y a ry ry Public in anU for the (SEAL) State of Iowa (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: PUBLIC NOTICE IS HEREBY governmental body will meet The City Council of Iowa City, Iowa. February 28, 1984 7:30 P.M. Council Chambers Civic Center 410 East Washington Street Iowa City, Iowa GIVEN at the set out. The tentative agenda for that the above-mentioned date, time and place above said meeting is as follows: 1. Resolution Authorizing the Issuance of $850,000 in Aggregate Principal Amount of the City of Iowa City, Iowa, Commercial Development Revenue Bonds (Gilbert Tower Associates Project) Series 1984, With the Proceeds from the Sale of the Bonds to be Loaned to Gilbert Tower Associates, an Iowa general partnership, for the Purpose of Defraying All or a Portion of the Cost of Acquiring, Constructing, Improving and Equipping a 29 -Unit Multi -Family Residential Apartment Facility to be Located at 601 South Gilbert and Contiguous Properties Within the Corporate Boundaries of the City; the Execution and Delivery of an Indenture of Trust to Secure Said Bonds; the Execution and Delivery of a Real Estate Mortgage; the Execution and Delivery of a Security Agreement With the City as the Secured Party Thereunder as Additional Security for Said Bonds; the Execution and Delivery of a Deed Restrictions; the Execution and Delivery of a Loan Agreement Between the City and Gilbert Tower Associates; the Assignment by the City to the Trustee of the Rights and Interest of the City in and to Said Real Estate Mortgage, Said Security Agreement and Said Loan Agreement; the Sale of Said Bonds; Appointment of a Trustee; and Related Matters. 2. Such additional matters as are set forth on the additional page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. -12- f <r Mak'ian K. Karr, City Clerk of the City of Iowa City, Iowa -12- f <r RECORD OF PUBLIC HEARING AND ADOPTION OF BUDGET On February 14. 1984 , 1984, the Council of the City of Iowa City met for the purpose of conducting a public hearing on the proposed 1984-85 Budget as published (posted). A quorum was present. Notice of time and place of hearing had been published on Feburary 9 , 1984, in the Iowa City Press Citizen and the affidavit of publication was available to file with the county auditor. (or) Notice of the time and place of hearing has been posted on 1984, in the following locations: and The budget estimate was considered and taxpayers and citizens heard for and against said estimate as follows: After giving opportunity for all desiring to be heard, the Council adopted the following budget resolution: Resolution No. 84-47 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1985. Be it Resolved by the Council of the City of Iowa City , Iowa: The annual budget for the fiscal year ending June 30, 1985, 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 pro- grams and activities for said fiscal year is adopted, and the clerk is directed to make the filings required by law and to set up his books in accordance with the summary and details as adopted. Passed and approved on February 28 1984, by the following vote: (List names.) Ayes: Dickson Nays: None Ambrisco Baker McDonald Strait Zuber ATTEST: Isl ^' Mayor /s/ -A-" Clerk /-G RESOLUTION NO. 84-4R RESOLUTION APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF IOWA CITY, IOWA, FOR THE FISCAL YEARS 1985 THROUGH 1989. 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 1985 through 1989 the Capital Improvements Program. It is understood by the City Council of the City of Iowa City, Iowa, that the 1985 through 1989 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. 3. The City Clerk is hereby authorized and directed to certify copies of this Resolution and the appropriate Capital Improvements ,Program adopted to all governmental agencies as required by law. It was moved by Strait and seconded by Zuber 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 sy Ike Lei;;al CePa"E" z2z84 I,e'7 CAPITILIladin rim717i.BG5.M PNUJFCT PRION IRB FT05 Piss PTsi Ti•s rise PIITURt TRs TOTAL SCUTT BLVD PAYING 111 6 10 0 0 0 25,006 624.650 176,850 0 1.026,800 FIRST AVE CULVERT 7,000 229,0.0 0 0 0 0 0 216,000 NFLNUSL AVE PAVING 0 • 15,000 645,000 0 0 0 120,000 BURNET ROAD PAVING 0 0 0 25,000 2.7,500 • 0 112.500 UUMUUUt ROAD &MP 0 0 1,000 161.000 0 0 0 166.000 AIRAMOOD CIRCLE IMP 0 01,600 • • 0 0 B 51,600 I.uMUODE Al • IUMA TO PARE 0 • 30.000 621,7s0 • • 0 661.750 CItRA WIDTM SCORURIS400USNI 0.200 160000 • • 0 0 • 45,190 TAFt.EPLLOMAT PAVING 0 • 9 0 20.000 165,000 • 165,000 DODGE AT . BAG AD TO GOVERNOR 0 9 • 105.000 152.000 6 • 497.000 NR COOSSINGS • !•T AVL 0 1.000 111.000 1 0 • 0 119,s00 CNANDIC RR CpassING1 11 1.000 57,908 0 0 0 • • 50.000 RR C40512NGS . DAO 6 C1,INTON 1,000 10.006 • • 0 • 6 10.000 IOWA AVENUE SSIDGE 11.000 1,24N.000 9 • 0 0 0 1.719.000 BURLIMGTOO AT BRIDGE 72.000 0 1.016.000 • 0 • 0 1.049.000 BUDGE AT BRIDGE/DECK REPAIN 0 4 0 10,000 115,000 9 0 125.004 OURLINGTOM AT BM AT 1141,1704 CR 0 • 0 0 5.000 50,000 • 55.000 MENTUM ST BRIDG9 WIDENING 0 11s.000 0 1,060,006 0 • • I,19s,000 CRELKSIOE BIBEMALIS NSA 0 0 01,000 9 0 • • 67,800 VILLA P405 SIDEWALK 0 7.000 0 0 0 0 0 7.000 MERCER PARS SIDEWALK 0 0 11,500 0 0 0 • 11,500 WILLOM COLE■ PARR SIDEWALK 0 0 75.600 0 0 0 • 75,1100 M DUDUUUE AT SIDEWALK 0 2,500 35.500 0 0 0 • 16,0.0 Ciu CI.I11tU4 ST 0 12.000 151,000 0 0 0 • 161.000 PROPENTT ACU 6 CLEARANCE 0 0 72.520 0 0 • 9 12.620 POOL FACILITY 0 0 • '1,350.000 0 • • 1.250,000 SCOUT PANS 0 • • 0 0 0 56,000 55.000 PLACED DIAMOND LIGHTS 0 22.000 • 0 0 0 0 27,000 MERCER DIASUNDA FLACK 0 27.500 • 0 0 0 0 21,500 NUS FLELT EAPANSIU4/MEPLACENT 900,000 410.400 435.000 320.000 120.000 495.000 6 2,010.600 .ATLf MAINTL%ARCE GARAGE 150,000 25.000 • 0 0 0 0 175,000 AIRPORT HASTEN PLAN IMPNOT 0 31510.239 • 0 0 • • 1.590,210 AIRCRAFT HANGARS 6 SHOP 20,000 405.M00 0 0 0 0 • 425.400 NURTM CUAMIUON SEMEN 0 6 • 6.000 106,000 0 0 110.000 TAF'T 1PECOMAN SEMEN CIT9NAI04 0 0 • 11,000 166,500 • • 179,500 SHAMROCK/APA" STUMN SEWER 9.000 200,000 0 0 0 0 • 200,000 EXISTING &LOTS PLANT UPGRADE 60,000 550,000 0 0 0 0 • 610,000 FAST AIDE WATLM STORAGE TANK 69.500 1,047.509 9 0 0 0 • 1,117,040 TOTAL ......... .................... i .......... iii�iii .......... .......... .......... ---------- iiiiiiiii i N:i6M I RESOLUTION NO. 84-49 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CEDARRAPIDSAND NNITTOWA CITTY RAILWAY COMAPNY REGARDING THE LOCATEDAUPDN'RAILROADAPROAERTYRATION, ETC. OF A WATER PIPE WHEREAS, the City of Iowa City, Iowa, has negotiated an _agreement with Cedar Ra ids and Iowa Cit aiway Co., 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 with the Cedar Rapids and Iowa Citv Railwav rmmnan„ /rDAIUnTrN which licenses the City of Iowa City to install '-maintain. nPeratp and rpnpk a 12 -inch water pipe located upon the property of the CRANDIC just south of Highway 6 Bypass. 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 and Iowa City Railway Company- 2. ompan -2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. 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 X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 13th day of March ATTEST: 19 84 �d no.,-- - . . By The Legal Deparhnent I<�q AGREEMENT CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called "Railway Company") hereby licenses CITY OF IOWA CITY (hereinafter called "City") to install, maintain, operate and renew 12" water pipe (hereinafter called "facility") upon the property of the Railway Company at the following location: At Mile Post 0 plus 330 feet in Iowa City, Johnson County, Iowa at Engineers' Profile Station 3+30 in Section 15, Township 79 North, Range 5 West. A more particular description of the location of said pipe line is made on the print hereto attached, marked "Exhibit "A" and hereby made a part of this agreement. Said water pipe shall be constructed of cast iron Class 150 where it passes underneath the tracks of Railway Company and across Railway Company's right-of-way. It shall be not more than twelve (12) inches in diameter, inside measurement, and shall be encased in 22" steel W.T. = 0.375" under Railway Company's tracks and for a distance of twenty-five (25) feet each side of track measured at right angles thereto. Said pipe shall be laid at a uniform grade entirely across the right- of-way of Railway Company, and the top of the pipe line shall be not less than 4.5 feet below the base of rail of said tracks, nor at any point at a sufficiently shallow depth to be affected by frost, as provided in drawing attached hereto, marked "Exhibit B" and made a part of this agreement. The foregoing License is given such express terms and conditions as are inserted below, as well as those contained upon the attachment hereto, and should the City at any time violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Railway Company, may, at its option, immediately revoke this License. The foregoing License is subject to the following con- ditions: 1. The said facility shall be used for the purpose of conveying water. 2. The City is to have and to hold the same from Jan- uary 1, 1984 to January 1, 1987, and thereafter until either party shall give the other party One Hundred Eighty (180) days' written notice of its desire to terminate this lease; and until so terminated, all conditions of this agreement shall remain in full force and effect. Acceptance of rent in advance by the Company shall not act as a waiver of the right to terminate this agreement. -1- 783 160 3. Any written notice given by either party to the other party shall be deemed to be properly served if the same be delivered to such other party, or if mailed, postpaid, addressed to such other party at such other party's last known place of business. In case of an emergency, notice shall be given by telephone as follows: If to the Railway Company, by calling the Superintendent, 12th floor, ie: Tower, at 319/398-4448 or Dispatcher, Rockford Rd., S.W., at 319/398-4645: If to the City, by calling the Water Department at 319/356-5166 or the Police Department at 319/356-5275. Each party shall notify the other party in writing of any change of address or tele- phone number. 4. The City shall pay to the Company at its office in the City of Cedar Rapids, Iowa, a rental of One Hundred Dollars ($100.00) per annum, payable annually in advance, beginning on January 1, 1984. 5. The City shall bear the cost of all protection which the Railway Company may require for its tracks or property during construction and maintenance hereby author- ized and of all repairs, changes, additions or betterments to said Railway Company's tracks or property made necessary on account of same. If, in the judgment of the Railway Company, it shall be necessary to provide support for its tracks during the work of construction or maintenance, the Railway Company will provide such support, and the entire cost thereof will be paid by the City promptly upon receipt of bill therefor. 6. The City will give to the Superintendent of the Railway Company at least ten (10) days' notice in writing before entering upon the right-of-way of the Railway Company for construction purposes, or for the purpose of making necessary repairs unless an emergency exists. During an emergency, the City shall have the right to make emergency repairs without prior written notice to the Railway Company, but the City shall notify the Railway Company of such work as per.Section Three (3). The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the City to make such repairs upon ten (10) days' notice in writing. In such case, the City may enter upon said right-of-way without the ten (10) days' notice above referred to, and shall proceed forthwith to make such such repairs, and upon failure to do so within ten (10) days, the Railway Company shall have the right to make said repairs and collect the entire cost thereof from the City. The Railway Company reserves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emergency repairs if the City does not respond promptly to telephone notice (as per Section Three (3)) of the need for such emergency repairs, and to collect the cost thereof from the City as herein provided. -2- W I . It is understood by the City that said facility is subject to the dangers and hazards of the operation of the railroad of the Railway Company, and this Agreement is subject to all risks thereof. The City assumes and agrees to pay for loss or damage to all property whatsoever, and injury to or death of any person or person whomsoever, including all costs and expenses incident thereto, arising or resultinq from, and caused by, the construction, maintenance, repair, renewal, re- construction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the City, or its officers, agents, or employees to abide by or comply with any of the terms or conditions of this Agreement; and the City forever indemnifies the Railway Company againat and agrees to save it harmless from any and all claims, denands, lawsuits, or liability for any such loss, damage, injurv, i'.eath, cost and expense. The Railway Company agrees to nronptly notify the City of any such claim, demand, or lawsuit so as to allow the City to dafend against any such claim, demand, or lawsuit. B. The Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such i,ur- nose, in such manner, and at such time as it shall desire, the samo as if this instrument had not been executed by it. If any such use shall nece:,sitate any change in the location of said facility, or any tart thereof, such change shall be made by the City, at the expense of the City, upon demand of the Railway Company, and the said Railway Company shall not be liable to the City on account thereof, or on account of any damage crowing out of any use which the Railway Company may make of its said tracks, property an -i right -oft -way. 9. The Railway Company shall have the right at any time by giving One Hundred Twenty (120) days' notice in writing to the City to require the City at its expense to re -arrange or move this facility so as to conform to changes the Railway Com- pany may desire to :cake in its track grade, track location or line or any other changes Railway may desire to make in its property at this point. 10. The waiver of a breach of any of the terms and con- ditions hereof shall be limited to the acf of acts constituting such breach, and shall never be construed as being a continuing or permanent waiver o.f any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. 11. This License is personal to the City, and is not assiqnable or transferable, without the written consent of the Railway Company beinc first obtained. IN WIT1dESS W11i:REOP, this instrument is executed this �glsr day of /Q.,&cM , 1904. CEDAR RAPIDS D I CITY RAILWAY COMPI Hy= Q�� Preb sident ATTEST: Assistant Se a ry CXTYfPF IOWA CITY BY E A Ln • i ATTESTS Received & Approver! By The Lega( D_.partment 1 0 b q0 Seer/ON 2/ 7WWNSN/P 79 A/O?r# o?aNcr G f✓6✓r Ale-MIREPVENT T RCBE/IRCH C O ff P, Raw O M� O 1 v 0 b q0 Seer/ON 2/ 7WWNSN/P 79 A/O?r# o?aNcr G f✓6✓r Ale-MIREPVENT T RCBE/IRCH C O ff P, Raw O O � O EXV817 R " ROCK 1 SL RMO L/NCS .,ci/ao/S .O/I'N, md#rrzffH v B/! /e40.4 CITY - 70NNSOV Co, _ /CNq P/i0101p 6" 4/97ER G/NE - CROSS/NG rd, sEYrre T//E C/7y•. OF 11941 -Am r / r v I ANSLFS TO, TNf CFN/fRL/ro£ OF NFAR I TRACK. I SEAL MDT REQU/RED I SUBGRADE!ijollo /F CAS/NG ENDS ORO UNO /NE-"' b• c ABOVE CAOUND WoIjr M +. I /N. DRAMLAQE T A4ULABLE J' .SEAL -- ------ CAS/NG.... - - SEAL-' --------------- -- --- F---- (..-CARRIER PIPE I /•' SCOPE- PIPE (/NES UNDER TNESE SPECIFICATIONS E THOSE INSTALLED TO CARRY STEAM, WATER OR AHY NONFLAMMABLE SUBSTANCE WHICH FROM ITS NATURE OR PRESSURE M/CHT CAUSE DAMAGE ESCAPING ON OR /N 2' INSTALLATION; ITHE V/C/N/TY OFRAXROAD PROPERTY. o WATER PIPE LINES UNDERRAILR04D 7-RACKS,SERV/NG LINE THAT DO Nw NOT EXCEPRESSURE ED 2" /N DIAMETER w//L NOT REQUIRE ENCASEMENT DOMESTIC ALL PIPE SPEC/NES OF MORE THAN 2" /N O/AMETER WILL REQUIRE ENCASEMENT PIPE EXCEPT WHERE F/C /pEAUTHOR/TY /S OBTA/NEO FROM THE CHIEF ENG/NEER TO DEV/ATE FROM rNAS STANDARD. J CARR/ER So UNDER RAILR04D TRACK OR RICHT Of WAY SHALL Bt Of APPROVED L1pNSTAUCT/ON AND LAID E THAT NO JOINTS ARE DIRECTLY UNDER TRACK TIES. I.'CAPAB O AND JO/NTS MAY Be Of ANY APPROVED CONDUIT CONSTRUCT/ON AND SHALL BE CAPABLE OFW/TySTANDINC THE LOAD OFRA/LROAD ROADBED, TRACK AND TRAFFIC; ALSO SNAIL BE SO CONSTRUCTED AS TO PREVENT LEAKAGE OF ANY MATTEq FROM THE CAS/NC OR CONDUIT THROUGHOUT ITS LENGTH UNDER THE TRACK AND RA/[ROAD R/CHT OF WAY, EXCEPT AT TND IT OF THE CAS/NG OR CONDUIT WHERE THE ENDS ARE LEfT OPEN. CASING SHALL BE SO INSTALLED AS TO PREVENT THE FORMAT/ON OFA W.ITEq WAY 4y0ER THE RAILROAD, CASING SHALL IN TA14EL- AV EME D INS EVEN BEAR/NG THROUGHOUT ?J LENGTH AND SMALL SLOPE TO ONE END. S/DE/O/A/METER �R O� THE CASING SHALL SE AT LEAST P' GREATER THAN THE LARGEST OUT- S' SEALS- WHERE THE FAOX Inc V"� JOINTS OR COUP[ /NCS. WHERE THE +, INC c/vTRANCE OF PoRE/GN MATERML W/pCH MAY PREVENT 'u"No THEY READY REMOVTABLY PROTECTED LEVEL,THEY MAYBE LEFTCASING ARE AT 0.9 AaOSIEOPEN,PROV/DING DRA/NAGE /S" SURECE9 SOICMBA E tflGN WTFET THE AL Of CARR/fR PIPE. LEAKAGE W11 BE CONDUCTED AWAY FROM THE ROADBED AND STRUCTURES. SEALS NOT TO BE INSTALLED /N CAS/NG ON CARR/ER PIPES THAT CARRY SUBSTANCES UNDER PRESSURE a" DEPTH OF CASING- THE TOP OF THE CASING PIPE SHALL BE BELOW THE FgOST L /NE AND AT ITS CLOSEST PANT SHALL /WT BE LESS THAN AQ FEET BELOW BASE OFRAILROAOR 1/L, ON OTHER PORT/ONS OF THERA/LRa4D RIGHT OF WAY WHERE THE CAS/NG LS ART DIRECTLY BENEATH ANY TRACK THE DEPTH FROM THE S1/RFACE OF THE GROUND AND FROM THE BOTTOM (,� DITCHES TO THE TOP DF THE CAS/NG,SHALL NOT BE LESS THAN J FEET. WHERE IT /S SECURE THE ABOVE DEPTHS SPECIAL COWSTRUCTioN swami. o� „rte 7.•LENGTN-tieme eu... �.._!_._ _ M7TPRACT/CAL TO !: BE ej SHUT OFF VALVES- NNERE WARRANTED BYAS�tC L LOLL TO BY THE RAILRCIAD CO, AND ITIE OWAER OF THE PIPE L / VALVES SHALL BE /NSTALLEO WITHIN EFFECTNE pPTANCE APPROVAL OF PICANS- WHERE IT /S IMPRACTICABLE TO COMPLY w/TN THIS PLAN DEVIATION MUST BE APPROVED 9Y CHIEF ENGINEER. !'t S't % I" THERE OUTS/DE TRACK cemis ME DEPTH PLAN. IF ADDITIONAL TRACKS ARE CONST- SPOND/NG[Y EXTENDED. C017DVT/ONS,ANO WHEN AVrIIALLY AGREED IVE, ACCESS/BLE EMERGENCY SMIT OFF AT EACH SIDE Of THE CROSS/NG. EXHIBIT B ROCK ISLAND LINES PUN TO ACCOMPANY CONTRACTS FOR WDE'RGRADE PIPE LINE CROSS/NCS TO CARRY NONFLAMMABLE SUBSTANCES. ADOPTED: AUG AW54 '11w t-cyl RESOLUTION NO. 84-50 CEDAR RAPIDSUANDRIOWAGCITYCRAI�WAYFCOMAPNYEREGARDINGHTHEE ✓ INSTALLATION, MAINTENANCE, OPERATION, ETC. OF A WATER PIPE LOCATED UPON RAILROAD PROPERTY WHEREAS, the City of Iowa City, Iowa, has negotiated at a reement with Cedar Rapids and Iowa City Railway Co., a copy of said agreement- being attached to this Resolution ind by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Cedar Rapids and Iowa City Railway Co (CRANDIC) which licenses the City of Iowa City to install, maintain operate and renew an 8 -inch water line located non -the non-theproperty of the CRANDIC near Thomas & Betts Corporation. 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 and Iowa City Railway Co. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Zuber and seconded by Ambrisco 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 13th day of March LZ A MAYOR ATTEST: � � CITY CLERK ME tha t . "qS CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called "Railway Company"), hereby licenses THE CITY OF IOWA CITY (hereinafter called "City") to install, maintain, operate and renew an 8" water pipe (hereinafter called "facility") upon the property of the Railway Company at the following location: At Mile Post 1 plus 3786 feet, Engineers' Profile Station 62+42, Section 21, Township 7`J North, Range 6 West, Johnson County, Iowa (Montezuma Branch). A more particular description of the location of said pipe line is made on the print hereto attached, marked "Exhibit A" and hereby made a part of this Agreement. Said water pipe shall be constructed of cast iron Class 150 where it passes underneath the tracks of Railway Company and across Railway Company's right-of-way. It shall be not more than eight (8) inches in diameter, inside measurement, and shall be encased in 12" steel (W.T. 0.25") under Railway Company's tracks and for a distance of twenty-five (25) feet each side of track measured at right angles thereto. Said pipe shall be laid at a uniform grade entirely across the right-of-way of Railway Company, and the top of the pipe line shall be not less than 4.5 feet below the base of rail of said tracks, nor at any point at a sufficiently shallow depth to be affected by frost, as provided in drawing attached hereto, marked "Exhibit B" and made a part of this Agreement. The foregoing License is given such express terms and conditions as are inserted below, as well as those contained upon the attachments hereto, and should the City at any time violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Railway Company may, at its option, immediately revoke this License. The foregoing License is subject to the following con- ditions: 1. The said facility shall be used for the purpose of conveying water. 2. The City is to have and to hold the same from Jan- uary 1, 1984 to January 1, 1987, and thereafter until either party shall give the other party One hundred eighty (180) days' written notice of its desire to terminate this lease; and until so terminated, all conditions of this agreement shall remain in full force and effect. Acceptance of rent in advance by the Company shall not act as a waiver of the right to terminate this agreement. -1- 7?z l(0G /66 L --V 3. Any written notice given by either party to the other party shall be deemed to be properly served if the same be delivered to such other party, or if mailed, postpaid, addressed to such other party at such other party's last known place of business. In case of an emergency, notice shall be given by telephone as follows: If to the Railway Company, by calling the Superintendent, 12th floor, ie: Tower, at 319/398-4448 or Dispatcher, Rockford Road, S.W., Cedar Rapids at 319/398- 4645: If to the City, by calling the Water Department at 319/356-5166 or the Police Department at 319/356-5275. Each party shall notify the other party in writing of any change in address or telephone number. 4. The City shall pay to the Company at its office in the City of Cedar Rapids, Iowa, a rental of One Hundred Dollars ($100.00) per annum, payable annually in advance, beginning on January 1, 1984. 5. The City shall bear the cost of all protection which the Railway Company may require for its tracks or property during construction and/or maintenance hereby auth- orized and of all repairs, changes, additions or betterments to said Railway Company's tracks or property made necessary on account of same. If, in the judgment of the Railway Company, it shall be necessary to provide support for its tracks during the work of construction or maintenance, the Railway Company will provide such support, and the entire cost thereof will be paid by the City promptly upon receipt of bill therefor. 6. The City will give to the Superintendent of the Railway Company at least ten (10) days'notice in writing before entering upon the right-of-way of the Railway Company for repairs unless an emergency exists. During an emergency, the City shall have the right to make emergency repairs with- out prior written notice to the Railway Company, but the City shall notify the Railway Company of such work as per Section Three (3). The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the City to make such repairs upon ten (10) days' notice in writing. In such case, the City may enter upon said right- of-way without the ten (10) days' notice above referred to, and shall proceed forthwith to make such repairs,.and upon failure to do so within ten (10) days, the Railway Company shall have the right to make said repairs and collect the entire cost thereof from the City. The Railway Company re- serves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emergency repairs if the City does not respond promptly to telephone notice (as per Section Three (3)) of the need for such emergency repairs, and to collect the cost thereof from the City as herein provided. 7. It is understood by the City that said facility is subject to the dangers and hazards of the operation of the railroad of the Railway Company, and this Agreement is subject -2- 1G 7 -11ITrITMM to all risks thereof. The City assumes and agrees to pay for loss or damage to all property whatsoever, and injury to or death of any person or persons whatsoever, including all coats and expenses incident thereto, arising or resulting from and caused by the construction, maintenance, repair, renewal, re- construction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the City, or its officers, agents, or employees to abide by or comply with any of t3:e terms or conditions of this Agreements and the City forever indemnifies the Railway Company against and agrees to save it harmless from any and all claims, demands, lawsuits, or liability for any such loss, damage, injury, death, cost and expense. The Railway Company agrees to promptly notify the City of any such claim, demand, or lawsuit so as to allow the City to defend against any such claim, demand or lawsuit. 8. The Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it, If any such use shall necessitate any change in the location of said facility, or any part thereof, such change shall be made by the City, at the expense of the City, upon demand of the Railway Company, and the said Railway Company shall not be liable to the City on account thereof, or on account of any damage growing out of any use which the Rail- way Company may make of its said tracks, property and right- of-way. 9. The Railway Company shall have the right at any time by giving ono Hundred twenty (120) days' notice in writing to the City to require the City at its expense to re -arrange or move this facility ao as to conform to changes the Railway Company may desire to make in its track grade, track location or line or any other changes Railway may desire to make in its property at this point. 10. The waiver of a breach of any of the terms and con- ditions hereof shall be limited to the act or acts constituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect, as to future acts or happenings, notwithstanding any such waiver. 11. This License is personal to said City and is not assignable or transferable, without the written consent of the Railway Comoany being first obtained. IN WITNESS WHEREOF, this .instrument is executed this �Isr day of _ �jNRGH___ r 1984. CEDAR RAPIDS,,&DITY RAILWAY COMPANY President ATTTESTi GZI Assistant Secr ry The undersigned, the License, hereby accepts the condition114AW. f -stated. pproved 1!y V" l.a,cdal Dcpar►ment ATTEST: City mentioned in the foregoing same, subject to the terms and 4 r. i CXly OF IOWA C,Z Ilion • CSr�/ : ��'.7_i' 'XVW NANO V-200 AAP /%4 ---#w sr/1a pc o1 9.l ilrcy j IV/nyr a'3sSi� �y�N/?/ �i2f'ododp� b'MD/ - •p.7 f1�OSIYyO/`-/(1ii f1M0/ i�N:'a'9 �tarvfi/ Noisiiliv s'.o/r/77i ,ss.z v ,oi;,o 4 W 1O I er . t dIT.�TZ�P9►H !J f££T fRON. F Alm" TO, TN£ 1 TRACK. 1 9 ,v na-- AT RIGHT-~ IF Of h£AR I SEAL NOT REQUIRED IF CASING ENOS ABOVE GROUND WHERE ORAINAGE ASAVAILABLE -GENERAL INSTRUCT/ONS - I: SCOPE- PIPE LINES UNDER THESE SPECIf/CATIONS ARE THOSE INSTALLED TO CARRY STEAM? WATER OR ANY NONFLAMMABLE SUBSTANCE WHICH FRO'II ITS NATURE OR PRESSURE MIGHT CAUSE DAMAGE /F ESCAPING ON OR IN THE VICINITY OFAA&-ROAD PROPERTY. 2: INSTALLATION: LOW PRESSURE WATER PIPE LINES UNDERRAXROAD TRACK S,SER VINC DOMES71C USERS. THAT DO NOT EXCEED 2" /N DIAMETER WILL NOT REQUIRE £NCAS£rIENT. ALL PIPE LINES OFMORE THAN 2"I1V DIAMETER WILL REQUIRE ENCASEMENT PIPE EXCEPT WHERE SPECIFIC AUTHORITY IS OBTAINEDFRO.V THE CHIEF ENGI.'/c-ER TO DEVIATE FPO.%1 Tali i.'.'17:.?D. S: CARRIER PIPE UNDER RA/LROAD TRACK OR RICHT OF 17AY SHALL EE Of APPROVED COI/; -77 .. /ON AND LA/0 SO THAT NO JOINTS ARE DIRECTLY UNDER TRACK TIES, PIPE AND JOINT$ CAPABLE OFWITHSTANDING ATHE LOAD OFRA/RROAD ROAD^ED CTTRACK RAND 0�7RAFF/CtALSCBSHALL BE $O CONSTRUCTED AS TO PREVENT LEA.YAGE OFANY I.IATTF'R FRO.H THE CASING OR CO:.'DUI; THROUGHOUT ITS LENGTH UNDER THE TRACK AND RAILROAD RIGHT OF A:4Y. EXCEPT AT r:-._ tNJ. OF THE CASING OR CONDUIT IyHERE THE ENDS ARE LEFT OPEN. CASING SI/ACL sE SO ,!/STA:,_ D AS TO PREVENT THE FORMATION OFA VIATER WAY UND.R THE RAILROAD,CASIr:.', SH4LL EE INSTAL[ ED WITH EVEN BEARING THROUGHOUT ITS LENGTHAI/D SHALL SLOPE TO ONE THE INSIDE DIAMETER OF THE CASING SHALL BE AT LEAST 2' GREATER TH::/ THE LARGEST OUT- SIDE DIAMETER OF CARRIER PIPE JOINTS OR COUPLINGS. 5: SEALS -WHERE THE ENDS OF THE CASING AREBELO:y GROUND THEY SHALL EE SUIT.!BLY P.?OTECTED AGAbYST THE ENTRANCE OF FOREIGN A/ATERIAL ►%hVCH AIRY PREVENT P, EADY REAIO�:L CF CA.T7'ER Pips W'"' RE THE ENDS CF THE CASING ARE AT OR ABOVE CROVND SURFACE.AA'D AB, -IE HIGH LEVEL ,THEY AfAY BE LEFT OPEN. PROV/O/.'/G ORA/NAGE /S i.FN'0.405J /,Y SUCH A IfATI;::.4 THAT LEs!KAGE WILL BE CONDUCTED A)2AY FROM THE ROADBZD AND STR'✓CTURES. SEALS I/OT TO -9 INSTALLED /N CASING ON CARRIER PIPES THAT CARRY SUBSTANCES UNDER PRESSURE. 6: D-PT.'f OF CASING- THE :OP G.r THE CASING PIPE SHALL DE BELO:Y THE FROST L INE AND AT ITS CLOSEST POINT SHALL NOT BE LESS THAN O!$ FEET SrLO:% BASE OfRAILRa4D.4A/L. ON 0Tr1ER PORTIONS OF THERAILRO,4D RICHT OF WAY WHERE THE CASING IS NOT D/RECTLY BENEATH ANY YM4CX THE DEPTH FROA/ THE SURFACE OF THE GROUP/0 ANO .FROef THE BOTTO.'.l O.^ 9/TCHES TO THE TOP OF THE CASING,SHALL NOT BE LESS THIN J FEET. WHERE IT IS A'OT PRACTICAL TO SZtWRf THE ABOVE DEPTHS, SPECIAL CONSTRUCT/ON SHALL Be USED. T LENGTH- CASING SHALL EXTEND EACH SIDE fRO.'A THE CENTER LINE OF THE OUTSIDE TRACK MEASURED AT R/GYTANGLES A AI/1/IM✓'A D/STANCE OF /2'tS'trSO(J,7(ERE D'EpUALS THE DEPTH OF THE BOTTO.N OF THE CAS/NG BELOW SUSCRA05) SEE PLAN. IF ADDITIONAL TRAC,-(S ARE CONST- RUCTED IN THE FUTURE, THE CAS/NG SHALL B. CORRESPONDINGLY EXTENDED. 6: SHUT orf YALVES- WHERE WARRANTED BY SPECIAL LOCAL CONDITIOYS,ANO WHEN A/UTUALLY AGREED TO BY THE RA/LROADCO. AND THE O:YNER OF THE PIPE L1N£, ACCESS/BLE EMERGENCY Sh'UT OFF YALVES SHALL BE INSTALLED WITHIN EffECT/VE DISTANCE AT EACH S/DE OF THE CROSSING. 9: APPROYAL OF PLAIIS- WHERE /T /S /.!PRACTICABLE TO COMPLY WITH EXK/B/T B THIS PLAN DEVIAT/ON AfUST BE AA-*OVFD hY CHIEF EPIr.INEER. ROCK ISLAND LINES PLAN TO ACCOMPANY CONTRACTS FOR UNDERGRADE PIPE LINE CROSS/NGS TO CARRY NONFLAAMABLE SUBSTANCES. ADOPTED, AUG 10,1954 RESOLUTION NO. 84-51 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION, PARTS 4-7, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Southgate Development Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Pepperwood Addition, Parts 4-7; 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; and WHEREAS, the preliminary 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 plat is found to conform with all of the require- ments of the city ordinances of the City of Iowa City, Iowa; and WHEREAS, a preliminary Planned Area Development (PAD) plan was previously approved by Resolution 79-191 in May of 1979 for the same geographic area and said plan is no longer needed for approval of the preliminary plat of Pepperwood Addition, Parts 4-7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Pepperwood Addition, Parts 4-7, is hereby approved. 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 plat after passage and approval by law. 3. That the preliminary Planned Area Development (PAD) plan, approved by Resolution No. 79-191 on May 8, 1979, is hereby repealed. 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. 84-S1 Page 2 Passed and approved this 13th day of March 1984. _ -_`� App' -"ed Roca beC �in>t By us 3 J 3 X I -7a RESOLUTION NO. 84-52 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE WILLOW CREEK NEIGHBORHOOD CENTER, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PURCHASE OF A HANDICAPPED 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 of Iowa City wishes to utilize such funds to assist the Willow Creek Neighborhood Center, Inc. in the purchase of a handicapped passenger van for the transportation of users of the Willow Creek Neighborhood Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF I014A CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Willow Creek Neighborhood Center, Inc., to purchase a handicapped 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 a op e , and upon roll ca er11 re were: Passed a ATTEST: AYES: NAYS: ABSENT: X Ambrisco X Baker �— Dickson X Erdahl McDonald X Strait X Zuber 34. 173 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE WILLOW CREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF A HANDICAPPED PASSENGER VAN THIS AGREEMENT, entered into this 13th day of March , 1984, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Willow Creek Neighborhood Center, Inc. (herein referred to as the "WCNC"); and WHEREAS, the City is the recipient of 1984 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 WCNC in the purchase of a handicapped passenger van. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART I I. PURPOSE AND SCOPE OF SERVICES: A. WCNC shall purchase a passenger van with a wheelchair lift for handicapped persons. B. The City shall provide technical assistance regarding 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 receipt, said van shall be used for the transportation of users of the Willow Creek Neighborhood Center for recreational, educational and medical purposes. The van shall also be used to assist the handicapped, senior citizens and disadvantaged persons in carrying out essential daily living activities such as banking and grocery shopping. II. TIME OF PERFORMANCE: WCNC will perform according to the following schedule, Program Element Deadline Bid Opening 3-9-84 Notification of Successful Bidder 3-16-84 Delivery of Van 6-15-84 Van in Operation 6-30-84 This schedule is subject to change by mutual agreement of both parties, in writing. ?y -2 - III. COMPENSATION AND METHOD OF PAYMENT: The City will pay and WCNC agrees to accept in full the amount of fifteen thousand dollars ($15,000) or the purchase price of said van, whichever amount is less, for performance under this agreement, as follows: 1. Full payment will be made upon presentation to the City by WCNC of a properly executed contract for purchase of a handicapped passenger van. 2. The total of the above payment will not exceed $15,000. IV. TERMS AND CONDITIONS: A. The City will assume no responsibility or liability for the maintenance and operation of the WCNC van. B. WCNC shall, at its own expense, procure and maintain during the period of this agreement comprehensive and collision insurance for the WCNC van and, at a minimum, liability insurance for bodily injury or death as a result of any one accident for more than one person in the amount of $150,000; insurance for property damage (other than that to the WCNC van) as a result of any one accident in the amount of $10,000, 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. In the event that WCNC elects to sell or otherwise transfer legal or equitable interest in the van or discontinue the WCNC program, prior to June 30, 1989, WCNC will transfer legal title of the WCNC van to the City or will pay to the City a prorated share of the total CDBG funds allocated to this project. The prorated share shall be determined by using the depreciated value of the WCNC van as listed in the then current NADA Official Used Car Guide. D. Except as provided herein, the terms of this agreement shall be from the date of execution through June 30, 1989. E. This agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. PART II I. PERFORMANCE AND REPORTING: A. WCNC will provide transportation for users of the WCNC as specified in PART I, PURPOSE AND SCOPE OF SERVICES, Section C, until June 30, 1989, in a manner satisfactory to the City. B. WCNC will direct all correspondence concerning this agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator. C. WCNC will submit quarterly reports by the 20th day of February, May, August and November of each contract year. In addition, an audited annual report will be submitted by January of each contract year. No reporting requirements shall extend beyond June 30, 1989. Quarterly reports will include, at a minimum, statistics pertaining to the number of trips and number of persons transported in the van, as well as number of handicapped persons transported. 1-7-5- -3- 0. Not later than July 1, 1984, WCNC will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. WCNC will 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. B. 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 WCNC'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. C. WCNC will 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. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-102 and OMB Circular A-122 (Cost Principals for Non-profit Organizations) shall apply to the use of funds disbursed under this agreement. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the use of the WCNC van on the basis of age, race, color, national origin, sex, marital status, sexual orientation or disability. All prospective beneficiaries must, however, be users of the WCNC. V. EQUAL EMPLOYMENT OPPORTUNITY: WCNC 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, WCNC will ensure that all contracts under this agreement contain an appropriate equal employment opportunity statement. VI. TERMINATION OF AGREEMENT FOR CAUSE: If WCNC fails to fulfill its obligations under this agreement in a timely and proper manner or if WCNC 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 WCNC specifying the default, or defaults, and stating that this agreement will be terminated thirty days after the giving of such notice unless such default, or defaults, are remedied within such grace period. In the event of such termination, WCNC shall repay to the City the full amount of CDBG funds allocated to this project, or, at the option of the City, transfer legal title to the WCNC van to the City. -4 - 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 agreement pertains shall have any private interest, direct or indirect, in this agreement. VIII. INTEREST OF WCNC: WCNC covenants that it personally has no interest and shall not acquire any inter- est, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this agreement. WCNC further covenants that in the performance of this agreement no person having such an interest shall be employed by WCNC. X. ASSIGNABILITY: WCNC shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. XI. HOLD HARMLESS PROVISION: WCNC shall indemnify and hold harmless the City, it 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. IN WITNESS WHEREOF the parties hereto have executed this agreement on this 13th day of March 1984. By: Att CITY OF IOWA CITY Racelved & Approved By The Legal Department -�8 1h is+ WILLOW CREEK NEIGHBORHOOD CENTE INC. By: Attest: -7-7 RESOLUTION NO. 84-53 RESOLUTION NAMING A STREET WHEREAS, the Highway #1, South relocation project created a frontage road along Highway #1 from Sunset Street to Willow Creek Drive, and WHEREAS, it is recommended that this frontage road be named Willow Creek Court, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said frontage road be named Willow Creek Court. 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 x Dickson x Erdahl X McDonald X Strait X Zuber Passed and approved this 13th day of March 1984. ,ll MAYOR ATTEST:�i CITY CLERK Received & Approved rhe +LegalDepartment ���4 r RESOLUTION NO. 84-S4 RESOLUTION AUTHORIZIING EXECUTION OF AN IAGREEMENTCE FORHTHESCAMPSCARDINAE INC., BRIDGENRELOCATIONEPROJECT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with_ MMS Consultants, Inc. , 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 with MMS Consultants. Inc of Iowa City, Iowa for inspection services for the Camp Cardinal Road Bridge Relocation 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 MMS Consultants, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Dickson and seconded by _ Zuber the resolution as read be adapted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X _ Baker X._ Dickson X Erdahl X McDonald X — _ Strait X Zuber tha t Passed and approved this 13th day of March 19 84 v L!/ 0/� � MAYOR ATTEST: z CITY CLERK et;•; :.�v .: AGREEMENT This Agreement, made and entered into this 13thday of March 1 1984, by and between the City of Iowa City, a municipal corporation, herein- after referred to as the City and MMS CONSULTANTS, INC., of Iowa City, Iowa, hereinafter referred to as the Consultant. Now, therefore it is hereby agreed by and between the City and the Con- sultant, that the Consultant will 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, to wit: The Consultant 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 preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. I. SCOPE OF SERVICES The Consultant is to provide full-time project inspection, surveying and testing services for the Camp Cardinal Road Bridge Relocation Project, hereinafter referred to as the Project. Full Time Project Representation The Consultant shall provide technical observation of the construction on a full-time basis whenever there is activity at the Project site. Through on-site observations of the work in progress and field checks of the materials by the Consultant or his staff, the Consultant shall pro- vide protection for the City against defects and deficiencies in the ex- ecution of the Project by the Contractor(s). The Consultant shall keep and maintain all Project notes, records, forms and daily logs required by the Iowa Department of Transportation - Highway Division in conjunction with projects funded in part with Federal monies. Copies of all project notes, forms and daily logs shall be sub- mitted to the City on a weekly basis. It is understood that the City will conduct any and all wage surveys required when Federal funds are used on the Project. Surveying The Consultant shall provide the initial Project field stake out of construction and all subsequent staking as construction progresses. It is further understood that if, in the opinion of the Consultant, any of the survey stakes or marks have been carelessly or willfully destroyed or dis- turbed by the Contractor, the cost of replacing them will be charge to the Contractor. Testing The Consultant shall provide field testing for embankment construction, cast -in-place concrete, and inspection at the concrete plant whenever con- crete is being batched for the Project. 194 -2 - Testing (cont.) The frequency and amount of testing for cast -in-place concrete for the Project shall be as prescribed by the Iowa Department of Transportation - Highway Division Construction Manual. The amount of soil testing to be done during construction of the embankment shall be as prescribed by the Iowa Department of Transpor- tation - Highway Division Construction Manual and as determined by the Consultant. In general, enough testing will be conducted so that the Consultant can determine that the construction work is complying with the compaction requirements of the specifications. The actual number of tests will vary depending upon weather conditions, soil conditions, and other factors. Special consideration for testing shall be given to the more critical areas including preparation of the existing sur- faces to receive fill, compaction of materials at bridge abutments, and compaction of materials around pipes. Uniform compaction of mate- rial throughout the embankment is also of importance to minimize future settlement. The project engineer or a qualified inspector working under the engineer's supervision will be on site during placement of all fill. Sufficient compaction tests will be made on each lift to insure that the work is complying with the compaction requirements of the speci- fications. Additional tests will be made in critical areas or where visual observation by the project inspector indicates areas of ques- tionable compaction results. II. 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 the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Con- sultant. 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. Records of the Consultant's Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agree- ment. 4. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County Law or any of the Ordin- ances of the City of Iowa City, Iowa. 5• 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. 6. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. fW -3- 7. 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. 8. 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 assistance as may be required to meet the requirements of this Agreement. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of 1.00 multiplier times the amount billed. 9• C.M. Stephan, of the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement and as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to said person so that he may respond. 10. The Consultant agrees to furnish, upon termination of this Agreement and demand by the City, copies of all basic notes and sketches, charts, computations, and any other data pre- pared or obtained by the Consultant pursuant to this agree- ment without cost, without restriction or limitations as to the use relative to this Project. 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 in- structions, receive 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 site of the Project including pre- vious reports and any other data relative to design and construc- tion 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• Examine all studies, reports, sketches, estimates, specifications, 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 Contractor's employees and review all Contractor's payroll documents as may be required for this Project. f91) -4 - IV. TIME OF PERFORMANCE The Consultant shall provide services on a time schedule so that the Contractor's work will not be delayed. Services shall begin with the pre -construction conference, con- tinue through the construction period to the Consultants statement of substantial completion to the City, and shall end with the final audit by the Iowa Department of Transportation - Highway Division of all records and notes compiled throughout the Project. V. COMPENSATION FOR SERVICES The City agrees to pay the Consultant for services as stated in this Agreement on the basis of the standard billing rate, including outside expenses. The Agreement fee including the total Project inspection, surveying services, testing, and outside expenses shall not exceed $35,300.00. The billing rate schedule attached shall be designated Exhibit "A". The City agrees to reimburse the Consultant for outside expenses at cost. The Consultant shall furnish proof of all outside expenses upon request. 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. The City shall make prompt monthly payments in response to the Consultants monthly statements. 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 consideration 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 CITY: MMS COPS,ULTANTS, INC. ATTEST: ATTEST: Received & Approves; By The Legal De ariment 183 EXHIBIT "A" MMS CONSULTANTS, INC. Rates Effective November 1, 1983 WORK CODE _Description Amount/Hour 11 Professional Engineer I .......... $42.00/Hr. 12 Professional Engineer II ......... $39.00/Hr. 13 Project Engineer .............. $32.00/Hr. 21 Landscape Architect 1 .......... $42.00/Hr. 22 Landscape Architect 11 ......... $35.00/Hr. 31 Land Surveyor 1 ............. $42.00/Hr. 32 Land Surveyor 11 ............. $35.00/Hr. 41 Engineering Technician I ........ $30.00/Hr. 42 Engineering Technician 11 ........ $24.00/Hr. 43 Engineering Technician III ....... $21.00/Hr. 44 Engineering Technician IV ....... $19.00/Hr. 61 2 -Man Survey Crew ........... $40.00/Hr. 62 3 -Man Survey Crew ........... $57.00/Hr. 71 2 -Man Const. Crew ........... $50.00/Hr. 72 3 -Man Const. Crew ........... $72.00/Hr. 91 Electronic Distance Meter ....... $15.00/Hr. Iqy RESOLUTION NO. 84-55 RESOLUTION ESTABLISHING FEES FOR CITY PLAZA USE PERMITS WHEREAS, the City Council of Iowa City, Iowa, did on April 27, 1982, adopt Ordinance No. 82-3058 which governs the use of City Plaza; and WHEREAS, Section 12 of said ordinance provides for the permit fees for the use of the City Plaza to be established by Resolution; and WHEREAS, this Resolution will supercede Resolution 82-138 which established fees for City Plaza permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following fee schedule is established for permits issued for the use of City Plaza: 1. Motor Vehicle Permits a. Continuing No charge b. Temporary No charge 2. Mobile Vending Cart $300 annually 3. Ambulatory Vending $100 per year 4. Sales for vending - temporary or occasional $10 per day S. Cultural or Entertainment exhibits or events No charge where no sales occur 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 13th day of March 1984. WYO` �G ATTEST: CITY CLERK Meehred S Approved By The Legal Department lit _r RESOLUTION NO. 84-56 RESOLUTION AMENDING THE AUTHORIZED PERMANENT POSITIONS IN THE TRANSIT DEPARTMENT. WHEREAS, Resolution No. 83-73 adopted by the City Council on March 29, 1983, establishing an operating budget for FY84 authorizes all permanent positions, and WHEREAS, the current operations workload of the Transit Department may be performed more efficiently through reassignment of job duties to provide additional staff supervision, and WHEREAS, the amendment to the authorized permanent positions will not require additional funding in the FY84 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel be amended as follows: The deletion of: 1. One Assistant Transit Manager position, Administrative Grade 51. 2. One Transit Operations Assistant position, AFSCME Grade 9. The addition of: 1. One AM Transit Operations Assistant position, Administrative Grade 50. 2. One PM Transit Operations Assistant position, Administrative Grade 50. 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 Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 13th day of March , 1984. vnp ATTEST: CITY CLERK Recelved i, Approved B h© Legal E)pa'imenl 3 p�� RESOLUTION NO. 84-57 RESOLUTION ADOPTING SUPPLEMENT NUMBER 19 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 19th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 19 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 19 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 adopt- 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 ATTEST: 1Z ga"'eLg_ � `7CnaA CITE CL RK day of maych 1984 . 17 OR Rye3ivcd & A.pproved '..r it';r? iie;•arhsen�T 187 0;) RESOLUTION NO. 84-58 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 Chief has made every effort to locate the owners of these bicycles and has been unsuccessful in his 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. 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 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 2h7th day of March 1984. ATTEST: -)I4.10 *. :: � 4 c*� City Clerk yor Reeeh%d & Appeveo By The Legal Departmat RESOLUTION NO. 84-59 RESOLUTION ESTABLISHING AN URBAN ENVIRONMENT AD HOC COMMITTEE WHEREAS, the City Council of Iowa City appreciates the many natural and historic features of Iowa City and is concerned that the amenities of Iowa City be preserved for the future enjoyment of Iowa City's people; and WHEREAS, the preservation of these features and amenities will require a positive effort on the part of the City Council. BE IT RESOLVED, that the City Council hoc committee to be known as the Urban charged with the following duties: of Iowa City hereby establishes an ad Environment Committee, which shall be 1. To recommend to the Council a policy for protecting fragile areas and historic sites, and any other policies relating to the urban environment which the Committee shall deem appropriate. 2. To promote wider responsibility for protecting natural and historic amenities. 3. To increase public awareness of the historic and natural features of our landscape. 4. To refer to and assist, as necessary, the Planning and Zoning Commission or any other appropriate Board or Commission in developing appropriate standards for protecting fragile areas, for the review of subdivision plans as they relate to the concerns of the Committee, and for the implementation of any other policies recommended by this Committee and approved by the City Council. 5. This ten 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 Com- mission, a citizen representative of environmental interests, a citizen representative of development interests, a member of the Design Review Committee, and one non-voting member representing the Chamber of Commerce Environmental Committee. 6. The City Manager and City Attorney shall provide and assign such adminis- trative and legal support as the City Council may authorize for the Urban Environment Committee. 7. The report of the Urban Environment Committee shall be presented to the City Council on or before January 1, 1985 and the Committee shall be terminated on July 1, 1985. 190 Resolution No. 8 '1 Page 2 It was moved by Baker and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 27th M/ (919 .. ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of March , 1984. V#--- . 3 z7 $f I On RESOLUTION NO. 84-60 RESOLUTION AUTHORIZING EXECUTION OF A STATE GRANT AGREEMENT FOR SEWER TREATMENT WORKS PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Council has authorized the study phase of the sewage treatment works project known as project number C190830 01 and all contracts and agreements necessary thereto. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Council accepts the offer of a State grant of 5 percent of the actual eligible cost of the Step 1 project known as project number C190830 01 under the terms specified in the Grant Agreement and that John McDonald, Mayor, and Neal G. Berlin, City Manager, are hereby authorized and directed to execute the Grant Agreement and affix the seal of the City thereto on behalf of the City and that John McDonald is authorized and directed to sign and date the documents required by the Comptroller of Iowa for payment of the grant amount by the State. It was moved by Erdahl and seconded by Strait the Resolution ue adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson �— Erdahl X McDonald X Strait X Zuber Passed and approved this 27th day of March , 1984. ATTEST: CITY CLERK The undersigned duly qualified and acting City Clerk of the City of Iowa City, Iowa, does hereby certify: That the above Resolution is a true and correct copy of the Resolution accepting the Grant Agreement regularly adopted at a legally convened meeting of the City Council of the City of Iowa City, Iowa, duly held on the 27th day of March , 19 84 ; and further that the resolution has been ffuTTy recorde in a ournal oTTroceedings and Records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of March , 19 84. rum ,J th Ci `eTrToi• a Lityor (seal) dz& , Iowa ff awha 8pndvea! RESOLUTION NO. 84-61 RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTURCTION OF THE CAMP CARDINAL ROAD BRIDGE RELOCATION PROJECT (BROS-52IC(1)--8J-52). WHEREAS, Center Grove Construction Corp. and Center Cove Land Co. of Dub1que, has submitted the best bid of $._33 3 03.02 for the construction of the above-named project. IOWA: NOW, THEREFORE, BE IT RESOLVED 8Y THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Center Grove Construction Corp_and Center Grove Land Co. ofD_ubuquc subject to the condition that ewardee secure adequa to 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 concurrence. It was moved by Ambrisco __ and seconded by Erdahl _ that the resolution as read be adopted, aid_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 March Ig 84 ATTEST: �I kr�2JTY C� J ` C LERK d A Appy By Tb Segal Dep rfrrent r IRS RESOLUTION NO. 84-62 RESOLUTION ESTABLISHING CONSULTANT SELECTION PROCEDURES. WHEREAS, the City finds it necessary to retain consultants to provide various engineering, architectural and other professional services; and WHEREAS, it is in the best interest of the City to establish fair, reasonable and orderly procedures for selecting professional consultants of demonstrated competence at fair and reasonable rates of compensation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the attached Consultant Selection Procedures hereby are adopted. 2. That the City Clerk shall furnish said procedures to any citizen requesting same. 3. That the subject procedures are effective immediately, except for projects or programs for which proposals have been received before the date of this resolution. It was moved by Zuber and seconded by Baker the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO �— BAKER X DICKSON X ERDAHL �— MCDONALD X STRAIT X ZUBER Passed and approved this 27th day of March 1984. AYOR ATTEST: CITY CLERK 192 City of Iowa City Consultant Selection Procedures A. Purpose. These consultant selection procedures guide all City departments involved in procuring engineering, architectural, and other professional services. The intent of these procedures is to ensure that the most qualified firm is selected, taking into account cost of services and available funding, and that an equitable distribution of work among qualified firms is balanced with the need for continuity in long-term projects or programs. B. Local Preference. When two or more consultants are equally qualified, preference will be given to local firms; i.e., a principal office in Johnson County. C. Evaluation Criteria The Purchasing Division of the Finance .Department will provide assistance in the development of evaluation criteria and a rating system. D. Informal Process (fee of $10,000 or less) 1. Develop a written general description of consultant services required, including a definition of the problem to be addressed, the criteria for evaluation and the basis for award. 2. Contact firms for a written proposal which will include a not to exceed cost, a description of the services to be rendered, and a date of completion of services. Such proposal is to be based upon the general description of consultant services prepared by the City. 3. A list of firms contacted shall be maintained and if fewer than three proposals are solicited, the reasons for this decision shall be documented. 4. Authorize the selected firm to proceed with the work after acceptance of the proposal by the City Manager. 5. Upon completion of the project, the responsible City staff shall prepare a brief assessment of the consultants' work,_to include both positive and negative characteristics, if appropriate, for the selec- tion process file for future reference. E. Formal Process (fee of more than $10,000) 1. Develop a written description of consultant services required (request for proposal, RFP). Include a definition of the problem to be ad- dressed, a description of the application procedures, the evaluation process, written evaluation criteria and the rating system for the criteria. The rating system should be described but not included in the RFP so that the consultant is precluded from slanting the proposal based on the rating schedule. 2. Provide the RFP to a sufficient number of firms to ensure that at least three qualified firms are interviewed. 3. If the project is Federally funded, ensure that all Federal require- ments are met, including publication. 4. Require consultants to submit written proposals by a specific date and time. Each proposal shall include: (a) description of services to be rendered; (b) date of completion of services; (c) estimate of total cost of services; (d) professional experience of employees; (e) identification of employees_who will be involved in the project; (f) demonstration of experience, design, and technical competence of the firm; and (g) capacity and capability of the firm to perform the work, including any specialized services, within the time limitations; (h) list of previous clients for whom similar work has been performed; (i) sub -contractors, if any; and (j) nature of any previous work relation- ships with sub -contractors. 5. A copy of all proposals received will be filed with the City Clerk. 6. Based on the written evaluation criteria and rating system, staff will review all proposals received in order to determine a field of final candidates or may interview all candidates. 7. Staff will conduct personal interviews of all firms included in the field of final candidates. Staff will judge the performance of those firms interviewed based on the written evaluation criteria and rating system. S. After rating those firms interviewed, staff will ask one or more of the firms interviewed to submit a final not -to -exceed cost and will negotiate a fee. 9. Upon completion of the project for which the consultant is retained, the responsible City staff shall prepare a brief assessment of the consultant's work, to include both positive and negative characteris- tics, if. appropriate, for the selection process file for future reference. F. Variations in Selection Process When it is deemed that persons other than staff, such as community repre- sentatives with special expertise and/or City Council members, could contribute to the selection process, the procedures may be modified to include_participants other than staff in any part or all of the selection process. 3 G. Approval Process 1. When the consultant fee is less than $25,000, the staff will recommend the selected consultant to the City Manager for final approval. 2. When the consultant fee is $25,000 or more, the City Manager will recommend the selected consultant to the City Council for final approval. Approved by City Council April 3, 1984 l9� PART 2 Council Member Erdahl introduced the following Resolution and moved its adoption. Council Member Strait seconded the motion to adopt. The roll was called and the vote was, AYES: McDonald, Ambrisco Baker, Dickson Erdahl, Strait, Zuber NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 84-63 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 Highway 1/Interstate 80 Sewage Pumping Facilities 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 Shive-Hattery & Associates, Engineers, for the project, for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities 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. -9- AHLERS. COONEY. DORWEILER. HAYNIE Q SMITH. LAWYERS. DES MOINES, IOWA 147 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 having general cir.culation in this City. Publication shall be not less than four c�ear days nor more than twenty days prior to April 26, , 1984, which latter date is hereby fixed as the date for receiving bids. Said bids are to be filed prior to 10:00 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 May 8 , 1984, 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 PM. on 198 April 10 , — PASSED AND APPROVED this ATTEST: �lL2s.cn -e.16ut Clerk -10- AHLERS. COONEY. DORWEILER. HAYNIE @ SMITH. LAWYERS. DES MOINES. IOWA WoorA . �annue�; y-'1-dy 8:o.Sam NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa Date of Meeting: April 3, 1984 Time of Meeting: 6:45 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 Ordering Bids, Approving Plans, Specifications, 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 on the Highway 1/Interstate 80 Sewage Pumping Facilities Assessment Project. Such additional matters as are set forth on the additional one (1) page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa lq9 RESOLUTION NO. 84-64 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 Sports Column Corp. dba The Sports Column Corp. 12 S. Dubuque Iowa City, IA 52240 Maid -Rite 1700 First Avenue Iowa City, IA 52240 Steven G. Shullaw dba Needs, Inc. 18 S. Clinton Iowa City, IA 52240 It was moved by Zuber and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 19 84 . Attest: %%ti.� �e ) I ' Xa a i l City Clerk 10th ABSENT: day of April , Earn • r2ry( (G Lv' RESOLUTION NO. 84-65 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: Amelia Corp. dba Amelia Earhart Deli 223 E..,Washington St. Iowa City, IA 52240 It was moved by and seconded by Ambrisco that the Resolution as res 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 R Passed and approved this Lath day of _ April 19 84. Attest: )/1/IS.t'2Icy City Clerk x201 t'U\i RESOLUTION NO. 84-66 RESOLUTION ACCEPTING THE WORK FOR THE RELOCATION OF THE SANITARY SEWER AND STORM SEWER FOR 1000 OAKCREST STREET APARTMENTS 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, For the relocation of the sanitary sewer and storm sewer for 1000 Oakcrest Street Apartments in Iowa City, Iowa as constructed by J. C. Construction 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 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 X Dickson X Erdahl R McDonald X Strait X Zuber Passed and approved this 10th day of April 19.84. ATTEST: RESOLUTION NO. 84-67 RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT AN ADMINISTRATIVE CLERK TYPIST AS A SPECIAL DEPUTY CITY CLERK TO SERVE AS CLERK FOR THE CITY COUNCIL WHEN NEITHER THE CITY CLERK NOR DEPUTY CITY CLERK CAN ATTEND. WHEREAS, the City Clerk serves as Clerk of the City Council; and WHEREAS, the City Clerk has one Deputy City Clerk who is authorized to serve as clerk for the City Council; and WHEREAS, there may be occasions when neither the City Clerk nor the Deputy City Clerk are able to attend and take minutes at City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The City .Clerk is hereby authorized to designate an administrative clerk -typist employed by the City as a Special Deputy City Clerk to serve as clerk of the City Council on those occasions when neither the City Clerk nor Deputy City Clerk is able to attend a meeting of the City Council. It was moved by Zuber and seconded by Ambrisco the Resolu- tion be adopted, and upon rol 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 ATTEST: CITr CLERK Received $ Approved By The Legai D e partment 1-2A�3 ktk�\) RESOLUTION NO. 84-68 RESOLUTION ESTABLISHING A PUBLIC HEARING ON THE CITY OF IOWA CITY'S UMTA SECTION 3 GRANT AMENDMENT TO ALLOW THE PURCHASE OF TWO ADDITIONAL TRANSIT COACHES WHEREAS, the City of Iowa City has entered into a grant agreement with the Urban Mass Transportation Administration to purchase transit coaches and other equipment, and WHEREAS, adequate federal and local funds exist to allow the purchase of two additional transit coaches, and WHEREAS, interested citizens should be provided an opportunity to review and comment on the amended grant agreement to purchase these additional transit coaches, NOW, THEREFORE.; BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a public hearing on said grant amendment be held at 7:30 P.M. on April 24, 1984, in the Council Chambers of the Iowa City Civic Center; and 2. That the City Clerk is hereby authorized and directed to publish notice of said public hearing in a newspaper, published at least once weekly and having a general circulation in the city; and 3. That the City is hereby authorized and directed to place on file for public inspection the City of Iowa City's UMTA Section 3 grant application and agreement for financial assistance to purchase transit coaches and other equipment. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES X X X X X X X NAYS: ABSENT: Passed and approved this 10th d ATTEST: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of April , 1984. ;: Stc'vad o; rya;, :. BY ih�egal Depall nlL, goy `C,�O RESOLUTION NO. 84-69 RESOLUTION SETTING A PUBLIC HEARING ON THE CITY OF IOWA CITY'S FY85 STATE TRANSIT ASSISTANCE APPLICATION. WHEREAS, the City of Iowa City intends to file an FY85 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 p.m. on May 22, 1984, in the Council Chambers of the Iowa City Civic Center; and 2. That the City Clerk is hereby authorized and directed to publish two notices of said public hearing in a newspaper, published at least once weekly and having general circulation in the city, one notice not less than seven (7) or more than thirty (30) days before said hearing, and one notice at least thirty (30) but not more than sixty (60) days before said hearing; and 3. That the City is hereby authorized and directed to place on file for public inspection by May 1, 1984, the City of Iowa City's State transit assistance application for FY85. It was moved by Zuber 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 10th day of April 1984. AYOR ATTEST: y'/ / CITY -CLERK . Rewived u Allroved By The Legal De;.ailmwnf rR05 RESOLUTION NO. 84-70 RESOLUTION APPROVING THE FINAL PLAT OF PEPPER1400D ADDITION, PARTS 4, 5, 6 AND 7, A SUBDIVISION OF JOHNSON COUNTY, IOWA WHEREAS, the owners, Braverman Development Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Pepperwood Addition, Parts 4, 5, 6 and 7, which area is legally described in Attachment A; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recom- mended approval of same; 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; and WHEREAS, the final plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. WHEREAS, approval of the final plat constitutes approval of overwidth pavement on Sandusky Avenue (36 feet in width), and in accordance with Chapter 32 of the Iowa City Code of Ordinances the City shall be required to pay for that paving in excess of 28 feet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Pepperwood Addition, Parts 4, 5, 6 and 7 is hereby approved. 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 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 permit is authorized. 3. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized to enter into an agreement with Braverman Develop- ment Inc. for the overwidth paving of Sandusky Avenue and Keokuk Street and the subsequent reimbursement of said developer for that portion of the paving in excess of 28 feet, in accordance with Section 32-54(a)(12) of the Iowa City Code of Ordinances. OA A(o Page 2 It was moved by Erdahl and seconded by the Resolution be adopted, an 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 10th day of April 1984. ATTEST: CITY CLERK Zaceived & Approved ziy 7110 Le0al DeparfirranP d07 ATTACHMENT A PEPPERWOOD ADDITION - PART 4 A subdivision in the SE 1/4 NE 1/4, Section 22, T.79 N., R. 6 W., of the 5th P.M., Iowa City, Iowa, described as follows: Beginning at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0 degrees 01'45" E - 1205.49 feet and N 89 degrees 33'40"W - 944.26 feet of the SE corner of the W 1/2 SE 1/4 NW 1/4, Section 23; thence N 89 degrees 33'40" W - 746.94 feet; thence S 0 degrees 26'20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45 degrees 26'20" W - 21.21 feet; thence S 0 degrees 26'20" W - 66.00 feet; thence S 89 degrees 33'40" E - 321.94 feet; thence S 0 degrees 26'20" W - 130.00 feet; thence N 80 degrees 58'36" E - 60.83 feet; thence S 89 degrees 33'40" E -380.00 feet; thence N 0 degrees 26'20" E - 321.00 feet to the Point of Beginning. Said Part 4 contains 4.69 acres. PEPPERWOOD ADDITION - PART 5 A subdivision in the SE 1/4 NE 1/4, Section 22, T.79 N., R.6 W, of the 5th P.M., Iowa City, Iowa, described as follows: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0 degrees 01'45" E - 1205.49 feet and N 89 degrees 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; Thence S 0 degrees 26'20" W - 321.00 feet to the Point of Beginning of Part 5 herein described; thence S 12 degrees 59'16" W -165.78 feet; thence S 16 degrees 26'20" W - 170.00 feet; thence S 83 degrees 33'54" W - 199.65 feet; thence N 77 degrees 21'14" W - 111.80 feet; thence N 48 degrees 44'46" W - 108.65 feet; thence N 12 degrees 58'33" W - 93.37 feet; thence N 13 degrees 21'03" E 117.98 feet; thence N 36 degrees 15'03" E -47.67 feet; thence N 80 degrees 58'36" E - 60.83 feet; thence S 89 degrees 33'40" E - 380.00 feet to the Point of Beginning. Said Part 5 contains 3.27 acres. PEPPERWOOD ADDITION - PART 6 A subdivision in the SE 1/4 NE 1/4, Section 22, T.79 N., R.6 W., of the 5th P.M., Iowa City, Iowa, described as follows: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0 degrees 01'45" E - 1205.49 feet and N 89 degrees 33'40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence N 89 degrees 33'40" W - 746.94 feet; thence S 0 degrees 26'20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45 degrees 26'20" W - 21.21 feet; thence S 0 degrees 26'20" W - 66.00 feet; thence S 89 degrees 33'40" E - 15.00 feet to the Point of Beginning of Part 6 herein described; thence S 0 degrees 26'20" W - 60.00 feet; thence S 11 degrees 47'29" W - 121.96 feet; thence S 9 degrees 15'50" W - 80.87 feet; thence S 0 degrees 44'59" E - 80.87 feet; thence S 10 degrees 45'48" E -80.87 feet; thence S 20 degrees 46' 37" E - 80.87 feet; thence S 30 ,-?og Page 2 degrees 38'09" E -80.89 feet; thence S 37 degrees 33'40" E - 152.21 feet; thence S 66 degrees 42'01" E - 96.62 feet; thence S 89 degrees 59'17" E -195.00 feet; thence N 8 degrees 37'16" E - 253.82 feet; thence N 77 degrees 21'14" W -111.80 feet; thence N 48 degrees 44'46" W - 108.65 feet; thence N 12 degrees 58'33" W - 93.37 feet; thence N 13 degrees 21'03" E - 117.98 feet; thence N 36 degrees 15'03" E - 47.67 feet; thence N 0 degrees 26'20" E -130.00 feet; thence N 89 degrees 33'40" W - 306.94 feet to the Point of Beginning. Said Part 6 contains 5.48 acres. PEPPERWOOD ADDITION - PART 7 A subdivision in the SE 1/4 NE 1/4, Section 22, T.79N., R.6 W., of the 5th P.M., Iowa City, Iowa, described as follows: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0 degrees 01'45" E - 1205.49 feet and N 89 degrees 33'40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0 degrees 26'20" W - 321.00 feet; thence S 12 degrees 59'16" W - 165.78 feet; thence S 16 degrees 26'20" W - 170.00 feet to the Point of Beginning of Part 7 herein described; thence S 78 degrees 59'36" E - 118.21 feet; thence S 8 degrees 03'02" E - 109.38 feet; thence S 6 degrees 56'40" W - 126.19 feet; thence S 59 degrees 49'30" W - 43.61 feet; thence S 0 degrees 03'20" E - 115.00 feet to the NE corner of Lot 163, Pepperwood Addition, Part 3; thence S 89 degrees 47'40" W - 89.06 feet to the NW corner of said Part 3; thence S 0 degrees 12'20" E - 173.28 feet to a point on the south line of said NE 1/4 as described in Affidavit recorded in Book 691 , Page401 , Johnson County Recorder's Office; thence N 89 degrees 59'17" W - 455.56 feet along said south line of NE 1/4; thence N 0 degrees 00'43" E - 173.28 feet; thence S 89 degrees 59'17" E - 34.00 feet; thence N 0 degrees 00'43" E - 120.00 feet; thence S 89 degrees 59'17" E - 195.00 feet; thence N 8 degrees 37'16" E - 253.82 feet; thence N 83 degrees 33'54" E - 199.65 feet to the Point of Beginning. Said Part 7 contains 5.25 acres. (R 0 April 10 , 1984 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 John McDonald in the chair, and the following named Council Members: Ambrisco, Dickson, Erdahl McDonald Strait Absent: -1- AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS. DES MOINES. IOWA 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 Highway 1/Interstate 80 Sewage Pumping Facilities 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: Ambrisco, Dickson, Erdahl, McDonald, Strait, Zuber NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 84-71 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the 2nd day of April , 1984, plans, specifications, form of contract and estimated cost were filed with the Clerk of Iowa City, Iowa, for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities 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 B ALLBEE. LAWYERS. DES MOINES, IOWA PASSED AND APPROVED, this 10th day of Aril 1984. ATTEST: Clerk /' /' A Q�� ayor -3- AHLERS, COONEY. DoRWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES IOWA RESOLUTION NO. 84-72 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 1985 and 1986 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 Zuber and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES X Passed and approved this loth ATTEST: CITY CLERK NAYS: ABSENT: Ambrisco X Baker Dickson Erdahl McDonald Strait Zuber day of Aril %% ,1984. OR ® Reeelvcyd a Approved Y 7h., Lena(')epadMent 0?12 RESOLUTION NO. 84-73 RESOLUTION DESIGNATING THE MAYOR AND CITY MANAGER AS CITY REPRESENTA- TIVES ON THE IOWA CITY DEVELOPMENT CORPORATION BOARD OF DIRECTORS AND PLEDGING CITY SUPPORT WHEREAS, representatives of the City of Iowa City participated with represen- tatives from the University of Iowa and the Greater Iowa City Chamber of Commerce as members of an ad hoc committee on Economic Development, and WHEREAS, that committee has formulated recommendations regarding future economic development efforts to be undertaken within this community, and WHEREAS, these recommended efforts include the establishment of a permanent economic development organization to be known as the Iowa City Development Corporation, and WHEREAS, it is considered in the best interest of the City to participate fully in the activities of the Iowa City Development Corporation, and WHEREAS, the Iowa City Development Corporation will" be a non-profit, tax-exempt organization directed by a nine member Board of Directors, and WHEREAS, the University of Iowa Research Foundation, the Greater Iowa City Chamber of Commerce, and the City of Iowa City, as the three sponsoring or- ganizations, will designate representative members to serve on the Board of Directors, and WHEREAS, it is the City's desire that the Mayor and the City Manager serve as its two representatives on the Board.of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Council hereby appoints the Mayor and the City Manager to serve as Iowa City's official representative members on the Iowa City Development Corporation Board of Directors. 2. That the City of Iowa City considers the success of the Iowa City Development Corporation as vital to the future growth and development of this community and pledges its resources, to the greatest extent possi- ble, in the pursuit of the goals which shall be set forth and agreed upon for the Iowa City Development Corporation. 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 Resolution No. 84-73 Page 2 Passed and approved this 10th day of ATTEST: CITY CLERK Reensved P. Approved Ey The l..gai BP_ ertment RESOLUTION NO. 84-74 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR THE DOWNTOWN -HOTEL PROJECT (URBAN RENEWAL PARCEL 64-1b) WHEREAS, by Resolution No. 83-386, the City Council of Iowa City, Iowa, approved the Urban Development Action Grant Agreement between the City and the U.S. Department of Housing and Urban Development for the construction of a hotel on Urban Renewal Parcel 64-1b (hereinafter referred to as "Project"; and WHEREAS, one requirement of the Urban Development Action Grant Agreement is that a Memorandum of Agreement be executed because of the adverse direct and indirect impacts of said Project upon the College Block Building, a National Register of Historic Places property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is authorized to sign and execute on behalf of the City of Iowa City and the City Clerk to attest the attached Memorandum of Agreement (Attachment A) or an agreement, which, in the opinion of the City Attorney, is substantially similar to the attached document and does not impose any obligations on the City greater than in the attached agreement. It was moved by Dickson and seconded by Ambrisco the Resolution be a opte , 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 10th day of _ April , 1984. OR ATTEST: /1.GEi d At D,4 GFpa! Capartment yYf CITY OF IOWA CITY, IOWA URBAN DEVELOPMENT ACTION GRANT -DOWNTOWN HOTEL HUD PROJECT #B -83 -AA -19-0021 MEMORANDUM OF AGREEMENT I7iy_• :�\ � • 7 171 ' 71• WHEREAS, the City of Iowa City, Iowa, submitted an anplication to the Department of Housing and Urban Development (HUD) for an Urban Development Action Grant on behalf of a private developer (Dr. Harry A. Johnson, Jr. dba Mid -City Hotel Associates - Iowa City hereinafter referred to as Developer) for a hotel on Urban Renewal Parcel 64-1b in downtown Iowa City and which application has been approved by HUD; and WHEREAS, in accordance with the Urban Development Action Grant agreement between HUD and the City, the City of Iowa City has, in consultation with the State of Iowa Historic Preservation Officer, determined that the hotel would have an adverse impact on an adjacent property - the College Block Building - which is listed in the National Register of Historic Places; and WHEREAS, the City of Iowa City and the State Historic Preservation Officer have consulted and reviewed the hotel project to consider feasible and prudent alternatives to avoid or satisfactorily mitigate the adverse impacts of the hotel project; and NOW, THEREFORE, it is mutually agreed that the implementation of the undertaking in accordance with the following stipulations and attachments will mitigate the adverse impacts of the hotel on the adjacent National Register of Historic Places building. STIPULATIONS A. The City of Iowa City will ensure that the Developer has or will undertake the following measures to mitigate the direct adverse impacts of the hotel on the College Block Building: (1) Establish witness points to monitor possible worsening cracks in the College Block Building. (2) Establish a monitoring system to measure any movement of the earth retaininq wall adjacent to the College Block Building. (3) Assure that the Developer will continue the activities set forth in Items 1 and 2 at his expense until completion of the hotel as evidenced by the issuance of a Certificate of Occupancy. (4) Assure that the College Block Building is restored. Such restoration shall eliminate damage due to construction activity as specified in the February 23, 1984 Shive-Hattery Engineers report (Attachment A) and any damage subsequent to the date of such report as may be indicated by other reports from Shive-Hattery Engineers. It is understood that the Developer and College Block Partners, the Owner of the College Block Building, have negotiated an agreement setting forth the manner in which such restoration shall occur. -2- B. The City of Iowa City will ensure that the Developer will undertake the following measures to mitigate the indirect adverse impacts: (1) Alteration of the College Block's surroundings: The College Block Building is surrounded by City Plaza (an all -brick) pedestrian wauway) on the north, the hotel parcel on the east, an alley to the south and an adjacent large four-story building to the west. A covered; ten feet wide open air walkway will be constructed directly east of the College Block Building. This walkway will preserve the direct pedestrian access to the College Block Building. It will be constructed with brick pavement and a translucent roof. (2) Introduction of new visual elements near the College Block Building: The City evaluated exterior materials for the hotel based on their compatability with the College Block Building. while. creating an inviting appearance for.the hotel structure.. The portion of the hotel adjacent to the College Block Building facade will be con- structed primarily of clear insulating glass with dark bronze copings and flashings. A light gray, slightly rough texture stucco was chosen as the major exterior material; the gray color complements the various brick colors contained in the College Block Building and the City Plaza. The City will also require the Developer to meet additional design requirements as specified in Resolution 83-394. (See Attachment B.) C. This Memorandum of Agreement may be executed in counterparts, and shall be deemed in force and effect upon execution by all parties of this Memorandum, even though all parties' signatures do not appear upon any individual document. IN WITNESS WHEREOF, this party has executed this Memorandum of Agreement on the date shown after the signatures. CITY OF. MAN CITY, I011M By. City Manager Attest: 2,4v cl clerk Z/- // a L/ Date ,/ - /i - ,Pe Date f-�0 -3 - HARRY A. J HNSON, JR. a MID -CITY HOTEL ASSOCIATES - IMA CITY RDGER MMSSEY, Area Manager Department of Housing and Uiban DeveloPment &�, L e--�t ANDIUAN A. ANDERSON, Historic Preserva- tion Officer, State of Iowa Date Date Date Executed as to the provisions of Paragraph A.(4) only. i �- By / er -//- 51 Date 46"dusd & Approved NO 18W Dqx /rfinent .,r RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR THE DOWNTOWN HOTEL PROJECT (URBAN RENEWAL PARCEL -64-1b) WHEREAS, by Resolution No. 83-386, the City Council of Iowa City, Iowa, approved the Urban Development Action Grant Agreement between the City and the U.S. Department of Housing and Urban Development for the construction of a hotel on Urban Renewal Parcel 64-1b (hereinafter referred to as "Project"; and WHEREAS, one requirement of the Urban Development Action Grant Agreement is that a Memorandum of Agreement be executed because of the adverse direct and indirect impacts of said Project upon the College Block Building, a National Register of Historic Places property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that, the City Manager is authorized to sign and execute on behalf of the City of Iowa City and the City Clerk to attest the attached Memorandum of Agreement (Attachment A) or an agreement, which, in the opinion of the City Attorney, is substantially similar to the attached document and does not impose any obligations on the City greater than in the attached agreement. " It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Baker Dickson' Erdahl McDonald Strait . Zuber Passed and approved this day of 1984. MAYOR ATTEST: . LLERK P.pnruecd Ap Yin L*Val C-.Martment ATTACHMENT A CITY OF IOWA CITY, IOWA URBAN DEVELOPMENT ACTION GRANT -DOWNTOWN HOTEL HUD PROJECT #B -83 -AA -19-0021 MEMORANDUM OF AGREEMENT ATTACHMENT A: REVISED MOA SHIVE-HATTERY ENGINEERS Hlgnwav 18 Inlevslala 60 PC' H1.4 IOSO 1 -am Inwa Cdv IA 52240 Ln AanWf. 219.354 -JU40 Li.,...,yn.• I (JuLu�:.l•: ii•1LM lyi.,nq February 23, 1984 Adolfson b Peterson, Inc. P.O. Box 9317 Re: College Block Building Minneapolis, Minnesota 55440 "Bushnell's Turtle" Attention: Mr. Al Vijums Dear Mr. Vijums: On January 16, 1984, you requested our assistance to provide technical services to monitor and evaluate the behavior of the above captioned structure. This being in response to the building Owner's claim of damage resulting from construction operations at the Holiday -Inn site on adjacent properties. In response to your request, we have made continuing field observations commencing on January 17, 1984. The immediate preliminary evaluation permitted the conclusion that some foundation movements had recently occurred. These movements would be reflected in conditions as observed and noted in the Owner's claim. This preliminary evaluation also permitted the conclusion that the stability of the structure and safety of the occupants of the building was not compromised and the functional usage only nominally impaired. We also concluded that the adjacent construction should be continued and desirably should be expedited. Recognizing that movements had occurred, it was deemed necessary to determine if movement was continuing and if so, the rate of movement. To this end, a monitoring program was initiated with daily observations far a two week period and continue cwithtbi-monitoring weekly observations untilwekly observations. In ouequpilibriumtissdemonstrated soruld until restorative corrections are complete. FIELD MONITORING Twenty-three monitoring points on and in the Structure are observed and reported. Additionally, sixteen points on the temporary earth retaining structure at the construction excavation have been monitored for horizontal movement. At the date of this reporting, most of the monitoring points within the structure have shown some minimal movement since the first observation. Magnitude of movement, typically, is too small to measure with one measuring point showing movements of about 1/16 inch. The survey monitoring of the temporary retaining structure has been discontinued as,the backfilling of the excavated area to the new construction has commenced. During the monitoring efforts lateral movements of .01 feet were reported. Adolfson b Peterson, Inc. February 23,.1984 0 Page 2 The building owners, Mr. Bob Barker and Mr. Ed Zastraw, have been most cooperative throughout the investigation and monitoring period. They have supplied information as needed and as available with unrestricted access to the facilities. This spirit has permitted an orderly gathering of information and should promote an orderly progression to complete the satisfactory correction of the problems as they now exist. BUILDING MOVEMENT Based upon our observations and the information available to us, it is our opinion that the excavation for the Holiday Inn has influenced the behavior of the College Block Building. The cross-sectioned geometry of the site, the schedule of construction operations, the absence of execution of prerequisite construction details of the containment retaining wall, and the elastic flexibility of this retaining wall all contribute to the reduction of lateral containment to foundation materials at the edge of the excavation. The decreased lateral containment in combination with elastic lateral deformations permitted vertical settlements within the zone of influence of the retaining wall. It is important to note that this is a predictable behavior, with the magnitude a function of the many contributing variables. With the partial completion of the compacted backfill between the new construction and the lines of excavation, lateral containment of the foundation materials has now been re-stablished. With the edge of the excavation frozen at the time of backfilling, and a natural moisture content of 20 to 25 percent, an expansion of 1/8 -inch to 1/4 -inch per foot of frost was possible. As the frozen materials thaw, -a reduction of confining lateral pressure is possible with additional relaxation and vertical settlement within the zone of influence. In our opinion, the behavior of a structure that experiences foundation settlement may be cyclic with a time lag behind the subsurface movements and the structure movements. That is, as the supporting capacity of the foundation material reduces, these materials seek equilibrium and reconsolidate. As the supporting capacities of primary paths of resistance relax, secondary paths develop and support the superimposed loads with residual stresses within the structure. When these secondary stresses become excessive, local failures occur to re-establish equilibrium and reflect in structural movement. Our observations have permitted us to reach some probable conclusions relative to magnitude of movements since defineable times of normal building maintenance operations. The east side wall has moved out (east towards the new construction) about 3/8 -inch since the basement was -painted as measured on the first floor joists. At the northeast corner, the east sidewall has moved down about 5/16 -inch in relation to the north endwall as measured internally on the foundation and externally an the joint calking. There is no discernable evidence to confirm or deny the settlement of the north end wall. The east side wall does not reflect any signs of differential settlement which may be expected since the adjacent new construction is nominally similar in length. The actual magnitude of movements may be academic and this report will address the probable as y Adolfson b Peterson, Inc. February 23, 1984 Page 3 c direction of movement, the effects of such movements with resulting problems to the structure and finally, the correction of the problems. EFFECTS ON THE BUILDING Our visual observations and evaluation identify the following effects on the building and permit the development of the following hypothesis of movement: 1. The east foundation and bearing wall settled with rotation at the bottom of the footing to permit movement outward at the first floor ground line. 2. The north end wall foundation experienced little or no movement. 3. The north end wall from second floor line to top moved laterally to the east. 4. The south wall reflects the combination of several effects, as follows: a. The southeast corner of the foundation (new in 1978 restoration) remains intact as a unit with southeast corner settlement accommodated by rotation of the base at the joint with the original stone foundation near the building center. b. Diagonal shear failure in the masonry propagating from the re-entrant corners of window and door opening. c. Tension failure of the masonry to accommodate the eastward movement Of the east wall. d. The interior of both the north and south walls refelct the stresses created by movement of the east wall through openings of vertical joints and mitered joints in the wood trim. 5. The center (north -south) foundation wall does not reflect transverse, longitudinal or vertical movement and is presumed to be unaffected by the new construction. 6. The north -south wails above the foundation are not affected by the new construction except as they may be subjected to lateral movement of the endwalls. With hypothesized movements, potential problems that have been identified, but which are not apparent with our evaluation, are as follows: 1. Racking windows on second floor; the apartment manager has opened one north and one south. Conclude that a possible problem may -exist and should be addressed in corrective restoration. Adolfson 6 Peterson, Inc. February 23, 1984 0 Page A 2. Lateral movement of east wall from floor; visual evaluation on February 15th revealed that wall covering (paneling or base) projects over the floor covering and conceals the movements that may have occurred. 3. Tension failure of dry wall ceilings; visual evaluation revealed no problem. 4. Negative movement effects for first floor joint over interior support with the east wall depressed by bearing settlement; visual evaluation on February 15th reveals no evidence of loss of bearing an wall support, no visible distress in the floor joints, and no deflection reflection in the floor covering. S. Failures of the roof membrane; visual evaluation on February 15 reveals that this built up roof is sound and free of defects that could be attributable to the recent movements experienced. The flashing at the parapets and roof edges show no problem. Thus, we have concluded that there is no concern with this building element. 6. The building front at the sidewalk shows no distress or movement that might permit future surface water penetration and resulting problems to the foundation and/or basement. Those reported problems that are not readily attributable to the movements of the structure, are as follows: 1. Vertical separation of the interior walls and/or wall coverings from the floor. 2. Vertical separation of the counter tops from the wall mounted splash boards (in second floor apartments). 3. Cracks in dry wall propagating from re-entrant corners on second floor hallway walls. 4. 'bulging" dry wall an second floor longitudinal walls. 5. Improper fit of door trim to drywall in southwest apartment. 6. Cracks in masonry, east wall, exterior, appear to be old cracks and shrinkage cracks in joint of 1978 construction appear to be old. CORRECTIVE ACTION The previously listed problems that are attributed to the foundation settlement and resulting building movements require a restorative corrections. The restoration procedures should be consistent with the character of the building, cost effective, reasonable, fulfill the functional requirements, utilize quality materials, and reflect high standards of workmanship. It is not the intent of these procedures to correct deficiencies not related to the movements a,)i Adolfson 6 Peterson, Inc. February 23, 1984 Page. 5 v experienced or to replace undamaged elements or to appreciate the value of the structure. Within these guidelines, we are proposing that the techniques of repair be as hereinafter described. 1. Basement floor: Remove and replace existing damaged floor to existing surface profile; about 4 feet wide along east wall with additional widening as necessary at two north interior columns. Removal to be to saw cut edge. 2. Foundation wall joints: Northeast corner and at south wall construction joint; pressure grout with tubes to fill joint and hand tool inside finished surface. Exterior surface where visible to be neat and true. 3. Painting: At locations hereinafter required; paint to match existing color. Typically, spot touch up will not be the intent. Painting to extend over total area to existing wall breaks, corners, trim, etc. 4. Doors: Correct all doors that are racked and/or not freely operating and all first floor doors such that door edges parallel the door opening. Typically, this to be accomplished by trimming and/or planing. If this would create excessive gap between door and frame,, the frame to be reset As required. Finish raw edges with sealer and paint or stain. 5. Windows: All windows shall be checked and corrected if not freely operating or if they do not close and seal properly. Correction by planing and/or resetting. Finish with paint or stain as appropriate. 6. Mitered Wood Trim: All applicable areas on first floor. a. Typical cornice and small open joints. Fill with wood filler, sanded to blend with surface, paint. b. Open cracks on window and door trim. Remove, refit, and remount or replace with new matching trim cut to fit. Fill and paint. 7. Brick Masonry Walls (Exterior and Interior): Typical south end wall exterior.at windows and interior in southeast apartment. a. Rake full depth all cracked joints and extend 1/2 brick from crack. b. Remove in total all broken masonry units and replace with new units like in kind. C. If matching new units are unavailable, broken units to be banded and reset as a singular unit. SHIYE•HOTTERY ENGINEERS 7o?7 Adolfson 6 Peterson, Inc. February 23, 1984 Page- 6 d. Mortar all raked and open joints. Mortar to match existing in color and texture. Shrinkage control shall be excercised. Joint tooling to match existing. 8. Broken Cap Stone: At northeast corner. Remove and bond broken elements with an epoxy adhesive. Seal crack with non staining sealant. Reset stone as singular unit. Caulk as appropriate. 9. Joints between masonary and wood trim; typical exterior south wall. Clean bond area and caulk with one part acrylic -latex cadlk. 10. Ory wall cracks: Typical end walls and intersection of walls to east wall; second floor. Sand crack area, tape and fill, sand with paint finish. 11. Masonry to Masonry Joint; at northeast corner exterior. Rake and clean joint, seal with one part, Type 11, Class A urethane caulking. Painting is not desired, Owner to select color of caulking materials. 12. Masonry to Masonry Joint: Exterior to adjacent building. Clean joint, place backer rod as appropriate, prime bond areas, and seal with two part, Type II, Class A polysulfide caulking. Owner to select color of caulking materials. . 13. Brick Masonry Wall (Exterior): At south end wall over and west of second floor exit. Visual evaluation of this joint suggest that this crack is not new and may well be a shrinkage crack of the 1978 construction or a thermal relief joint that developed before the recent building movement. The recent building movement is reflecting in an opening of this joint. This minimal wall cross section will remain a point of weakness for thermal stress relief. The projected corrective efforts for similar problem areas as in 7 above probably will not retain continuity. Therefore, we recommend the installation of a vertical relief joint in this area. This relief joint should be sawed through the outer width of the brick vertically up from the existing crack location (about 8 -inches west of the door cap stone). Joint nominal width would be 1/4 -inch to 3/8 -inch. Treatment of this artifical joint as in 12 above. Correction of the balence of the masonry crack as it angles up and to the west to be as in 7 above. The existing horizontal shear joint from "saw joint` to door opening to be surface raked and sealed with caulk. TIMING In our opinion, a final correction of the noted problems of the College Block Building should not be accomplished before fall, 1984. This will permit a minimum period for equilibrium to develop in the foundation materials and permit a thermal cycle in the structure to trigger any impending residual movements. This delay should minimize the opportunity for latent movement effects to surface. As an exception some of the first floor interior work may well be s111VF.14AVTVUV CMrnmaroa CiW Adolfson b Peterson, Inc. February 23, 1984 Page 1 scheduled at an alternate time so as to minimize interruptions to the normal business activities. In order to minimize water damage to the structure during the period until final corrective action is accomplished, we recommend the open joints in the exterior walls be temporarily closed by caulking. This concludes our report of findings and recommendations. If you have any questions or comments, please contact our office. Yours very truly, SHIVE-HATTERY ENGINEERS Bob Lentfer, P.E. BL:dh 124116-0 ATTACHMENT B --REVISED MOA RESOLUTION NO. 83- 394 RESOLUTION APPROVING PRELIMINARY DESIGN PLANS FOR URBAN RENEWAL PARCEL 64-1b (FAM SITE) WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers to Purchase and Redevelop Urban Renewal Parcel 64-1b; and WHEREAS, the City Council has under the terms of the land disposition agreement reserved the right to approve Preliminary Design Plans of the development to occur on Urban Renewal Parcel 64-1b; and WHEREAS, Dr. Harry A. Johnson, Jr. doing business as Mid -City, Hotel Associ- ates- Iowa City has submitted preliminary design plans for the redevelopment of Parcel 64-1b in the Iowa City Urban Renewal Project area; and WHEREAS, said Preliminary Design Plans have been reviewed by the Design Review Committee at its December 7, 1983, meeting and a recommendation from the Design Review Committee has been received by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Preliminary Design Plans submitted by 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 to this Resolu- tions which attachment is by this reference hereby incorporated. It was moved by Perret and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson R Erdahl --X— Lynch — x McDonald x Neuhauser --x— Perret Passed and approved this 12th day of _December , 1983. ATTEST: CITY CLERIC I _ I Received 3 Approved By The legal Department N a •tly c �� ATTACHMENT A TO RESOLUTION No. 83- 394 The approval of the Preliminary Design Plans for the redevelopment of Urban Renewal Parcel 64-1b submitted by Dr. Harry A. Johnson, Jr. doing business as Mid -City Hotel Associates - Iowa City is hereby made subject to the following conditions or reservations: 1. The City reserves the right to review and approve signage. 2. The City reserves the right to review and approve landscaping plans. 3. The City reserves the right to review and approve 'design plans for the exterior walkway between the College Block Building (Urban Renewal Parcel 82-1a) and the interior walkway. Received & Approved iiy T� Legal De artnwnt R' i y �3 MRS RESOLUTION NO.84-75 / RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ACCESS FOR URBAN R NEWAL PARCEL 64-1b (HOTEL SITE). WHEREAS, the City f Iowa City, Iowa, acting as the Loca Public Agency, did by Resolution -419 authorize execution of an alle access easement for Urban Renewal Pa cel 64-1b (Hotel Site); and WHEREAS, it has beenand that the alley access eas ent is inadequate to allow vehicle loading a d unloading for the hotel s' e; and WHEREAS, the easement are needs to be expanded. NOW, THEREFORE, BE IT RESOLVED that an amended asement agreement (Attach- ment 1) be approved by the ity Council of t City of Iowa City and that the Mayor of Iowa City, Iowa is authorized to sign the amended easement agreement and that the City Jerk is autho ized to attest to said agree- ment. It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and updp role call there were: AYES NA ABSENT: X AMBRISCO X BAKER X DICKSON X 4ZUBER ERDAHL X MCDONALD X STRAIT X Passed and approved this ATTEST: By T a Lasa! Dvp0r1=0 CITY OF IOWA CITY HARRY A. JOHNSON, JR. AMENDED EASEMENT ABREEMEMT This agreement is entere into this 10th day of A r'1 1984, between the City of Iow City, Iowa, a municipal corpo a ion, hereinafter referred to as City, and arry A. Johnson, Jr., doing usiness as Mid -City Hotel Associates - Iowa Cit hereinafter referred to as otel Associates. WHEREAS, Hotel Associates ha purchased land from th City on Urban Renewal Parcel 64-1b, Iowa City, upon ich to construct a hot 1 facility, and, WHEREAS, Hotel Associates wishe to purchase from he City a perpetual alley easement for access purposes thr gh a portion of Block 64, as more particu- larly defined in this agreement, a d, WHEREAS, the parties to this agreem nt wish to et out the specific terms and conditions of their agreement concern -ng this a sement. NOW, THEREFORE, IT -IS AGREED as follows' 1. Easement Area. The easement a ea shall be a strip of land legally described as follows: Part of Block 64, OriginalTown, Is ' City, Iowa, as shown on plan recorded in Johnson County Recorder affice, Book 1, page 116, more particularly described as follows: Commencing as a point of referent at the Northeasterly corner of said Block 64; thence South 89059120" West 22 .00 feet al\ngthe Northerly line of said Block 64 to a point (thi is anassumaring for purposes of this description only);thence South 0007'00"East 44.54 feet alonine parallel with the Easterly line of said Block 4 to the point ginning; thence North 89053'00" Eas 50.00 feet to a point; thence South 45007'00" E t 49.50 feet to a point; thence North 89053'00" East 137.00 feet to the Wes erly right-of-way line of Linn Street; thence South 00007'00 East 17.35 feet along said Weste ly right-of-way line to a point; thence South 89051' 7" West 20.04 feet to a point; thence South 0000 '14" West 3.30 feet to a point; thence North 890 5'47" West 201.95 feet to a point; thence North 00007'00" West 55.00 feet to the point of beginning. 1 Page 2 2. Nature and Extent of Easement. Hotel Associates and its assigns are hereby granted a permanen nonexc usive easement for ingress and egress purposes across the surface of the easement area. City expressly reserves all rights to the airspace beginning twenty-five (25) feet dbove the surface of the easement area. This asement is to provide for service access to the hotel facility. The easement area also is intended to prqfide for access to other building sites located iBlock 64 and the City res fives the right to grant to other owners of property Block 64 access to the ley easement. 3. Dedication as Publ c Alley intends to dedicate all or part of t to all of the rules and reg u ations alleys. The City also reserves the right and he easement rea as a public alley subject of the C' y of Iowa City governing such 4. Pavement and Maintenance. The City grees to pave the alley portion of the easement area within a reason le time after completion of construction of the hotel facility. Further, the C'ty agr es to maintain the alley at the same level of maintenance as is provide for other public alleys in downtown Iowa City. 5. Easement Price. Promptly on execution of this agreement, Hotel Associates agrees to pay to the City h sum of $18,350.40. 6. Future Condemnation. Whil the City has granted to Hotel Associates the easement rights provided in th s agre ment on a perpetual basis, the City does reserve the right to instit to condemnation proceedings if necessary in the future to retake possession 9f the alley. 7. Reversion to City. n the event Hotel Associates defaults upon its obligation to construct a hot 1 on Urban Rene al Parcel 64-1b, this easement granted by the City to Hotel Associates shall utomatically terminate and all rights granted hereunder sha 1 revert to the Ci If this happens, the City agrees to refund to Hotel A ociates any portion f the purchase price outlined in paragraph 5 above whit has not already bee used for the purposes of constructing public facili ies on or about the all In the event the use of Urban Renewal Parcel 64-1 changes from a hotel, t e easement granted by the City to Hotel Associates shall automatically termin to and all rights granted hereunder shall revert t the City. 8. Successors and/Assigns. The provisions stated he h rein shall be for the benefit of and bind t personal representatives, heirs, successors and assigns of Hotel Associates abd the City, and the terms and conitions set forth above shall constitute cov nants running with the land. 9. Effect on Prior Easement. This Amended Easement Agreement supercedes and revokes the Eosement Agreement recorded in Book 682 page 66 of the Johnson County Rec rder's Office. \ Dated at Iowa Ci4 , Iowa, on the date first above given ,g3'� Page 3 CITY OF IOWA CITY, IOWA / BY: Lk J McDonald Mayor ATTE : i i City-Clerk er: Harry o nson, Jr. STATE OF IOWA ) / SS: /JOHNSON COUNTY ) On this 10th day of A Til A.D., 1984, before me, a Notary Public dui cortmi5sioned and qua ified n and for said County and State, personally appeared John McDona 1, 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 flamed in the foregoing instrument, who executed the same under and by virtue f 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 volytary act and deed for purposes herein expressed. // IN TESTIMONY WHEREOF, I have hereu to s t my hand and Notarial Seal at Iowa City, Iowa, the day and year last a ove wr',tten. STATE OF MINNESOTA ) ) SS: HENNEPIN COUNTY ) On this day of 1984, before me, the undersigned, a Notary PuTin and for said State, personally appeared Harry A. Johnson, Jr., 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 voluntary act and deed. / Notary Public in and 1�1:1r the State of Minnesota Ra"Ivetl & Approved IcJat De/ orftnent IR �� RESOLUTION NO. 84-76 RESOLUTION ADOPTING THE ANNUAL BUDGET, FY85, ENDING JUNE 30, 1985, FOR PUBLIC HOUSING PROJECTS IA022003 AND IA05PO22004 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Projects 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, in its capacity of the city of Iowa City Housing Authority that: ' 1. The proposed expenditures are necessary in the efficient and economi- cal operation of the Housing Authority for the purpose of service to low income families. 2. 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. 3. All proposed rental charges and expenditures will be consistent with provisions of law and the annual contributions contract. "Pursuant to the rent schedule approved by HUD, the Iowa City Housing Authority certifies that it is in compliance with the provisions of Section 860.407 of Part 860, Subpoena 0 of the Interim Rule published September 26, 1975, in that the aggregate annual gross rent of families residing in the dwelling units for the fiscal year beginning July 1, 1984, will not be less than an amount equal to one-fifth of the sum of the "Family Income," as defined in 24 CFR 860.403 (F), of all such families, as evidenced by the following estimate for the fiscal year: 1. Aggregate Annual "Family Income" $436,221.00 2. Total Annual Income Gross Rent 126,504.00 3. Annual Rent -Income Ratio 29% In addition, pursuant to Section 860.4 of the final rule, effective December 1982, 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. _�)2<1 It was moved by Zuber and secon--- by Frclahl 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 loth day of April , 1984. ii /&� a:�'g YOR ATTEST: %21a4CITY CLEKK NoWed a Approval BY The legal ©rpartmnt 4 4 $ azs N RESOLUTION NO. 84-77 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH THE CEDAR RAPIDS & IOWA CITY RAILWAY COMPANY AND THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa has negotiated three agreements with the Cedar Rapids & Iowa City Railway Company and the Iowa Department of Transportation, a copy of said agreements being attached to this Resolution and by this reference made a part thereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements with the Cedar Rapids & Iowa City Railway Company and Iowa Department of Transportation for grade crossing surface repair on Riverside Drive, Waterfront Drive and Highland 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 agreements with Cedar Rapids & Iowa City Railway Company and the Iowa Department of Transportation. 2. That the City Clerk shall furnish copies of said agreements 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 R McDonald X Strait X Zuber Passed and approved this 10th day of ATTEST: )J,. �J 4/'. 4 v" CITY CLERK 19 84 . Racetved & Approved By Then4-,+ Departr,�eni 4- 6736 .. •��.�..� VI 1VWf1 E CROSSING SURFACE REPAIR FUP AGREEMENT County Johnson State Number_ Road Riverside Drive AAR-DOT Number_ THIS AGREEMENT, made and entered into by and between City of Iowa City, Iowa 608-057-K trrrgnway Autnority) having primary jurisdiction over the subject public highway, street, or alley hereinafter referred to as the Highway Authority, and the Cedar Rapids and Iowa City Railway Company rack Owner with principal offices located at Cedar Rapids, Iowa hereinafter referred to as the Company. The Highway Authority and the Company agree on the necessity to repair the at - grade crossing located at the Company's railroad grade crossing of Riverside Drive in Iowa City, Iowa General Description and further agree as follows. SECTION I. The Highway Authority and the Company each agree to pay twenty percent of the total cost to repair this crossing. The Rail and Water Division of the Iowa Department of Transportation, hereinafter referred to as the Division agrees the State's Grade Crossing Surface Repair Fund shall be used to pay sixty percent of the total actual and necessary cost to repair this crossing. SECTION II. The Company and the Highway Authority have determined the extent of the repair of this crossing including railway and roadway approach modifications to conform to American Railroad Engineering Association Guidelines and Highway Authority Standards and will complete the repair as soon as possible and within twelve (12)months after the Highway Authority authorizes it to proceed. An itemized statement of the work to be performed and its estimated cost is shown in Exhibit "A" attached hereto and hereby made a part of this agreement. All costs eligible for reimbursement must be billed to conform to Section IV of this agreement. The Company will notify the Highway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Highway Authority ample opportunity to document the materials and labor required for the work covered hereunder. SECTION III. The Company and the Highway Authority further agree: X The highway be closed during repair, or The highway will remain open to one -lane traffic during repair, or A highway runaround will be constructed to permit two-lane traffic during repair. If the highway is to be closed, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the actual starting date to allow the Highway Authority to sign and implement the detour. If traffic is to be maintained for either one or two lanes, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate signs. SECTION IV. The Company will keep an accurate and detailed account of the completed work pursuant to this agreement. Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing and any subsequent reimbursement under this contract shall conform to Federal -Aid Highway Program Manual Volume 1, Chapter 4, Section 3 and statements in the aforesaid reference, for purposes of this agreement, regarding the Federal Highway Administration shall mean Division. SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway Authority shall transmit the billing to the Division along with a certification of project acceptance and completion (Form 640003), and recommendation for payment. SECTION VI. The Division, upon receipt of the billing shall review, audit, and determine the approved final reimbursable amount. The Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Division shall each process payment to the Company in an amount equal to twenty and sixty percent respectively, of the total approved reimbursable amount. SECTION VII. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and all shall constitute but one and the same original. CEDAR R,�P!OS SIG 'C :^ . CX:. Executed by: P Gs.,1!.!. ';47 C OMPAy Company .cx 3$1 or �wa g2^06 641A1 AvR 3 Authorizing Agerrt !auu r:._: (Date) /h ruing AgentD to By TLa LeCai Ceparhnent 1 and Water Division 8 6 ':KAIOOT LOLU sc�+. c norizing Agent Date Highway Authority Contact Person Frank K. Farmer 410 East Washington Street; Iowa City, Iowa 52240 Telephone No. 319-356-5143 M 10`XILED LIST OR PROPERTY 1 13L NVESTED span No._. Tata OI Pra#aCTI -- ------ �'kEPAN[O by 2 Tracks Riverside Drive - Iowa City, Iowa 2"-3" raise CUANTITtl p[aC111►TION Of ITWe I EaTIMATaO COAT INaTALL6D OUANTITT I UNITCOaT All MATERIAL# Rail (112250) 234' $5/ft 117( Plates (11229) 156 $1.50/e 23, Anchors (112250) 312 $1/each 31; Bare -Compromise (112#) 8 pr. $275/ea 220( Walde 4 $80/each 32C �`1 Ties 78 $18/each 1404 l r Fabric 500 SgFt $.15/SqFt 225 Spikes/Bolts/Washers Lot Chg $175.00 175 ai Ballast 45 ton $5.00/tor 225 Asphalt 80 ton $40/ton 3202 !i j Mud -Rail 3121 $1.00/ft 312 Xing'Signal Pipe 40' $6.00/ft 240 Material 10,017 20% Overhead 2,003 Total Material 12,020 LABOR# Section - 10 men for 8 days ® 8 hr/day 640 hra $12/hr 7,680 Shops - 1 man for 2 days 0 B hr/day 16 hra $14/hr 224 Labor 7,904 50% Overhead 3,952 Total Labor 11,856 MACHINERY/RENTAL Rent Barricades/Compactor Lot Chg $250.00 250 Pick-ups 12 days $30/day 360 Large Trucks 14 days $40/day 560 Pettibone 5 days $125/day 625 Air Compressor 5 days $35/day 175 Ballast Car 4 days $25/day LOC Flat Car 4 days $15/day 6( Rental Crane 8 hra $60/hr 48( Tamper 2 days $100/day 20( Trailer 2 days $20/day 4( Welder 4 days $20/day 8( Machinery 2,93, Total Expenses 26,80 Leas Scrap Value (501 Total Estimate 26,30 101 DI N41 NO SCALE I I N i /\ 02- COMMERCIAL DR. �tiO l . ��/ \ o AT THE SITE, THE CONTRACTOR SHALL PLACE AND �n MAINTAIN ALL LIGHTED "TYPE II" BARRICADES w REQUIRED TO COMPLETELY CLOSE THE ROADWAY CONTRACTOR SHALL MAINTAIN PROPER POSITION AND PLACEMENT OF ALL CONSTRUCTION SIGNS vi SUPPLIED BY THE CITY. SUPPLIED BY CITY I ROAD CLOSED LOCAL TRAFFIC ONLY RAILROAD CROSSING REPAIR S. RIVERSIDE DRIVE 2 ROAD CLOSED 3 ROAD CLOSED AHEAD JIATE OF IOWA I _E CROSSING SURFACE REPAIR FUN, AGREEMENT County Johnson State Number 13194 Road Waterfront Drive AAR-DOT Number 607-311-G THIS AGREEMENT, made and entered into by and between City of Iowa Ci Iowa ghway having primary jurisdiction over the subject public highway, street, or alley hereinafter referred to as the Highway Authority, and the Cedar Rapids and Iowa City Railway Company raCK uwner with principal offices located at Cedar Rapids, Iowa hereinafter referred to as the Company. The Highway Authority and the Company agree on the necessity to repair the at - grade crossing located at the Company's railroad grade crossing of erfront Drive in Iowa City, Iowa General Description and further agree as follows. SECTION I. The Highway Authority and the Company each agree to pay twenty percent of the total cost to repair this crossing. The Rail and Water Division of the Iowa Department of Transportation, hereinafter referred to as the Division agrees the State's Grade Crossing Surface Repair Fund shall be used to pay sixty percent of the total actual and necessary cost to repair this crossing. SECTION II. The Company and the Highway Authority have determined the extent of the repair of this crossing including railway and roadway approach modifications to conform to American Railroad Engineering Association Guidelines and Highway Authority Standards and will complete the repair as soon as possible and within twelve (12}nonths after the Highway Authority authorizes it to proceed. An itemized statement of the work to be performed and its estimated cost is shown in Exhibit "A" attached hereto and hereby made a part of this agreement. All costs eligible for reimbursement must be billed to conform to Section IV of this agreement. The Company will notify the Highway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Highway Authority ample opportunity to document the materials and labor required for the work covered hereunder. SECTION III. The Company and the Highway Authority further agree: X The highway be closed during repair, or The highway will remain open to one -lane traffic during repair, or A highway runaround will be constructed to permit two-lane traffic during repair. r2 yl E If the highway is to be closed, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the actual starting date to allow the Highway Authority to sign and implement the detour. If traffic is to be maintained for either one or two lanes_, the Company shall advise the Highway Authority Contact Person a minimum of fourteen '(14) days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate signs. SECTION IV. The Company will keep an accurate and detailed account of the completed work pursuant to this agreement. Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing and any subsequent reimbursement under this contract shall conform to Federal -Aid Highway Program Manual Volume 1, Chapter 4, Section 3 and statements in the aforesaid reference, for purposes of this agreement, regarding the Federal Highway Administration shall mean Division. SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway Authority shall transmit the billin; to the Division along with a certification of project acceptance and completion (Form 640003), and recommendation for payment. SECTION VI. The Division, upon receipt of the billing shall review, audit, and determine the approved final reimbursable amount. The Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Division shall each process payment to the Company in an amount equal to twenty and sixty percent respectively, of the total approved reimbursable amount. SECTION VII. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and all shall constitute but one and the same original. Uecuted typ40 RAPIDS AND iC1NA UTY RAILWAY COMPANY Company P, 0. Box 1,51 cedar Rapids, lova 52406 Authorizing Agent ww a -;rm Date //Z� 46, '/ B�ce}vL�d & Appraved orizing gent �� a By iia Legal Departr„ent ail and Water Division 4¢ $4� 3 U4 r)tCWJ--4 CJ d-,O&AAAZ-6 ,W%— _.1 /.i . _ +-•A aG iOOr Authorizing Agent (� Date Highway Authority Contact Person Frank K. Farmer Address 410 East Washington Street; Iowa City, Iowa 52240 Telephone No. 319-356-5143 M vaw�an "zb1rA 0 RUILP 1VYYtl 1.11 I ttfuLWAY DE LED LIST OF PROPERTY BE IFS - -STED smeCT No.__ TrtLr OF PROJECT: --- -� -- - ---...0 nEPARED BY __--- Sand Road - Iowa City, Iowa (� �..}� 2-3" track riise QUANIITY ,' _—------- - -- - --- N6*Auto DESCRIPTION OF Irgue E6 iIM ATED CDcr --- I __ _ __ _____ _ _ I QUANTITY UNITCOmT AMOUw LABOR: Section: 10 men for 6 days Shops: 1 man for 2 days MACHINERY/RENTALS Crane Tamper Rent Barricades/Compactor Pickups Large Trucks Pettibone Welder Air Compressor Ballast Car Flat car Labor 506 Overhead Total Lah,lr Total Machinery Total Expenses ScraD Value TOTAL 480 hrs $12/hr 16 hrs $14/hr 4 hours 2 days 1Lot Char 8 days �10 days 1 days 4 days 1 days 2 days 2 days $60/hr $100/day $150 $30/day $40/day $125/day $15/day $35/day $25/day $15/day 5760 224 5984 2992 MAR 240 200 150 240 400 375 60 105 50 1850 18,95E _(400 18,558 MATERIAL: Rail (11225#) 156' $5/ft 780 Plates (11225#) 104 1.50/ea 156 Anchors (11225#) 208 $1/ea 2081 Mud -Rail 312' $1/ft 3121 Welds 2 $80/each 160 Ties 52 $18/ea. 9361 CFabric 1000 sq.f .15/sq. t 150 RI Bars (11225#/85#) 4 prs $275/ea 1100 Xing signal pipe 50' $6/ft. 3001 ^ Spikes/Bolts/Washers l.nt Chary $125 1251 e�. Ballast 30 ton �$5/ton 150' Asphalt 60 ton $40/ton 2400 Material 6777 20� Overhead 1555 Total Material 8132 LABOR: Section: 10 men for 6 days Shops: 1 man for 2 days MACHINERY/RENTALS Crane Tamper Rent Barricades/Compactor Pickups Large Trucks Pettibone Welder Air Compressor Ballast Car Flat car Labor 506 Overhead Total Lah,lr Total Machinery Total Expenses ScraD Value TOTAL 480 hrs $12/hr 16 hrs $14/hr 4 hours 2 days 1Lot Char 8 days �10 days 1 days 4 days 1 days 2 days 2 days $60/hr $100/day $150 $30/day $40/day $125/day $15/day $35/day $25/day $15/day 5760 224 5984 2992 MAR 240 200 150 240 400 375 60 105 50 1850 18,95E _(400 18,558 hh1�' aAIU(I dNCH.-MMlWJ UIVcI3U ONISSOID QVMIVU ':IAV ULV0IIIIIOS TIVDS ON ^_ I p'1ION ef S . AVWIQVW MEL '15= k'IU.L3'IdkW a 4: iribHU S:IMIIRM SII MAL, (IIIJBI'I TIV NIVINIVt4 QNV :K)YId THIS 210MV11IN00 ILL 'S.LIS ML .LV O \ (WIN URSO'D QV02I £ QHSCM QVOU z A'INO OIddVU.L 'I'vool (1HSO'D (Noll T ALIO A6 Q3['Idcl(lS ]�LIJ mu AA �IIIdd[1S SKIS NDMOMUSNOD TIV 30 JlZBC:)Vgd CNV NOLLISOd UadQdd NIVINIVW rYMS HOJ,-N ,LN00 I� Y 21Q SrL•=- County Johnson Road Highland Avenue CROSSING SURFACE REPAIR FUN AGREEMENT State Number 193 AAR-DOT Number 607-308-Y THIS AGREEMENT, made and entered into by and between Ci of Iowa Ci Iowa having primary jurisdiction over the subject public highway, street, or alley hereinafter referred to as the Highway Authority, and the Cedar Rapids and Iowa City Railway Company acK Uwner with principal offices located at Cedar Rapids, Iowa hereinafter referred to as the Company. ,=.Z The Highway Authority and the Company agree on the necessity to repair the at - crossing located at the Company's railroad grade crossing of Highland Avenue in Iowa City, Iowa General Description and further agree as follows. SECTION I. The Highway Authority and the Company each agree to pay twenty percent of the total cost to repair this crossing. The Rail and Water Division of the Iowa Department of Transportation, hereinafter referred to as the Division agrees the State's Grade Crossing Surface Repair Fund shall be used to pay sixty percent of the total actual and necessary cost to repair this crossing. SECTION II. The Company and the Highway Authority have determined the extent of the repair of this crossing includin American Railroad Engineering Association Guidelines and Highway Authority Standards g railway and roadway approach modifications to conform to and will complete the repair as soon as possible and within twelve (12prronths after the Highway tement of the work to be performed and its Authority authorizes it to proceed. An itemized sta estimated cost is shown in Exhibit "A" attached hereto and hereby made a part of this agreement. All costs eligible for reimbursement must be billed to conform to Section IV of this agreement. The Company will notify the Highway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Highway Authority ample opportunity to document the materials and labor required for the work covered hereunder. SECTION III. The Company and the Highway Authority further agree: X The highway be closed during repair, or The highway will remain open to one -lane traffic during repair, or A highway runaround will be constructed to permit two-lane traffic during repair. AWS If the highway is to be closed, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the actual starting date to allow the Highway Authority to sign and implement the detour. If traffic is to be maintained for either one or two lanes, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate signs. SECTION IV. The Company will keep an accurate and detailed account of the completed work pursuant to this agreement. Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing and any subsequent reimbursement under this contract shall conform to Federal -Aid Highway Program Manual Volume 1, Chapter 4, Section 3 and statements in the aforesaid reference, for purposes of this agreement, regarding the Federal Highway Administration shall mean Division. SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway Authority shall transmit the billing to the Division along with a certification of project acceptance and completion (Form 640003), and recommendation for payment. SECTION VI. The Division, upon receipt of the billing shall review, audit, and determine the approved final reimbursable amount. The Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Division shall each process payment to the Company in an amount equal to twenty and sixty percent respectively, of the total approved reimbursable amount. SECTION VII. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and all shall constitute but one and the same original. Executed by:CEDARR AND;GWA GI'( RA;iWA; GOMPAN` Company pany O. Box 3 far Rcaids, !owe ;p6 f??Rl� 3. 3y Authorizing Agenf LEE—LM (Date Hig ay Authority ({J�& Received $ Approved orizing Agent Date $y a ieaal C partmew Rail and Water Division 7 -I3 -8I AAA4•,a-.�-IAA.e, : IAOT _ 44 � w n of S4_ 4.wXi1 MOIL84d ►tom _bt ,Lf.'1 l Authorizing Agent Date Highway Authority Contact Person Address 410 East Washingt Telephone No. 319-356-5143 Frank K. Farmer Street; Iowa City, Iowa 52240 �zd --••••�.... i.000I yr rnvr 1LRTY To Be INVE$`I'r sNcn lio �OHIAq[O w 2-3" traces sacsel Highland Avenue - Iowa City, Iowa QUANTITT INOTALLEO 01tecourTION OF ITiNe I l GSIl,W i Rail (112250) Plate* (112250) Anchor* (112250) Mud -Rail Weld* Ties Fabric Bars (112250/850) Xing signal pipe Spikes/Bolt*/Washers Ballast Asphalt LABORi Sectioni 10 men for 6 days Shopai 1 man for 2 days MACHINERY/RENTALS Crane Tamper Rent Barricades/Compactor Pickups Large Trucks Pettibone Welder Air Compressor Ballast Car Flat Car C Material 20% Overhoad Total Material Labor 50% Overhead Total Labor Total Machinery Total Expenses Less Scrap Valu< TOTAL _. (.__ la.yp�..w.. •. A.. *%"am N41G4"41, TO k I.I.i... .......-. 156' 104 208 312' 2 52 L000 SqF 4 pairs 50' 30 ton 60 ton 0 bra 16 bra 4 hours 2 days of Charg 8 days 10 days 3 days 4 days 3 days 2 days 2 days $5/ft $1.50/ea $1/each $1/ft $80/each $18/each $.15/SqF $275/ea $6/ft. $125 $5/ton $40/ton $12/hr $14/hr $60/hr $100/day i $150 $30/day $40/day $125/day $15/day $35/day $25/day $15/day AMOUNT - 18 010' 156 OC 208 OQ 312 uC 160 00 936 00 150 60 1100 00 300 00 125 00 150 00 6777 uu 1355 40 8132 40 5760 00 224 00 5984 0(1 2992 00 8976 00 240 00 200 00 150 00 240 00 400 00 375 00) 60 00- 105 00_ 50 00 30 00 1850 00 18,958 40 (400 00 18,558 140 BALL TO KIRKWOOD AVE. FIRST ST. SECOND ST. THIRD ST. i . ywy 6 r U Z I I NORTH NO SCALE HIGHLAND AVE. -- SUPPLIED BY CITY �I ROAD CLOSED LOCAL TRAFFIC ONLY 20 ROAD CLOSED Ia3 ROAD CLOSED AHEAD CONTRACTOR SHALL MAINTAIN PROPER POSITION AT THE SITE, THE CONTRACTOR SHALL AND PLACEMENT OF ALL CONSTRUCTION SIGNS�.� PLACE AND MAINTAIN ALL LIGHTED SUPPLIED BY THE CITY. "TYPE II" BARRICADES REQUIRED TO COMPLETELY CLOSE THE ROADWAY. RAILROAD CROSSING REPAIR HIGHLAND AVENUE fi RESOLUTION NO. 84-78 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1984 THROUGH JUNE 30, 1985. 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, 1984, through June 30, 1985, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, 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 byZuber and seconded by Erdahl the Resolution e a op e , 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 ATTEST: fJt� car „� yYYa�,�j CITY CLERK 34. Rnr i rcd Z a.ppravec3 Ay T�;� :zga9 L»rrat't7rpeisP as/9 CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 1984 TO JUNE 30, 1985 0 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 . . . . . . . . . . . . . . . . . 3 Article VII -- Seniority . . . . . . . . . . 4 Article VIII -- Daily and Weekly Hours of Work . . . . . . . . 4 Article IX --,Overtime-Standby . . . . . . . . . . . . . . . . 6 Article X -- Holidays . . . . . . . . . . . . . . . . . . . . . 7 Article XI -- Vacations . . . . . . . . . . . . . . . . . . . . 8 Article XII -- Sick Leave . . . . . . . . . . . . . . . . . . . 8 Article XIII -- Special Leaves . . . . . . . . . . . . . . . . 9 Article XIV -- Lay -Offs . . . . . . . . . . . . . . . . . . . . 12 Article XV -- Training . . . . . . . . . . . . . . 12 Article XVI -- Personnel Transactions . . . . . . . . . . . . . 13 Article XVII -- Shift Transfers . . . . . . . . . . . . . . . . 13 Article XVIII -- Insurance . . . . . . . . . . . . . . . . . . 13 Article XIX -- Equipment . . . . . . . . . . . . . . . . 14 Article XX -- Weapons and Equipment . . . . . . . . . . . . . . 15 Article XXI -- Adequate Facilities . . . . . . . . . . . . . . 15 Article XXII -- Uniforms. . . . 15 Article XXIII -- Duty Outside the'City . . . . . 16 Article XXIV -- Supplemental Employment. . . . . . . . . . . . 16 Article XXV -- Position Classification . . . . . . . . . . . . 16 Article XXVI -- Grievance Procedure . . . . . . . . . . . . . . 17 Article XXVII -- Effective Period . . . . . . . . . . . . . . . 20 Article XXVIII -- Compensation . . . . . . . . . . . . . . . . 20 Article XXIX -- Public Emergency . . . . . . . . . . . . . . . 20 Article XXX -- General Conditions . . . . . . . . . . . . . . . 21 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA 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: 04,-a FA 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. 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. ,253 N 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 ION 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. 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. assn 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 e. Failing to report for work from the City (by United ceipt Requested to last report for work following leave of absence. within fifteen (15) days after notice States Certified Mail with Return Re - known address) notifying him/her to 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. 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. ,ass 5 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. 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 note ie wen y- our (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 0 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 Eaualization 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). 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. 7 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 ours in any one fiscal year and any ex- cess in accumulation over forty (40) hours shall be paid. No overtime shall be carried over from one fiscal year to another and any overtime accumulated at the end of the fiscal year shall be paid. 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. 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 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. ,SSS D 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 Days Earned Per Month 0-5 years I 5-10 years 1 1/4 10-15 years 1 1/2 15-20 years 1 3/4 20 years plus 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. 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. oZ 59 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. b. 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. (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 jobrequiring 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 Injury. Upon application the City may, in addition to any other leave, 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 -21',n 10 b. The medical advisor of the I.C.P.P.B, determines that time off from work is required. If the above provisions are applicabl granted during the remaining time on the shift for a period of two (2) days thereafter if autt If the injured or disabled officer reqs in which to recuperate and return to work, be charged to sick leave or if sick leave absence with pay until a temporary disability I.C.P.P.B. after which determination the sick used for such purpose shall be restored. e, leave with pay will be when the injury occurs and orized by the I.C.P.P.B. ires more than two (2) days any additional absence will is exhausted, to leave of pension is granted by the leave and any other leaves Section 2. Funerals. An officer will be granted up to three (3) days per occurrence wish no Toss 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, 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. Must pay group hospitalization premiums falling due during any month the officer is not on the payroll, if coverage is de- sired. c. Must pay premiums for coverage under the group life insurance plan, if coverage is desired. d. Shall not receive any other job benefits during the period of absence. e. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. Shall not accrue seniority during leaves exceeding thirty (30) days. 11 The Chief of Police may make exceptions to the above conditions (a. through f.) 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 shalreturn to work. Section 5. Witness Fees. An officer shall be granted leave with pay when required to e a sen rom 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- 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 she is medically able to do so. 12 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. 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. r�w� 13 {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 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 14 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. 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. In the policy currently provided coverage does not become effective until ninety (90) days after employ- ment. 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. 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. a65� 15 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. 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 seventy dollars ($70.00) 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. Lk4 16 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. 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. 17 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 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. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a re- sponse to a grievance is not received within the time limita- tion hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. U, g. Steps of the grievance procedure may be waived by mutual con- sent of the parties. h. 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. b. 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 decision 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. 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 a 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. �/9 19 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. 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. ,27D 20 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, 1984, and shall continue through June 30, 1985. 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 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 three and one-fourth percent (3-1/4%) 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.) 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 Section 4. Shift Differential. Officers working the 3 to 11 shift on a regular basis will receive ive (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. ?-71 21 ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. 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 agreem2ht 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: ATTEST: Ict u�,�ci -7K Date: April 10, 1984 POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY BY: BY: Date: ,07.E POSITION TITLE ATTACHMENT "A° POLICE PAY PLAN FY85 (JUNE 30, 1984) MINIMUM 1 40-01 Hr 8.43 Police Officer Biwk 674.40 Ann 17,534.40 MIO -POINT 2 3 4 8.64 10.37 11.36 691.20 829.60 908.80 17,971.20 21,569.60 23,628.80 MAXIMUM 5 12.21 976.80 25,396.80 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: a. 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. Y fL OWA CIT .!L_ WAA� B CITY MANAGER Y Date: ;46—e—e" j li�' Date: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY a 7V RESOLUTION NO. 84-79 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, 1984 THROUGH JUNE 30, 1985. 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, 1984, through June 30, 1985, 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: X Passed and approved this loth NAYS: ABSENT: Ambrisco X_ Baker Dickson Erdahl McDonald Strait Zuber day of April 1984. ATTEST: CITY CLERK °ecrived & Approveu By TL? LeZjai DeC rim_ -:l9 3 zr / _77 CONTRACT BETWEEN CITY OF IOWA CITY "IT LI, CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1984 TO JUNE 30, 1985 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 Leave . . . . . . . . . . . . . . . . . 6 Article VIII -- Holidays . . . . . . . . . . . . . . . . . . . 8 Article IX -- Sick Leave . . . . . . . . . . . . . . . . . . . 9 Article X -- Vacations . . . . . . . . . . . . . 10 Article XI -- Union Activities . . . . . . . . . . . . . . . 11 Article XII -- Uniforms and Equipment . . . . . . . . . . . . . 11 Article XIII -- Insurance. . . . . . . . . . . . . . 12 Article XIV -- Duty Outside the City . . . . . . . . . . . . . 12 Article XV -- Training Programs . . . . . . . . . . . . . . . . 12 Article XVI -- Bulletin Boards . . . . . . . . . . 13 Article XVII -- Personnel Transactions . . . . . . . . . . . . 13 Article XVIII -- Discipline. . . . . . . . . . . . . . . . . 13 Article XIX -- Transfer Procedures . . . . . . . . . . . . 14 Article XX -- Supplemental Employment . . . . . . . . . . . . . 14 Article XXI -- Safety. . . . . . . . . . . . . . . . 15 Article XXII -- Grievance Procedure . . . . . . . . . . . . . . 15 Article XXIII -- General Conditions . . . . . . . . . . . . . . 17 Article XXIV -- Waiver . . . . . . . . . . . . . . . . . . 18 Article XXV -- Savings Clause . . . . . . . . . . . . . . . . . 18 Article XXVI -- Duration . . . . . . . . . . . . . . . . . . . 19 Article XXVII -- Wages . . . . . . . . . . . . . . 19 Article XXVIII -- Other Compensation . . . . . . . . . . . . . 19 �%% PREAMBLE This Contract is entered into by the City of Iowa referred to as the "City" and the Iowa City Association of Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as for the purpose of promoting harmonious and cooperative bargaining between the parties. The parties agree to the following specific provisions: City, Iowa, Professional the "Union", collective "? 7A 2 ARTICLE I RECnGNTTTnN 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, finan- cially 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 connec- tion 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 compensat- ing 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. 3 ARTICLE III NO 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 col- lected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduc- tion upon an individual's default. �R� 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 list with the highest standing. If a person's name 'Al 5 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, financial 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 compen- satory 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. R 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 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 unable to return to the station until received authorization to answer the overtime. In the event that the crew (1 hour 20 minutes) the time in excess nearest one-tenth (1/10) hour and the overtime. out at 6:30 A.M. for a fire and are 7:20 A.M., each crew member who has call will receive one (1) hour of is required to stay until 8:20 A.M. of one hour will be recorded to the employee would receive 1.3 hours of 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 Absence Without Pa . 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 7 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 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. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; c. must pay premium for coverage under the group life insurance plan if coverage is desired; d. shall not receive any other accruals or job benefits during the period of absence; e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The Fire Chief may waive the above conditions (a. through g.) 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. 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 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); 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 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. TFe— 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. E 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 accumulated sick leave on the basis of the employee's current hourly base salary. 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, fa- ther-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. 10 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 mcre 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 accord ing�o t elf-oilowing schedule: Length of Service 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 after July 1 of any year 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) mon s 0 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. ,R87 11 ARTICLE XI ION 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. 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 equipment 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. 12 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. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy currently­—p—r—o—vira-e-d for employees and eligible dependents or its equivalent. When the City changes insurance carriers, it shall meet and confer with the union regarding the benefits of the new insurance plan. 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. 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. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining 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 13 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 TRANSACTIONS 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. 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 14 appeals of disciplinary 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. 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. X91 15 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 recommenda- tions to the Fire Chief on steps to take to prevent a recur- rence. 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. 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 a Union 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 0 16 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. 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 esu mitted 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 R93 17 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. 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 discriminate 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 $6.00 per month for members of the bargaining unit during the life of this acv ku 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.Grocer Bu er. The grocery buyer for each shift may use a City vehicle if avai a e a 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. 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. a q3� 19 ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1984, and June 30, 1985, 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 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 (3) percent at the beginning of Fiscal Year 1985 said adjustment to become effective on the appropriate date as defined in Section 1 above. A copy of the pay plan for FY85 is attached to this agreement as Exhibit A. 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, 1984) and for August, 1984 -November, 1984 -February, 1985 -May, 1985. 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. go 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, 1984, to reflect years of service with the City according to the following schedule: Length of Service on December 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. In addition, a payment of $525 will be made to each permanent full-time bargaining unit employee as of December 1, 1984. In the event that an employee terminates for any reason after December 1, 1984, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, 1985, will return $200 of the December 1 payment. CITY OF IOWA CITY, IOWA Date: April 10, 1984 IOWA CITY ASSOCIATION OF PROFES- SIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY: 6Z"Y"I ;f�gn O BY: Cit 1, Date: `l- J 3.4r POSITION TITLE 35-01 Fire Fighter* 36-01 Fire Lieutenant* 37-01 Fire Captain* *56 hour work week ATTACHMENT "A" FIRE PAY PLAN FY85 MID -POINT 3 6.85 767.20 19,947.20 8.51 953.12 24,781.12 9.26 1,037.12 26,965.12 MAXIMUM 4 5 MINIMUM 7.13 1 2 Hr 6.29 6.56 Biwk 704.48 734.72 Ann 18,316.48 19,102.72 Hr 7.79 8.12 Biwk 872.48 909.44 Ann 22,684.48 23,645.44 Hr 8.51 8.86 Biwk 953.12 992.32 Ann 24,781.12 25,800.32 MID -POINT 3 6.85 767.20 19,947.20 8.51 953.12 24,781.12 9.26 1,037.12 26,965.12 MAXIMUM 4 5 6 7.13 7.45 7.79 798.56 834.40 872.48 20,762.56 21,694.40 22,684.48 SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, 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: a. 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. 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. CIP OF WA CIT By : T MANAGER Date: IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610 By: 6 -?U- ., Qa g &6' RREES`IULNT Date: N— Z — 8 6 RESOLUTION NO. 84-80 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BRIAR RIDGE, PARTS I -III, AND THE FINAL PLAT OF BRIAR RIDGE, PART I, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Dr. William and Helen Panje, et al, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Briar Ridge Subdivision, Parts I -III, and the final plat of Briar Ridge Subdivision, Part I. 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 plat 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 the plats be accepted and approved and are in compliance with Rural Design Standards; 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 plat of Briar Ridge Subdivision, Parts I -III, and the final plat of Briar Ridge Subdivision, Part I, are hereby approved. 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 plats and of the preliminary and final plats after passage and approval by law; and the owner/subdivider shall provide for the recording of the final plat at the office of the County Recorder of Johnson County, Iowa. It was moved by Zuber and seconded by Baker the Resolution be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: Ti X X X X X Passed and approved this 24t Ambrisco Baker Dickson Erdahl McDonald Strait Zuber ATTEST: 1y�„� CI EERK Rowived & Approved By The Legal Deparhmnt fey r� 1�n �w RESOLUTION NO. 84-81 RESOLUTION APPROVING THE FINAL PLAT OF OAKES THIRD ADDITION, A SUBDIVI- SION OF IOWA CITY, IOWA. WHEREAS, the owner, Dean Oakes, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Oakes Third Addition, legally described in "Exhibit A" attached; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same contingent upon provision of an agreement and a note on the plat deferring developments of Lots 7-10 in accordance with the Northeast and East Iowa City Development Moratorium Policy; and WHEREAS, the final plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plat be accepted and approved with said contingency; and WHEREAS, the note on the plat and the agreement cited above have been signed and submitted to the City of Iowa City by Dean Oakes; and WHEREAS, the final plat is found to conform with 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 Oakes Third Addition is hereby approved; and 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 plat and of the final plat after passage and approval by law; and the owner/subdivider shall record the plat and all legal docu- ments at the Office of the County Recorder of Johnson County, Iowa. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: X X X X Passed and approved this 24th ATTEST: CITY' CLERK NAYS: ABSENT: r$i Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 1984. aace«ved 8, Approved By The Legal Qe artnxnt 136( EXHIBIT A Commencing as a point of reference at the No-thwest ccrner of Section 2, Township 79 North, Ranae 6 'West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence East 2,213.6 feet along the Northeriy line of the Northwest quarter of said Section 2 as Shown on the ql It 'e,Crded in Johnson County Recorder's Office, Plat Record 3ook 12, page d0, to a point (this is an assumea bearing for purposes of this description only); thence South 1017' west 148.0 feet as shown on said plat recorded in Johnson County Recorder's Office, Book 12, Page 80, to a point; thence South 2043' East 398.6 ,feet to a point of intersection with the centerline of Dubuque Road as shown on said plat recorded in Boot 12, Page 80; thence South 62048' West 377.0 feet along said centerline of Dubuaue Road to a point of intersection with the Southerly line of the Northeast quarter of the Northwest quarter of said Section 2, as shown on said plat recorded In Book 12, Page 80; thence North 89078'42• West 812.41 feet along said Southerly line of the Northeast quarter of the Northwest quarter and the Southerly line Of the Northwest quarter of the Northwest quarter of said Section 2, also being the Southerly line of Dean Oakes First Addition to Ida City, Iowa, as recorded in Johnson County Recorder's Office, Book 15, Page 22, to the Southwesterly corner of Lot 20 and also the point of beginning; thence continuing North 89008'42' West 665.64 feet along said Southerly line of the Northeast quarter of the Northwest quarter and the Southerly line of the Northwest quarter of the Northwest quarter of said Section 2 t0 a point of intersection with the Reginald Hahn property; thence North 0051'18• East 569.94 feet along the said Reoinaid Hahn property and said property extended Northerly to a point•, thence North 89008'42• West 58.51 feet to a point; thence North 4042'27' East 365.49 feet to a point; thence South 84059'72' East 345.CO feet to a point; thence North 87014'18' East 260.00 feet to a point: thence South 4}04804' East 260.00 feet to a point; thence South 70001'56' East 185.00 feet to a point; thence South 240.00 feat to a point at the Northeasterly corner of.Lot 15 of said Dean Oakes First Addition; thence West 125.00 feet along the Ncrtherly lines of Lots 15, 16 and 17 of said Dean Oakes First addition, to a point; thence South 57,0 00'00" West 325.00 feet Ilona the Northwesterly line of _at 1? and said Nortnw-sterly line easended Southwesterly aro the Nortnweste-ly line of Lot :3 of Salo Dean fakes First Additicn to a point; thence South 33000'70" East 100.00 feet along the Sout'iwesterly line of said Lot :3 of said Dean Oakes First addition to a paint; thence South 43 00109" East 100.00 feet alone the Soutnwesterly line of Lot 19 of said Dean Oakes First Aadi:ion to a point; thence South 105.69 feet along the Weste,ly ;ine of Lot 20 of Sala Dean Oakes First Addition to a point if into -section with the said Southerly line cf the Northeast quarter of the Northwest quarter 3.nd the °cutnerly line of the Nortnwest :Jd^ e• of the 'iertnwes: qua,*2r of Sala Section 2 and the point cf heq ening, subject to easements of reccr- The area of tn;s described parcel is :5.95 icrns, more or less. '3 na RESOLUTION NO. 84-82 RESOLUTION AUTHORIZING THE FILING OF A GRANT AMENDMENT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the City of Iowa City has entered into a grant agreement with the Urban Mass Transportation Administration to purchase transit coaches and other equipment, and WHEREAS, adequate federal and local funds exist to allow the purchase of two additional transit coaches, and WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provision of the local share of project costs, and WHEREAS, it is required in connection with filing of an application 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 that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to assure that minority business shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY: 1. That the City Manager is authorized to execute and file a grant amendment on behalf of the City of Iowa City with the U.S. Department of Transpor- tation to aid in the financing of two 40 -foot transit coaches. 2. That the City Manager is authorized to execute and file with such grant amendment an assurance or other documents 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 is authorized to furnish such additional informa- tion as the U.S. Department of Transportation may require in connection with the application for the project and subsequent grant amendment. 4. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. C Resolution No. 84-82 Page 2 It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 24th ATTEST: Z'T`C4� -4/. y��l J ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Of Anril 1984. calf iyed 3. Q?pravM 8Y Tha Legal Derailt;�e-t; RESOLUTION NO. 84-83 RESOLUTION TO PROTECT THE INTEGRITY OF THE IOWA CITY BROADBAND TELECOM- MUNICATIONS NETWORK AND CABLE TV FRANCHISE WHEREAS, the City of Iowa City, upon approval of the voters of the City of Iowa City, entered into a franchise agreement for cable TV delivery services with a cable operator on terms acceptable to both the City and cable operator; and WHEREAS, the City of Iowa City has no broadcast TV stations within its city limits and one cable company is now the non-exclusive franchisee in Iowa City; and WHEREAS, the presence of a strong role by the City of Iowa City in overseeing the franchise agreement to ensure quality pictures and services at fair prices will enhance promotion, facilitation, utilization and appropriate use of all the community access channels and the institutional loop; and, WHEREAS, it is essential that local control be preserved in order to assure that the contractual obligations of both the City of Iowa City and the cable operator are carried out in the best interests of the residents of the City of Iowa City; and WHEREAS, the United States House of Representatives has and is deliberating on federal cable television legislation, presently known as HR4103, which, if enacted in its suggested form, will seriously interfere with the contractual rights freely entered into by the City of Iowa City and the cable operator; and WHEREAS, the City Council of Iowa City is the ultimate decision making body regarding cable TV in Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the City Council of Iowa City fully endorses the position of the National League of Cities in opposition to HR4103 and supports its efforts to achieve cable legislation consistent with the goals set forth in the Cable Resolution adopted by the membership of the NLC at its annual business meeting held on November 30, 1983, in New Orleans, Louisiana. Section 2. That this resolution be sent to members of the Iowa Congressional Delegation, the NLC, the National Federation of Local Cable Programmers, members of the House Energy and Commerce Committee, and to our Congressional Representatives. ,;i0_5_ Resolution No. g, ; Page 2 It was moved by Zuber and seconded by Dickson the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X X X --T— T— Passed and approved this 24th Ambrisco Baker Dickson Erdahl McDonald Strait Zuber ATTEST: }2712,419") -'e. -e� CIT CLERK 34. Re<elvec! & Approved DY T ^ Legal Department 30(0 p RESOLUTION NO. 84-84 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO PROVIDE ENGINEERING SERVICES WITH STANLEY CONSULTANTS TO RESOLVE THE LEACHATE PROBLEM AT THE SANITARY LANDFILL WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Stanley Consultants a copy of said agreemen tt being aached 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 with Stanley Consultants to provide engineerin services __required to resolve the leachate problem at the sanitary landfill 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 Stanley Consultants 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 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 24th day of ATTEST: ril 19 84. tha t The -V' vwQ BY T she Legal Qeak3rhtizent oy, ,-qn-7 AGREEMENT This Agreement, made and entered into this24th day of Anril _-, 1984 by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Stanley Consultants, Inc., Muscatine, Iown, 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. Such contract for services shall be subject to the following terms and conditions and stipu- lations, to -wit: The Consultant 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 their race, color, religion, sex, national origin, disability, age, martLal status or sexual orienta- tion. I. SCOPE OF SERVICES d451 The City of Iowa City desires to comply with an Administrative Order issued by the Iowa Department of Water, Air, and Waste Management (IDWAWM) dated January 20, 1984, and take remedial action to control or eliminate leachate seepage to the receiving stream at the Iown City Landfill, hereinafter referred to as the Project. The Consultant's basic services shall consist of the phases described below and include engineering, geotechnical testing, sampling, gauging and laboratory testing services. It is understood the area of study shall be limited to the FY72-FY81 refuse cells as identified in Exhibit A. A. Investigation and Recommendation Phase The services for the Investigation and Recommendation Phase shall include but not necessarily be limited to the following: 1. Prepare a schedule for completion of the study, design, and construction of a leachate control facility. Submit the schedule to the City and IDWAWM for approval. 2. Contact IDWAIJM to determine requirements in effect at the time affecting the Project, Including necessary permits and approvals. The Consultant shall prepare permit applica- tions and assist the City in obtaining necessary permits. 3. Obtain available data from appropriate sources such as soils maps, geological maps, hydrogeologic data, topo- graphic maps, water quality test reports, previous geotech- nical investigations and reports, existing plans, specifi- cations, and field notes relating to landfill construction, plan of operation, and other available material that pro- vides information on the area of study. 4. :take a thorough inspection of the landfill site including undisturbed areas, current operations, and those cell areas previously completed and closed. 1 d451 5. Conduct interviews with City staff and operators to gather information and data regarding landfill development and op- erational practices. Specific areas of concern will empha- size cell preparation procedures, treatment of unsuitable soil conditions, and final cover placement and cell closing and management practices. 6. Review past remedial efforts by the City to correct the leachate problem. 7. Prepare a Plan of Study presenting the requirements and procedures to more fully develop baseline data relating to the site soils and geohydrology and to investigate and assess previous landfill operations. The Plan of Study will be based on data gathered from the previous work tasks and will present a detailed program for 1) the number and location of recommended monitoring wells, 2) layout of soil borings and requirements for geotechnical testing and anal- ysis, 3) recommended program for the gauging, sampling, and laboratory testing of leachate flows, and monitoring well samples, and 4) recommend procedures to determine hydraulic gradient/flows and direction of the leachate within the landfill. The Plan of Study will be developed to specifi- cally address the following: a. Investigate and determine sources of water inflow into the landfill through surface penetration, perched water, and groundwater. b. Determine the presence of perched leachate and monitor gas pressure within the landfill. C. Determine the relative degree of saturation within the landfill. d. Determine the volume and characteristics of leachate flow from the study site. 8. Prepare ten (10) copies of the Plan of Study and provide to the City. The Consultant will meet with the City and IDWA:N to discuss and review the Plan of Study for comment and concurrence before undertaking the subsequent work tasks included in this phase of work. 9. Provide services necessary to implement and conduct the required monitoring, [estinl;, and analysis identified in the approved Plan of Study. The Consultant will prepare permit applications and assist the City in obtaining neces- sary permits from IDWAWM as required for boring activities. 10. The Consultant will review new data obtained and present a letter report to the City and IDWAWM summarizing the moni- toring, testing, and analysis program and the evaluation of results obtained. 11. Based upon existing data and the results of the field test- ing program, develop and evaluate alternative remedial methods and costs for resolving the leachate problem. Both long-term preventive measures and collection/treatment al- ternatives will be considered. Meet with the City to review and screen those alternatives to be further devel- oped and evaluated. 12. Prepare a Draft Report for submittal to the City presenting alternatives considered, schematic design for each alterna- tive, expected degree of reliability, life expectancy, and initial capital costs and 06M costs associated with each alternative. A recommended course of action with suppor- tive documentation will be developed and presented. 7 30 13. Present recommendations regarding future landfill expansion to provide for minimizing Leachate problems and meeting regulatory guidelines. 14. Meet with the City and IDWAWM to present and review the Draft Report. Ten (10) copies of the Draft Report will be provided. Comments made by the City and IDWAWN will be addressed by the Consultant. Twenty-five (25) copies of the Final Report will be prepared and submitted to the City. B. Design Phase After City approval of the Final Report and anticipated con- struction costs and upon written notice from the City to pro- ceed, the Consultant shall begin the Design Phase which shall include: 1. Preparation of detailed contract drawings; 2. Preparation of specifications and contract documents. The contract documents shall meet all requirements of the City's affirmative action and equal opportunity program; the Consultant shall coordinate with the City's Human Rela- tions Department to insure that said contract documents so comply; 3. Furnishing the City with two (2) copies of the specifica- tions and contract drawings for a final review by the City. The Consultant shall obtain project approval from IDWAWN after initial City review and approval; 4. Preparation of a final estimate of anticipated construction cost upon final approval by the City of the final design, plans, and specifications; 5. Conducting periodic meetings with City personnel and IDWAWM Engineers to review design plans and specifications; 6. Assisting the City in securing bids; the City shall provide bid documents to the contractors, using reproducibles pro- vided by the Consultant; 7. Assisting in the tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts; S. Assisting in the preparation of the formal documents for the award of the contracts; 9. Reviewing detailed construction drawings and shop and erec- tion drawings submitted by contractors for general compli- ance with design concept. C. Special Services The Consultant shall advise the City during construction rela- tive to this project, and shall provide the following special services: I. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; 2. Review laboratory reports, materials, and equipment; 310 3. Hake periodic visits to the site to observe as an experi- enced 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 of construc- tion selected by contractor(s) or the safety precautions and programs incident to the work of contractor(s). His efforts shall be directed toward advising the City that the completed project conforms to the Contract Documents. During such visits and on the basis of his on-site observa- tions 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 recom- mend disapproval or rejection of work failing to conform to the contract documents. Such site visits are not intended to substitute for technical observations by an on-site resident inspector employed by the City. The Consultant shall not be responsible for any failure of contractor(s) to carry out the day-to-day work in accordance with the construction contract(s). 4. Issue a final inspection report to the City and IDWAWM upon completion of the project. Upon request the Consultant agrees to assist the City as expert witness in litigation arising from the development or construc- tion of the project and in hearings before various approving, and regulatory agencies. II. TINE OF COMPLETION The Consultant shall complete each phase of this project within the times listed below: Investigation and Recommendation Phase - 120 days after signing of this contract. Design Phase - 60 days after approval of the Final Report and receipt of written notice to proceed from the City. Construction Phase - The Consultant shall include appropriate con- structlon t1mes In the job specifications. III. GENERAL TERMS A. Should the City terminate the contract, said Consultant shall be paid on the basis of the schedule of fees and charges for pro- fessional services as herein attached as Exhibit B and by this reference made a part hereof, for all work and services per- formed up to the time of termination. However, such sums shall not exceed the "not to exceed" amount listed in Section IV. The City may terminate this agreement upon seven (7) days' written notice, to the other party. 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. B. This agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no as- signment shall be made without the written consent of all parties to said agreement. C. Consultant agrees to indemnity and hold harmless the City of Iowa City, its officers, employees, and agents against any lia- bility or claim of damages arising out of the negligent acts, errors, or omissions of the Consultant, his employees, or agents. d451 311 311 d451 D. It is understood and agreed that the retention of the Consultant by the City for the purpose of said project shall be exclusive but the Consultant shall have the right to employ such subcon- sultants as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, in- surance, and all clerical detail involved in the employment of such subconsultants. E. 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 reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this agreement shall per- form contrary to any state, federal, or county law or any of the ordinances of the City of Iowa City, Iowa. G. Michael Hunztnger and Henry Mann of the Consultant shall attend such meetings of the City Council relative to the work set forth in this contract and as may be requested by the City. Any re- quirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. H. The Consultant 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 Consultant pursuant to this agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this agreement. The Consul- tant shall not be liable for use of such documents on other projects. I. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. J. The City agrees to tender to the Consultant all fees and money in accordance with the schedules attached as Exhibit B except that failure by the Consultant to satisfactorily perform in ac- cordance with this agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this agreement. K. Should any section of this contract be found invalid, it is agreed that all of its sections shall remain in full force and effect as though severable from the part invalid. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproduci- ble copies for their filing use. M. Direct personnel costs for th defined as the Consultants shall, upon demand, furnish copies thereof. purpose of this contract shall be Standard Time Rates. Consultant receipts therefore or certified N. Records of the Consultant's direct personnel expense, subcon- sultant expense, and reimbursable expenses pertinent to the project, and records of account between the City and the Consul- tant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutu- ally convenient times. 9 X31 ;� 0. Reimbursable expenses include expenditures made by the Consul- tant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: I. Expense of transportation and living when traveling in con- nection with the project, for long distance calls and tele- grams. 2. Expense of word processing, printing of reports, and repro- duction, postage, and handling of drawings and specifica- tions, including copies for Consultant's office use. 3. Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for subconsultants employed with the City's approval for services associated with this contract. P. The Consultant shall assist and be present for any preparation of letting or analysis of contract dealing with said project. Q. The Consultant agrees to use its best efforts to perform the work specified and all obligations under this agreement within the agreed not -to -exceed amount and that the Consultant's per- sonnel will make every effort to keep the project on schedule and on budget. However, if changes occur in the Consultant's Scope of Services, or anticipated level of effort required to perform the scope of services, then, in that event, a Supplemen- tal Agreement may be requested by either party. R. The City shall make all provisions for the Consultant to enter upon public or private land for the Consultant to perform his work under this Agreement. S. The City shall examine all 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. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: Investigation and Recommendation Phase - The Consultant shall be paid upon 2.0 x Direct Personnel Expense, plus Reimbursable Expenses. The total fee for the Investigation and Recom- mendation Phase shall not exceed $44,800 including Reim- bursible expenses. The total fee includes an allowance of $15,000 for providing soil borings and associated analysis and installing sampling and moniLoring wells as ontllnod in Exhibit C. Additional costs for soil borLngs and samp- ling and monitoring wells, should they he incurred, will be paid for as a Special Service. Design Phase - Due to the difficulty of determining the exact scope of the work prior to completion of Investigation and Recommendation Phase; Design Phase fees shall be negotiated after completion and acceptance of the Investigation and Recommendation Phase. Special Services - The total fee for each requested duty shall be established before the beginning of that task. The Direct Personnel Expense of all personnel classifications asso- ciated with this project shall be attached as Exhibit B. The City agrees to reimburse the Consultant for reimbursable expenses listed in Item III.O in accordance with Exhibit B. The Consultant shall furnish receipts of all outside expenses upon request. d451 3!3 All fees shall be billed and due payable monthly. With each billing the Consultant shall list the individual classification, the hours worked, and the Standard Time Rate. Billing shall be broken down into the following categories: Investigation and Recommendation Phase Design Phase Special Service (detailed) All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the ideals of the Engineering and Architectural Profession. It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any part to this Agreement. FOR THE CITY: d451 7 FOR TIIE CONSULTANT: i�-CC ATTEST: 11551 S ,iw r 5&- 2C -r! 27' Received & Approved By the Legal De arhnent 3ry aNZ 3IS annlnii D MSTANLEY CONSULTANTS Standard Time Rates and Charges Fiscal Year 1984-85 I. Compensation for office -based personnel located in the contiguous United States for time used in the performance of the work shall be in accordance with the following Standard Time Rates plus 100% of these Standard Time Rates: Classification Hourly Rate Classification Hourly Rate SC -1 6.90 SC -8 21.20 SC -2 6.30 SC -9 24.05 SC -3 9.55 SC -10 27.20 SC -4 11 45 SC -11 31 45 SC -5 13.60 SC -12 37.15 SC -6 16.05 SC -13 48.50 SC -7 18.70 SC -14 59.00 Travel time in the interest of the work and away from the assigned office. either local or intercity. will be charged'n accordancewith theforegoing schedule. When traveling by public Carrier. the maximum charge will beeight hours per day II Compensation for items of expense and other charges incurred in connection with the performance of the work shall be in accordance with the following schedule Commercial and Charter Travel Net Cost SC Car S 0.25/mile Personal Car S 0.20/mile Four-wheel Drive Vehicles S 0.35/mile Computerized Specification System S 9.75/unit Automated Word Processing S 6.50/unit Computer -Aided Drafting and Design S45.00/hour Typewriter -Aided Lettering S 6.25/unit Phototypography 5 7.50/unit Living Expenses (away from assigned office) At Cost Telephone and Telegraph At Cost Equipment Rental At Cost plus 10616 Laboratory Work At Cost plus t06,6 Soils Testing and Analysis At Cost plus 100/6 Outside Photographic Work At Cost plus 10616 Duplicating Work (schedule supplied upon request) Technical Testing and Surveying Equipment (schedule supplied upon request) Standard Drawings and Guide Specifications (schedule supplied upon request) III Compensation for data processing system use shall beat the applicable unit cost Compensation for use of proprietary computer programs shall be as a surcharge rale applied to the data processing system charges. Compensation for outside computer system services shall be at net cost plus a surcharge rate to cover data communication costs. Compensation for programming. data entry. and consultation shall be in accordance with Article I above (Schedule supplied upon request.) IV. Compensation for purchases. items of expense. and other Charges not scheduled above. incurred in connection with the performance of the work. shall be at cost. V. Charges are subject to revision on or after March 31. 1985 Form A 84-85 '31 EXHIBIT C The following is an estimated effort relating to providing soil borings and associated analysis and installing sampling and monitoring wells. Item 1. Field work to be completed in 40 hours. Crew to include 1 engineer and 2 support personnel with truck -mounted rig and 1 support vehicle. Item 2. Drill 5 soil borings around perimeter of FY72-FY81 area 1n unexcavated material. This will include 3 borings at 35 ft. and 2 borings at 50 ft. This will include installation of 5 peizometer wells. Obtain continuous split spoon sampling. Item 3. Drill 12 borings through fill areas. This will include 1 boring at 15 ft, 4 borings at 20 ft., 3 borings at 25 ft., 3 borings at 35 ft., and 1 boring at 50 ft. Item 4. Obtain visual classification of material from each boring. An average of 8 classifications per boring is assumed. Item 5. Obtain sieve analysis of material obtained from 5 borings described in Item 2. An average of 2 sieve analyses per boring is assumed. Item 6. Obtain and analyze disturbed samples from 12 borings des- cribed in Item 3. An average of 4 samples per boring is assumed. Item 7. Prepare soils report presenting results of field investi- gations, laboratory analysts, and recommendations. Summary 1. Field work 2. Soil borings (5 each) o Continuous sampling o Piezometer o Piezometer o Visual classification o Sieve analysis 3. Borings through fill areas (12 each) o Auger drilling o Disturbed samples o Visual classification o Piezometer o Piezometer 4. Seal boring holes 5. Prepare Soils Report 40 hrs. 205 LF 205 LF 5 Ea 40 Ea 10 EA 488 LF (Includes 50% increase 48 Ea for moving boring to avoid obstructions) 96 Ea 325 LF 12 Ea 31.7 RESOLUTION NO. 84 -8 5 RESOLUTION APPROVING COMPENSATION FOR STORM SEWER EASEMENTS FROM RAY SLEZAK AND AAGE AND EVELYN JENSEN FOR THE 1984 SPECIAL PAVING ASSESSMENT PROJECT - TANGLEWOOD STREET/VENTURA AVENUE WHEREAS, it is in the public interest to construct paving and.storm sewer improvements in the Tanglewood Street/Ventura Avenue area in Iowa City, Johnson County, Iowa; and WHEREAS, it is necessary to acquire a storm sewer easement owned by Ray Slezak with just compensation set at $2,000 and it is necessary to acquire storm sewer easements from Aage and Evelyn Jensen with just compensation set at and amount equal to their project assessment. The Jensen's preliminary assessment is $4,836.97. See attached plats. 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 permanent storm sewer easements between the City of Iowa City and Ray Slezak and Aage and Evelyn Jensen as owners of said properties for the purposes of the storm sewer easements. It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ADIBRISCO X BAKER X DICKSON X ERDAHL X ?4CDONAT.D X STRAIT X ZUBER Passed and approved this 24th day of April 1984 ATTEST:��„,t �f-) -A"I -!�,J CITY CLERK Received 8, Approves} aY ThY Legal D rhnenf PERMANENT STORM SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Ray Slezak, hereinafter referred to as "OWNER," and the City of Iowa City, Iowa, a municipal corpora- tion, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: 1. For and in consideration of the sum of $2,000, receipt of which is hereby acknowledged, OWNER hereby grants and conveys to the CITY, for itself and for the use and benefit of the public, a permanent easement for the purpose of constructing and maintaining a storm sewer in the area described in "Exhibit A" attached hereto and incorporated by reference herein. 2. The OWNER hereby covenants that he is lawfully seized and possessed of the real estate described above, and that he has a good and lawful right to convey this easement. 3. The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the storm sewer. 4. The CITY shall have the right to trim and remove all trees and bushes which may interfere with the use of the storm sewer or the exercise of the CITY's rights pursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OWNER. 5. 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 OWNER. 5. The OWNER reserves the right to use the real estate above-described for purposes which shall not interfere with the CITY's or public's full enjoyment of the rights granted in this Easement; provided, however, that the OWNER shall not erect or construct any obstruction within the easement, nor shall OWNER allow or cause any fill or cut over said easement. 7. The CITY agrees to promptly repair any damages it may cause within the area subject to the easement. 8. The CITY shall indemnify OWNER 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 for repairs and/or maintenance. 9. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove- nants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. Dated this 1Z_ day of 1984. na -,n�,� -/7t�4j City Clerk Received & Approved non 9 8S/ .319 STATE OF IOWA COUNTY OF JOHNSON On this day Notary Public i appeared the identical per?. — and acknowledged f SS: of 1984, before me, the undersigned, a and for the State o Iowa, County of Johnson, personally �� , to me known to be On(s) r6bed in and who executed the foregoing instrument hat they executed the same as their voluntary act and deed. Notary 'PubTic/in and for f4zA State of Iowa My commission expires 6 Z�'?y _ A, STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this 24th day of Anril A.D., 1984, before me, the under- signed, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr , to me personally known, who, eing y me duly sworn, did say that they are the Mayor andCit Clerk respectively, of said municipalcorporation executing t e wit in 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 John McDonald and Marian K. Karr as such officers acknowledged the execution of said ins rumen to e t e vo untary act and deed of said municipal corporation, by it and by them voluntarily executed. Notaryb"�PubF &aand County and State 3,:� G Beginning on the S line of Lot 8, Yocum Subdivision 16.62' westerly of the SW corner, thence S52001'11 52.73', thence S37059'E 20', thence N52001'E 79.27' to the S line of Yocum Subdivision, thence S89001'W 33.23' along the S line of Yocum Subdivision to the point of beginning all being in the NE14 of the NW'; of Sec. 3, Twp. 79, N of R6W, west of the 5th P.M. RAY SLEZAK 3�ai� 0 O O 3 LOT 8 J O z LOT 9 a r Se 0,�3 .0 °01,W I i <� hy90 �� 1 419.10. F v R 41910, SCALE SW NE�COR.OF /4. NW1/� DESCRIPTION OF ENTIRE TRACT: Beginning 478.5' S of the NW corner of the NE'4 of the NW'-; Sec. 3, Twp. 79, N of R6W of the 5th P.M.; running thence E 419.10' to intersect the land of James Drizhal; thence S 841.50' to the S line of the NE', of the NW14; thence W on said line to the SW corner of said NE14 of the NW'; of Sec. 3, hap. 79, N of R6W, W of the 5th P.H.; thence N 841.50' to beginning. PERMANENT EASEMENT DESCRIPTION Beginning on the S line of Lot 8, Yocum Subdivision 16.62' westerly of the SW corner, thence S52001'11 52.73', thence S37059'E 20', thence N52001'E 79.27' to the S line of Yocum Subdivision, thence S89001'W 33.23' along the S line of Yocum Subdivision to the point of beginning all being in the NE14 of the NW'; of Sec. 3, Twp. 79, N of R6W, west of the 5th P.M. RAY SLEZAK 3�ai� TEMPORARY CONSTRUCTION EASEMENT THE UNDERSIGNED, being the owners of the following described real estate to -wit as described in Exhibit "A" attached to this easement and by this reference made a part hereof. It is hereby agreed as follows: For and in consideration of a waiver by the City of any special assessment payable by Owners in connection with the 1984 Special Paving Assessment Project (Tanglewood Street -Ventura Avenue) of the City, the receipt of which is hereby acknowledged, do hereby grant and convey to the City of Iowa City, Iowa, an easement and right of entry and encroachment over the above-de- scribed real estate, for the purposes of construction of street improvements of Tanglewood Street -Ventura Avenue in the City of Iowa City, Iowa. This grant conveys to the City of Iowa City, Iowa, its agents and employees and contractors employed by the City for the construction of said improve- ments the right to enter and encroach upon the real estate described for the period of construction of the improvement and is for the purpose of install- ing the street improvements or structures related thereto and may include storage of equipment or materials on said real estate and also includes the preparation of a suitable seedbed on private property and the fertilization and seeding of disturbed areas all as provided in the plans and specifica- tions of said project. It being understood that the City of Iowa City, Iowa, by accepting this grant of easement, right of entry and encroachment, agrees to fine grade said real estate per the plans and specifications and to prepare a suitable seedbed on said real estate and that in the event any additional damage is caused to said real estate by the negligence of the City of Iowa City, Iowa, or its employees that said damage will be repaired or compensated. Dated at Iowa City, Iowa, this24rh day of Anri1 , 1984. STATE OF IOWA ) SS: COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA n McDonald, Mayor ATTEST: C Clerk On this ll j� day of , 1984, before me, the undersigned, a Notary Public in ad for a State o 1 0 County of Johnson, personally appeared , to me known to be the identica er n s named to angr w executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. �QA. l�em � ;C /I i o Notary Publ' in an for a State of Iowa My commission expires 4�-'��—,?(o A Llpprovea " •s �c: ii:� ie�aI Drhne 3�- STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this 24th day of April , A.D., 1984, before me, the under- signed, a Notary Public in an for the State of Iowa, personally appeared IQMcDonald and Marian K. Karr , to me personally known, who, being by me du y sworn, did say tat they are the Ma or and Cit Clerk respectively, of said municipal corporation executing a wit in an oregoing 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 John McDonald and Marian K. Karr as such officers acknowledged tha execu ion o said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Pub ,tc in ana tor ­!Mid County and State E -04/f N I�EN'TURA AVE N SCALE: 1"c50' T � 176.19 t �1 _ 35� LpT 2 10' CoNsrr+ucrroNl%_ EASEM£Nr N 11% $ 64'4 2) 7® t5�•64 DESCRIPTION OF ENTIRE TRACT Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NW in Sec. 3-79-6W of the 5th P.M. EASEMENT DESCRIPTION The northerly 15' of the westerly 701, the northerly 35' of the easterly 100' of the westerly 170' and the northerly 60' of the easterly 78.03' of Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NWS in Sec. 3-79-6W of the 5th P.M. AAGE 8 EVELYN JENS. 3a Y PERMANENT SANITARY AND STORM SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Aage and Evelyn Jensen, hereinafter referred to as "OWNERS," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: 1. For and in consideration of a waiver by the City of any special assess- ment payable by OWNERS in connection with the 1984 Special Paving Assessment Project (Tanglewood Street -Ventura Avenue) of the City, the OWNERS hereby grant and convey to the CITY, for itself and for the use and benefit of the public, a permanent easement for the purpose of constructing and maintaining sanitary and storm sewers in the area described in "Exhibit A" attached hereto and incorporated by reference herein. 2. The OWNERS hereby covenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement. 3. The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary and storm sewers. 4. The CITY shall have the right to trim and remove all trees and bushes which may interfere with the use of the sanitary and storm sewers or the exercise of the CITY's rights pursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OWNERS. 5. 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. 5. The OWNERS reserve the right to use the real estate above-described for purposes which shall not interfere with the CITY's or public's full enjoyment of the rights granted in this Easement; provided, however, that the OWNERS shall not erect or construct any obstruction within the easement, nor shall OWNERS allow or cause any fill or cut over said easement. 7. The CITY agrees to promptly repair any damages it may cause within the area subject to the easement. 8. 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 for repairs and/or maintenance. 9. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove- nants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. Dated this 24th day of April , 1984. CITY OF IOWA CITY, IOWA I—MOki n McDoayor ATTEST: City Clerk ,.�, Apt+ro.ns� STATE OF IOWA COUNTY OF JOHNSON On thisday of Notary Pu c in an appeared the ident c ca r and acknowledged t at SS: 1994, before me, the undersigned, a Pnd Cate of- Igaa,�County of Johnson, known to � tet,, a,, /a in on. to me known to be named in ano wV executed the foregoing instrument ey executed the same as their voluntary act and deed. Notary Publign and for t& State of Iowa My commission expires 6 STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this 24th day of A ril A.D., 1984, before me, the under- signed, a—Flotary Public in an or a Sta a of Iowa, personally appeared varia Dowarrsu and Mcers . Karr me personally known, who, men, di ey are thMayor ctively, oaid munici'pl corporationthan oretrument to ch this is attached, that affeto is tf said munial corporation; that said t w(and sebehalf of smunicipal corporation by of Councilt the saidJohn Mc➢onald and Kas sers acknowledged the execution of said ns rumen to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Pub is in and f& said County and State N " SCALE: I "a 50' VE UTN RA AVE DESCRIPTION OF ENTIRE TRACT Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NW?, in Sec. 3-79-641 of the 5th P.M. PERMANENT EASEMENT DESCRIPTION That part of Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NW4 in Sec. 3-79-6W of the 5th P.M. described as folIOws: Coronencing on the north line of said Lot 2, 45' west of the NE corner; thence easterly 45' to the NE corner; thence southerly 60' along the east line of Lot 2; thence northwesterly to the point of beginning. AAGE A EVELYN JENSEN 3a� RESOLUTION NO. 84-86 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IOWA YOUTH CORPS SUMMER CONSERVATION PROGRAM 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 wishes to provide work sites for disadvantaged youth and utilize Community Development Block Grant funds to purchase materials for park improvements within selected park sites. 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 Mayor's Youth Employment Program for the MYEP/Iowa Youth Corps Summer Conservation Program. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by Dickson and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this 24t} NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber ATTEST: CITr CLERK B4. I14rtaved & Approved y ,T,hhj feral Depart of �/ - AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IOWA YOUTH CORPS SUMMER CONSERVATION PROGRAM THIS AGREEMENT, entered into as of the 24th day of April, 1984, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and Mayor's Youth Employment Program (herein referred to as "MYEP"); and WHEREAS, the City is the recipient of Community Development Block Grant (herein referred to as "CDBG") funds, granted by the U.S. 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 provide work sites for disadvantaged youth participating in the MYEP/Iowa Youth Corps Summer Conservation Program and to utilize CDBG funds to purchase materials for park improvements within selected park sites; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT. PURPOSE AND SCOPE OF SERVICES: MYEP will provide meaningful employment and job training for disadvantaged youth ages 15-18 who have been randomly selected by the State of Iowa to participate in the Iowa Youth Corps Summer Conservation Program. MYEP will perform the following working services in a manner satisfactory to the City: MYEP will utilize the CDBG funds to purchase materials needed to construct an open shelter in Terrill Mill Park, to purchase playground equipment to be erected in Brookland Park, and to purchase materials to repair two (2) other park shelters within the City. MYEP will utilize the Iowa Youth Corps crew to construct the Terrill Mill Park shelter, to erect playground equipment within Brookland Park, and to complete the park shelter repairs. The two park shelters selected for repairs shall be located within parks situated within CDBG designated Neighborhood Improvement Areas. The sites selected shall receive the approval of the Iowa City Parks and Recreation Department. 4. CDBG funds not obligated to the Terrill Mill Park, the Brookland Park and the shelter repair projects may be utilized to purchase playground equipment for other park sites located within CDBG designated Neighborhood Improvement Areas. The park sites for which this playground equipment will be purchased shall be approved by the Iowa City Parks and Recreation Department. . „J 3�9 II III IV. 2 5. The technical assistance required to develop the design of the Terrill Mill Park shelter, to assess the playground equipment needed and to determine the repairs needed for the park shelters shall be provided by the City. 6. MYEP shall hire administrative and supervisory personnel to provide training and environmental education to the Iowa Youth Corps participants and to monitor safety requirements. 7. 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. 8. Upon completion, shelter equipment installation shall and local building codes. facilities and the playground comply with all applicable State 9. MYEP shall maintain sufficient workers' compensation and liability insurance covering the MYEP/Iowa Youth Corps Sumner Conservation Program and shall assume all responsibility for tort claims related to this program. TIME OF PERFORMANCE: This agreement shall commence upon execution by the parties and shall terminate August 31, 1984. COMPENSATION AND METHOD OF PAYMENT: The City shall pay $12,318.00 to MYEP to purchase materials for the projects set forth herein. MYEP shall request payment for the materials purchased for the projects set forth herein from an account established for this purpose by the Iowa City Finance Department. In the event that MYEP is unable to undertake the projects set forth in this summer conservation program, or if the program is termi- nated, all unobligated funds shall be returned to the City. GENERAL ADMINISTRATION: A. Accounting and Progress Reports: 1. The City shall provide accounting services for the purchase of materials for the MYEP/Iowa Youth Corps Summer Conserva- tion Program projects set forth herein. 2. The MYEP Director shall be responsible for the administra- tion of the program, including the preparation of a program budget for the City's approval. All expenditures under the program shall conform to OMB Circular A-122, Cost Principles for Non-profit Organizations (copy to be provided by the City). The MYEP Board shall serve as an advisory committee for the selection of the Director. The Director and other supervisory personnel shall be entitled to such benefits as are approved by the City and the Board of MYEP. 3. MYEP shall direct all correspondence concerning this agree- ment to the Office of the Iowa City Community Development Block Grant Program Coordinator. 4. MYEP shall submit special monthly reports to the Program Coordinator's office on the 15th day of each month until all CDBG funds disbursed under this agreement have been ex- pended. Such reports shall document the progress of the projects set forth herein. 5. Not later than September 30, 1984, MYEP will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. Other Reports, Audits and Inspections: 1. MYEP 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. 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 the duly authorized representatives, all of MYEP'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. MYEP 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. TERMS AND CONDITIONS: This agreement shall be subject to the following terms and condi- tions, to -wit: A. Equal Employment Opportunity MYEP 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. 32( El B. Non-discrimination in Services MYEP 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 upon a thirty -day written notice by either party. D. Interest of MYEP MYEP 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. MYEP further covenants that in the performance of this agreement no person having such an interest shall be employed by MYEP. E. Assignability MYEP 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 MYEP shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, torts, wrongdoings or criminal action caused by persons, employed by or under the supervision of the MYEP/Iowa Youth Corps Summer Conservation Program, 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the 24th day of April, 1984. FOR CITY OF IOWA CITY, IOWA: By: yor ATTEST: FOR MAYOR'S YOUTH EMPLOYMENT PROGRAM: By: P esident, MYEP 300d ATTEST: Director, MYEF Z, 7'"bred . 14rmmved , -:?� D RESOLUTION NO. 84_87 RESOLUTION AUTHORIZING EXECUTION OF LEASE ON ROTARY SCOUT CAMP WHEREAS, for a number of years the City, for its Parks and Recreation Department, has leased the Rotary Scout Camp from the Iowa City Rotary Club; and WHEREAS, although the formal lease expired on May 15, 1983, the City has continued to use the property and both parties wish to formally extend the lease. 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 Agreement whereby the City shall lease the Rotary Scout Camp for the five year period May 16, 1983 through May 15, 1988. It was moved by Dickson and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO �— BAKER DICKSON ERDAHL X— MCDONALD �— STRAIT —� ZUBER Passed and approved this 24th day of April 1 wool Os 7 R I ATTEST: Mr CLERK cZeceivec! A �1RRroved fm-�'^/^[Legal ae adn*nf RESOLUTION NO. 84-88 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE JOHNSON COUNTY CITIZENS' COMMITTEE FOR THE HANDICAPPED. 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 (Public Law 93-383), and WHEREAS, the City Council did, by Resolution No. 83-387 dated December 6, 1983, allocate such funds for the purpose of publishing an accessibility guide for the Iowa City-Coralville area, and WHEREAS, the City of Iowa City wishes to contract with the Johnson County Citizens' Committee for the Handicapped, a private non-profit corporation, to prepare and publish said accessibility guide. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor be authorized to execute and the City Clerk to attest an agreement with the Johnson County Citizens' Committee for the Handicapped to use CDBG funds to prepare and publish an accessibility guide for the Iowa City-Coralville area. It was moved by Erdahl 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 24thday f April 1984. 14 A a,y� no ATTEST: cam__ i ice.. r;wgvcd & A►z?'av% "' By The Legal 02P31iment C T 4WJ.444 �� 4 �i1.11 Ja�aW4 ANN a44 .4tPi�i�i�i4�i4�i�i444� 44� •i X44 ��i4.4�i46444pp4�a44444�J.L4�Ji44464446�i4G�.4•i4 :.: ►, ►' - �. •I • j j IRewlutivu of alommenbution .�?W49raw, RalphTaylor submitted4 resignation •11the serviceof 1'CityI. '0 . of Iowa City effectiveApri 1 27, 1984 :11 ►,049raot the said Ralph Taylor �. •I ►i� ►� ,. BuildingInspectionDivisionhas given 'Cityof Iowa City 25 years. of dedicatedservice, from 1959 and .� ►' .049raot the CityCouncil •commendthe said Ralph Taylor for ►�said service. ►� •., 1 11 194tafare1 1 1 1 , I 1 1 9 Q11 1 GTinvacil1 111 Il 1 . 1 11 ,i ►, ,. ,. the Council . Iowa Iowa hereby commends1Taylor�. ;. J for meritorious1 the Building Inspection1 the over the years .' ►. 1. the Council 1 gratitude the .the said 1Tayl I ,. C for his service. That the Mayorand City Clerk arehereby authorized and directed .certify a copy i ,. �i of this resolution toRalphTaylor.It was moved by Ambrisco and seconded by Bakerthat 1' •1 , ►� 11 1' -adopted.., ►: 5 ► ►i ►i i CITY CLERK MAYOR/ i �i ►� ►� d Passed 11approvedthis 8th•. •May98 i j 4�JJi' JOS MA CJJJ�'Ou•Ji JPJO� �4•�D'000d� �•i•Ji•OJJ� u-eOi PJOO�•i•JOJi i4•�•i•J�•JJ�•JJ� �4 JJJOJJJi 00�4•�•OJJOJ •O �'I r n 84-90 (71 Z t#tint of �atltzttexr tt#ton 31hereas, Paul Bogs submitted a resignation from the service of the City of Iowa City effective April 27, 1984 and Whereas, the said Paul Bogs as an employee of the Sanitation Landfill Division has givert the City of Iowa City 27 years of dedicated service, from 1957 and ,31hereas, the City Council wishes to commend the said Paul Bogs for said service. ,Wofu therefore be it poolfieb bV the 01V Couttril of Zoioa CHU, c3ofoas 1. That the City Council of Iowa City, Iowa hereby commends Paul Bogs for meritorious service in the Sanitation Landfill Div. of the City over the years 2. That the City Council extends the gratitude of the City to the said Paul Bogs for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Paul Bogs. It was moved by Ambrisco and seconded by Baker that the Resolu- tion be 'adopted. ATTEST: Zja,,r�) ea J CITY CLERK Passed and approved this MAYOR 8th day o May, 1984. RESOLUTION NO. 84-91 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY84 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 22, 1984, to permit any tax- payer to be heard for or against the proposed amendment to the FY84 Operating 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 less than four 4 days and not more than twenty (20) days before the time set for such hearing. It was moved by Erdahl 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 8th day of May, 1984. 4OR ATTEST: CITY CLERK Received & Approved By The Legal Department 3R7 RESOLUTION NO. 84-92 RESOLUTION SETTING PUBLIC HEARING ON APPROVING THE FY84 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 22, 1984, to permit any taxpayer to be heard for or against the proposed FY84 Capital Projects Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the IowaCjty Press -Citizen, a newspaper of general circulation in Iowa City, not less than four 4 days and not more than twenty (20) days before the time set for such hearing. It was moved by Erdahl and seconded by Dickson 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 May , 1984. ATTEST: CITY CLERK the Resolution Aplpmved 4!� 84' ,338 RESOLUTION NO. 84-93 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF The FY85 ISPHALT 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 22nd day of May , 1984 , 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 Erdahl 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 8th day of May 19 84 ATTEST: yy/ _�/(/tib CITY CLERK —The MAYOR that the BY @6 e d It approved Legal Departrnedl _ 5 1 .3 �9 /1' ;a, RESOLUTION NO. 84-94 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NORTHWESTERN BELL TELEPHONE COMPANY WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with�^ stern Bell Tpleph ne Cony a copy of said agreemen being a�archeed Company 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--agr$emept__with Northestern Bell Telephone Company regarding the _removal -or-x-eRl-acement-nr consir-urtion of those Northwestern Bell Telephone Company's --fa�iJ-it4es which are_included in the Iowa Avenue Bridge Reconstruction 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 Northwestern Bell Telephone Company 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by __ Erdahl 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 8th day of May 19 84 ATTEST:/ CITY CLERK MAYOR Recepvsd a Approved By The Legal De erFment R</A ACDCCMCKIT AND now on this -2A day of 1984, this Agreement is entered into by and between the City o Iowa City, Iowa, hereinafter referred to as the City, and Northwestern Bell Telephone Company, here- inafter referred to as N.W. Bell. WHEREAS, the City has determined the structure on Iowa Avenue spanning the Iowa River, hereinafter referred to as the Iowa Avenue Bridge, is in need of major reconstruction; such reconstruction is hereinafter referred to as the Project; and WHEREAS, N.W. Bell has decided to remove or replace or construct facilities adjacent to or attached to the Iowa Avenue Bridge; and WHEREAS, the City has included the removal or replacement or con- struction of N.W. Bell's facilities as part of the Project. NOW, THEREFORE, in consideration of the premises and the mutual covenants stated below, the parties agree as follows: 1. N.W. Bell's facilities shall include structures, such as manholes and/or vaults, and conduits; but, shall not include the actual transmitting cables, wires, etc. and the installation and connections of such. 2. N.W. Bell agrees to pay the City's design engineer for all design costs incurred in the design of the removal or replacement or construction of N.W. Bell's facilities in relation to the Project. The cost for this design is $1,990.00. 3. Except as noted below in paragraph 4, N.W. Bell agrees to reimburse the City for all construction costs incurred in the removal or replacement or construction of N.W. Bell's facilities in relation to the Project. The costs reimbursed shall be those costs as bid by the contrac- tor under contract with the City for the construction of the Project. See Exhibit A for N.W. Bell's facilities proposed to be removed or replaced or constructed with the Project and the estimated costs thereof. 4. The detouring of N.W. Bell's existing facilities during the construction of the Project, and the costs thereof, shall be the responsi- bility of N.W. Bell and not of the City. CT OF IOWA CITY N MCDOIALD, MAYOR MARIAN K. K RR, CITY CLERK DISI Isk i ENGINEERING rcv:d BY; ills'tr_oS U aa�irwn4 EXHIBIT A AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NORTHWESTERN BELL TELEPHONE COMPANY FACILITIES INCLUDED IN IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT 1. Demolition of two existing concrete vaults and construction of two new concrete vaults. 2. Installation of approximately 1,640 lineal feet of four inch diameter PVC conduit. ESTIMATED COSTS CONDUIT INSTALLATION AND MANHOLE CONSTRUCTION FOR NORTHWESTERN BELL TELEPHONE COMPANY ON THE RECONSTRUCTION OF THE IOWA AVENUE BRIDGE IOWA CITY, IOWA COSTS ITEM QUANTITY UNIT TOTAL Class 20 Excavation 116 C.Y. $ 10.00 $ 1,160.00 Concrete 31 C.Y. 275.00 8,525.00 Reinforcing Steel 3,650 LBS. .50 1,825.00 4" 0 PVC Conduits 1,640 L.F. 10.00 16,400.00 Total Estimated Construction Cost $27,910.00 Engineering 1,990.00 TOTAL ESTIMATED PROJECT COST $29,900.00 340 RESOLUTION NO. 84-95 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY REGARDING THE INSTALLATION, 0060IRYPCE, OPERATION, ETC. OF A CONDUIT LOCATED UPON RAILROAD WHEREAS. the City of Iowa City, Iowa, has negotiated an agreement with Cedar Rapids and Iowa Cid Railway Co._, a copy of said reement 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 agreemen with-tte Cedar Rapids and Iowa City Railway Co. (CRANDIC) �dhirJLliranC�C i�e_City__of Iowa _Ci_ to install, maintain, operate, and renew _a 2" rigid steel conduit upon the property of the CRANDIC on the north side _of -GW2- Av nu east of the Iowa Avenue bridge over the Iowa River. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: I. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement _ — with Cedar Raids and Iowa City Railway Co.__ 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by _Erdahl and seconded by Dickson _ that the resolution as read be adipted, 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 8th day of max 19 84. MAYOR ATTEST: __ ?p,,z_) ) CITY CLERK' Roeeived a SparcvocS sy The Iegaf ,W :k AGREEMENT T CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called "Railway Company"), hereby licenses CITY OF IOWA CITY (hereinafter called "City") to install, maintain, operate and renew 2" rigid steel conduit (hereinafter called "facility") upon the property of the Railway Company at the following location: From existing power pole located approximately Thirteen feet (13') from center line of Railway Company's track at a point Thirty-five feet (351) ± north of north back wall of Iowa Avenue over- pass in Iowa City, Iowa, southeasterly Forty-two feet (42')±; thence westwardly back under Iowa Avenue overpass beyond the Railway Company's right-of-way line, per attached plat, marked in red, and made a part of this Agreement. The foregoing License is given such express terms and conditions as are inserted below, as well as those contained upon the attachment hereto, and should the City, at any time, violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Railway Company may, at its option, immediately revoke this License. The foregoing License is subject to the following con- ditions: 1. The said facility shall be used for the purpose of conveying electricity from power source to lighting devices. 2. The City is to have and to hold the same from Jan- uary 1, 1984 to January 1, 1967, and thereafter until either party shall give the other party One hundred eighty (180) days' written notice of its desire to terminate this lease; and until so terminated, all conditions of this Agreement shall remain in full force and effect. Acceptance of rent in advance by the Company shall not act as a waiver of the right to terminate this Agreement. 3. Any written notice given by either party to the other party shall be deemed to be properly served if the same be delivered to such other party, or if mailed, post- paid, addressed to such other party at such other party's last known place of business. In case of an emergency, notice shall be given by telephone as follows: If to the Railway Company, by calling the Superintendent, 12,th floor, ie: Tower at 319/ 398-4448 or Dispatcher, Rockford Road, S.W., Cedar Rapids, Iowa, at 319/398-4645: If to the City, by calling the Water Department at 319/356-5166 or the Police Department at 319/ 356-5275. Each party shall notify the other party in writing of any change of address or telephone number. -1- 3yy :yU 4. The City shall pay to the Company at its office in the City of Cedar Rapids, Iowa, a rental of One Hundred Dollars ($100.00) per annum, payable in advance, in three year payments, beginning on January 1, 1984. 5. The City shall bear the cost of all protection which the Railway Company may require for its tracks or property during construction and maintenance hereby auth- orized and of all repairs, changes, additions or betterments to said Railway Company's tracks or property made necessary on account of same. If, in the judgment of the Railway Company, it shall be necessary to provide support for its tracks during the work of construction or maintenance, the Railway Company will provide such support, and the entire cost thereof will be paid by the City promptly upon receipt of bill therefor. 6. The City will give to the Superintendent of the Railway Company at least ten (10) days' notice in writing before entering upon the right-of-way of the Railway Company for construction purposes, or for the purpose of making necessary repairs unless an emergency exists. During an emergency, the City shall have the right to make emergency repairs without prior written notice to the Railway Company, but the City shall notify the Railway Company of such work as per Section Three (3). The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the City to make such repairs upon ten (10) days' notice in writing. In such case, the City may enter upon said right-of-way without the ten (10) days' notice above referred to, and shall proceed forthwith to make such repairs, and upon failure to do so within ten (10) days, the Railway Company shall have the right to make said repairs and collect the entire cost thereof from the City. The Railway Company reserves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emergency repairs if the City does not respond promptly to telephone notice (as per Section Three (3)) of the need for such emergency repairs and to collect the cost thereof from the City as herein provided. 7. It is understood by the City that said facility is subject to the dangers and hazards of the operation of the railroad of the Railway Company, and this Agreement is subject to all risks thereof. The City assumes and agrees to pay for loss or damage to all property whatsoever, and injury to or death of any person or persons whatsoever, in- cluding all costs and expenses incident thereto, arising or resulting from, and caused by, the existence, construction, maintenance, repair, renewal, reconstruction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the City, or its officers, agents, or employees to abide by or comply with any of the terms or conditions of this Agreement; and the City forever indemnifies the Railway Company against and agrees to save it harmless from any and all claims, demands, lawsuits, or lia- bility for any such loss, damage, injury, death, cost and expense. The Railway Company agrees to promptly notify the City of any such claim, demand, or lawsuit so as to allow the City to defend against any such claim, demand or lawsuit. -2- _3 1S B. The Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change in the location of said facility, or any part thereof, such change shall be made by the City, at the expense of the City, upon demand of the Railway Company, and the said Railway Company shall not be liable to the City on account thereof, or on account of any damage growing out of any use which the Railway Company may make of its said tracks, property and right-of-way. 9. The Railway Company shall have the right at any time by giving one hundred twenty (120) days' notice in writing to the City to require the City at its expense to re -arrange or move this facility so as to conform to changes the Railway Company may desire to make in its track grade, track location or line or any other changes Railway may desire to make in its property at this point. 10. The waiver of a breach of any of the terms and conditions hereof shall be limited to the act or acts consti- tuting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. 11. This License is personal to said City, and is not assignable or transferable, without the written consent of the Railway Company being first obtained. IN WITNESS WHEREOF, this instrument is executed this 31sT day of MAY , 1984. CEDAR S AND IO T R WAY COMPA By: Y]CE'PRESIDENr AND SECRETARY /ATTEST: Assistant S cre a The undersigned, the City mentioned in the foregoing License, hereby accepts the same, subject to the terms and conditions therein stated. CITY F IOWA CITY B y : (/ ATTEST: %/1 �� J Received & Aogroved By T' . Department -3- t epaw¢r Sourrca Exiafiny POwrsr Ro/a (S*..7t30t, eo'2Z,.q) Naw 2-O Rlyid (SbTA nduiCot a.Sarvicsa) ¢� Ci4�ic Rai/iosrf 1 Shiw-Halfery & Assodafes S�H Gnwifin' Engineers Or M*m•Dab"".' �.W WOW a- P/on View W CVndic R.R. Orvrpaao orar /twos mss. Am.. COUNCIL'S PROPOSAL RESOLUTION NO. 84-96 RESOLUTION SETTING AN EXPIRATION DATE FOR THE EAST AND NORTHEAST IOWA CITY DEVELOPMENT POLICY ADOPTED BY RESOLUTION 83-187 AND AMENDED BY RESOLUTION 83-409. WHEREAS, the City Council of the City of Iowa City established by Resolution 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 is moving toward a resolution of those problems. NOW, THEREFORE, BE IT RESOLVED 1. 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 no later than May 1, 1985. 2. That the City Council will permit the preliminary platting of any properties in these areas of Iowa City prior to May 1, 1985, provided that those plats comply with all the pertinent ordinances of Iowa City and that an agreement is provided deferring final platting and the issuance of building permits until the development policy is rescinded. 3. That the City Council review the terms of this resolution in December, 1984, and amend this resolution, if appropriate. 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: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 8th day of May 1984. kYOR ATTEST: J%%Q,i J r - -A�L'� WIT GUM Legai Deaurhtwvi! s/Z-E �yQ RESOLUTION NO. 84-97 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE AGREEMENT WITH THE WILLOW CREEK NEIGHBORHOOD CENTER, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PURCHASE OF A HANDICAPPED 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 of Iowa City wishes to utilize such funds to assist the Willow Creek Neighborhood Center, Inc. in the purchase of a handicapped passenger van for the transportation of users of the Willow Creek Neighbor- hood Center; and WHEREAS, the City Council did, by Resolution No. 84-52, dated March 13, 1984, authorize and enter into an agreement with the Willow Creek Neighborhood Center, Inc., to purchase a handicapped passenger van at a maximum cost of fifteen thousand dollars ($15,000); and WHEREAS, due to the unanticipated cost of the special wheelchair lift, the actual price at which such a van is available is $15,440. 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 addendum to the agreement with the Willow Creek Neighborhood Center, Inc., dated March 13, 1984, for purchase of a handicapped passenger van. Said addendum is attached to this resolution and is incorporated by this reference herein. 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 T Dickson —� Erdahl —"� McDonald X Strait X Zuber Passed and approved this 8th ATTEST: i%�) _/1" ITY CLERK -- 4. gmawed & Approved 8y The Legal Department p , -L r - 599 ADDENDUM TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE WILLOW CREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PURCHASE OF A HANDICAPPED PASSENGER VAN THIS AGREEMENT, entered into this 8th day of % , 1984, by and between the City of Iowa City, a mun ici pal corporation(herein referred to as the "City"), and the Willow Creek Neighborhood Center, Inc. (herein referred to as the "WCNC"), is an addendum to the original agreement executed on March 13, 1984. This addendum adds four hundred forty dollars ($440) to the funds awarded for purchase of a van, and amends the Time of Performance Section of the original agreement as follows: PART I II. TIME OF PERFORMANCE This section is amended as follows: WCNC will perform according to the following schedule, Program Element Bid Opening Deadline 04/06/84 Notification of Successful Bidder 04/13/84 Delivery of Van Van in Operation 08/31/84 09/15/84 This schedule is subject to change by mutual agreement of both parties, in writing. III. COMPENSATION AND METHOD OF PAYMENT The City will pay and WCNC agrees to accept in full the amount of fifteen thousand, four hundred forty dollars ($15,440) or the purchase price of said van, whichever amount is less, for performance under this agreement, as follows: 1. Full payment will be made upon presentation to the City by WCNC of a properly executed contract for purchase of a handicapped passenger van. 2. The total of the above payment will not exceed $15,440. J '255 z IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 8th day of May , 1984. CITY OF IOWA CITY WILLOW CRXEK NEI By: By: mayor ATTEST: ATTEST: City C erk Rsealved & Approved By The Legal Deparhnent S z 94' CENTER, INC. 19,151 RESOLUTION NO. 84-98 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE FY85 APPLICATION FOR 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 make certain capital acquisitions, 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 assistance is being applied for in the amount of $207,841, 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 FY85 applica- tion for State transit assistance. It was moved by_D' and seconded by ,Strait the Resolu- tion be adopted; an upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO _T_ BAKER T_ DICKSON ERDAHL �— MCDONALD STRAIT TC ZUBER Passed and approved this 8th day of May 1984. AYOR ATTEST: i%%'i -' -t� / CITY CLERK Ria0ved c% App"wed By Tha legal Department la4 Res. 84-99 The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, in accordance with the plans and specifications therefor. Council Member Erdahlmoved and Council Member Dickson seconded the motion as follows: To adopt the following resolution Making Award of Contract(s) To defer bids for later consideration and X action to a meeting to be held on the 22nd day of May 1984, next, at 7:30 o'clock .M., at this meeting place, with jurisdiction retained over all bids received. 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: DEFERRING RESOLUTION/MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of --------------------------- of ------------------ , in the amount of $------- , for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, -5- ANLERs. COONEY. DORY EILER. HAYNIE. SMITH a ALLOEE. LAWYERS. DES MOINES. IOWA 353 0 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. 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 rby , 1984. iF'.Tayor ATTEST: �iL - 17e/ T - 7 ,2-L/ C le4k -6- AMLERS. COONET. DORWEILER. H.TNIf. SMITH B ALLBEE. LAWT[R3. DES MOINES. low. 35Y y,• vop„,nr� 5-4-8Y 3.30p� NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa Date of Meeting: May 8, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 and award of contract. Such additional matters as are set forth on the additional 18 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, andthe local rules of said governmental body. city Clerk,owa city, lowa ej 35-5 RESOLUTION NO. 84-100 p e J RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT. 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: That the plans, speciifcations, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. It was moved by Strait and seconded by Dickson that the resolution as read be adopted, and upon r�illl call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson R Erdahl X McDonald X Strait X Zuber Passed and approved this8th day of May ,1984. ATTEST: 214?�� ,y Z ti,� CITY CLERK MAYOR ' ae lved & Approved By T e Legal Department 7 � 2,. A RESOLUTION NO. 84-101 RESOLUTION AUTHORIZING EXECUTION OF N AGREEMENT WITH THE STATE BOARD OF REGENTS (ON 3FHAI,F OF THE U�I,YERSITY OF IOIC WHEREAS, the City of Iowa City, Iowa, has negotiated an Agreement with The State Board of Regents , 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 pu lic intQrest ttoc, e r said Agreement with the State Board of Regents �on behalf or the �r�gye>Rto —of._Iowa re arding the removal or replacement or construction of b ose University's facilities which are included in the Iowa Avenue Bridge Recon- struction 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 The State Board of Regents 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Zuber and seconded by Straitthat the resolution as read pt be adoed, 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 May 19 84 MAYOR ATTEST:, CITI CLERK °d Approved By 71re Leval apartment 357 A AGREEMENT E-2 Page 1 And now on this 8th day of Maw 1984, this Agreement is entered into by and between the City of Iowa City, Iova, hereinafter referred to ae the City, and the State Board of Regents on behalf of the University of Iova, hereinafter referred to as the University. WHEREAS, the City has determined the structure on Iowa Avenue spanning the Iowa River, hereinafter referred to as the Iowa Avenue Bridge, is in need of major reconstruction; such reconstruction is hereinafter referred to as the , Project; and WHEREAS, the University ban decided to remove or replace or construct facilities adjacent to or attached to the Iova Avenue Bridge; and WHEREAS, the City has included the removal or replacement or construction of the University's facilities as part of the Project. NOW, THEREFORE, in consideration of the premises and the mutual covenants stated below, the parties agree as follows: 1. The University's facilities shall include structures, such as manholes and/or vaults, and conduits; but, shall not include the actual tranamit- ting cables, wires, etc. and the installation and connections of such. 2. The University agrees to pay the City's design engineer for all design costs incurred in the design of the removal or replacement or construction of the University's facilities -in relation to the Project. The cost for the design is $4,465.00. J. Except as noted in paragraph 4, the University agrees to reimburse the City for all construction costs incurred in the removal or replacesant ur con- struction oC the University's facilities in relation to the Project. The costs reimbursed shall be chose costs as bid by the contractor under contract with the City for the construction of the Project. See Exhibit A for the University's facilities proposed to be removed or replaced or constructed with the Project, and estimated costs. 4. The detouring of existing utilities during the construction of the Project, and the coats thereof, shall be the responsibility of the University and not of the City. MAX K. KARR, CITY CLERK Recahrad i approved Ilya Legal Dfe/paAmenf -o i�. 351' B-2 .�� Page 2 i EXHIBIT A AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BOARD OF REGENTS FACILITIES INCLUDED IN IOWA AVENUE BRIDGE RECONSTRUCTION PROTECT 1. Demolition of two existing concrete vaults and construction of two new concrete vaults. 2. Installation of approximately 1002 lineal fear of two inch diameter rigid steel conduit. 3. Installation of approximately 1952 lineal feet of five inch diameter rigid steel conduit. ESTIMATED COSTS CONDUIT TNSTALLITION AND VAULT CONSTRUCTION IASIS ITEfUAQ NTITY UNIT TOTAL Claes 20 Excavation 102 C.Y. S 10.00 S 1,020.00 Concrete 31 C.Y. 275.00 8,525.00 Reinforcing Steel 3,860 LBS. .50 1,930.00 Structural Stool 340 LBS. 2.00 680.00 Steel Castings 550 LBS. 2.00 1,100.00 2" 0 R.S. Conduits 1,002 L.F. 5.00 5,010.00 5" 0 R.S. Cnnduits 1,952 L.F. 35.00 68.320.00 Total Estimated Construction Coat $86,585.00 Engineering 4,465.00 TOTAL ESTIMATED PROTECT COST $91,050.00 0 Iowa City, Iowa, May 8, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Absent: None -1- 0 Matters were discussed relative to the request from Pharmaceutical Development Systems, Inc., an Iowa corporation, regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member Ambrisco introduced the following Resolution in written form and moved its adoption. Council Member Dickson seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval was attested by the City Clerk and declared to be effective. The Resolution is as follows: -2- RESOLUTION NO. 84-102 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation duly organized and existing under and by virtue of the Constitution and laws 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 Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project", as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has been requested by Pharmaceutical Development Systems, Inc., an Iowa corporation duly organized and existing under the laws of the State of Iowa (hereinafter referred to as the "Company"), to authorize and issue not to exceed $3,000,000 in aggregate principal amount of its Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) (the "Bonds.) pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility for the purpose of manufacturing, storing and distributing pharmaceutical products, located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (hereinafter referred to as the "Project"); and WHEREAS, said Project will maintain and enhance employment opportunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits flowing from the conducting of increased industrial operations which will add to the welfare and prosperity of the City and its inhabitants; and -3- :OD- WHEREAS, the City has determined that the amount necessary to defray all or a portion of the cost of acquiring, con- structing, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $3,000,000 in aggregate principal amount of its Industrial Development Revenue Bonds puEsuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of, interest and premium, if any, on said Bonds as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official action" toward the issuance of such Bonds prior to the commencement of construc- tion or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A", which sets forth certain mutual undertakings and agreements between the City and Company relating to the further processing and issu- ance of said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; 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 by Section 419.9 of the Act and by Section 103(k) of the Internal Revenue Code of 1954, as amended. 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 5, 1984, at 7:30 P.M., before this City Council in the Council Chambers at the Civic Center in the City of Iowa City, -4- 363 Iowa, on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) pursuant to the provisions of the Act, for the purpose of financing all or a portion of 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 proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby to publish one time, not less than fifteen (15) days the date fixed for said hearing, in the Iowa City Press -Citizen, a legal newspaper published and having circulation within the City, a Notice of Intention to said Bonds in substantially the following form: directed prior to a general issue -5- 36Y N E OF PUBLIC HEARING OF INTENT TO I INDUSTRIAL DEVELOPMENT REVEN IONDS (PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC. PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, Iowa City, Iowa, at 7:30 P.M. on June 5, 1984, on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Develop- ment Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) pursuant to the provisions of Chapter 419 of the Code of Iowa and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of assisting Pharmaceutical Development Systems, Inc. (the "Company"), an Iowa corporation, in financing all or a portion of the cost of acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility for the purpose of manufacturing, storing and distributing pharmaceutical products, located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (the "Project"). The proposed Project will be owned and operated by the Company. It is contemplated that a Loan Agreement will be entered into between the City and the Company under which the City would loan to the Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the princi- pal of, interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds and, at said hearing or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the City Council. Marl -an K. Karr, Clerk othe City of J - rity, IoWa C Section 3. The City recognizes that regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute, solely for federal income tax purposes, official action or "some other similar official action" with respect to the issuance of such Bonds. Section 4. That in order to assure the acquisition, con- struction, improving and equipping of the proposed Project in the City of Iowa City, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 5. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 6. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 7. 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 and approved May 8, 1984. (SEAL) Attest: Mari'an K. Karr, City Clerk City of Iowa City, Iowa M -7- 3�� CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have aceess 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 showing the action taken by the City Council of said City at a meeting open to the public on May 8, 1984, regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) of the City of Iowa City, Iowa, directing publication of notice of intention to issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Code of Iowa, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 4 day of May, 1984. (SEAL) Marian K. Karr, City Clerk State of Iowa ) SS: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. 4, Noary (Public in -And for the (SEAL) State of Iowa -8- (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. May 8, 1984 7:30 P.M. V, W171K MR J44r&4t_9 5-9-8Y 3:3op, 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. A Resolution Regarding the Issuance of Not To Exceed $3,000,000 in Aggregate Principal Amount of Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) of the City of Iowa City, Iowa, Directing Publication of Notice of Intention to Issue, Calling a Public Hearing on the Proposal to Issue Said Bonds and Authorizing Execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional 18 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Mart -an K. Karr, Clerk of the City of Iowa City, Iowa -9- EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Pharmaceutical Development Systems, Inc., an Iowa corporation duly organized and existing under the laws of the State of Iowa, party of the second part (hereinafter referred to as "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 improvements suitable for industrial projects, as defined therein; and (b) In order to provide for industrial development and maintain and improve employment opportunities for the inhabit- ants of the City and to add to the welfare and prosperity of the City and of such inhabitants, the City proposes to loan to the Company funds to assist in financing all or a portion of the cost of acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility for the purpose of manufacturing, storing and distributing pharmaceutical products, located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (hereinafter referred to as the "Project"); and (c) 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. However, before commencing the Project, the Company desires satisfactory assur- ances from the City that the proceeds from the sale of the City's Industrial Development Revenue Bonds which, when issued, will be used to finance the Project, will be made available in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Bonds requested to be issued is presently estimated not to exceed $3,000,000. -1- (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing as an inducement to the Company to locate the Project in 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. (e) The City considers that the undertaking of the Project will promote industrial development of the City, provide 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 to be issued and sold for the purpose of financing the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $3,000,000. (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 autho- rization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agree- ment 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, 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, 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 appro- priate in pursuance thereof. -2- ;%Q 3. Undertakings on the Part of the Company. The Company covenants and 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 agree- ment and the taking of "official action" toward the issuance of the Bonds by the City, acquired or commenced construction 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, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it 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, 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 December 31, 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 -3- I 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 here- under, or done at the request of the Company. (c) It is expressly understood by both parties to this Memorandum of Agreement that its execution by the City 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 purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of this Memorandum of Agreement by the City is not intended to nor does it create a binding commitment of the City 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 City and is conditioned upon, among other things, full compliance of all provisions of the Industrial Revenue Bond Policy And Procedures For The City Of Iowa City, (d) 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. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their representatives thereunto duly authorized as of the 8th day of May, 1984. (Seal of City) 99 Attest: Mar'an K. Karr, City Clerk ty of Iowa City, Iowa , Mayor Pharmaceutica ve pm Systems Inc. By Chax� President ame i e -4- RESOLUTION NO. 84-103 RESOLUTION RECLASSIFYING FULL TIME POSITIONS IN THE CITY MANAGER'S OFFICE AND TREASURY DIVISION. WHEREAS, Resolution No. 83-75 adopted by the City Council on March 29, 1983, establishing an operating budget for FY84 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, and WHEREAS, the following positions have been identified as warranting re- classification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the authorization of personnel in the City Manager's Office be amended by reclassification of the position of Administrative Secretary to the City Manager from Grade 48 to Administrative Assistant Grade 50. 2. That the authorization of personnel in the Treasury Division be amended by: a. Deletion of one Account Clerk position, Grade 4. b. Addition of one Customer Service Representative, Grade 6. It was moved by ----- Dickson and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES X 7— x X Passed and approved this 8th NAYS: ABSENT: ATTEST: %71'Io 4 7 2,A/ CITY CLERK Ambrisco Baker 77 Dickson Erdahl McDonald Strait Zuber of May 1984.n 0 Rwalved &Approved By he Legal Departmat X73 RESOLUTION NO. 84-104 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HANSEN LIND MEYER, P.C. WHEREAS, the City of Iowa City, Iowa, has negotiated an Agreement with Hansen Lind Meyer, P.C. 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 with Hansen Lind Meyer for architectual and engineering services for Part I of the Iowa City Parking Study. 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 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Dickson that the resolution as read be adopted, an 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 8th day of May 1984 ATTEST: -,e. y(o , ) CIT CLERK 0:'� MAYOR Received & Approved By The Legal Department 5 3 ¢ A -7y AGREEMENT IOWA CITY PARKING STUDY This Agreement, made and entered into this _gt& day of , 1984, by and between the City of Iowa City, a municipal corporati hereinafter referred to as the City, and Hansen Lind Meyer, P.C., an Iowa corporation of Iowa City, Iowa, 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. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant 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 race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, or creed. b. To discriminate against any individual in term, conditions, or privileges of employment because of race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, or creed. ARTICLE I, SCOPE OF SERVICES The following services to be performed by the Consultant shall consist of the following: Phase A - Investigation and Recommendation Phase Phase B - Schematic Design Phase Phase C - Design Phase Phase D - Contract Documents Phase Phase E - Bidding Phase F - Administration of Construction Contract Phase G - Additional Services of Agreement This scope of services shall define the work to be performed by the Consultant and shall include, but not necessarily be limited to, investigation and recommendation phase, schematic design, design phase, contract document phase, bidding phase, administration and additional services, all of which are further defined below: Phase A - Investigation and Recommendation Phase The following scope of services shall be included in the Investigation and Recommendation Phase: a. Coordinate work efforts with the City staff, meet regularly with the staff, prepare minutes of these meetings as well as bi-weekly progress reports and, contact various regulatory agencies, utility companies, and other affected governmental and/or private entities as required. Upon request, participation in City or other group meetings. 375 b. Examine the internal circulation and external traffic circulation and probable cost estimates to facilitate the Capitol Street Ramp and offer at least three alternatives. Prepare ten copies of a draft report for City review. C. Examine as -built drawings and existing engineering design notes of the Dubuque Street Ramp as furnished by the City. Examine and inspect actual construction and condition of existing Dubuque Street Ramp. Determine the feasibility and number of levels which can be added either to existing structure or with independent foundations. Provide ten copies of an engineering report as to its condition and ability to withstand additional levels. d. Examine impacts of any expansion of the Dubuque Street Ramp on internal and external traffic circulation. Offer viable alternatives and improvements to facilitate circulation including the feasibility of an additional exit onto Linn Street and a spiral on adjacent Parcel 64-1a. Prepare ten copies of a Draft Report. e. Develop a construction schedule and probable construction cost with a recommended expansion or other improvements to the Dubuque Street Ramp, including a forecast of any increased operational costs. Prepare ten copies of a draft report for City's written approval on the ramp expansion and probable construction costs. f. Develop an economic analysis and evaluation report of the parking system's ability to market parking revenue bonds to finance the recommended improvements and/or expansion of both ramps. The analysis shall include a parking rate study for the entire parking system. Prepare ten copies of a financial feasibility report to be utilized in the marketing of the parking revenue bonds. Prepare ten copies of a draft report for City's written approval describing the analysis applied, alternatives developed, and recommended improvements. Examine the potential for a mixed-use structure (retail -office - parking, etc.) on Parcel 64-1a and potential for providing additional parking, both over Burlington Street and on the land now occupied by Firestone Tire and Pester Gas Station. This examination shall include: 1. Description and analysis of how these additions could be integrated with the existing (or expanded) Dubuque Street Ramp. 2. Assessment of impacts of these additions on internal and external traffic circulation of existing (or expanded) Dubuque Street Ramp and adjacent streets. 3. Development of preliminary construction and operational cost estimates of these additions. 4. Determination of potential to construct these additions at a later date. Prepare ten copies of a draft report for City's written approval on Parcel 64-1a potential use and parking over Burlington Street and on land southerly of Burlington Street. h. Preparation and presentation of a final report to the City for written approval, said final report shall consist of all previous City approved draft reports. Submit the final report to City Manager. Attend meetings to review and discuss the project and recommendations with the City staff, City Council, and others as required. Thirty (30) copies of the City approved final report shall be provided to the City. -2- 379 Phase B - Schematic Design Phase After written City authorization to proceed with the Schematic Design Phase, for final alternative as outlined in Final Report and approved by City, the Consultant will: Meet with representatives of the City to review the project and the decisions of the City based upon the Final Report of Phase A. Based on the mutually agreed upon project scope and construction budget requirements, the Consultant shall prepare for approval by the City, Schematic Design Documents consisting of drawings (including typical elevations) and other documents illustrating the scale and relationship of project components. Such design will take into account all previous policy decisions, the type and use of the facility, method of operation, architectural and structural requirements and site configurations as well as other factors influencing the operation of the facility. Prepare and submit ten sets of schematic specifications to be incorporated in the final contract documents. The Consultant will advise the City as to the necessity of providing or obtaining other data or services of the type described in the section entitled Additional Services of the Consultant. All preliminary designs and studies in this phase shall be closely coordinated with the City, and shall be submitted to the City for review and approval. The Consultant shall provide ten (10) copies of a written report of his findings and recommendations. At the request of the City, the Consultant shall present the Schematic Designs to the Design Review Committee. The Consultant shall submit to the City a statement of Probable Construction Costs based on current area, volume or other unit costs. Phase C - Design Phase After written authorization to proceed with the Design Phase the Consultant will prepare Design documents consisting of final design criteria, drawings and specifications, based on approved Schematic Design Documents. The Design Phase shall include the following: a. Design structure(s) consisting of walls, columns, stairs and elevators, entry and exit and define construction materials and textures. b. Establish lighting levels, light fixture types, all other electrical requirements, and elevator requirements. C. Design HVAC, plumbing and piping system requirements and alternatives based on code requirements. d. Design utilities, grade plan and layout plan with dimensions. e. The Consultant shall submit to the City a statement of probable construction costs. f. Preparation of final detailed contract drawings and specifications. g. The Consultant will address maintaining traffic flow in existing ramps and surrounding affected properties under construction alternatives. h. The Consultant will coordinate review of engineering drawings with Iowa -Illinois Gas and Electric, the City of Iowa City Water Department and Pollution Control Department, and Northwestern Bell, and Hawkeye Cablevision with regard to utility relocation and utility design. Assist the City in coordination of project with adjacent property owners to minimize disruption. - 3 - 377 The Consultant shall provide ten (10) copies of final Design documents. Phase D - Contract Documents Phase After City approval of the Design Phase and probable construction costs, the Consultant will prepare Contract Documents which will include: a. Notice to bidders and advertisements for bids approved by the Bonding Authority. b. Print and assemble contract documents consisting of contract drawings and specifications and the requirements of the City's affirmative action and equal opportunity program. The Consultant will coordinate with the City's Civil Rights Specialist to assure that all required non-discrimination and equal opportunity statements are acceptable. C. Prepare a construction schedule. d. Furnish the City with ten copies of the contract documents for final written approval by the City. Phase E - Bidding The Consultant shall provide the following services: a. Attend City required public hearings. b. Assist the City in securing bids, provide a list of qualified bidders and provide ten copies of bid documents for contractors' use. C. Tabulation and analysis of bid results and assist the City in the awarding of the construction contract, consistant with the public bidding requirements of Iowa law. d. Assistance in the preparation of the formal documents for the award of the contract. e. Submit documents to the City's Legal Department for final approval. Phase F - Administration of Construction Contract The Consultant will, upon written request of the City, perform the following: a. Review shop drawings and samples, the results of tests and inspections and other data which the contractor is required to submit, but only for compliance with the information given in the contract documents, determine the acceptability of substitute materials and equipment proposed by Contractor(s), when approved by the City; and receive and review (for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. b. The Consultant shall interpret for the City the requirements of the construction contract documents. Intepretations of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. The Consultant shall not have the authority to act on behalf of the City. The City shall be the final authority. C. Review and process applications for progress payments. Final approval of all payments shall be authorized by the City. d. Conduct an on-site observation to determine if the project is substantially complete and a final on-site observation visit to determine if the project has been completed in accordance with the contract documents and if each contractor has fulfilled all of his obligations thereunder so that the City may approve, in writing, final payment to the contractor. -4- 378 e. The Consultant shall prepare a statement of acceptance for the City on the project upon completion of construction. f. The Consultant shall visit the site during the eleventh month after acceptance by the city to observe the performance of the structure and report to the City any deficiencies observed. g. Make a final punch list for the City upon completion of construction on the project. h. The Consultant shall assist the City in Issuing instructions to the contractor and assist in preparing routine change orders as required. The City may require special inspection or testing of the work as the City and Consultant deem necessary. i. Make periodic visits to the site (approximately three per week) to observe as an experienced and qualified design professional the progress and quality of the executed work. The Consultant shall immediately report any observed deficiencies in the contractor's performance to the City. j. The Consultant shall immediately advise the City in writing of any work which does not conform to the Contract Documents. k. The extent of the duties, responsibilities and limitations of authority of the Consultant as the City's representative during construction shall be as specified in this agreement and shall not be modified or extended without written consent of the City and Consultant. 1. Prepare a set of reproducible contract drawings modified to reflect significant changes made during construction based on marked -up prints, drawings and other data furnished by the City. One set of mylar reproducibles of the drawings shall be provided for the City's files and use. The Consultant shall not be liable for the use of such documents on other such projects. Phase G - Additional Services of the Consultant If authorized in writing by the City, the Consultant shall furnish or obtain from others the additional services of the following types which are not considered normal or customary basic services. These will be paid for as stated in Article III General Terms and Article V, Compensation. a. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the project, preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project. b. Providing renderings or models for the City's use. C. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) default by any contractor. d. Furnishing services or special consultants for other than the civil, structural, mechanical, and electrical engineering and architectural design incidental thereto. e. Assist the City as expert witness in litigation arising from the development or construction of the project and in hearing before various approving and regulatory agencies. f. Preparation of operating and maintenance manuals, extensive assistance in the utilization of any equipment or system, and training personnel for operation in maintenance. g. Services resulting from substantial changes in City approved project scope or its design including, but not limited to, substantial changes in size, complexity, and revisions of previously accepted studies, reports, design documents, or contract documents when such revisions are due to causes beyond the Consultant's control. - 5 - 379 h. The City may employ the services of the Consultant to provide a resident project representative and assistants in order to provide more extensive representation at the project site during the construction phase. The duties and responsibilities and the limitations on the authority of the resident project representative and assistants will be set forth in an amendment and made part of this Agreement before such services begin. The Amendment shall include a negotiated fee for these additional services. The furnishing of such resident project representation will not make the Consultant responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, subject to the provisions of Article III, General Terms. ARTICLE II. TIME OF COMPLETION a. The Consultant will complete the phases of this contract within the times, indicated on Exhibit A, Critical Path Schedule. b. The Consultant's service under each phase of this contract shall be considered complete when the City has accepted the report of work under each of Phases A, B, C, and D. C. The construction phase shall commence with the award of the construction contract and shall terminate upon acceptance of the work by the City. d. If the Consultant's services cease for a period of three (3) months due to suspension of the work by the City, the Consultant shall be paid as specified in Article III(P). If such suspension extends for more than six months for reasons beyond the Consultant's control, the rates of compensation provided in this Agreement shall be subject to renegotiation. 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 reasonable 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 and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use. f. 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. g. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows, except that failure by the Consultant 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. BE 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. i. Records of the Consultant's Direct Personnel Expenses and Reimbursable Expenses pertaining to the project, and records of accounts between the City and the Contractor shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. j. Direct Personnel Expense is defined as the direct salaries of all the Consultant's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. k. 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. Long distance calls and telegrams. 2. Travel expense upon written authorization by the City. 3. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use and duplicate sets at each phase for the City's review and approval; and fees paid for securing approval of authorities having jurisdiction over the project. 4. Fees paid by the Consultant for special consultants employed with City's approval. 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 reproducible copies of all work performed hereunder. All documents including Drawings and Specifications prepared or furnished by the Consultant shall become the property of the City; provided, however, any reuse without specific written verification or adaptation by the Consultant will be the City's sole risk and without liability or legal exposure to the Consultant. The City shall indemnify and hold harmless the Consultant from all claims, damages, loss of expenses, including attorney's fees arising out of or resulting therefrom. Approval by the City shall not be deemed to be an assumption of responsibility and liability by the City for any defect in the designs, working drawings and specifications or other documents prepared by the Consultant, their agents, employees and other subcontractors, it being the intent of the parties that approval of the City signifies the City approval of only the general design concept of the improvements to be constructed. The Consultant shall not have control of and shall not be responsible for construction methods, sequences or procedures, or for safety precautions in connection with the work, for the acts or omissions of the Contractor, Subcontractors or other persons performing any of the work. Although the Consultant does not guarantee performance by the contractors and subcontractors, nothing in this Agreement nor any language used in any contract in connection with this project shall be construed as relieving the Consultant from the obligation to perform its duties under this Agreement in a professional and competent manner. p. The City may terminate this contract upon seven (7) days written notice. If the contract is terminated, the Consultant shall be paid on the basis of work satisfactorily completed under Phases A through E, inclusive, and accepted by the City. The percentage of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. -7- 381 q. The Consultant shall attend such meetings relative to the work set forth in this contract as may be requested by the City. The City shall give reasonable notice of the meeting. r. The Consultant will secure and maintain such insurance as will protect the Consultant from claims under workmen's compensation acts, claims for damages because of bodily injury including personal injury or death of its employees or of any person other than his employees and for claim for damages because of injury to or destruction of tangible property including loss of use resulting therefrom as well as professional liability insurance. S. The Construction Cost shall be the total cost or estimated cost to the City of all elements of the project designed or specified by the Consultant. The Construction Cost shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the City and any equipment which has been designed, specified, selected or specially provided for by the Consultant. Construction Cost does not include the compensation of the Consultant and the Consultant's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the City as defined in this Agreement. ARTICLE IV. CITY'S RESPONSIBILITIES a. Provide full information as to the City's requirements for the project, including City Legal staff review of documents for consistancy with Iowa law. b. Assist the Consultant by placing at his disposal, all available information pertinent to the project including previous reports and any other data relative to the construction of the project. C. Furnish to the Consultant legal descriptions, site survey, and other information not provided under Article I, Scope of Services of this contract. d. Guarantee access to and make all provisions for the Consultant to enter upon public property as required to perform services under this contract. e. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time so as to not delay the services of the Consultant. f. The City shall have prime responsibility for construction inspection and give written notice to Consultant whenever City observes or otherwise becomes aware of defects in the project. g. Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary. h. Furnish or direct the Consultant to provide necessary additional services as stiuplated in this Agreement. i. Bear all costs incident to compliance requirements of this Section and in obtaining bids or proposals from contractors. j. The City shall furnish structural, mechanical, soils and other laboratory tests, inspections and reports during construction as required by law or the Contract Documents. ARTICLE V. COMPENSATION a. The City agrees to pay the Consultant for Phase A, paragraphs a, c, d and e, a fixed fee of $30,000.00 and for Phase A, paragraph b, a fixed fee of $5,000.00 and Phase A, paragraphs f and g, a fixed fee of $10,000.00, for a total fixed fee of $45,000.00. • Payment due the Consultant for services performed shall be as follows: 1. For Phase A, paragraphs a, c, d and e - eighteen (18) percent for each draft report at the time of submission, with the balance payable upon City approval of the Final Report. 2. For Phase A, paragraph b - seventy (70) percent at the time of submission of the draft report and the balance payable upon City approval of the Final Report. 3. For Phase A, paragraph f and g - thirty-five (35) percent for each draft report at the time of submission for each, with the balance payable upon City approval of the Final Report. b. The fees for Phases B, C, D, E and F shall be negotiated at the completion of Phase A. For the Schematic Design Phase (Phase B) a fee of three-quarters (3/4) of one (1) percent of the construction cost is anticipated. For the Design, Contract Documents, Bidding and Administration Phases (Phases C, D, E and F), a combined total fee of three and one-quarter (3-1/4) percent to five (5) percent of construction cost is anticipated. The Consultant's billing shall not exceed the following percentages of the total fee at the end of each phase: Phase B - Schematic Design - 20% Phase C - Design - 60% Phase D - Contract Documents - 2% Phase E - Bidding - 3% Phase F - Administration of Construction Contract - 15% C. The fees for Phases A, through F, inclusive, do not include reimbursable costs. The City will pay the Consultant the actual cost of all reimbursable expenses. d. Fees will be due and payable monthly for Phases A through F inclusive. Accompanying each monthly fee statement, the Consultant shall provide a short narrative describing the status of the project. e. All provisions of the Agreement where not specifically defined shall be reconciled in accordance with the highest ideals of the Architectural and Engineering profession. f. The Consultant shall be compensated on a basis of direct personnel expense times a multiplier of 2.50 for additional services unless a fixed fee is mutually agreed upon. Engagement of outside consultant services shall be based on actual costs times a multiplier of 1.10. g. Reimbursable outside expenses shall be paid, based on the Architect's actual expenditures, at cost. When using privately owned automobiles, costs shall be computed at twenty and one half cents per mile. ARTICLE VI TRAFFIC CONSULTANT. It is understood that the Consultant has retained the services of R.C. Rich and Associates, Inc.; 25240 Lahser Road, Southfield, Michigan 48034, to serve as the Consultant's traffic, parking, operations and economic consultant for this project. R.C. Rich and Associates will provide services covered under this agreement. Compensation for their services are covered under this agreement. T ARTICLE VII. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between 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 understanding of any kind or nature. ARTICLE VIII. BENEFIT OF AGREEMENT. This Agreement is binding upon and shall insure to the benefit of the parties hereto and their heirs, successors, and permitted assigns. ARTICLE IX. VENUE. Venue of any suit or cause of action under this contract shall lie in Johnson County, Iowa. It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. - 10 - 333 In witness whereof; the parties hereby have executed this Agreement in triplicate originals on this date, the &A day of , 1984. FOR THE CITY: FOR HANSEN LIND MEYER, P.C. Mayor rincipal V ATTEST: ATTEST: ity Clerk .9 RJ5- w . - .'�Cl�i:•r 77;: ;tY,ly,•t; i���J;,t � y CRITICAL PATH SCHEDULE ` �� �r� �r� I Ir I Ir I �r I ��r I �r I �wr I ar I •..+.' IMS .714 _r 1 � t.: y�.� /q. � .M -- r� N� YMr N � �� IW,r .. •N �N :S.t 5 :' i � 1 � L' ••: t �1 L '• y. � �':.' :'!� rw "� r.+wr• ,rum wonr wr wa a '� w..s.� . .. _ i �. w rr� It !I• ti tl• i's r u/uq tis ins +- DUSUOUE S7M RAW PARR E4-% • I r w� Y /• -�4 1 a.s i M.F.STONM :. m q"NVm . T'/ T f�� 7 TALK KAllIM IOWA CITY PARKING STUDY EXHIBIT A Hanan Lin T•lleh A A" 84-105 geoulutton of Q6.1mutenbutioxt Aereas, Charles Fulton submitted a resignation from the service of the City of Iowa City effective May 18, 1984 and Phereas, the said Charles Fulton as an employee of the Traffic Engineering Division has given the City of Iowa City of dedicated service, from March,1963 and Alhereas, the City Council wishes to commend the said Charles Fulton for said service. ' Xofu 4llherefore be it psol6eb bq Che Qlftg (Qoatteil of Pofua THU, c'#ofua: 1. That the City Council of Iowa City, Iowa hereby commends Charles Fulton for meritorious service in the Traffic Engineering Div. of the City over the years 2. That the City Council extends the gratitude of the City to the said Charles Fulton for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Charles Fulton. It was moved by Ambrisco and seconded by Baker that the Resolu- tion be adopted. �0 I 00 J Passed and approved this MAYOR 22nd da of May, 1984. RESOLUTION NO. 84-106 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: Knox Corporation dba Knox Kerr McGee 2229 Muscatine Avenue Iowa City, IA 52240 It was moved by Dickson 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 22nd day of May , 19 84 yor RESOLUTION NO. 84-107 RESOLUTION ACCEPTING THE WORK FOR THE LINN STREET IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Linn Street Improvement Project as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa dated MUYUb, 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 Dickson 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 22nd day of May 19 84 . n ' wig✓ / �� �� i_ , i MAYOR p,• —Ived c, L`pproveci 6y The Ler-421 D artment 5-116 4- RESOLUTION NO. 84-108 RESOLUTION ACCEPTING THE WORK FOR ROCKY SHORE BIKEWAY PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Rocky Shore Bikeway Project as included in a contract between the City ci Iowa City and Streb Construction, Inc. of Iowa City, Iowa dated _5eptember 27. 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 Dickson 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 22nd day of 19 84 L/OJ� MAYOR ATTEST: *t'CITY CLERK n �r rcvrsa By The L-;z:i I?eazrxn' kP?T 1b I JA4- 3qo RESOLUTION NO. 84-109 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT IWITTTHppLLIOOAAWTAI-INNLLIN��OgqISSNNGAS AND ELECTRIC COMPANY FOR DISTRIBUTISN SYSTEMTENANCE OF ELECTRIC PRIMARY WHEREAS, the City of Iowa City, Iowa. has negotiated a contract with Iowa -Illinois Gas and Electric a copy of said con rac being attached to this Resolution and by this reference made i --Part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said contract with Iowa -Illinois Gas and Electric Company for install ti on and maintenance of an electric primary distribution system to serve the Rundell-CeDtgr_Storm Watar Pumping St-tipn NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the contract with Iowa -Illinois Gas and Electric omoany 2. That the City Clerk shall furnish copies of said contract to any citizen requesting same. It was moved by Dickson 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 22nd day of kjy 19 84 . ATTEST Ree:eived & Approved By The Legal Deperhmnt V jk4. 4.391 IOWA -ILLINOIS GAS AND ELECTRIC COMPANY ELECTRIC DISTRIBUTION SYSTEM CONTRACT IOWA DISTRICTS District Iowa City Contract No. Date 5/4/84 Co, Rep, Rirhard Rnrk Contract made this day be and between r i t y of T nwa r i t y hereinafter called the "Customer" and Iowa -Illinois Gas and Electric Company, 206 East Second Street, Davenport, Iowa hereinafter called the "Company". The parties agree the Company shall install an Electric Primary Distribution System to serve The Company shall install, own, operate and maintain this system, reserving the right to extend or alter the system in the future if necessary. The customer shall be responsible for: 1. Providing a signed final plat of the subdivision or a plot plan of the area to be served. 2. Providing the concrete transformer pads and other facilities where required by the Company's Rules and Regula- tions, which include an inspection by a Company representative prior to pouring the pads. 3. Providing easements cleared of all obstructions, area to final grade over the route of the distribution system, streets finished to local specifications and sewer and water installed. 4. Placing visible stakes on all lot comers and easement lines. 5. Providing drawings showing the location of all present and future underground facilities. 6. Meeting the duties as noted above within six months of the date of this Contract. The Company agrees to install __L- Q e 5 feet of electric primary distribution system subject to securing the neves sary right-of-way. The Customer agrees to deposit with the company before the installation is started the sum of $ R , q 4 S - which is the Customers share of the cost of the extension. No interest will be paid on the deposit. The Company will refund to the Customer an amount equal to 3 times the estimated annual base revenue for each residential customer added to and connected directly to a point on this extension. (Estimated annual base revenue is the electric estimated annual revenue less the fuel expense cost.) The same refund provision shall apply for each commercial and industrial customer. The total of all refunds shall not exceed the amount of the original deposit. No refunds will be made in whole or in part after expiration of the ten (10) year period from the date of this contract. Before the electric distribution system will be installed, the streets must be finished to local specifications, sewer and water mains installed, and the route of the extension must be to final grade and clear of obstacles. An additional non-refundable charge will be made if the extension is installed under winter conditions as determined by the Company. The installation of the system shall be in accordance with the Company's Rules and Regulations, copy of which if available upon request by the Customer. a a� Iowa -Illinois Gas and Electric Company CUS OMER: aa-c�,�Qlff S� ii Sliir�i.C'J �/��i� By ��� Signed j Vice President Date S 85/ Dat 1'ce a WHITE -CUSTOMER COPY • BLUE- CUSTOMER RECORDS COPY • CANARY -COMMERCIAL OFFICE -INDUSTRIAL ENGINEERING COPY B7 M:1 10.'1 39� RESOLUTION NO. 84-110 RESOLUTION APPROVING THE AMENDED BYLAWS OF THE IOWA CITY RESOURCES CONSERVATION COMMISSION WHEREAS, the Resources Conservation Commission adopted its bylaws at a regular meeting held April 5, 1977; and WHEREAS, on December 12, 1983, the Resources Conservation Commission amended Article V, Section 1 of said bylaws to provide for a new regular meeting time by amending said bylaw to read as follows: Regular Meetin s. Regular formal meetings of this Commission shall be held on the second Monday of each month. WHEREAS, on May 14, 1984, the Resources Conservation Commission amended Article III, Section 5, of said bylaws, by amending said respective bylaws to read as follows: Notice of Meetings. Notice of regular 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, State Code. 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. WHEREAS, the City Council Rules Committee has approved the above amended bylaws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the above amended bylaws of the Resources Conservation Commission are hereby approved. It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll ca there were: AYES: NAYS ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD X STRAIT x ZUBER Passed and approved this 22nd day of /May 19 4. � �/ MAYOR (f ATTEST: .L L I Y CLERK By Tpr I.."t:ci D_Ra:!r:eanl t _ L!4t+ 393 RESOLUTION NO. 84-111 RESOLUTION CONSENTING TO THE VACATION OF A PORTION OF THE PLAT OF STURGIS CORNER ADDITION, PART II. WHEREAS, the Myles Development Company is the proprietor of a portion of the plat of Sturgis Corner Addition, Part II, as legally described in Exhibit A attached; and WHEREAS, no lots in that portion of Sturgis Corner Addition, Part II, have been sold by the proprietor; and WHEREAS, Chapter 409 of the Code of Iowa enables any proprietor of a plat to vacate said plat under certain conditions and with the consent of the city in which the plat is located; and WHEREAS, the Department of Planning and Program Development, the Depart- ment of Public Works, and the Planning and Zoning Commission have reviewed said vacation and have recommended consent be given to same. NOW, THEREFORE, BE IT RESOLVED That the City of Iowa City grants to Myles Development Company consent to vacate the plat of Lot 6, Lot 9, the Riverfront Area, and a portion of Sturgis Corner Drive right-of-way, all in Sturgis Corner Addition, Part II, a resubdivision of a part of Lot 2 as recorded in the Johnson County Recorder's Office in Plat Book 17, Page 29. 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 ofOZRM , 4. 03� ATTEST: CLERK Received & Approved By Th Legal Department n s 7 39Y ibit A Boundary Description for the vacation of Lot 6, Lot 9, Riverfront Area and a portion of Sturgis Corner Drive right-of-way all in Sturgis Corner Addition, Part 2, a resubdivision of a part of Lot 2 as recorded on December 16, 1977 in Plat Book 17, Page 29, Johnson County Recorder's Office more particularly described as follows: Beginning at the southwest corner of said Lot 6; thence S 71° 04' 20" E - 290.39 feet along the northerly right-of-way line of Highway 6 to Point "A" on the westerly bank of the Iowa River; thence N 20° 00' 00" W - 165.00 feet along said westerly bank; thence N 13° 00' 00" W - 270.00 feet along said westerly bank; thence N 23° 00' 00" W - 200.00 feet along said westerly bank to Point "C"; thence N 90° 00' 00" W - 94.51 feet to the westerly right-of-way line of said Sturgis Corner Drive; thence 54.55 feet along said westerly right-of-way line along a 308.98 foot radius curve concave easterly which chord bears S 17° 56' 32" E - 54.48 feet; thence S 23° 00' 00" E - 47.10 feet along said westerly right-of-way to the northern most corner of said Lot 9; thence S 67° 00' 00" W - 130.24 feet along the northwesterly line of said Lot 9; thence S 18° 55' 40" W - 110.00 feet along the westerly line of said Lot 9 to the northerly right -of. -way line of said Sturgis Corner Drive; thence S 71° 04' 20" E - 67.35 feet along said right-of-way; thence 27.81 feet along said right-of-way along a 92.09 foot radius curve concave northerly which chord bears S 79° 43' 26" E - 27.71 feet; thence 84.29 feet along a 65.00 foot radius curve concave southwesterly which chord bears S 51° 13' 26" E - 78.51 feet; thence S 14° 04' 20" E - 12.05 feet along said right-of-way; thence 112.96 feet along said right-of-way along a 196.12 foot radius curve concave southwesterly which chord bears S 2° 25' 40" W - 111.40 feet; thence S 18° 55' 40" W - 32.60 feet along said right-of-way; thence 28.61 feet along said right-of-way along an 80.00 foot radius curve concave northeasterly which chord bears S 8° 41' 03" W - 28.45 feet to the Point of Beginning. Said vacation parcel contains 2.53 acres. -995 RESOLUTION NO. 84-112 RESOLUTION APPROVING THE PRELIMINARY PLAT, PLANNED DEVELOPMENT PLAN AND LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF HUNTER'S RUN SUBDIVISION, PARTS 2-8, AND THE FINAL SUBDIVISION PLAT, PLANNED DEVELOPMENT PLAN AND LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF HUNTER'S RUN SUBDIVISION, PARTS 2 AND 3, JOHNSON COUNTY, IOWA. Z. WHEREAS, the owners, Hunter's Run Development Company, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat/plan of Hunter's Run Subdivision, Parts 2-8, and the final plat/plan of Hunter's Run Subdivision, Parts 2 and 3; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plat/plan and have recommended approval of same; and WHEREAS, the preliminary and final plat/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 plat/plan is 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 IOWA CITY, IOWA: 1. That the preliminary plat, planned development plan and large scale residential development plan of Hunter's Run Subdivision Parts 2-8, and final plat, planned development plan and large scale residential develop- ment plan of Hunter's Run Subdivision Parts 2 & 3 are hereby approved. 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 plat/plan after passage and approval by law; and the owner/sub- divider shall record said final plat/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 Dickson and seconded by Ambrisco 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 22nd d of Ma 1984. Yo ATTEST:&C,4� �ae IfReceived & Approved By 2e!al Department 39G, RESOLUTION NO. 84-113 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE HIGHLANDER DEVELOP- MENT, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Jomac Development Company, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of the Highlander Development; 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; and WHEREAS, the preliminary 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 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 the preliminary plat of the Highlander Development is hereby approved. 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 plat after passage and approval by law. It was moved by _ Ambrisco and seconded by Baker 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 22nd day of May 1984. ATTEST: Received $ Approved By The legal Department 397 RESOLUTION NO. 84-114 RESOLUTION APPROVING THE FINAL PLAT OF THE HIGHLANDER DEVELOPMENT, FIRST ADDITION, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Jcmac Development Company, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of the Highlander Development, First Addition, which property is legally described in Attachment A; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same; and WHEREAS, the final plat has been examined by the Planning and Zoning Commis- sion and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the final plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa; and WHEREAS, the Planning and Zoning Commission recommended that a waiver of the sidewalk requirements be granted until such time as bus service is provided to this development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of the Highlander Development, First Addition, is hereby approved. 2. That the sidewalk requirements be waived until such time as bus service is provided to this development. 3. 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 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 Resolution be adopted, and 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 22nd day of AIay , 1984 Baker the Received d Appraveu By Tho Logal Depat*wnf X98 3M ATTACRYM Comencing as a point of reference at the Northeast corner of the Sm.theast quarter of the Southwest quarter of Section 35, Tpwnse•p 80 Nortr, Range 6 West of the fifth Principal Meridian, lo.a City, John',in :runty, lowa; thence, North 00020'00" West 189.76 feet alonq the East line of the Southwest quarter of said Section 36 to the Point )f beginning (for purposes of this description the West dine of the ;poth.est quarter of said Section 36 is assumed to bear North 00 00'00" Eas'); thence, North 89026'00' East 1,321.88 feet to a point of intersection with the East line of the Southwest quarter of th- Southeast quarter of said Sectiun 36; thence, South 00012'00• West 1,:51.57 feet a' -ng the list line of the Southwest quarter cf sai"+ Sou:he.i.t judrter tc a Yi+:: of intersection with the Northerly right-of-way tine of lnterstat- M;gn.ay 80; thence, Northwesterly 690.72 f'roet alogg a 6,431.6: foot radius curve concave Southwesterly (cnurd North 84 26'2." west 693.39 feoU to a po nt of tangency; thence, North 87030'49" West 429.28 feet along the Northerly right-of-way line of said highway to a Point 140 feet in pe-pendicu lar distance Northerly from the centerline of said highway; thence, North 78003'04• West 305.02 feet a.ong said right-cf-way line to a point 190 feet in perpendicular distance Northerly from the centerline of said highway; thence, North 87026'20" hest 87.77 feet along said right-of-way line to a point; thence, North 12032'52" East 419.55 feet to a pant of curvature of a 250.00 foot radius curve concave Northeasterly; thence, Northwesterly 33.49 feet along said 250.00 foot radius curve (chord bearing North 35 09'22" West 332.31 feet) tr; a point; thence, North 63000'25• West 491.22 feet to a point; thence, North 40002'35' East 90.14 feet to a point; thence, North 46032'00" lest 561.87 feet to a Point of intersection with the Easterly right-of-.ay'ine of lova State di3hway Nu'lber 1, said point being 95 feet Easterly froin the centerline of said highway; thence. North 24044'00" East 118.00 feet along the said Easterly right -of -ray line to a point; thence, North 14048'00" East 203.04 feet along said Easterly right -of -ray line to a Point 60 feet in Perpendicular distance Easterly from the Centerline of Said h1inw3y; thence. North 24044'00" East 267.50 feet a'ong sai.i Easterly right-ef-way line to a point of curvature of a 2,805.60 "p^vt radt"s ceryl' cnr,ave Southeasterly; therce, Northeasterly 28.04 feet al;rg sail c,.rve (:herd b•+wing Nor :c 25`01'10" East 23.0: feet) to a point; thence, South 49006'50" East 1,186.34 f"et 'o a pv,'•: of bng ;:hiss :cc containing 51.2 acres, more or less. 4/nn RESOLUTION NO. 84-11S RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY85 ASPHALT RESURFACING PROGRAM ESTABLISHING A`1OUNT 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 tthe Civic Center, until 10:00 a.m on the 12th day of June 19 84 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 19th day of June 1984 . 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 �— Erdahl X McDonald X Strait X Zuber Passed and approved this 22nd day of May �, 1988444 . MAYOR ATTEST: �� Received & Approved CITY CLERK 4/4 By Tile Legal D,partmentINA __ 07 c/IG104- Y�� CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of JOHNSON County, Iowa and to the Stale Comptroller. The Council of the City of Tnwa r.i t -y In said county (counties) met on May 22 , 19 84 at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon tak- 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. 84-116 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 19 84. Be It Resolved by the Council of the City of Iowa: Section 1. Following notice published May 17 , 19_84 and the public hearing held May 22 , 19 84 , 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: Reason: to permit the expenditures of Reason: to permit the expenditures of unanticipated, unencumbered cash balances and unanticipated receipts. balances and Nnantiripated rerPi( PROGRAM TOTALS FROM: 15. TO: 16. Community Protection CURRENT GOVERNMENTAL FUNDS CURRENT PROPRIETARY FUNDS Policy and Administration AS CERTIFIED OR LAST AMENDED AMOUNT OF CHANGE AMENDED TO: AS CERTIFIED OR LAST AMENDED AMOUNT OF CHANGE AMENDED TO: 1. Totaleegi !a Cash Balance 1,645,856 927,367 2,573,223 3 940 101 120,512 4,060,613 2. Income Other Than Property Tax 3,804,511 654,634 4 459 145 6,475 -p6g 127,261 6-60.1,131 3. Transfers In 2,318,135 42,439 2,360,574 1 2,172,606 132,406 2-3ns-m 4. state -Shared Revenue 2,291,545 9,748 2,281,797 _ 5. Property Tax Asking 8,877,580 34 909 8,842,671 -- -- -- 6. TOTAL RESOURCES 12,588,575 380,181 2 6 56 7. Less: Working Balance (Reserve) 3,829,534 (9 64 6. Less: Transfers Out 2,953,091 34 960 2,988,051 2 160 597 111,406 2,272,003 s. Net Resources for Appropriations 14,814,467 724,289 15,538,756 6,598,444 366 422 6,964,866 10. Community Protection 4,415,507 53,452 4,468,959 11. Human Development 2,733,984 125,623 2,859,607 12 Hometammunity 5,475,05-1 415 079 5,890,130 6,598,444 366,422 6,964,866 13. Admi and olicy ration-- 2,189,925 130 135 2,320 060 -- -- -14 14. APPROPRIATIONS 14 814,467 724 289 15,538 756 6,598,,444 366,422 6,964,866 Reason: to permit the expenditures of Reason: to permit the expenditures of unanticipated, unencumbered cash balances and unanticipated receipts. balances and Nnantiripated rerPi( PROGRAM TOTALS FROM: 15. TO: 16. Community Protection Human Development Home & Community Environment Policy and Administration 4,415,507 2 733 984 12,073,495 2,189,925 4,468,959 2 859 607 12,854,9S 2,320,060 Passed this 22nd day of Mn)z Attest WIN, F11- VIA V, i RENT4 MR sl /V03� r. or Vote (li by names): Ayes: Baker, Ambrisco, Dickson, McDonald Nays: None I hereby certify the above transactions to be a true copy of the preceding of the city council and the resolutions passed in the above matter. May 22 19 84 r, x �6`G.>d�� city lark 'An overall increase in the budget or a major change in the proposed transfers belween programs overall will require a new notice and hearing </10 Form 663C (Re~ ,IM3) NOTICE OF PUBLIC HEARIN( AMENDMENT OF CURRENT CITY BUDGET FIDLAR & CHAMBERS CO.. DAVENPORT, IOWA The Council of the City of Iowa City in Johnson (el County, (nameof eounry a countin) Iowa, will meet at Civic Center at 7:30P.M. on May 22, 9 84 (pace of meeting) (hour) (date) for the purpose of amending the current budget of the city for the fiscal year ending June 30, 19 84 , by changing estimates of revenue and expenditure appropriations in the following funds and programs and for the reasons given. Ad- ditional detail is available at the city clerk's office showing revenues and expenditures by fund and by activity. FOR CURRENT GOVERNMENTAL FUNDS RESOURCES: Total Budget as Certified or Last Amended Current Amendment Total Budget atter Current Amendment Total Beginning Cash Balance 1,645,856 Operating Revenue 927 367 2,573,223 Income Other Than Property Tax 3,804,511 Non -Operating Revenue 654 634 4,459,145 1279963 Transfers In 2,318,135 Transfers In 42 439 2,360,574 State -Shared Revenue 2,291,545 Total Resources 9 748 2,281,797 380,181 Property Tax Asking 8.877.580 756 Less: Reserves; Sinking Funds 34 909 8,842,671 (97-6471 Total Resources 18,937,627 Less: Transfers Out 1.579.783 20 517 410 Less: Working Balance (Reserve) 1,170,069 Net Resources for Appropriations 820,534 1-990.6(13 366 422 Less: Transfers Out 2,953,091 APPROPRIATIONS: Community Protection 34,960 -- 2-988,051 -- Net Resources for Appropriations 14,814,467 Human Development 72 556 APPROPRIATIONS: Community Protection 4,415 507 53,452 6.59 4,468,959 444 366,422 Human Development 2,733,984 866 125 2 2 859,607 Home & Community Environment 5,475,051 _ 415 079 5,890,130 366,422 Policy and Administration 6,964.866 Total Appropriations 14,814,467 724.289 15,538,756 FOR CURRENT PROPRIETARY FUNDS (Water, Sewer, fjackk tX Parkin RAf use _Y andfi 11 ,Ai rport, RESOURCES: Total Beginning Cash BalBnces Transit. Operating Revenue 5,615,251 5,615,251 Non -Operating Revenue 860- 617 1279963 qR7,AAn Transfers In Total Resources 12,588,575 380,181 12 968 756 Less: Reserves; Sinking Funds 3-829,534 (97-6471 1 731-AR7 Less: Transfers Out 2.160,597 111,4062,272,003 Net Resources for Appropriations 6,598,444 366 422 6,964,866 APPROPRIATIONS: Community Protection -- -- -- _Human Human Development Home & Community Environment 6.59 444 366,422 6.96 866 Policy and Administration _ Total Appropriations 6.598,444 366,422 6,964.866 Explanations of increases or decreases in revenue estimates, appropriations, or available cash in governmental or pro- prietaryfunds: to permit the expenditures of unanticipated. m n nmb rad rash balances and unanticipated receipts. There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase 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. /Sl I )77,,4idz.x X Xis f i J IL Ctry Clark Instructions: Publish all the above except if city has no enterprise or utility, omit that section. Delete any name of utility not applicable. Add name, such as airport, gas, transit, hospital, if applicable. 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 Iowa City Press Citizen Ion May 17 , 19_ LL yo 3 RESOLUTION NO. 84-117 RESOLUTION ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1984. WHEREAS, a public hearing was held on May 22, 1984, 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 FY84 which is attached to this resolution and by this reference made a part hereof. 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 May 1984.j U, x �t /plf— OR ATTESTo I Y LE 'IC 1 .ct:t'ved a Approved By The LeV.al Department �I City of Iowa Cil .4r1EAOR"ADU- ,,i Date: May 18, 1984 To: City Council and General Public From: Rosemary Vitosh, Director of Finance Re: FY84 Capital Projects Budget Capital projects are initially identified and approved by the City Council in the Five Year Capital Improvements Program (CIP). The capital projects budget is prepared annually using the CIP as the basis for identification of all new projects scheduled to be started in the current fiscal year. The first time a project appears on a capital project budget listing, it is included at its total estimated project cost. This alleviates the need for breaking down a multi-year project into individual annual amounts. At the end of each fiscal year end, any uncompleted project will have its unspent budget amount carried -over to the next fiscal year's budget. The attached chart shows the capital projects budget for FY84. The original estimates are taken from the FY84-88 CIP. The revisions on the expenditure budgets will provide for the total estimated project costs (if the project was started after July 1, 1983) or the total estimated remaining project cost after June 30, 1983 (if the project was started prior to July 1, 1983). Those projects with a zero expenditure amount under the original estimate column are either projects which are carry- overs from FY83 or are new projects approved since the FY84-88 CIP was developed. Since these budgets span more than one fiscal year, the appropriation is referred to as a continuing appropriation rather than an annual appropria- tion. Therefore, any unused portion of these budgets at year end (June 30, 1984) will be carried -over to the FY85 capital projects budget. 5dsk el s ORIGINAL _FY84 C.I.P. STREET & TRAFFIC CONTROL BEGINNING BALANCE RECEIPTS: 75,000.00 G.O. Bonds: Melrose Court 81,500.00 Highway 1 Bikeway 115,000.00 Villa Park Sidewalk 6,700.00 Mercer Park Sidewalk 11,000.00 Willow Creek Park Sidewalk 34,000.00 Linn Street 331,000.00 Benton/Riverside Intersection 300,000.00 Highway 1 -- Rundell/Dearborn Storm Sewer 121,000.00 First Avenue Culvert 6,000.00 Rocky Shore Bikeway 97,500.00 Dubuque Street -Iowa to Park 159,000.00 Tanglewood/Ventura -- Crandic R.R. Crossing -Dubuque & Clinton 21,000.00 Foster Road Right -of -Way 40,000.00 Dubuque Street -Washington to Iowa -- Kimball Road -- CBD Alley -- St. Anne's Drive -- CBD-Clinton Street 18,000.00 Total G.O. Bonds 1,341,700.00 State Ai.d: Benton/Riverside Intersection 300,000.00 CRANDIC RR Crossing -Dubuque & Clinton 20,000.00 Fairmeadows/Hwy. 6 Signals -- Total State Aid 320,000.00 Federal Aid: Dubuque St. -Iowa to Park 431,000.00 Operating Revenue: Blackhawk Mini -Park 75,000.00 Hotel Force Acct. -- Total Operating Revenue 75,000.00 General Revenue Sharing: Kirkwood Circle -- Shamrock/Arbor Storm Sewer -- Total General Revenue Sharing -- Special Assessments: St. Anne's Drive -- Tanglewood/Ventura -- Alley Paving Lyon's Addition 62,000.00 Total Special Assessments 62,000.00 Road Use Tax: Extra -Width Paving-Boyrum 35,000.00 REVISIONS & NEW -PROJECTS 2,500.00 (115,000.00) (6,700.00) (11,000.00) (34,000.00) (105,495.00) (73,458.00) 332,284.00 59,822.00 230,000.00 (5,501.00) 16,937.00 84,035.00 8,700.00 182,066.00 26,800.00 15,945.00 42,407.00 (18,000.00) 632,342.00 (68,814.00) 10,392.00 (58,422.00) 36,813.00 33,000.00 33,000.00 27,600.00 208,000.00 235,600.00 21,203.00 42,018.00 15,045.00 78,266.00 FY84 BUDGET (9,764.00) 84,000.00 225,505.00 226,542.00 332,284.00 180,822.00 236,000.00 91,999.00 175,937.00 84,035.00 21,000.00 48,700.00 182,066.00 26,800.00 15,945.00 42,407.00 1,974,042.00 231,186.00 20,000.00 10,392.00 261,578.00 467,813.00 75,000.00 33,000.00 108,000.00 27,600.00 208,000.00 235,600.00 21,203.00 42,018.00 77,045.00 140,266.00 43,000.00 Community Development Block Grant: North Dodge St. Sidewalk Kirkwood Circle Rundell/Dearborn Storm Sewer ORIGINAL REVISION & FY84 FY84 C.I.P. NEW PROJECTS BUDGET ------ ----- ----- ---------$--- 26,350.00 124,000.00 60,000.00 14,600.00 Total CDBG- 150,350.00 74,600.00 Contributions: CRANDIC RR Crossing -Dubuque to Clinton 20,000.00 -- Dubuque St. -Washington to Iowa -- 10,689.00 Total Contributions 20,000.00 10,689.00 TOTAL RECEIPTS EXPENDITURES: Melrose Court Kirkwood Circle Villa Park Sidewalk Mercer Park Sidewalk Willow Creek Park Sidewalk Highway 1 Bikeway Linn Street Blackhawk Mini -Park Benton/Riverside Intersection Highway 1 Rundell/Dearborn Storm Sewer Shamrock/Arbor Storm Sewer First Avenue Culvert Rocky Shore Bikeway CRANDIC RR Crossing -Dubuque to Clinton St. Anne's Drive Dubuque Street -Iowa to Park North Dodge St. Sidewalk Tanglewood/Ventura Extra Width Paving-Keokuk/Sandusky Hotel Force -Acct. Work Foster Road Right -of -Way Dubuque St. -Washington to Iowa Kimball Road Alley Paving Lyon's Addition CBD Alley CBD -Clinton Street TOTAL EXPENDITURES ENDING BALANCE 2,435,050.00 1,050,888.00 81,500.00 2,500.00 -- 87,600.00 6,700.00 (6,700.00) 11,000.00 (11,000.00) 34,000.00 (34,000.00) 115,000.00 (115,000.00) 331,000.00 (105,495.00) 75,000.00 -- 600,000.00 (142,272.00) -- 332,284.00 245,000.00 82,913.00 -- 208,000.00 6,000.00 230,000.00 97,500.00 (5,501.00) 61,000.00 -- -- 58,420.00 590,000.00 53,750.00 26,350.00 -- -- 126,053.00 35,000.00 8,000.00 -- 33,000.00 40,000.00 8,700.00 -- 192,756.00 -- 24,940.00 62,000.00 13,976.00 -- 26,200.00 18,000.00 (18,000.00) 2,435,050.00 1,051,124.00 26,350.00 60,000.00 138,600.00 224,950.00 20,000.00 10,689.00 30,689.00 3,485,938.00 84,000.00 87,600.00 225,505.00 75,000.00 457,728.00 332,284.00 317,913.00 208,000.00 236,000.00 91,999.00 61,000.00 58,420.00 643,750.00 26,350.00 126,053.00 43,000.00 33,000.00 48,700.00 192,756.00 24,940.00 75,976.00 26,200.00 3,476,174.00 8/67 POLLUTION CONTROL PROJECTS BEGINNING BALANCE RECEIPTS: Federal Aid: Wastewater Treatment Facility Interest Income: Wastewater Treatment Facility Dodge/Ralston Creek Storm Sewer Repair Total Interest Income Operating Revenue: S.W. Interceptor Sewer Ralston Creek Sewer Relocation Total Operating Revenue Road Use Tax: Dodge/Ralston Creek Storm Sewer Repair TOTAL RECEIPTS EXPENDITURES: S.E. Interceptor Sewer Sewer System Rehab Wastewater Treatment Facility Outfall Relief System S.W. Interceptor Sewer Dodge/Ralston Creek Storm Sewer Repair TOTAL EXPENDITURES ENDING BALANCE ORIGINAL REVISIONS & FY84 FY84 C.I.P. NEW PROJECTS BUDGET ----- ----- ----- ----- ---- --- 1,305,029.00 -- 191,801.00 191,801.00 -- 19,831.00 19,831.00 -- 110.00 110.00 -- 19,941.00 19,941.00 -- 6,754.00 6,754.00 -- 964.00 964.00 -- 7,718.00 7,718.00 1,136.00 220.596.00 175,284.00 185,103.00 84,888.00 854,114.00 6,754.00 -- 1,136.00 -- 1,307,279.00 1.136.00 220,596.00 175,284.00 185,103.00 84,888.00 854,114.00 6,754.00 1,136.00 1,307,279.00 218,346.00 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES FY84 BUDGET WATER IMPROVEMENTS BEGINNING BALANCE RECEIPTS: G.O. Bonds: East Side Water Storage Tank EXPENDITURES: East Side Water Storage Tank ENDING BALANCE PARKING IMPROVEMENTS BEGINNING BALANCE RECEIPTS: Operating Revenue: Parking Lot Improvements Parking Needs Study TOTAL OPERATING REVENUE EXPENDITURES: Parking Lot Improvements Parking Needs Study TOTAL EXPENDITURES ENDING BALANCE HUMAN DEVELOPMENT BEGINNING BALANCE RECEIPTS: Operating Revenue: New Library & Conversion EXPENDITURES: New Library & Conversion ENDING BALANCE ORIGINAL _FY84 C.I.P. REVISIONS & NEW PROJECTS -- 1,117,000.00 1,117,000.00 5,980.00 30,000.00 35,980.00 FY84 BUDGET 1,236.50 1,117,000.00 1,117,000.00 1,236.50 5,980.00 30,000.00 35.980.00 -- 5,980.00 5,980.00 -- 30,000.00 30,000.00 -- 35,980.00 35,980.00 -- 37,701.00 37,701.00 37,701.00 q09 BRIDGE CONSTRUCTION BEGINNING BALANCE RECEIPTS: G.O. Bonds: Camp Cardinal Bridge Burlington Street Bridge Iowa Avenue Bridge Benton Street Bridge Total G.O. Bonds Federal Aid: Burlington Street Bridge Iowa Avenue Bridge Total Federal Aid State Aid: Camp Cardinal Road Bridge TOTAL RECEIPTS EXPENDITURES: Camp Cardinal Road Bridge Burlington Street Bridge Iowa Avenue Bridge Benton Street Bridge TOTAL EXPENDITURES ENDING BALANCE ORIGINAL -FY84-C.I_P_- 49,000.00 49,000.00 49,000.00 49,000.00 49,000.00 REVISIONS & NEW PROJECTS 120,055.00 422,492.00 606,283.00 (798.00) 1,148,032.00 650,000.00 650,000.00 1,300,000.00 266,482.00 2,714,514.00 386,505.00 1,072,686.00 1,256,284.00 (5,870.00) 2,709,605.00 FY84 BUDGET (2,735.00) 120,055.00 422,492.00 606,283.00 48,202.00 1,197,032.00 650,000.00 650,000.00 1,300,000.00 266,482.00 2,763,514.00 386,505.00 1,072,686.00 1,256,284.00 43,130.00 X758,605.00 2,174.00 A�1/10 OTHER CONSTRUCTION BEGINNING BALANCE RECIEPTS: G.O. Bonds: North Branch Detention T -Hangars Total G.O. Bonds Operating Revenues: Old Transit Garage Acquisition Neoplan Park Restrooms Civic Center Roof Repair Transit Facility Bus Shelters Bus Fleet Expansion/Replacement Salt Storage Building Total Operating Revenues Federal Aid: Transit Facility Bus Shelters Bus Fleet Expansion/Replacement Total Federal Aid State Aid: Bus Fleet Expansion/Replacement Contributions: Neoplan Park Restrooms TOTAL RECEIPTS EXPENDITURES: Napoleon Park Restrooms North Branch Detention T -Hangars Old Transit Garage Acquisition Civic Center -Roof Repair Transit Facility Bus Shelters Bus Fleet Expansion/Replacement Salt Storage Bldg. TOTAL EXPENDITURES BALANCE ADJUSTMENTS: Bus Acquisition UMTA Grant ENDING BALANCE ORIGINAL -FY84=C_I_P_ 120,000.00 120,000.00 100,000.00 10,000.00 46,125.00 50,000.00 206,125.00 807,750.00 807.750.00 REVISIONS & NEW PROJECTS 3,548.00 (120,000.00) (116,452.00) 100,000.00 5,060.00 413,490.00 2,265.00 178,875.00 (39,762.00) 659,928.00 2,279,696.00 6,822.00 (132,750.00) 2,153,768.00 46,125.00 (46,125.00) 10,000.00 1.190.000.00 20,000.00 120,000.00 100,000.00 900,000.00 50,000.00 11190,000.00 2,651,119.00 3,528.00 (120,000.00) 100,000.00 5,060.00 2,597,914.00 5,676.00 10.148.00 2,602,326.00 FY84 BUDGET (48,355.00) 3,548.00 3,548.00 200,000.00 10,000.00 5,060.00 413,490.00 2,265.00 225,000.00 10,238.00 866,053.00 2,279,696.00 6,822.00 675,000.00 2,961,518.00 10,000.00 3,841,119.00 20,000.00 3,528.00 200,000.00 5,060.00 2,597,914.00 5,676.00 900,000.00 60.148.00 3,792,326.00 (350.00) (88.00) Q( May 22 , 1984 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 John McDonald in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, McDonald Absent: Erdahl, Strait, Zuber -1- AHLERS. GOONEY. DORWEILER. HAYNIE. SMITH a ALLREE. L.wYERS. DES MOINES. IOWA yea The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the Highway 1/interstate 80 Sewage Pumping Facilities Project, in accordance with the plans and specifications therefor. Council Member Dickson moved and Council Member Ambrisco seconded the motion as follows: XXX = 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: Dickson, Ambrisco, Baker, McDonald NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 84-118 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Sulzberger Excavating, Inc. for in the amount of $ Z49,Uid.bU , for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, A.. fpc rnQ.I F'_OWl r. 4Gr.IT Cup A AI AFe eWr"o5 C;FS MnN Fc CWa y/3 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. 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 22nd day of May , 1984. ATTEST: F RIMMA 6:05 5- -6- A.,,.S COONE• DORwEIIER Hcv NiE SM.TY g ALLBEE L.wTEBS DES MDINE5. IOW /,� CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of I hereby certify that attached is a true the portion of the corporate records o showing proceedings of the Council, an complete copy of the action taken by s to said matter at the meeting held on the attachment, which proceedings rema effect, and have not been amended or r that meeting and all action thereat wa in accordance with a notice of meeting copy of which was timely served on eac and posted on a bulletin board or othe accessible to the public and clearly d pose at the principal office of the Co face sheet of said agenda being attach the local rules of the Council and the 28A, Code of Iowa, upon reasonable adv public and media at least twenty-four mencement of the meeting as required b CIG -3 1-79 Awa City, Iowa, do and complete copy of E said Municipality 9 the same is a true and aid Council with respect the date indicated in in in full force and :scinded in any way; s duly and publicly held and tentative agenda, a h member of the Council r prominent place easily asignated for that pur- uncil (a copy of the ed hereto) pursuant to provisions of Chapter ance notice to the hours prior to the com- V said law and with mem- bers of the public present in attendance; I Curtner 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 ZZnd day of M" , 1984. SEAL City Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIE. SMITH B ALLBEE. LAWYERS. DES MOINES. IOWA S145S NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa Date of Meeting: May 22,1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 and award of contract. Such additional matters as are set forth on the additional 17 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, andihe local rules of said governmental body. City'Llerk, Iowa City, Iowa a 116 P May 22 , 1984 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 John McDonald in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, McDonald Absent: Erdahl, Strait. Zuber -1- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLREE. LAWYERS. DES MOINES. IOWA yip Ambrisco introduced the following Resolution entitled "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, AND FIXING A DATE FOR HEARING THEREON AND TAKING OF BIDS THEREFOR," and moved that the same be adopted. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: McDonald. Ambrisco. Baker. Dickson NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 84-119 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, AND FIXING A DATE FOR HEARING THEREON AND TAKING OF BIDS THEREFOR WHEREAS, it is deemed advisable and necessary to construct certain public improvements described in general as construc- tion of the Rochester Avenue Reservoir and pumping station, and has caused to be prepared plans, specifications and form of contract, together with estimate of cost, which are now on file in the office of the Clerk for public inspection, for the construction of said public improvements, and said plans, spe- cifications and form of contract are deemed suitable for the making of said public improvements; and WHEREAS, before said plans, specifications, form of contract and estimate of cost may be adopted, and contract for the construction of the public improvements entered into, it is necessary, pursuant to Division VI of Chapter 384 of the Code of Iowa, to hold a public hearing and to advertise for bids: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That it is hereby determined that it is necessary and advisable to construct certain public improve- ments described in general as construction of the Rochester -2- A.IERS. GOONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA Avenue Reservoir and pumping station, in the manner set forth in the plans and specifications and form of contract, above referred to, the cost thereof to be paid out of the proceeds derived from the issuance and sale of General Obligation Bonds of said City, as authorized by Chapter 384, Code of Iowa, as amended, and/or from the use of such other funds of said City as may be legally used for such purposes; said public improve- ments being more generally described as follows: CONTRACT 1 - RESERVOIR Construction of 2.0 million gallon, partially buried prestressed concrete water storage reservoir including all materials, labor and equipment necessary for site preparation, erosion control, excavation, backfill and sitework, granular subbase and subdrain system, storm sewer, concrete, reinforcing steel, reinforced concrete foundation, precast prestressed concrete wall, concrete column supported concrete roof, piping, testing, disinfec- tion and miscellaneous associated work including cleanup. CONTRACT 2 - PUMPING STATION Construction of pumping station including all materials, labor and equipment for site utilities, concrete driveway, precast concrete building construction, piping, valves, pumps and motors, pump and engine, electrical work including motor control center and work at Water Treatment Plant, lighting, heating and ventilating, project landscaping including seeding, sodding, trees and shrubs, testing, disinfection and miscellaneous associated work including cleanup. Section 2. That the amount of the bid security to accom- pany each bid shall be in an amount which shall conform to the provisions of the notice to bidders 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 circulation in this City. Publication shall be not less than four clear days nor more than forty-five days prior to June 26 , 1984, which is hereby fixed as the date for receiving bids. Said bids are to be filed prior to 2:00 o'clock P.M., on said date. -3- AHLERS. COONEY, DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA yi9 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 3 , 1984, 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 at 7:30 o'clock P.M. on June 5 1984. PASSED AND APPROVED, this 22nd day of May , 1984. yor ATTEST: i 11 F Y, E VA -4- AHLERS. COONEY. DORWEILER. HAYNIE. 5MITN a /LLBEE. LAWYERS. DES MOINES, IOWA Ivo 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 22nd day of May , 1984. SEAL Cit Clerk, Iowa City, Iowa AMLERS, COONEY, DORWEILER. HAYNIE. SMIT. a ALLBEE. LAWYERS. DES MOINES. IOWA <w 4rMWZ 5-.13-iY lvzo .- (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: May 22, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 ordering construction of the Rochester Avenue Reservoir and pumping station. Such additional matters as are set forth on the addi- tional 17 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. r � lo.i.�a �..� �• � ail✓ City Clerk, Iowa City, Iowa ANLERS. COONEY. DORWEILER. HAYME. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA RESOLUTION NO. 84-120 RESOLUTION ESTABLISHING A PUBLIC HEARING ON THE CITY OF IOWA CITY'S UMTA SECTION 3 APPLICATION FOR FINANCIAL ASSISTANCE TO PURCHASE TRANSIT COACHES WHEREAS, the City of Iowa City intends to file an Urban Mass Transporta- tion Administration Section 3 application for financial assistance to purchase transit coaches, radios, and fareboxes; 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 P.M. on July 3, 1984, in the Council Chambers of the Iowa City Civic Center; and 2. That the City Clerk is hereby authorized and directed to publish notice of said public hearing in a newspaper, published at least once weekly, and having general circulation in the city, at least thirty (30) days before said hearing; and 3. That the City is hereby authorized and directed to place on file for public inspection the City of Iowa City's UMTA Section 3 application for financial assistance to purchase transit coaches, spare parts and bus shelters. 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 X Erdahl X McDonald R Strait X Zuber Passed and approved this 22nd day of May , 1984. ATTEST P*=+eed & Appmue d By The leya9 D�Pariment s i� 9 RESOLUTION NO. 84-121 RESOLUTION AUTHORIZING THE FILING OF A SECTION 3 GRANT APPLICATION WITH THE URBAN MASS TRANSPORTATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT TO PURCHASE TRANSIT EQUIPMENT WHEREAS, the City of Iowa City intends to enter into a grant agreement with the Urban Mass Transportation Administration to purchase six (6) transit coaches, six (6) bus radios, and six (6) fareboxes, and WHEREAS, adequate federal and local funds exist to allow the purchase of said equipment, and WHEREAS, the contractor for financial assistance will impose certain obligations upon the applicant, including the provision of the local share of project costs, and WHEREAS, it is required in connection with the filing of an application 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 that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and admini- stered to assure that minority business shall have the maximum feasible opportunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the City Manager is authorized to execute and file a grant application on behalf of the City of Iowa City with the U.S. Depart- ment of Transportation to aid in the financing of six transit coaches including radios and fareboxes. 2. That the City Manager is authorized to execute and file with such grant application an assurance or other documents 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 is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the project and subsequent grant amendment. That the City Manager is authorized to set forth and execute affirma- tive minority business policies in connection with the project's procurement needs. 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 Ambrisco X Baker Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 22nd day of May , 1984. ATTEST 4 O RESOLUTION NO. 84-122 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 a Industrial Revenue Bond Policy on October 21, 1980 (Resolution 80-474), and amended by various resolutions; and WHEREAS, the City of Iowa City wishes to encourage medium and high density housing in and near downtown Iowa City as expressed in the City's Compre- hensive 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 Lot 8 and the north 3 feet of Lot 7, Block 1, County Seat Addition of Iowa City, Iowa. It was moved byAml�r�sco and seconded by Baker opted, and the Resolution be adupon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO —X— BAKER —� DICKSON X ERDAHL MCDONALD X STRAIT —R— ZUBER Passed and approved this 22nd day of?'0 1984. ATTEST: rrxa/ � I CLERK bcah•ad & Qpprov&c! 13y The Lr_,jol Department ..-7..j0�g.I.4 I% - MAP A ELIGIBLE AREA: INDUSTRIAL REVENUE BONDS f d 1 WI 7 u Ijtsrrr v ars morm ■ ■ J m Me - Enabling Resolutions Containing Legal Descriptions Resolution No. 80-474 Resolution No. 81-266 Resolution No. 81-290 Resolution No. 81-271 Resolution No. 83-418 5/a7 rf'of5 - May 22 , 1984 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 John TE -Donald in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, McDonald Absent: Erdahl, Strait. Zuber -1- AHLERS. COON". DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYERS, DES MOINES. IOWA a Fa Matters were discussed relative to the request from Jackson Square Associates, regarding the issuance of not to exceed $900,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Jackson Square Associates Project). Following an explanation of the proposed Project by representatives of the Company and a discussion of the proposal, Council Member Rakes' introduced the following Resolution in written form and moved its adoption. Council Member Ambrisco seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: McDonald, Ambrisco, Baker, Dickson NAYS: 1L WIM The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the Deputy City Clerk, and was declared to be effective. The Resolution is as follows: A.MLERS. GOONEY. DORWEILER. HAYNIE. 5.Z-. a ALLBEE. LAWYERS, DES MOINES. IOWA RESOLUTION NO. 84-123 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $900,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE BONDS (JACKSON SQUARE ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws 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 Commercial Development Revenue Bonds, and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for the use of any commercial enterprise which the City Council, as the governing body, finds is consistent with an urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Jackson Square Associates, an Iowa general partnership (hereinafter referred to as the "Company"), to authorize and issue its Commercial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of acquiring, improving and equipping a 27 unit housing complex for the elderly (hereinafter referred to as the "Project"); and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Neighborhood Development Plan adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and ARLERS. COONEY. DORWEILER. HAYNIE.-53RN a ALLBEE. LAWYERS. DES MOINES, IOWA 4N WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $900,000 in aggregate principal amount of its Commercial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended (the "Code"), may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official action" toward the issuance of such Bonds prior to the commencement of construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; 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 by Section 419.9 of the Act and Section 103(k) of the Code. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: A„LERS, COONEY. DORWEILER. HAYNIE.'54RN B ALLBEE, LAWYERS, DES MOINES. IOW. q3( Section 1. A public hearing shall be conducted on June 19, 1984, at 7:30 o'clock P.M., before this City Council in the Council Chambers at the Civic Center in the City of Iowa City, Iowa, on the proposal to issue not to exceed $900,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Jackson Square Associates Project) pursuant to the provisions of the Act, for the purpose of financing all or a portion of 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 proceed with the issuance of said Bonds. Section 2. The Deputy 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 Iowa City Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substantially the following form: AHLERS. COONEY DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 4/72;k, NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE COMMERCIAL DEVELOPMENT REVENUE BONDS (JACKSON SQUARE ASSOCIATES PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, Iowa City, Iowa, at 7:30 o'clock P.M., on June 19, 1984, on the proposal to issue not to exceed $900,000 principal amount of the City's Commercial Development Revenue Bonds (Jackson Square Associates Project) pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of financing all or a portion of the cost of acquiring, improving and equipping a 27 unit housing complex for the elderly to be located at the Southeast corner of the intersection of Court and Dubuque Streets within the area of and consistent with the City's Neighborhood Development Plan. The proposed facilities will be owned by Jackson Square Associates, an Iowa general partnership (the "Company"). It is contemplated that a Loan Agreement will be entered into between the City and the Company, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the City Council. Ramdna Parrott, Deputy City Clerk City of Iowa City, Iowa ANLERs. COONEY. DORWEILER. HAYNIE.916TH a ALLBEE. LAWYER5, DES MOINES. IOW/ </ Section 3. The City recognizes that regulations promulgated under Section 103 of the Code may require the taking by this City Council of official action or "some other similar official action", if interest on Commercial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute solely for federal income tax purposes official action or "some other similar official action" with respect to the issuance of such Bonds. Section 4. That in order to assure the acquisition, con- struction, improvement and equipping of the proposed facilities in the City, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the Deputy City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 5. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 6. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 7. 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 and approved May 22, 1984. City of Iowa C'ty, Iowa (SEAL) a^ J n McDonald, Mayor I&zina Parrott, Deputy City erk AMLERS. COONEY, DORWEILER. HAYNIE.-57TH a ALLBEE. LAWYERS. DES MOINES. IOWA FY , EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Jackson Square Associates, an Iowa general partnership, party of the second part (hereinafter 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 Commercial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and improvements suitable for use of any commercial enterprise which the City Council, as the governing body, finds is consistent with an urban renewal plan adopted by the City pursuant to the Act and Chapter 403, Code of Iowa; and (b) The City has adopted the Neighborhood Development Plan and in furtherance of efforts to rehabilitate and redevelop the designated Urban Renewal Area therein, the City proposes to issue its Commercial Development Revenue Bonds (the "Bonds") and to loan to the Company the proceeds from the sale of said Bonds to enable the Company to finance the cost of acquiring, improving and equipping a 27 unit housing complex for the elderly (herein referred to as the "Project"); and (c) 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. However, before commencing the Project, the Company desires satisfactory assurances from the City that the proceeds from the sale of the City's Commercial Development Revenue Bonds, which, when issued, will be used to finance the Project and will be made available in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Bonds requested to be issued is presently estimated not to exceed $900,000. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing AMLERS. GOONEY, DoRWERER. HAYNIE.-&IlF a ALLBEE. LAWYERS. DES MOINES. IOWA S43S as an inducement to the Company to locate the Project in 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. (e) The City considers that the undertaking of the Project will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide 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 to be issued and sold for the purpose of financing the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $900,000. (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 author- ization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agree- ment 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, 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, 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 appro- priate in pursuance thereof. - 2- AHLERS, GOONEY. DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 3. Undertakings on the Part of the Company. The Company covenants and 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 agree- ment by the City, acquired or commenced construction 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, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it 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, 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 An 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, 1985 (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 accept- able 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 AHLERS, COONEY. DoRWEILER. HAYNIE. a7TH a ALLBEE, LAWYERS. DES MOINES, IOWA 537 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 here- under, or done at the request of the Company. (c) It is expressly understood by both parties to this Memorandum of Agreement that its execution by the City 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 similiar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of this Memorandum of Agreement by the City is not intended to nor does it create a binding commitment of the City 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 City and is conditioned upon, among other things, full compliance of all provisions of the Industrial Revenue Bond Policy And Procedures For The City Of Iowa City, Iowa. (d) 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. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 22nd day of May, 1984. �ity, I ( Seal of City) Ci y of iow,icy, owa hn McDonald, Mayor Attest: // ��42 Ramo a Parrott, Deputy City Clerk Square Associates . clark, etta C. Clark, AWLERS COONE" DOPY EILE. MArm'E-64•.H a ALLSEE L.11E4S DES MOINES 10y . Y 9 CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said City at a meeting open to the public on May 22, 1984, regarding the issuance of not to exceed $900,000 aggregate principal amount of Commercial Development Revenue Bonds (Jackson Square Associates Project) of the City of Iowa City, Iowa, directing publication of Notice of Intention to Issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this ,�2(,d day of May, 1984. (SEAL) Mar'an K. Karr, City Clerk State of Iowa ) SS.. County of Johnson ) Subscribed and sworn to before me this day, the date last above written. nn.d Notary'Public i it and for the (SEAL) State of Iowa AHLERS, COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES, IOWA (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. May 22, 1984 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 Regarding the Issuance of Not To Exceed $900,000 Aggregate Principal Amount of Commercial Development Revenue Bonds (Jackson Square Associates Project) of the City of Iowa City, Iowa, Directing Publication of Notice of Intention to Issue, Calling a Public Hearing on the Proposal to Issue Said Bonds and Authorizing Execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional 17 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. / Ram6na Parrott, Deputy City Clerk City of Iowa City -9- AHLER5. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 00 RESOLUTION NO. 84-124 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1984 BE IT RESOLVED by the City Council of Iowa City, Iowa, that the firm of McGladrey Hendrickson & Pullen, Certified Public Accountants, be engaged to conduct the audit for the City of Iowa City for the year ending June 30, 1984. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Ambrisco and seconded by the Resolution be adopted, and upon roll call there were: Dickson AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _ X Erdahl X McDonald _ X Strait X Zuber Passed and approved this 22nd day of May 1984. OR Received & Approved By The Legal De arhnent / S 1 �y 4141 RESOLUTION NO. 84-125 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 all there were: AYES: NAYS: ABSENT: Ambrisco X Raker X Dickson X Erdahl X McDonald X Strait X Zuber X 19 84 Passed and approved this 5th day of June , Attest: %fJ2,, Y� . _7�� City Clerk Ude a or Attest: %fJ2,, Y� . _7�� City Clerk Ude 6/5 mtg Page 1 CIGARETTE PERMITS: July 1, 1984 to June 30, 1985 85-1 The Airliner, 22 S. Clinton Street 85-2 Knox Kerr McGee, 2229 Muscatine Avenue 85-3 Colonial Lanes, 2253 Hwy 218 S. 8S-4 Eagle Discount Supermarket #157, 600 N. Dodge St. 85-5 Eagle Discount Supermarket #220, 1101 S. Riverside Dr. 85-6 Peoples Drug #5281, 121 E. Washington St. 85-7 Peoples Drug #5276, 2425 Muscatine Avenue 8S-8 Pester Marketing Co. #59, 302 S. Dubuque Street 85-9 Hy -Vee Food Store #1, S01 Hollywood Blvd. 85-10 Hy -Vee Food Store #2, 310 N. First Avenue 8S-11 Hy -Vee Food Store #3, 1201 N. Dodge 85-12 Drugtown #1, 521 Hollywood Blvd. 85-13 Drugtown #2, 1221 N. Dodge 85-14 Pester Marketing Co. #58, 606 S. Riverside Drive 85-15 Bob's University Shell, 1910 S. Gilbert 85-16 Wareco, 828 S. Dubuque 85-17 George's Buffet, 312 Market Street 85-18 Quik -Trip #503, 123 W. Benton 85-19 QuikTrip #509, 323 W. Burlington 85-20 QuikTrip #539, 301 Market 85-21 QuikTrip #548, 955 Mormon Trek Blvd. 85-22 QuikTrip #SS2, 25 W. Burlington 85-23 Dave's Foxhead Tavern, 402 E. Market 85-24 Iowa City Sav Mor , 1104 S. Gilbert 85-25 Iowa City Kum $ Go, 513 S. Riverside 85-26 85-27 85-28 85-29 85-30 85-31 85-32 85-33 85-34 85-35 85-36 85-37 85-38 85-39 85-40 85-41 85-42 85-43 85-44 85-45 85-46 85-47 85-48 85-49 85-50 85-51 8S-52 85-53 85-54 85-55 S/yaA RESOLUTION NO. 84-126 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SHAMROCK/ ARBOR CREEK CHANNEL 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 19th day of June 1984 at 7:30 Chambers, Civic Center, Iowa City, Iowa. 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 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 5th day of June 19 84 . ATTEST: J CITY CL RK a� MAYOR that the Received 8, A,pprovec BY The Legal Department e,3,&'/ c/d'2 11 RESOLUTION N0. 84-127 n RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CAPITOL STREET PARKING RAMP 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 19th day of June , 19 84, 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 resolution as read be adopted, and upon roll call there were. AYES: NAYS: ABSENT: X Ambrisco t Baker X Dickson X Erdahl t McDonald t Strait X Zuber Passed and approved this 5th day of June ATTEST: �i� a�,c2 „� �CITYCLREK 19 84 . &'� MAYOR that the Received $ Approved By The Legal Deparrn�nt Ll uu 0 C RESOLUTION NO. 84-128 RESOLUTION ACCEPTING THE SANITARY SEWER FOR R PLAZA DEVELOPMENT 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 for R -Plaza Development as constructed by Kenneth Ranshaw 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: R . Ambrisco X Baker X Dickson % Erdahl X McDonald X Strait X Zuber Passed and approved this 5th day of June 19 84, MAYOR Received & Approved ATTEST: o c,yzJ - �� By The Legal De arfinent CITY CLERK _z* � f Igy v/-/< W, RESOLUTION NO. 84-129 RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEER HILL SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Ernest and Annegret Hierschbill, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the prelimi- nary plat of Deer Hill 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 plat and have recommended approval of same; and WHEREAS, the preliminary 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 plat is found to conform with all of the perti- nent 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 Deer Hill Subdivision is hereby ap- proved. 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 plat after passage and approval by law. It was moved by ------ Ambrisco and seconded by Raker 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 Sth day of June , 1984. YOR ATTEST: CIT CLERK Reeelved & Approved By The Legal Deparinwnt af Z/4/Z RESOLUTION NO. 84-130 A RESOLUTION AUTHORIZING MERCY HOSPITAL TO USE CERTAIN PUBLIC RIGHT-OF-WAY LOCATIONS FOR THE ERECTION OF PRIVATE DIRECTIONAL TRAFFIC SIGNS. WHEREAS, the City of Iowa City, Iowa, pursuant to State law, is responsible for the care, supervision and control of streets, sidewalks, alleys and other public grounds; and WHEREAS, Mercy Hospital desires to install and maintain signs in and about the City of Iowa City that will be a part of a system of signage which will aid drivers unfamiliar with the City of Iowa City in locating Mercy Hospital; and WHEREAS, the City Council deems that such directional signage is in the best interest of the community; -and WHEREAS, Mercy Hospital is requesting authorization to locate signs in City street right-of-way; and. WHEREAS, Mercy Hospital has agreed to indemnify and hold the City harmless from and against any damages, cost or liability which the City may incur as a result of the location of the signs on public rights-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That, subject to execution of the Indemnity Agreement described below, Mercy Hospital is hereby authorized to install and maintain private traffic directional signs in the public right-of-way locations shown on the Exterior Sign Locations plat, prepared by Hansen Lind Meyer P.C. for Mercy Hospital, and last revised on May 7. 1984, a copy of which is on file in the office of the City Traffic Engineer. 2. That said signs will comply with the exterior signage schedule and typical sipn dimensions dated May 89 1984, which is on file in the office of the City Traffic Engineer. 3. ,_The Mayor is authorized to sign, and the City Clerk to attest an Indemnity Agreement, a copy of which is attached hereto. el U-7 ti 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 .7 Erdahl X McDonald X Strait X Zuber Passed and approved this Sth - day of June 1984. ATTEST: 9i'_ Received & '4AArov� by T e legal De L pa'�M VUR r INDEMNITY AGREEMENT THIS AGREEMENT made and entered into as of the 5th day of June, 1984, by and between Mercy Hospital, Iowa City, Iowa (Mercy) and the City of Iowa City, Iowa, a municipal corporation (City). WHEREAS, the City is responsible for the care, supervision, and control of public grounds, streets, sidewalks and alleys within the City (public property); and WHEREAS, Mercy desires to install and maintain signs in, on or about public property to assist persons in locating and using its facilities; and WHEREAS, the City Council of Iowa City, by Resolution No. 84-130, has authorized Mercy to locate signs on public property if Mercy indemnifies the City from liability which may arise by reason of Mercy's use of public property. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The City agrees that Mercy may place signs on public property at the locations authorized by Resolution No. 84-130. None of such signs may be moved to another location without the prior consent of the City Council of Iowa City. 2. Mercy agrees that all authorized signs shall, at all times, be maintained in good condition at Mercy's sole cost and expense. 3. Mercy hereby agrees to be responsible for, and to indemnify, hold harmless and defend the City from and ay9 against, any and all claims, damages, costs or expenses, including attorneys fees, which may arise from or be related to Mercy's use of public property for its signs. 4. This Agreement shall be inure to the benefit of the parties hereto, and their successors and assigns. IN WITNESS WHEREOF, the parties have caused this -indemnity Agreement to be executed as of the day and date first above written. ATTEST: City Clerk CITY OF IOWA CITY, IOWA By: v ohn McDonald Mayor MERCY HOSPITAL, IOWA CITY, IOWA ATTEST: Sister Mary Fenarda Lance 'Secretary President -2- y5b June 5 . 1984 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 John McDonald , in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait Absent: Zuber -1- AMLER5, COONEY. DORWEILER. HAYNIE. SMITH B ALLBEE. LAWYERS DES MOINES. IOWA S/ Sl This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contracts and estimate of cost for the construction of cer- tain public improvements described in general as construction of the Rochester Avenue Reservoir and pumping station, the Mayor called for any oral objections to the adoption of the plans, specifications, form of contracts and estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. Dickson introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACTS AND ESTIMATE OF COST", and moved that the same be adopted. Strait seconded the motion to adopt. The roll was called and the vote was, AYES: McDonald, Ambrisco, Baker, Dickson, Erdahl, Strait NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 84-131 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACTS AND ESTIMATE OF COST WHEREAS, on the Sth day of June , 1984, plans, specifications, form of contracts and estimate of cost were filed with the Clerk for the construction of certain public improvements described in general as construction of the Rochester Avenue Reservoir and pumping station; and WHEREAS, notice of hearing on plans, specifications, form of contracts and estimate of cost for said public improvements was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the said plans, specifications, form of contracts and estimate of cost are hereby approved as the -2- AHLERS, COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES. IOWA y5a plans, specifications, form of contracts and estimate of cost for said public improvements, as described in the preamble of this Resolution. PASSED AND APPROVED, this Sth day of June 1984. ATTEST: Ce-L k yor -3- AHLERS. GOONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS, DES MOINES. IOWA U �3 CIG -3 1-79 CERTIFICATE STATE OF IOWA COUNTY OF JOHNSON I, the undersigned City hereby certify that attache the portion of the corporat showing proceedings of the complete copy of the action to said matter at the meeti the attachment, which proce effect, and have not been a'. that meeting and all action in accordance with a notice copy of which was timely se and posted on a bulletin bo accessible to the public an pose at the principal offic face sheet of said agenda b the local rules of the Coun 28A, Code of Iowa, upon rea SS Clerk of Iowa City, Iowa, do I is a true and complete copy of records of said Municipality :ouncil, and the same is a true and taken by said Council with respect ig held on the date indicated in dings remain in full force and vended or rescinded in any way; thereat was duly and publicly held of meeting and tentative agenda, a -ved on each member of the Council ird or other prominent place easily I clearly designated for that pur- a of the Council (a copy of the ging attached hereto) pursuant to :il and the provisions of Chapter >onable 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 5th day of June , 1984. SEAL Cit Clerk, Iowa City, Iowa AHLERS. COONEY, DORWEILER, HAYNIE. SMITH B ALLBEE, LAWYERS. DES MOINES, IOWA Z15-91 II.VU 4 1n_ Ksn7mlx �d �'-4-SY 5' OOAM (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 5, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 the adoption of plans, specifications, form of contract and estimate of cost for the construction of the Rochester Avenue Reservoir and pumping station.- - tation: - Resolution adopting plans, specifications, form of contracts and estimate of costs. Such additional matters as are set forth on the addi- tional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. bh e�. Cit Clerk, Iowa City, Iowa AHLERS, COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYER5. DE5 MOINES. IOWA "Lj Iowa City, Iowa, June 5, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Dickson Erdahl McDonald Strait Absent: Zuber el 1(0 (other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) pursuant to the provisions of Chapter 419, Code of Iowa, and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of defraying all or a portion of the costs of Pharmaceutical Development Systems, Inc., an Iowa corporation (the "Company") relating to acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility for the purpose of manufacturing, storing and distributing pharmaceutical products, located on approximately 7.9 acres.of land at 320 Heinz Road, Iowa City, Iowa. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Pharmaceutical Development Systems, Inc. with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there were any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) Charles Newhouse, Executive Vice President of Pharmaceutical Development Systems, Inc. - reviewed project -2- f57 After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Bonds, Council Member Ambrisco proposed the following Resolution and moved its adoption. Council Member Strait seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Ambrisco,•Baker, Dickson, Erdahl,McDonald, Strait NAYS: None ABSTENTIONS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval was attested by the City Clerk and declared to be effective. The Resolution is as follows: -3- RESOLUTION NO. 84-132 A RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $3,000,000 IN AGGREGATE PRIN- CIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying the costs of Pharmaceutical Development Systems, Inc., an Iowa corporation (the "Company") relating to acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility for the purpose of manufacturing, storing and distributing pharmaceutical products, located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (the "Project"), and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agreement, to the Company, to be used for the aforesaid purposes; and WHEREAS, the City has determined there is a public need in the City and its environs for expanded and improved industrial facilities as proposed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) (the "Bonds") of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of its Industrial Development Revenue Bonds (Pharmaceutical -4- X59 Development Systems, Inc. Project) in an amount not to exceed $3,000,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council, 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 the said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said 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 nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. 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 and approved this 5th day of June, 1984. (Seal) Attest: %%/rLi Marran K. Karr, City Clerk CityA of Iowa City, Iowa , Mayor CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the,duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said City at a meeting open to the public on June 5, 1984, holding a public hearing and approving proceeding with the issuance and sale of not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat were duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and 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. witness my hand and the Corporate Seal of said City hereto affixed this 5th day of June, 1984. (Seal) Mari&n K. Karr, City Clerk State of Iowa ) SS: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. (Seal) N ary Public (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. June 5, 1984 7:30 P.M. K„0L_1�1. 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. A Resolution Relating to the Holding of a Public Hearing and Approving Proceeding With The Issuance and Sale of Not To Exceed $3,000,000 in Aggregate Principal Amount of Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 15 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. MarfNa.n K. Karr, Clerk of the City of Iowa City, Iowa -7- 3; 36rm nv 6 -G -ay B:D&tn aA 7) June 5 . 1984 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 John McDonald in the chair, and the following named Council Members: M brisco, Baker Dickson, Erdahl, McDonald, Strait Absent: Zuber -1- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA )" l Council Member Dickson introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS" and moved its adoption. Council Member Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Ambrisco, Baker Dickson Erdahl McDonald NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 84-133 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 Highway 1/Interstate 80 Sewage Pumping Facilities Project, and as described in detail in the plans and specifi- cations 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: Sulzberger Excavating, In oaf Muscatine, Iowa Date of contract: May 22, 1984 Bond surety: Merchants Bonding Company Date of bond: May 22, 1984 Portion of project: Section A, B, Alternate Bl, Alternate Cl + C2 and D PASSED AND APPROVED, this Sth day of Jame 1984. M or ATTEST: P,-# i '11) 9� . iY.�V Cle k -2- AHLERS. COONEY. DoRWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS, DES MOINES IOWA yGy 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 Sth day of .Tune , 1984. SEAL AIt' . „� ' . t> O City Clerk, Iowa City, Iowa AHLERS, COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS, DES MOINES. IOWA U6 S NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa Date of Meeting: June 5, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 approving contract and bond. Such additional matters as are set forth on the additional 15 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, andthe local rules of said governmental body. UityCler owa ity,ow�a - P 0:3opn mR 146 RESOLUTION NO. 84-134 A RESOLUTION ADOPTING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSTALLATION AND SERVICE CHARGES FOR ROUTINE WATER SERVICE PROCEDURES WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA as follows: 1. The following tap fees are hereby established: Size Tap Corps Curbs Boxes Total 3/4" $12.10 $9.20 $16.75 $21.35 $59.40 1" $14.40 $14.55 $28.40 $21.35 $78.70 $19.10 $25.60 $46.90 $32.30 $123.90 11-1" $23.35 $38.60 $61.35 $32.30 $155.60 2" $26.60 $62.00 $91.60 $32.30 $212.50 11-11', 11-," and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $11.00 per linear foot 8" $14.25 per linear foot 10" $18.10 per linear foot 12" $22.50 per linear foot 16" 29.80 per linear foot Y6% 2 3. The following service fees for the Iowa City water system are hereby established: During Normal After Normal Service Working Hours Working Hours a) Connection fee for $9.00 $25.00 1. installing new meter 2. resetting meter b) Carding fee for shut-off in $9.00 $25.00 collection procedure c) Check leaky meters and meter No Charge No Charge connections d) Frozen meters $9.00 + cost of $25.00 + cost meter repair of meter repair e) Shut-off service at curb and No Charge $25.00 + hourly check for leaks rate for time over 2 hours f) Broken hydrant $9.00 + repair costs $25.00 + repair costs g) Location of water mains for No Charge No Charge other utilities h) Location of water main for No Charge $25.00 + hourly private enterprise rate for time over 2 hours i) Meter accuracy check at $25.00 Not done after customer's request normal working hours j) Miscellaneous services for No Charge $25.00 + hourly other governmental agencies rate for time over 2 hours If service is requested outside normal working hours, a $25.00 after -hour fee shall be charged in addition to the normal.working hour fee plus when service time exceeds two hours, and additional cost to cover equipment and actual employee wages, including overtime, shall be charged. The water services division's normal working hours are 8:00 a.m. to 4:30 p.m. daily. BE IT FURTHER RESOLVED that this resolution shall be in full force and effect on the date of July 5 19 84 , and that all resolutions in conflict are hereby repealed. im 3 It was moved by Ambrisco and seconded by Strait be adopted, and upon roTT call there were: the Resolution AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this Sth day of June Ig 84 MAYOR ATTEST: %%/J',,.,� '�/, 2 ay) ITY CLERK Received $ Approved By The Legal D-partment 0 RESOLUTION NO 84-135 it RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM WHEREAS, Chapter 23, Article VII, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, two multi-level parking facilities, known as the Capitol Street Ramp and the Dubuque Street Ramp, have been constructed with the proceeds from a Parking Revenue Bond Issue, and WHEREAS, Resolution No. 83-80 established the parking rates for both parking ramps, and WHEREAS, a question has been raised regarding rates set forth in Resolution 83-80 and this resolution is intended to clarify those rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Effective June 11, 1984, the parking rates for both parking ramps will be 25¢ per hour with the exception of: 1. Cars exiting when a cashier is not on duty: a flat rate of 50¢ must be deposited at the exit gate. 2. There will be no charge for parking at either ramp from 7:30 a.m. on Sundays thru 7:30 a.m. on Mondays. It was moved by Dickson 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 Sth day of June , 1984. A�,�2�e 11 OR ATTEST: 2 �{� CIT CLERK Rw-lved 8 Approve;,. By I Hyl p rRr�en► s ai��S041711 RESOLUTION NO. 84-136 RESOLUTION SETTING A FEE SCHEDULE FOR BUILDING MOVING LICENSES AND PERMITS WHEREAS, Section 8-77 of the City Code provides that the City Council shall set by resolution a license fee to be paid by persons applying to obtain a building moving license;.and WHEREAS, Section 8-80 of the City Code provides that the City Council shall set by resolution a permit fee for building moving permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the following fee schedule is hereby adopted for building moving licenses: a. For one week .... $15 b. For one month ... $30 c. For six months..$50 d. For one year .... $100 2. That the following fee schedule is hereby adopted for building moving permits. _ a. For buildings more than 12 feet wide but less than 16 feet wide .......... $30 b. For buildings more than 16 feet wide .... $50 It was moved by Erdahl and seconded by Ambrisco 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 5th day of June 1984. TIUR ATTEST:fC*Mtvrc� RICSlved & Arprov--,4 BY Tho legal DoparKneaf 1. s "� USI RESOLUTION NO. 84-137 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE FY85 CAMBUS SUPPLEMENTARY SERVICE 28E AGREEMENT. WHEREAS, it is in the mutual interest of the City and the University to provide transit service within Iowa City and the University; and WHEREAS, weekend Cambus service will make a higher level of transit service available to residents of Iowa City; 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; and WHEREAS, the City and the University have negotiated a 28E Agreement for FY85 Cambus Supplementary Service, a copy of said agreement attached and by this reference made a part herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to sign, and the City Clerk to attest, said 28E Agreement for Cambus Supplementary Service. 2. That the City Clerk be directed to file the agreement with the Secretary of State and the Johnson County Recorder, pursuant to Chapter 28E, Code of Iowa. It was moved by Strait and seconded by Amb-risco Resolution be a opte , and upon roll call there were: AYES: NAYS X X X X X X ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait X Zuber Passed and approved this 5th day of June , 1984. I ATTEST: ��la r_ 1 UIT Ibraalt W & AMxwW By The Legal Department 6 30 ��z FY85 CAMBUS SUPPLEMENTARY SERVICE AGREEMENT This agreement is made and entered into on the 5th day of T , 1984, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "the City," and the University of Iowa, a State Board of Regents Institution, hereinafter referred to as "the University." WHEREAS, it is in the mutual interest of the City and the University to provide transit services within Iowa City and the University campus; and WHEREAS, the University's Cambus system is open to the public including Iowa City residents; 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 THE UNIVERSITY: I. SCOPE OF SERVICES A. The City agrees to contract with the University for provision of weekend Cambus service during the University's academic year. B. This contract is contingent upon receipt of Iowa State Transit Assistance funds by the City. II. GENERAL TERMS A. The University will commence operation of weekend fixed -route transit service during the academic session of fiscal year 1985. B. The proposed service will operate for 56 days (28 weekends) from 11:30 a.m. to midnight, for a total of 16,654 vehicle miles during FY85. C. The City agrees to pay $1.381 for each vehicle mile of weekend service operated, up to a maximum total of 16,654 vehicle miles and $23,000. D. The University shall reserve the right to refuse any portion of the funding throughout said fiscal year. E. The University agrees to provide the City with financial and non-financial Uniform Data Management System statistics on a quarterly basis during FY85 regarding this service, and to provide auditable vehicle mileage information at the end of the project. III. DURATION A. This agreement shall be in effect from July 1, 1984, to June 30, 1985. 117,3 2 IV. EXTENT OF AGREEMENT A. 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. B. This agreement represents the entire agreement between the City and the University for Cambus weekend fixed -route transit service. It may be amended only by written instrument signed by all parties. CITY OF IOWA CITY, IOWA By: Uv LL ,e Mayor ATTEST: City Clerk PareFEed & C,pparmm @y The Legal Department 3• UNIVERSITY OF IOWA By: . (,,tS Busingts Manage and Treasurer ATTEST: 14147�4 RESOLUTION NO. 84-138 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE 28E AGREEMENT WITH JOHNSON COUNTY AND A-1 CAB, INC. FOR FY84 SEATS SUPPLEMENTAL TAXI SERVICE WHEREAS, the SEATS supplementary service taxi program for elderly and handicapped individuals has depleted its FY84 funding of $6,300 prior -to the end of Fiscal Year 1984; and WHEREAS, funding in the amount of $800 is available in the FY84 Iowa City Transit budget to replenish funding for this service for the remainder of Fiscal Year 1984; and WHEREAS, the 28E Agreement between the City of Iowa City, Johnson County, and A-1 Cab, Inc. for the provision of this service may only be amended by a written instrument signed by all parties; WHEREAS, the parties to said 28E Agreement have negotiated an amendment to same whereby the allocated funding for FY84 is increased by $800. NOW, THEREFORE, IT IS HEREBY 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 said amendment to said 28E Agreement among the City of Iowa City, Johnson County, and A-1 Cab, Inc. a copy of said amendment attached hereto and incorporated herein. It was moved by ------ F.rdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 5th ATTEST: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait X Zuber of June , 1984. Received A Approved Cyt :legal Deparhmnt e-1 AMENDMENT TO 28E AGREEMENT This amendment to a 28E Agreement is entered into on the Sth day of June 1984, by and between the City of Iowa City, a municipal corpora- tion, Johnson County, and A-1 Cab, Inc. WHEREAS, the SEATS Supplementary Service Taxi Program for elderly and handicapped individuals has depleted its FY84 funding of $6300 prior to the end of fiscal year 1984; and WHEREAS, funding in the amount of $800 is available in the FY84 Iowa City Transit budget to replenish funding for this service for the remainder of fiscal year 1984; and WHEREAS, the 28E Agreement between the City of Iowa City, Johnson County, and A-1 Cab, Inc. for the provision of this service may only be amended by a written instrument signed by all parties; NOW, THEREFORE, BE IT AGREED BETWEEN THE CITY OF IOWA CITY, JOHNSON COUNTY, AND A-1 CAB, INC.: 1. That Part III, Section 3 of the 28E Agreement between the City of Iowa City, Johnson County, and A-1 Cab, Inc., be amended to read: "Funding of $7100 has been allocated by the City of Iowa City for supplemental taxi service, this amount being the City's total contribution for supplementary service in Fiscal Year 1984. None of these funds shall be allocated for advertising or public relations. Any unused funds at the end of Fiscal Year 1984 will remain in the Iowa City Transit budget." y 7� 2. That the remainder of the December 20, 1983, agreement remains in effect in its same form. A-1 CAB, INC. AA e"1111 JOHNSON COUNTY, IOWA +� a I [! �I IChairperson 7 Board of Supervisors ATTEST: CITY OF IOWA CITY, IOWA ayor ATTEST: By The mal Deparhnenf S 30 $ y Y 117 RESOLUTION NO. 84-139 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY EVA MAE ALLEN. WHEREAS, on April 4, 1980, Eva Mae Allen executed a promissory note to the City of Iowa City in the amount of $5,499 for value received by way of a Housing Rehabilitation loan, and WHEREAS, said promissory note provided, in pertinent part, that if the subject property was sold or transferred before 4/4/85 but after 4/4/84, then only 20%, which is $1099.80, of the final amount of said note must be paid; and WHEREAS, the subject property was sold or transferred before 4/4/85 but after 4/4/84, and WHEREAS, $1099.80, or 20%, of the full amount of said note has been paid in full. 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 Eva Mae Allen to pay to the City the principal amount of $5499.00. 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 —r— Erdah 1 X McDonald �— Strait X Zuber Passed and approved this 5th day of June 1984. OR ATTEST: CIT LERK Resolved & Approved By The Legal Depar'hrrod bA s/21 to — v -72 RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: Date June S. 1984 That the City of Iowa City, Iowa, does hereby release the following described property: Lot 17 Mark Twain South Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 6, page 70, Plat Records of Johnson County, Iowa. from an obligation of Eva Mae Allen to the City of Iowa City, Iowa, in the principal amount of $5499.00 represented by a promissory note recorded in the Office of the Johnson County Recorder on April 7, 1980 in Book 570, Page 129. This obligation has been 80% forgiven and with a remaining balance of $1099.80 paid in full. By: ATTEST: 70ty Clerk) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) OF IOWA CITY, IOWA Roeeiv d u Approved By :ho Legal Doparhmnt On this 5th day of June , 1984, before me, the undersigned, a Notary Pudic 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, 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 municipal corporation, by it and by them voluntarily executed. Q �.m R Z114 Notar Publ c in and for Johnson County, Iowa </79 RESOLUTION NO. 84-140 RESOLUTION ACCEPTING DONATION FROM PHIL PHILLIPS OF LAND IN BLOCK 19, SECTION 10, IOWA CITY WHEREAS, Mr. Phil Phillips is the owner of a parcel of land lying under an alley in Iowa City; and WHEREAS, Mr. Phillips has offered to donate that parcel of land to the City. NOW, THEREFORE, IT IS HEREBY RESOLVED. BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City of Iowa City, Iowa hereby agrees to accept from Mr. Phil Phillips a quit claim deed to the following described parcel of land: All of that part of the Chicago, Rock Island and Pacific Railroad Com- pany's abandoned thirty foot (30') right-of-way on, over and across alley in Block 19, Section 10, Township 79N, Range 6W of the 5th P.M. in the City of Iowa City, Johnson County, Iowa It was moved by Dickson and seconded by Amhrism 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 5th day of Time 1984. YOR ATTEST: _CITY_`CLERK Received & Approves{ By The Legal De artfftnt �l80 RESOLUTION NO. 84-141 RESOLUTION ADOPTING REGULATIONS FOR OPERATION OF OUTDOOR SERVICE AREAS BY BUSINESSES ICENSED UNDER CHAPTER 123 OF THE CODE OF IOWA. WHEREAS, Chapter 123 of the Code of Iowa provides for the licensing of establishments to sell, dispense or serve for consumption on the premises beer or alcoholic beverages, and WHEREAS, this license nay extend to outdoor service areas immediately adjacent to such premise , and WHEREAS, such license toloperate an outdoor service area within the corporate limits of Iowa City requires approval by the City Council, and WHEREAS, the City Coun'il wishes to establish criteria to serve as a basis for its approval o the operation of outdoor service areas. NOW, THEREFORE, BE IT R SOLVED BY THE CITY COUNCIL OF IOWA CITY that the "REGULATIONS FOR OPERATION OF OUTDOOR SERVICE AREAS BY BUSINESSES LICENSED UNDER CHAPTER 123 OF THE CODE OF IOWA," attached to and made part of this resolution, are he eby adopted by the City of Iowa City as minimum criteria for the licensi g and operation of an outdoor service area as part of any establishment licensed under Chapter 123 of the Code of Iowa and in which any alcoholic beferage are dispensed, sold, or consumed. These regulations shall apply as indicated, the only exceptions being those specifically set forth irk the regulations. 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 Sth day of June 1984. GW AYOR ATTEST: n ) Received $ Approve;. B the legal Depsrhaent V91 CITY, OF 10V A CITY . CIVIC CENTER 410 E. WASHINGTON ST. IOWA CRY, IOWA 52240 (319) 356-500D REGULATIONS FOR OPERATION OF OUTDOOR SERVICE AREAS BY BUSINESSES LICENSED UNDER CHAPTER 123 OF THE CODE OF IOWA These regulations shall apply to those outdoor service areas located on PRIVATE PROPERTY adjacent to any business licensed under Chapter 123 of the Code of Iowa and as defined in Chapter 123.3(31). These regulations shall NOT apply to outdoor service areas located on or directly adjacent to the CiTy Plaza as defined in Chapter 9.1-2 of the Code of Iowa City. An outdoor service area shall include any such area where beer or liquor is sold and served, carried, or consumed by the public. It shall be considered as part of the licensed premises, and the same Federal, State, and local laws which apply to the licensed premises shall also apply to the outdoor service area. Any establish- ment operating an outdoor service area as defined above shall be subject to the following: 1. Outdoor service areas must be located on private property and may not encroach on any public right-of-way. Such area must be immediately adjacent to the licensed establishment of which it is a part. 2. Outdoor service areas shall not be located in the front yard of any licensed premises. 3. Outdoor service areas shall be screened on all sides from public view. Screening shall consist of a fence or other suitable barrier of not less than five feet in height nor more than eight feet in height. It shall be of solid construction which will effectively prevent normal access and/or egress from the premises except by way of an emergency fire exit only. Such fire exit shall be required of all outdoor service areas. This requirement shall not be applicable to outdoor service areas established prior to May 1, 1984. 4. Seating or other accommodations in an outdoor service area shall not exceed one (1) person per fifteen (15) square feet of floor area accessible to the public. 5. Outdoor service areas shall not be accessible except from the licensed premises which it adjoins. The required fire exit shall be an emergency exit only. This requirement shall not be applicable to outdoor service areas established prior to May 1, 1984. 6. Outdoor service areas shall be permitted only in those zones which permit other than residential uses and shall not be permitted to exist within 100 feet of any lot zoned for residential use. 7. Outdoor service areas shall comply with appropriate building, housing, and fire codes and with all other applicable State and City laws. 8. The City shall inspect outdoor service areas at least annually at the same time inspection of the adjacent licensed establishment occurs. The City may, at its discretion, inspect an outdoor service area at any other time. <lq-? Applications for the approval of outdoor service areas shall include all required information and be submitted with applications for beer and liquor licenses. Such application shall be submitted to the City Clerk at least 15 days prior to the date it is to be considered by the City Council. Outdoor service areas shall be subject to the same annual renewal require- ments as are all beer and liquor licenses. Approval by the City Council of an outdoor service area shall be by letter to the Iowa Beer and Liquor Control Department and such approval shall be separate and distinct from approval of the beer or liquor license. Said approval shall be subject to the applicant also meeting all requirements of the Iowa Beer and Liquor Control Department with regard to diagram, dram shop coverage, and all other State requirements. 10. Amplified sound equipment in an outdoor service area shall not be permit- ted. Compliance with the City noise ordinance shall be required. Addi- tional advertising or identification signage beyond that permitted for the main licensed establishment shall not be permitted. 11. The City may, after notice to the license or permit holder and a reasonable opportunity for hearing, revoke authorization for the operation of an outdoor service area for any establishment where excessive noise or other problems, as determined by the City, result directly from the operation of the outdoor service area. The revocation procedure shall be initiated by -the City Attorney filing an administrative hearing complaint with the City Council. Written notice of hearing, as well as a copy of said complaint, shall be served upon the license or permit holder, at least 10 days prior to the date set for hearing. The hearing shall be before the City Council and shall be governed by the procedures as established by Sections 2-186 and 2-187 of the Code of Ordinances of the City of Iowa City, Iowa. In the event of revocation, the City shall notify the Iowa Beer and Liquor Control Department. The license or permit holder may appeal the revocation to the Iowa Beer and Liquor Control Department Hearing Board, pursuant to Section 123.32, Code of Iowa. Revocation of authorization by the City for opera- tion of an outdoor service area shall not affect the licensing of the principal establishment, unless separate action to suspend or revoke that license/permit is also initiated. 12. Upon submitting an application for an outdoor service area, applicant shall provide the name and address of the owner of each abutting property as well as every other property which is within one hundred (100) feet of appli- cant's premises. The City will then notify these property owners by letter of the nature of the application and the date and time when it will appear on the agenda for approval by the City Council, so that these property owners will have an opportunity to comment on the application if they wish. 13. Approval or disapproval of an application for an outdoor service area shall be at the discretion of the City Council. Such discretion shall be exercised with due regard to public health, safety and welfare considera- tions. 14. These regulations are established by resolution of the City Council and may be amended from time to time by further resolution of the City Council. ' whhred & Approved ey The Legal Deparhmnt ���— 7D RESOLUTION NO. R4-142 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE CONTRACT FOR LEGAL SERVICE FEES FOR JOHN W. HAYEK WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency in connection with certain urban renewal projects requires legal services in connection with these urban renewal projects; and WHEREAS, by Resolution No. 71-26, the City Council previously authorized the contract for urban renewal legal services with attorney John W. Hayek for general urban renewal work, by Resolution No. 72-469 authorized the execution of a contract for certain urban renewal litigation services and by Resolution No. 75-16 authorized amendments to the contract for urban renewal legal services; and WHEREAS, the City Council now deems it advisable to amend this contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and the City Clerk are hereby authorized and directed to execute on behalf of the City the attached Amendment A to the contract for legal services on the terms and conditions specified in said amendment. It was moved byStrait and seconded by Ambrisco the Resolution e a op a an upon roll tall there were: AYES: NAYS X X ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait X Zuber Passed and approved this Sth day of June , 1984. — L4 "k, if OR ATTEST: P�e'a'r� 4-11. 7e�'-'2 CITY LERK Reeelved & Approved By T4,e egal Department 9 4 3064 Attachment A AMENDMENT TO CONTRACT FOR LEGAL SERVICES This amendment is executed on this �_ day of June, 1984, by and between the City of Iowa City, Iowa, hereinafter referred to as "City" and John W. Hayek, a practicing attorney in Iowa City, Iowa, hereinafter referred to as "Lawyer". WITNESSETH: WHEREAS, the City has, by previous contract, contracted with Lawyer for legal services for general urban renewal work and also for litigation which generally called for compensation of the Lawyer at a rate of $43.80 an hour for legal services rendered to the City and WHEREAS, the City and Lawyer desire to amend the contracts to provide for a new rate of compensation more consistent with present rates for legal services. It is therefore agreed as follows: 1. That the above -referenced contract shall be amended to provide the Lawyer shall provide legal services for general urban renewal matters at the rate of $50.00 per hour for non -litigation legal services and $70.00 per hour for litigation legal services. 2. Except as stated above, all the terms of the contract shall remain unaffected. IN WITNESS WHEREOF, this amendment has been executed by the parties on this 5th day of June, 1984. CITY OF IOWA CITY, IOWA By: ohn McDbnald, Mayor ATTEST: n: � gy Marian Karr, City Clerk L 4 L_ o n Hayek PLKCJ ti it Approved 4y TW 41,61 Ud;rHmcnl �Eq s/3 a 6 y d RESOLUTION NO. 84-143 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1985 BEGINNING JULY 1, 1984. WHEREAS, the City of Iowa City, Iowa employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the following position shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such 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 salary is hereby established for the following person effective July 1, 1984: City Manager - $54,496 annually It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, anupon 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 Sth day of June , 1984. ATTEST:�� UI LERK Reeehred & APPM"d By Th2 Legal Depa, 11M y RESOLUTION NO.84-144 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: EECH, Inc. dba Fraternal Order of Eagles, Iowa City Gabe's Aerie #695 dba Fraternal Order of 330 E. Washington Street Eagles, Iowa City Aerie #695 225 Hwy 1 S.E., Box 507 It was moved by Strait and seconded by Ambrisco that the Resolution as read be adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait R Zuber X Passed and approved this 19th day of June , 19 84 . 1,Z /Z or Attest: City Clerk i/07 RESOLUTION NO. 84-145 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 X Erdahl X McDonald X Strait X Zuber X Passed and approved this 19th day of June 19 84 Attest: City Clerk 6/19 mtg. 85-26 Federal Bldg. - Snack Shop, 400 S. Clinton 85-27 Leo's Standard Service, 130 N. Dubuque Street 85-28 R. T. Grunt's, P.O. Box 2938, Iowa City 52244 85-29 Walgreens 1646 Sycamore Street 85-30 Eagles Loge Aerie #695, P.O. Box 507 85-31 The Annex, Inc., 819 1st. Avenune 85-32 Harris Discount, 71 Commercial Drive 85-33 BPO Elks #590, 637 Foster Rd. 85-34 Randall's Mini Priced Foods, 1851 Lower Muscatine •85-35 Johnson County Jail Commissary, 511 S. Capitol 85-36 Seaton Cash $ Carry Market, 1331 Muscatine Ave. 85-37 Whiteway Super Market, 212 S. Clinton St. 85-38 Hamburg Inn No. 2 Inc., 214 N. Linn 85-39 Speak Easy, 630 Iowa Ave. 85-40 Amelia Earhart Deli, 223 E. Washington 85-41 AM -PM Mini Mart, 201 Myrtle Ave. #10 85-42 Tuck's Place, 210 N. Linn 85-43 Amelon's Services, Inc., 204 N. Dubuque 85-44 Diamond Dave's Taco Co., Inc., 118 S. Clinton 85-45 L&M Mighty Shop, Inc., 504 E. Burlington 85-46 Moose Lodge #1096, P.O. Box 26 85-47 Yen Ching Restaurant, 1803 Boyrwn St. 85-48 Pearson's Drug Store, Inc., 202 N. Linn 85-49 Towncrest DX Service, 2611 Muscatine Ave. 85-50 Comer's Pipe $ Tobacco, Old Capitol Center 85-51 Mott's Drug Store, 19 S. Dubuque 85-52 Sheller Globe, 2500 Hwy. 6 East 85-53 OwtAs Brush Company, Lower Muscatine Rd. 85-54 Gabel �30cfry1Va1R1n tonl E. Market 85-55 a e s, yg9 Cigarette Permits c 85-56 Poggie's, 928 Maiden Lane 85-57 The Stadium, 223 E. Washington 85-58 Vanessa's, 118 E. College 85-59 Time Out Restaurant, 1229 Hwy. 6 W. 85-60 Towncrest Inn, 1011 Arthur Street 85-61 Smith $ Co., 1210 Highland Court 85-62 Mumn's, 21 W. Benton Street 85-63 Plamor Lane, 1555 First Avenue 85-64 Micky's, 11 S. Dubuque 85-65 The Mill Restaurant, 120 E. Burlington 85-66 Hungry Hobo, 517 S. Riverside 85-67 Hilltop Tavern, 1100 N. Dodge 85-68 Howard Johnson's, Hwy 1 $ I-80 85-69 Highland Ave. DX, 1310 S. Gilbert 85-70 Highlander Motor Inn, Hwy 1 F, I-80 85-71 Godfather's Pizza, 531 Hwy 1 W. 85-72 Hollywood's, 1134 S. Gilbert 85-73 Fieldhouse, 111 E. College 85-74 Bo James, 118 E. Washington 85-75 Carlos O'Kellys, 1411 S. Gilbert 85-76 American Legion, American Legion Road 85-77 Country Kitchen, 1402 S. Gilbert 85-78 La Fiesta Restaurant, 213 First Avenue 85-79 Central Pharmacy Center, 701 E. Davenport 85-80 Discount Dan's Shell, 933 S. Clinton 85-81 A.C.T., P.O. Box 168 85-82 Moore Business Forms, S. Riverside Drive 85-83 Watt's Food Market, 1603 Muscatine Avenue 85-84 7 -Eleven Store #18048, 820 First Avenue 85-85 TF,M Mini Mart Ltd., 2601 Hwy 6 E. 85-86 Needs, Inc., 18 S. Clinton 85-87 Studio 114, 114 Wright Street 85-88 Discount Den of Iowa, Inc., 117 E. College 85-89 85-90 85-91 85-92 85-93 85-94 85-95 85-96 85-97 85-98 85-99 Page 2 5/?0 RESOLUTION NO. 84-146 RESOLUTION ADOPTING SUPPLEMENT NUMBER 'PPlE M TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the twentieth supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number tweRtY 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 twenty, 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 19th day of June , 1984 . ATTEST: 7% f.«, J k- -ta,t,j CITY` CLERK Raoelved & ,Approved _4ltu I Legal Earhnent ,I/9l RESOLUTION NO. 84-147 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE REINFORCED BOX CULVERT AT FIRST AVENUE ANO NORTHFACT BRANCH OF 0 5ION CREEK DIRECTING CITYCLERK 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 3rd day of July , 1984 , 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 19th day of June 19 84. ATTEST: J 4-y 7P'2'.z> CITY CLERK cJ l./ MAYOR R'geety d & Approved VY The Legal Department 770 RESOLUTION N0. 84-148 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY85 BRIDGE PAINTING PROGRAM 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 3rd day of July19 84, 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 resolution moved by Strait and seconded by Ambrisco as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 19th day of June k v MAYOR that the ATTEST: 2;�7„„ ';'�/, CITY CL RK Retetved 8 Approved By The Legal Deparhnent wh 012-1 $Y __ X93 RESOLUTION NO. 84-14, RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF CLEAR CREEK SUBDIVISION, A SUBDIVISION OF IOWA CITY, IOWA. WHEREAS, the owners, Clear Creek Investment Co., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Clear Creek Subdivision, as legally described below: The SE1/4, SW1/4 and the SE1/4, SEI/4 in Section 1, T79N, R7W of the 5th P.M., Johnson County, Iowa, and the E1/2, NW1/4 and the N1/2, SEI/4 and the NE1/4 in Section 12, T79N, R7W of the 5th P.M., Johnson County, Iowa. Except beginning at the NE corner of the SEI/4, SWI/4 of said Section 1; thence South 24 feet; thence in a Northwesterly direction to a point 24 feet west of the point of beginning, thence east to the point of beginning. Also excepting: Beginning at a point S 89022' W, 2010.4 feet from the E1/4 corner of said Section 12 on the north line of the N1/2, SE1/4 as presently fenced; thence S 89022' W, 247.3 feet along said north line; thence N 47012' W, 2230.8 feet to the west line of the NE1/4, NW1/4 of said Section 12; thence S 0038'30" E, 234.1 feet along said west line to the NW corner of the SE1/4, NW1/4 of said Section 12 as presently fenced; thence S 2011' W, 1306.1 feet to the SW corner of said SE1/4, NW1/4, as presently fenced; thence N 89009' E, 1320.6 feet to the SE corner of said SE1/4, NW1/4; thence S 0022' E, 1317.0 feet to the SW corner of said N1/2, SEI/4; thence N 89024' E, 1907.4 feet along the south line of said N1/2, SE1/4; thence N 44004' W, 1278.9 feet; thence N 47012' W, 566.3 feet to the north line of said N1/2, SEI/4 and point of beginning. NOTE: The east line of the SE1/4 of said Section 12 is assumed to bear N 0045' W and the east line of the NEI/4 of said Section 12 is assumed to bear N 0036'30" E. And also excepting: Commencing at the NE corner of said Section 12; thence south, 181.93 feet along the east line of said Section 12 to the point of beginning; thence west, 333.00 feet; thence south, 300.00 feet; thence east, 333.00 feet to the east line of said Section 12; thence north, 300.00 feet along said east line of Section 12 to the point of beginning. Said tract containing 10 quarter quarter sections minus 70.39 acres excepted therefrom as above described for a net area of 330 acres more or less. The above described tract to be subdivided into 3 parcels; Parcel A, a 333 foot by 325 foot tract, Parcel B, a 333 foot by 30 foot tract, and Parcel C being the above-described tract with the exception of Parcels A and B. Parcels A and B are platted and more particularly described as follows: Parcel A Beginning at the NE corner of Section 12, T79N, R7W of the 5th P.M., Johnson County, Iowa; thence S 0036'30" W, 181.93 feet along the east line of said Section 12; thence N 89023'30" W, 333.00 feet; thence N 0036'30" E, 325.00 feet to a point in Section 1, T79N, R7W; thence S 89023'30" E, 329.65 feet to the east line of said Section 1; thence S 0044'06" E, 143.11 feet along the east line of said Section 1 to the point of beginning. Said Parcel A containing 2.48 acres more or less. Parcel B Commencing at the NE corner of Section 12, T79N, R7W of the 5th P.M., Johnson County, Iowa; thence S 0036'30" W, 481.93 feet along the east line of said Section 12 to the point of beginning; thence continuing along said east line, S W Resolution No. 8 19 Page 2 0036'30" W, 30.00 feet; thence N 89023'30" W, 333.00 feet; thence N 0036'30" E, 30.00 feet; thence S 89023'30" E; 333.00 feet to said east line and point of beginning. .Said Parcel B containing 0.23 acres more or less; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plat and have recom- mended 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 the plats be accepted and approved with a waiver of the preliminary platting requirements and deferral of stormwater managemnet compliance; and, WHEREAS, the preliminary and final plats are found to conform with all of the requirements of 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 Clear Creek Subdivision are hereby approved with a waiver of the preliminary platting requirements and a deferral of stormwater management compliance. 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 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 permit is authorized. It was moved by Ambrisco and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS X X X X X X X Passed and approved this 19th ATTEST: lUlly CLERK) p�A ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of June , 1984. ftadvad A Approved The Loyal D"ftwnt Uqs f� �'• RESOLUTION NO. 84-1SO RESOLUTION APPROVING THE PRELIMINARY 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 preliminary 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 73-78 and 80 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 preliminary plat has been examined by the Planning & Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved with the above agreement; and, WHEREAS, the preliminary plat is found to conform with all 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 the preliminary plat of First and Rochester Addition, Part II, is hereby approved, subject to an agreement deferring development on Lots 73-78 and 80, 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 preliminary plat after passage and approval by law. It was moved byAmbr'sc0 and seconded by Zuber the Resolution be a opte , an 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 19th day of Jgine lg$4 YOR ATTEST: CITY CLERK Rmlved & Apxrvad By he Irgal De a�fioent 41g6 RESOLUTION NO. _84-151 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CAPITOL STREET PARKING RAMP IMPROVEMENTS ESTABLISHING AMOUNT OF BID SECURITYTU 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 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 10:00 A.M. on the 28th day of June , 19 84. 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 3rd day of July , 1984 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 19th day of June , 19 84. MA l '/ / YOR ATTEST: A�il/X/ X"- 9C,/, CITY CLERK Received $ App,I B The ! DeParhnent i 7 RESOLUTION NO. 84-152 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SHAMROCK/ARBOR CREEK CHANNEL IMPROVEMENTS PROJECT ESTABLISHING At10UNT 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 10:00 A.M. on the 10th day of July . 1984 . 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 17th day of July , 19 84. It was moved by Dickson and seconded by Strait resolution as read be a—d—o p_t_ed_.__a_nT 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 June 1984 MAYOR ATTEST: Vze,,, -/"/ J Received & Approved CITY CLERK By The Legal Deparhnent that the 4l9Q Iowa City, Iowa, June 19, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson Erdahl McDonald _ Strait Zuber Absent: None -1- ANLERS GOONEY, DoRWEILER HAYNIE Sm'. a ALLBEE LAWYERS DES MOINES IOv.A V?1 (Other Business) The Mayor announced that the purpose of the meetimg_was to hold and adjourn to July 3, 1964 a public hearing on the proposal to issue not to exceed $900,000 aggregate principal amount of the City's Commercial Development Revenue Bonds (Jackson Square Associates Project), as required by Section 419.9, Code of Iowa, and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of financing all or a portion of the cost of acquiring, improving and equipping land, buildings and improvements suitable for use as a 27 unit housing complex for the elderly located within the area of and consistent with the City's Neighborhood Development Plan. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Jackson Square Associates, with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other .comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) Attorney Joe Holland appeared -representing Jim and Loretta Clark. -2- AMLERS COONEY DORWEILER HAYNIE. SMITH a ALLBEE LAWYERS DES MOINES IOWA 5DO After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against S _ the proposal to issue said Bonds, Council Member Dickson proposed the following Resolution and moved its adoption. Council Member AmbTiSCo seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: McDonald Ambri sco Baker, Dickson. Erdahl, Strait, Zuber NAYS: The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: - 3- AHLERS. COONS" DORWEILER HGYNIE SMITH 8 ALLBEE LGWVERS DE5 MOINES. IOW< 50 ( RESOLUTION NO. 84-153 PUBLIC HEARING AND RESOLUTION ADJOURNING TO JULY 3, 1984 THE PUBLIC HEARING AND THE DECISION WHETHER OR NOT TO PROCEED WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $900,000 AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE BONDS (JACKSON SQUARE ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue Commercial Development Revenue Bonds for the purpose of defraying the cost of acquiring, improving and equipping land, buildings and improvements suitable for use as a 27 unit housing complex for the elderly which the City finds is consistent with the urban renewal plan adopted by the City pursuant to Chapter 403, Code of Iowa, and to loan the proceeds from the sale of such Bonds, pursuant to a loan agreement, to Jackson Square Associates, an Iowa general partnership (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined said Project is located within the area of and is consistent with and authorized by the City's Neighborhood Development Plan, and there is a public need in the City and its surrounding environs for implementation of said Neighborhood Development Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and provide employment opportunities for residents of the City and the surrounding area; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $900,000 aggregate principal amount of Commercial Development Revenue Bonds (Jackson Square Associates Project) (the "Bonds"), of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a resolution was adopted on June 19, 1984 adjourning said public hearing to July 3, 1984; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City that the public hearing be adjourned to July 31 1984 at the time and place specified in the original notice of hearing at which time any and all additional objections or other comments relating to such Bonds will be'heard and the City will determine whether or not to proceed with the issuance of said Bonds as proposed. -4- AMLERS CODNEY DORWEILER HAI..E. S.I. a ALLBEE L4W11R5 DES Mo,RES to Wn 5607 NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the public hearing required by tte�Act and Section 103(k) of the Internal Revenue Code of 1954, as amended, and pursuant to published notice be adjourned to July 3, 1984 at 7:30 o'clock p.m. in the Council Chambers, Civic Center, 410 East Washington Street in the City. Section 2. 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 and approved this 19th day of June, 1984. City of Iowa City, Iowa (Seal) Attest: Marian K. Karr, City Clerk 0 n McDonald, Mayor — 5— ANLERS. COONEY. DORWEILER. H-YNiE. SMrtN a ALLBEE LnWYERS DES MOINES 10 v.. ,15163 ERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said City at a meeting open to the public on June 19, 1984, holding and adjourning to July 3, 1984 a public hearing and the decision whether or not to proceed with the issuance of not to exceed $900,000 aggregate principal amount of Commercial Development Revenue Bonds (Jackson Square Associates project), of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and 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. Witness my hapd and the Corporate Seal of said City hereto affixed this day of June, 1984. (Seal) _?,. > _�P40� tiA Mari -an K. Karr, City Clerk State of Iowa ) SS: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. (Seal) Nottary lUD.LlCj CM. AMLERS, COONEY. DORWEILER HAYNIE SMITH 6 ALLBEE LPWYERS DES MOINES IOWA 5-0y (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. June 19, 1984 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. Public Hearing and Resolution Adjourning to July 3, 1984 the Public Hearing and the Decision Whether or not to Proceed With Theissuance and pal Sale of Not To Exceed $900,000 Aggregate Amount of Commercial Development Revenue Bonds (Jackson Square Associates Project), of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 17 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Mart -an K. Karr, Clerk of the City of Iowa City, Iowa -7- /D • noQr.E AHLERS. COONEY DORWEILER HAVNIE SNHTH a ALLBEE. LLWYEHS DES MOINES IOWA y.Ja"K RESOLUTION NO. 84-154 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY85 ASPHALT RESURFACING PROGRAM WHEREAS, L. L. Pellinc has submitted the best bid o above-named project. 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 L. L. Pell ing Company Inc. 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 Zuber 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 —ice Zuber Passed and approved this 19th day of June MAYOR ATTEST: CITY CLERK tha t 19 84. Rawived d, Approved By The legal Repsrtntent b �3 ,SDS RESOLUTION NO. 84-155 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PLUM GROVE ACRES, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Plum Grove Acrel Inc. 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 with Plum Grove Acres Inc for us 'of a portino Qf their _ property for temporary construction purposes during the construction of the Rochester Avenue Water Storage Tank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: I. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Plum Grove Acres 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 _ 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 19th day of June 1984 . ATTEST: )%7� T CITY CLERK MAYOR Raecived 8 By The Legal Depertrnent n L/1481— j3 8 , <61 AGREEMENT THIS AGREEMENT is made and entered between the City of Iowa City, Iowa, a municipal corporation, hereinafter CITY, and Plum Grove Acres, Inc., hereinafter OWNER. WITNESSETH: WHEREAS, the OWNER has fee title to certain real estate located in Johnson County, Iowa City, Iowa; and WHEREAS, the CITY desires to construct a two million gallon water storage tank on its property lying east of property owned by Plum Grove Acres, Inc., and described in Exhibit "A"; and WHEREAS, the CITY desires to acquire a temporary construction easement and right of entry and encroachment over the real estate described in Exhibit "A"; and WHEREAS, the temporary construction easement is for the purpose of storing excavated material, equipment, and other materials necessary to construct the Rochester Avenue reservoir improvements. NOW THEREFORE, BE IT AGREED AS FOLLOWS: 1. The CITY shall acquire a temporary construction easement from OWNER over the property described in attached Exhibit "A'. 2. The OWNER shall receive from the CITY a sum of $4200, which shall be paid upon conveyance, and shall be payment for the first 12 months after award of the Rochester Avenue Reservoir improvements contract by the CITY. Thereafter, if the CITY desires to continue using the temporary construction easement, an additional sum of $350 per manth shall be paid to the OWNER. 3. The CITY shall have the right to clear the temporary construction easement of all trees and shrubs. 4. All rights under this agreement shall terminate upon final acceptancb of the Rochester Avenue reservoir improvements by the CITY or whenever the contractor has removed all materials and waste from said temporary easement area; but shall not be sooner than 12 months after award of the Rochester Avenue Reservoir improvements contract by the CITY. 5. The CITY agrees to record this easement document in the Johnson County Recorder's Office. 5. The CITY agrees to fine grade said temporary construction easement per the plans and specifications, prepare a suitable seedbed, and seed all disturbed areas. Dated this 19th day of June , 1984. CITY OF IOWA CITY, IOWA PLUM GROVE ACRES, IINNNC. 4 By: By: /rlLdL /�•�./ OG✓ ohn Mc ona d, Mayor President ice- rest e l / arian i. Karr, 0tY ere ,Approved lr^'1 Daparnne of STATE OF IOWA j SS: JOHNSON DUNTY I I, �a notary public in and for jp ids nt;,� l in tote afo esai do ne eby certify that iPi /Y. ,!L!i«7aaei and Co me pers dna y known to be presi nt an vice-pres Iden[ respeive y of Plum Grove Acres, Inc., a corporation, and also known to me toga the persons .hose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowl- edged that as such president and vice-president respectively that signed, sealed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this day of . 1984. My commission expires Notary Public STATE OF IOWA SS: JOHNSON COUNTY On this 19th day of,Tl ]T1 F1 , A.O. 1984, 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 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 executed. _ Notary u lic i a'bd"for said CouOyy and State 4M E(1•i°I- I'Plq� T E 11G jo,;E, ..,: , 074'23'41";1 49.00' � R F73.0^' • 4'22' 35" L • 51.37' CHO.- 51.36' CHO. 9RG.- '152'55'51"'d -•- ••-� :NTE —••Iv DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT n THAT PORTION OF LOT 4, FIRST AND ROCHESTER ADDITION, PART ONE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT e, THENCE SOUTHWESTERLY 51.37 FEET ALONG THE NORTH R.O.W. LINE OF ROCHESTER AVENUE, ON A 673 FOOT RADIUS CURVE. CONCAVE NORTHWESTERLY, WHOSE 51.36 FOOT CHORD BEARS S72'12'28"W; THENCE 574027'41"W, 49.00 FEET ALONG, SAID NORTH R.O.W. LINE, THENCE N30'12'03"t4, 216.00 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF LOT 4 WHICH LIES 289.97 FEET, N339'12'03"'W.OF THE POINT OF GEGINNING; THENCE 530.12'03"E, 239.9' -SET ALONG THE EAST LINE OF LOT 4 TO THE POINT OF BEGINNING. RESOLUTION NO. 84-156 RESOLUTION AUTHORIZING'THE CITY LEGAL DEPARTMENT TO ISSUE AN OPINION TO SETTLE A TITLE OBJECTION WHEREAS, a tract of land located in Iowa City, west of Bristol Drive and north of North Dodge Street has been subdivided into at least five separate parcels, but no subdivision plat of said tract has been filed as required by Iowa Code Chapter 409; and WHEREAS, the first conveyance from the tract was made in 1948 of the following described parcel, to wit: Commencing at an iron pipe along side a stone, said stone being shown on a plat recorded in Plat Book 4, page 109, Plat -Records of Johnson County, Iowa, as being 343 feet northerly and 276 feet west of the center- of Sec. 2, Twp. 79 N., R. 6 West of the 5th P.M., then east 44.4 feet to an iron pipe on the northerly right-of-way line of Highway #1, formerly designated as Highway 261, thence north 56046' east 184 feet along the 'said right- of-way line, thence north 9045' west 445 feet to the point of beginning; thence south 9045' east 273 feet, thence north 67056 minutes east 193.1 feet, thence south 150 39' east 147.3 feet to the northerly right-of-way line of Highway #1, formerly Highway 261, thence north 56043' east 77.6 feet along said right-of-way line, thence north 9008' minutes west 409.8 feet, thence south 67047' west to the point of beginning. (the "subject property"), WHEREAS, a title objection based on the failure to plat the larger tract has been raised with respect to a recent conveyance of the subject property; and WHEREAS, the City's Legal Department is of the opinion that the platting requirements do not appear to apply to the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City's Legal Department is hereby authorized to send a letter of assurance to the attorney raising the title objection that building permits on the subject property will not be denied because of the failure to subdivide the original tract. A copy of the letter is attached. It was moved by Ambrisco and seconded by Resolution be adopted, and upon roll call there were: Zuber the AYES: NAYS: ABSENT: X Ambrisco X Baker % Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 19th day of June , 1984. /01`� UK ATTEST: % SCa,� Ree,�i:ed A Approved L11Y CLERK Cy Tira Le8a1 Ceparhd SII I Y U 1UW1 \ CITY CHIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 July 5, 1984 Mr. R. Bruce Haupert Leff, Leff, Leff, Haupert & Traw 222 S. Linn St. P.O. Box 2447 Iowa City, IA 52240 Re: Property Located on the Northwest Side of N. Dodge St. Beyond Bristol Drive Dear Bruce: This letter is being sent pursuant to your request, as attorney for the purchasers of the above -referenced property, the request of 'Ms. Jean Bartley, as attorney for the sellers of that property, and pursuant to Resolution No. 84-156 of the Iowa City Council. The specific property in question is located in Johnson County, Iowa, and is legally described as follows: Commencing at an iron pipe along side a stone, said stone being shown on a plat recorded in Plat Book 4, page 109, Plat Records of Johnson County, Iowa, as being 343 feet northerly and 276 feet west of the center of Sec. 2, Twp. 79 N., R. 6 West of the 5th P.M., then east 44.4 feet to an iron pipe on the northerly right-of-way line of Highway #1, formerly designated as Highway 261, thence north 56046' east 184 feet along the said right-of-way line, thence north 9045' west 445 feet to the point of beginning; thence south 9045' east 273 feet, thence north 67056' east 193.1 feet, thence south 15039' east 147.3 feet to the northerly right-of-way line of Highway #1, formerly Highway 261, thence north 56043' east 77.6 feet along said right- of-way line, thence north 9008' west 409.8 feet, thence south 67047' west to the point of beginning. Although I have not reviewed the abstract, your May 18, 1983 title opinion, addressed to Home Savings & Loan, and Dwain C. Rosenberger and Kay Rosenberger, indicates that the above-described parcel was originally conveyed from a larger tract in 1948. (Apparently, that was the first conveyance from the larger tract.) Since that time, conveyances from the larger tract were made in 1965, 1967, 1968 and 1970, but no Code Chapter 409 subdivision has been filed or approved with respect to the land. In any event, however, and regardless of the original proprietor's failure to plat before making the 1965 and subsequent conveyances, it would appear that the 1948 conveyance of the parcel in question was not subject to the subdivision platting requirements now found in Iowa Code Chapter 409. 151A Mr. R. Bruce Hauper July 5, 1984 Page 2 Therefore, I am of the opinion that a building permit would not be denied for the property in question because of a failure to subdivide in these particular situations. Sincerely yours, Richard J. Boyle First Assistant City Attorney bc2 cc: Ms. Jean Bartley SIS RESOLUTION NO. 84-157 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, that Confidential employees shall receive compensation as established by the FY85 Confidential Classification/Compensation Plan. It was moved by Dickson and seconded by the Resolution be adopted, and upon roll call there were: Baker AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald x Strait x Zuber Passed and approved this 19th day of Jane 1984. OR ATTEST: CITY' CLERK Roceived & Approved 8y The Legal De rhTxM G Y ��y RESOLUTION NO. 84-158 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, that AFSCME Bargaining Unit employees shall receive compensation as established by the FY85 AFSCME Bargaining Unit Classification/Compensation Plan. 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 19th day of June 1984. OR ATTEST: Cur CLERK R%aceived & Approved By The Legal Department 'q K RESOLUTION NO. 84-159 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, that Administrative employees shall receive compensation as established by the FY85 Administrative 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 X Baker X Dickson X Erdahl X McDonald —l— Strait —3� Zuber Pas.sed and approved this 19th day of June 1984. ATTEST: RWA ved & Approved By The Legal Deparhmnt 6 1; 84 5(6 RESOLUTION NO. 84-160 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 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 June , 1984. YOR ATTEST: CITY CLERK kwjjjVed & Approved pj The Legal Department b 13 4 1517 AGREEMENT This Agreement was made and entered into on the 19th day of June , 1984, by and between the City of Iowa City, Iowa, a municipal corporation, 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 FY85. II. FUNDING The City of Iowa City shall pay to the BB/BS Program the sum of $21,901 in FY85 with the agreement that these funds shall be allocated toward the salaries of the program coordinator and caseworkers of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the BB/BS Program in quarterly payments of $5,475.25 each. The first payment will be made on July 15, 1984, 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.) 519 I 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 an agent on behalf of Johnson County, agrees to defend, indemnify, and save harmless the City of Iowa City and its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, or for any torts or wrongdoings caused by the BB/BS staff, but not limited to any injuries to persons or property served by or coming into contact with the BB/BS Program. 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. 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 hereto and shall terminate on June 30, 1985, except as provided herein. 619 3 V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa City, Iowa: FI / �� J��/MCDONALD ATTEST: MAR K. KARR, CITY CLERK Rw,dved & Approved !lr al pepalnnelll i For the Big Brothers/Big Sisters of Johnson County: ATTEST: TITLF PP7 ME RESOLUTION NO. 84-161 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 Erdahl and seconded by Strait tha Resolution be adopted, and upon roll call there were: AYES X X X X X X X Passed and approved this ATTEST: 11hro ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber June , 1984. P.Oteived & Approved By The Legal Deparhmnt lot - 5d( AGREEMENT This Agreement was made and entered into on the 19th day of Jame 1984, by and between the City of Iowa City, Iowa, a municipal corporation 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. 2. 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 FY85. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $16,569 in FY85 with the agreement that $7,942 shall be allocated toward operating expenses of the Emergency Assistance Program and $8,627 shall be allocated toward operating expenses of the Crisis Center. III. GENERAL ADMINISTRATION A. The City will transfer the payments of $4,142.25 each. 15, 1984, after the signing will be made on the 15th quarter, upon receipt of January 15, 1985; April 15, funds to the Crisis Center in quarterly The first payment will be made on July of this agreement. Subsequent payments of the month following the end of each quarterly reports. (October 15, 1984; 1985.) say Page 2 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, 1984; January 15, 1985; April 15, 1985; July 15, 1985). 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, 1985, except as provided herein. 5 2 Page 3 V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa City, Iowa: n0 na , I ayor ATTEST: 2C' . 7iJA.y�� Marian Karr, City Clerk R%Wved & Approved By The Legal DeParhsrerd 6 14 f For the Iowa City Crisis Center: Name iitie ATTEST: m Title 50 RESOLUTION NO. 84,162 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 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 19th day of June 1984. YOR ATTEST: J 'n1 "D. `A . 7(; J CITY CLERK busivod A AprAvved py ive Legal D®padrnwem 1h C1 h 4 8Y 145,215 AGREEMENT This Agreement was made and entered into on the 19thday of June , 1984, by and between the City of Iowa City, Iowa, a municipal corporation, 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 1985. II. FUNDING The City shall pay to the Domestic Violence Project the sum of $9,450 in FY85 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 $2,362.50 each. The first payment will be made on July 15, 1984, 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. 115"X 2 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, 1985, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. Say 3 For the City of Iowa City, Iowa y� JO MCDONALD, MAYOR ATTEST: 12 1Pei .-) -� MAR -AN K. KARR, CITY CLERK Roeeived & Approved By The legal Deparhnent � For the Domestic Violence Project: I I� -&��/r; 11 r� i�� i z�rbrs TITLE ATTEST: Z,Cc Z, NA RESOLUTION NO. 84-163 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 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 June 1984. LLit/ YOR ATTEST: 11 CIT CLERK Received & Approved By The Legal Depar menf 6 5019 AGREEMENT This Agreement was made and entered into on the 19th day of June , 1984, by and between the City of Iowa City, Iowa, a municipal corporation, 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 FY85. 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, Id and le, including specific information on needs which cannot be met by existing resources. 530 2. 4 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 my 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 $24,675 in FY85 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. 531 3 III. GENERAL ADMINISTRATION A. The City shall transfer the funds to the ESA in quarterly payments of $6,168.75 each. The first payment will be made on July 15, 1984, 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. ESA shall submit a copy of its annual agency audit 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. .53;t 4 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, 1985, 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: N MCDONALD ATTEST: MARIAN K. KARR, CITY CLERK Received & Approved B 8 legal ReParhna+�t For Elderly Services Agency of Johnson County: NAME TITLE ATTEST: —// W �/� TITLE 5,33 RESOLUTION NO. 84-164 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT WITH THE JOHNSON COUNTY AREA COMMUNITY ACTION PROGRAM NEIGHBORHOOD CENTER WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide recreational services and supportive assistance to residents, and WHEREAS, the Johnson County Hawkeye Area Community Action Program Neigh- borhood Center 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 Neigh- borhood 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 the Johnson County Hawkeye Area Community Action Program Neighborhood 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 Erdahl _ and seconded by Strait the Resolution be adopted, and upon rol 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 Jame t, 1984. L4 // YOR ATTEST: l7�(AA;1,�.�� _E 711 J � CITX CLERK Receiver! & Approved By The Legal Deparhmnl 6 fbi 1 164- 53Y AGREEMENT This Agreement was made and entered into on the 19th day of June , 1984, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City", and the Johnson County Hawkeye Area Community Action Program Neighborhood Center, hereinafter referred to as the "Neighborhood Center." This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Neighborhood Center 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 Neighborhood 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, or disability. I. SCOPE OF SERVICES The Neighborhood Center agrees to provide assistance to Johnson County residents including, but not limited to, energy and weatherization programs, community gardens, commodity food, and community food and nutrition programs. Details of the services to be provided are included in the Neighborhood Center's Program Information and Goals and Objectives Statement for FY85. II. FUNDING The City of Iowa City shall pay to the Neighborhood Center the sum of $2,000 in FY85 with the agreement that these funds shall be allocated toward the operating expenses of the Neighborhood Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Neighborhood Center in quarterly payments of $500 each. The first payment will be made on Jul15 1984 after the signing of this agreement. Subsequent paymen s wiI I 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 Neighborhood 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). s3s Page 2 C. The 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. D. For the purposes of this agreement staff shall be considered employees of the Neighborhood Center and any fringe benefits received by the staff shall be through the said Neighborhood Center. The employees and agents of the Neighborhood Center shall comply with personnel policies formulated by its Board of Directors. E. The Neighborhood 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 Neighborhood 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 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 Neighborhood Center staff, including but not limited to injuries to persons or property served by or coming into contact with the Neighborhood Center. G. The Neighborhood Center 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. IU. DURATION This agreement shall commence upon execution by the parties and shall terminate on June 30, 1985, except as provided herein. 53� Page 3 V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa City, Iowa rN MCDONALO, M OR ATTEST: 4 o MARIAN KARR, CITY CLERK Rsedved & Approved By The Legal Department For the Johnson County HACAP Neighbo hood Center NAME Executive Director TITLE ATTEST: NAME Compliance Specialist 7 -ITE -E - 537 E 537 RESOLUTION NO. 84-165 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR YOUTH SERVICES WITH THE MAYOR'S 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 IOWA CITY, IOWA, that the Mayor be authorized to execute and the Clerk to attest said agreement. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS X X X X X X X Passed and approved this 19th day ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER of Juue —1 1984. Al ATTEST: 4�.a� CITY CLERK Rweived & Approved By The Legal De amTmnt 6 13 538 AGREEMENT This Agreement was made and entered into on the 19th day of June , 1984, by and between the City of Iowa City, Iowa, a municipal corporation, 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. 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 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 1985. II. FUNDING The City shall pay $27,500 to the Mayor's Youth Employment Program to provide these services during FY85. 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 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. 539 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 employment benefits of the City including sick leave and vacation. Upon termination, the Director shall be compensated for any accumulated vacation or sick leave in accordance with the City's personnel rules. 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 right 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. 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. ItIM1111. AORI This agreement shall commence upon execution by the parties and shall terminate on June 30, 1985, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. Syn For the City of Iowa City, Iowa HN MCDONALD, MAYOR if ATTEST: 41.11A102-0 MARIAN K. KAR , CITY CLERK R .rived & Approved by The Legal Deparhneni 3 4 For the Mayor's Youth Employment Employment Program: h NAME — Vecuyef TITLE ATTEST:m LL NAME TITLE RESOLUTION NO. 64-166 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 Erdahl and seconded by Strai 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 aooroved this 19th day of J7mP 10RA ATTEST: Rwaved & Approved By The Legal DepaAment 6 Il 1 1AIr syr AGREEMENT This Agreement was made and entered into on the 19th day of June 1984, by and between the City of Iowa City, Iowa, a 'municipal corpora ion, 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. SCOPE OF 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 FY85. II. FUNDING The City of Iowa City shall pay to the Rape Victim Advocacy Program the sum of $9,865 in FY85 with the agreement that these funds shall be allocated toward the salary and benefits of the full-time coordinator of the program herein described. The Coordinator's salary shall not exceed $17,000 unless approved by the City as the result of findings in a salary study conducted by the City. 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, 1984, 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). sy3 Page 2 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.) 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. 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. 1985. except as Drovided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa City, Iowa ohn McDonald, Mayor ATTEST: Marl -an Karr, City Clerk Rvtslved & Approved By The parhrwnt 4 I For the Rape Victim Advocacy Pro m: K Name RAY B: MOSSMAN BUSINESS MANAGER & TREASURER Title ATTEST:,;zzLU-&� *AM& Naiffe Tit e c54</ RESOLUTION NO. 84-167 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 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 19tl0ay ATTEST: 1 2 zij or e CITY CLERK June , 1984. Itacelved & Approved By Tho Legal De arhnent 13 Y A/i AGREEMENT This Agreement was made and entered into on the 19th day of June , 1984, by and between the City of Iowa City, Iowa, a municipal corporation,_ 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 FY85. 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. 5y4 2 2. U.A.Y. agrees to provide appropriate Outreach services to youths as determined by individual needs. Methods used include: a. Street counseling through personal interaction 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. syr 3 II. FUNDING The City of Iowa City shall pay to U.A.Y. the sum of $37,500 in FY85 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 $9,375 each. The first payment will be made on July 15, 1984, 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 determinati- on of the budget, personnel policy, hiring, purchasing and expenditure approval. The City Council will appoint two qualified voting citizens of Iowa City to serve as voting members of the U.A.Y. Board. 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. 5y? 4 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 third fiscal year according to the standards pre- scribed in the OMB Circular A-102, Uniform Administrative Re�uiremennts for Grants in Aid to State and Loci— o ernmen A copy of suca audit report a3_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, 1985, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. the City of Iowa City, Iowa: ATTEST: MAMA—IAN K. KARR, CITY CLERK Retelved S Approved By The Legal Department 6 13 For United Action for Youth: NA / TITLE ATTEST: L55/9 RESOLUTION NO. 84-168 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 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 19th day of Jule 1984. YOR ATTEST: �Y LERK�An�LERKK Rocelvec! & Approves! by The Legal Deartment Ibb 11 15_5D AGREEMENT This Agreement was made and entered into on the 19thday of June , 1984, by and between the City of Iowa City, Iowa, a municipal corporation, 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 1985. II. FUNDING The City shall pay to Willow Creek Neighborhood Center the sum of $8,327 in FY85 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 $2,081.75 each. The first payment will be made on July 15, 1984, 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. .551 2 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 coy 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, 1985, except as provided herein. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 55a 3 For the City of Iowa City, Iowa �cy=c.rx�X- J N MCDONALD, MAYOR ATTEST: 7ea.") MARIAN K. KARR, CITY CLERK Rwca}ved & Approved By The Legal Department For the Willow Creek Neighborhood ATTEST: �)2fltU>�%/ NAME TITLE ,SS3 r RESOLUTION NO. 84-169 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 list attached It was moved by Ambrisco and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 19 84 Attest: City Clerk 3rd day of July , .SSy AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 19 84 Attest: City Clerk 3rd day of July , .SSy 7/3/mtg. —889—Best Steak House, 127 Iowa Avenue 85-90 Bill's I-80 DX, 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 85-94 Fitzpatrick's, 525 S. Gilbert 85-95 Jasper's, 18-20 S. Clinton 85-96 R. T. Grunts, 826 S. Clinton 85-97 Kitty Hawk, 800 S. Dubuque 85-98 Maid Rite, 1476 First Avenue 85-99 Mama's, 5 S. Dubuque 85-100 Paul's Hardware, 424 Hwy 1 W. 85-101 Rossie's Cafe, 329 S. Gilbert 85-102 Sanctuary, 405 S. Gilbert 85-103 Senor Pablos, 830 First Avenue 85-104 6:20, 620 S. Madison 85-105 The Sports Column, 12 S. Dubuque 85-106 Sycamore Eating $ Drinking Co., Mall Shopping Center 85-107 VFW #3949, Hwy 6 Bypass 85-108 Village Inn, 9 Sturgess Corner 85-109 The Vine, 330 E. Prentiss 85-110 Wilkes, 122 Wright Street 85-111 The Upstairs, 1262 E. Washington Cigarette Permits coi 85-112 85-113 85-114 85-115 85-116 85-117 85-118 85-119 85-120 85-121 85-122 85-123 85-124 85-125 85-126 85-127 85-128 85-129 85-130 85-131 85-132 85-133 85-134 85-135 85-136 85-137 85-138 85-139 85-140 85-141 85-142 85-143 85-144 East-West Oriental Foods, 615 Iowa Avenue Donutland #41, 817 S. Riverside Vitosh Standard, 1905 Keokuk Street Gas Company Inn, 2300 Muscatine Avenue Osco Drug #448, 201 S. Clinton Crow's Nest, 313 S. Dubuque Joe's Place 115 Iowa Avenue Bob Bell's standard, 2315 Muscatine Avenue Mall Service Center, Sycamore Mall Connections, 121 E. College (Maxwell's) Harry's Dodge Street DX, 605 N. Dodge Dickey's Save -A -Lot, 1213 S.Gilbert Ct. The Brown Bottle, 114 S. Clinton Hilltop DX, 1123 N. Dodge Sinclair Marketing, 731 S. Riverside Sinclair Marketing, Hwy. 1 N. R. R. 2 Revco Discount Drug Center #3019, 1101 Finkbine Golf Course, U of I Iowa Memorial Union, U of I Residence Services -Quadrangle, U of I Residence Services -Burge Hall, U of I Residence Services -Vending, U of I Residence Services -Hillcrest, U of I Kirkwood 176, 300 Kirkwood Avenue VFW #2581, 1012 Gilbert Court Russ' Standard, 305 N. Gilbert Burger Palace, 121 Iowa Avenue Gringo's, 115 E. College Street S. Riverside Drive Page 3 5Sb RESOLUTION NO. 84-170 RESOLUTION AUTHORIZING THE FILING OF A PROGRAM DESCRIPTION FOR 1984 RENTAL REHABILITATION GRANT FUNDS IN THE AMOUNT OF $71,500 UNDER SECTION 17 OF THE UNITED STATES HOUSING ACT OF 1937, INCLUDING ALL UNDERSTANDINGS AND CERTIFICATIONS CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is eligible to receive formula grants for rental rehabilitation under Section 17 of the United States Housing Act of 1937; and WHEREAS, $71,500 in Rental Rehabilitation Grant funds have been allocated to the City of Iowa City for federal fiscal year 1984; and WHEREAS, a Program Description has been developed so as to fulfill the primary objectives and intent of the Rental Rehabilitation Grant Program; and WHEREAS, the City of Iowa City has provided residents of the community with opportunities to comment on said Program Description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby authorized and directed to: 1. File with the U.S. Department of Housing and Urban Development a Program Description for 1984 Rental Rehabilitation Grant funds under Section 17 of the United States Housing Act of 1937. 2. Provide all necessary information, understandings, and certifications required by the U.S. Department of Housing and Urban Development in connection with said Program Description. 3. Act as chief executive officer in connection with said Program Description and to conduct and administer a rental rehabilitation program in conformance with the requirements of the U.S. Department of Housing and Urban Development. z It was moved by Erdahl and seconded by Ambrisco 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 day of July 1984. YOR ATTEST: / 1)1,4 �n� X CITY CLERK the Resolu- RrAot+od & IlMwend By The Lc.,;a{ De aft*M ESQ RESOLUTION N0. 84-171 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE REINFORCED CONCRETE BOX CULVERT AT FIRST AVFNUF AND NORTHEAST BRANCH OF RAISTON CRFFK ESTABLISHING /L+COUNT 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% 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 10:00 a.m. on the 24th day of July 19 84 . Thereafter, the bids will be opened by the City Engineer or his designee, and thereepon 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 31st day of July 1 19 84. 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 X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 3rd day of July 1984 _ MAYOR ATTEST: �A� � J Retelved & Approved CITY CLERK By The Legal Department RESOLUTION NO. 84-172 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY85 BRIDGE PAINTING PROGRAM 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 10:00 a.m. on the 24th day of Jules_ 19 84. 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 31st day of July , 19 84. It was moved by Di k on 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 Pas - ATTEST: j60 \q Iowa City, Iowa, July 3, 1984. The City Council of Iowa City, Iowa, met on the a6ovb date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson Erdahl McDonald Zuber Absent: Strait —1— AHLERS. COONEY. DORWEILER HAYNIE.$MrtH a ALLBEE. LAWYERS DES MOINES IOWA 561 (Other Business) The Mayor announced that the purpose of the meetipg_was to hold a public hearing on the proposal to issue not to.efcceed $900,000 aggregate principal amount of the City's Commercial Development Revenue Bonds (Jackson Square Associates Project), as required by Section 419.9, Code of Iowa, and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of financing all or a portion of the cost of acquiring, improving and equipping land, buildings and improvements suitable for use as a 27 unit housing complex for the elderly located within the area of and consistent with the City's Neighborhood Development Plan. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Jackson Square Associates, with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) Jeff Denburg All three re questioned approval of this Karen Kubby IRB request when same individual has received Roger Boyles other IRB's, and assurance project would remain occupied by elderly tenants. —2— AMLERS. COONEV. DORWEILER H.YNIE. SMITH a ALLBEE. L.W,t RS DES MOINES 10w. . _610,2 After ample opportunity had been given to all persons who appeared at the hearing to express their views for or. against the proposal to issue said Bonds, Council Member Zuber proposed the following Resolution and moved its adoption. Council Member Ambrisco seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Ambrisco Baker Dickson, Erdahl, NAYS: McDonald Zuber None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: — 3— AMLERS. COONEY DORWEILER. HIYNIE SMITr a ALLeEE LAWYERS DES MOINES IOWA 5%3 RESOLUTION NO. 84-173 PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $900,000 AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE BONDS (JACKSON SQUARE ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue Commercial Development Revenue Bonds for the purpose of defraying the cost of acquiring, improving and equipping land, buildings and improvements suitable for use as a 27 unit housing complex for the elderly which the City finds is consistent with the urban renewal plan adopted by the City pursuant to Chapter 403, Code of Iowa, and to loan the proceeds from the sale of such Bonds, pursuant to a loan agreement, to Jackson Square Associates, an Iowa general partnership (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined said Project is located within the area of and is consistent with and authorized by the City's Neighborhood Development Plan, and there is a public need in the City and its surrounding environs for implementation of said Neighborhood Development Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and provide employment opportunities for residents of the City and the surrounding area; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $900,000 aggregate principal amount of Commercial Development Revenue Bonds (Jackson Square Associates Project) (the "Bonds"), of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a resolution was adopted on June 19, 1984 adjourning said public hearing to July 3, 1984; and WHEREAS, a public hearing has been held at the time and place as specified in the notice of public hearing previously published and in the resolution adopted on June 19, 1984 and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 3 hat it is hereby determingd that it is neces- sary and advisable that the City proceed with the issuance of - 4- ANLERS, COONEY. DORWEILER HAYNIE. SMITH a ALLBEE LAWYERS DES MOINES IOWA s6v its Commercial Development Revenue Bonds (Jackson Square Associates Project) in an amount not to exceed $900,000, all as authorized and permitted by the Act and Section 103 of the Internal Revenue Code of 1954, as amended (the "Code")Ir and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council as required by the Act and Section 103(k) 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 the said Bonds are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said 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 nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. 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 and approved this 3rd day of July, 1984. City of Iowa City, II,o�waa 0(Seal) �% n McDonald, Mayor Attest: Ma 'an K. Karr, City Clerk -5- AHLERS. COONEY, DORWEILER. MA,NIE SLUT+ a ALLBEE LAW.ERS DES MOINES I0.1 5405 CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said City at a meeting open to the public on July 3, 1984, holding of a public hearing and approving the issuance of not to exceed $900,000 aggregate principal amount of Commercial Development Revenue Bonds (Jackson Square Associates Project), of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and 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. witness my hand and the Corporate Seal of said City hereto affixed this `y. day of July, 1984. (Seal) State of Iowa ) SS: County of Johnson ) a ian K. Karr, City Clerk Subscribed and sworn to before me this day, the date last above written. (Seal) N toy Public 'M ANLERS. COONEY DORWEILER HAYNIE SMITH 8 ALLBEE LAWYERS DES MOINES IOWA (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. July 3, 1984 7:30 P.M. f CW oZ '30P y1 9. SMR 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. Public Hearing and Resolution Approving Proceeding With The Issuance and Sale of Not To Exceed $900,000 Aggregate Principal Amount of Commercial Development Revenue Bonds (Jackson Square Associates Project), of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 15 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. -7- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA SO Mar'an K. Karr, Clerk of the City of Iowa City, Iowa -7- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA SO RESOLUTION NO. 84-174 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SEVENTH 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, a Seventh Renewal Agreement has now been negotiated by said parties in order to continue said delivery of special transit services to Iowa City residents, 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 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 3rd day of July , 1984. ATTEST: Rwtarwrod $ 1,pmr%-e3 Cy :he D--per-nont G -- 8�- tG4 SEVENTH 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 -tile Johnson County Recorder: Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The seventh renewal term of the 28E agreement referred to above shall commence July 1, 1984, and continue for one year through and including June 30, 1985. 2. Paragraph 4(A) of the original agreement, as amended, is further amended by deleting the entire language thereof and substituting the following: '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 Supervisors and the SEATS Manager to maximize responsiveness to demand and productivity." 3. Paragraph 4(C) of the original agreement, as amended, is further amended by deleting the entire language thereof and substituting the following: 'The County shall continue to request a donation. All such donations 541 2 will be retained by the County to help defray operating costs. The average donation per passenger in FY85 will be subtracted from the estimated average cost per passenger in FY86 to establish a basis for payment by the City to the County in FY86. During FY85 the County 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 FY85 average cost per trip ($3.26) minus the FY84 average donation per trip ($.33). The total funding for this service during FY85 shall not exceed $61,500. 5. The City agrees in FY85 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. 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 570 3 invoice. The City shall not be liable for delay in fuel shipments, supplying fuel during periods of equipment malfunction or fuel short- ages. r 7. The County shall idemnify, 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 may 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 idemnification 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 3rd day of July , 1984. CITY OF IOWA CITY, IOWA By: /�L 9'5t'�e 7 n McDo a , Mayor DJOHNSON COUNTY, IOWA By : *l Harold onn y, Chr rperson Board ofilSuper0sor ATTEST: n J P. 7X AJ ATTEST: Ci erk ile, oyad a k"VAt Av the 1A�a1 oeparn„e�d x'71 RESOLUTION NO. 84-175 RESOLUTION DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS FOR THE CAPITOL STREET PARKING RAMP IMPROVEMENT PROJECT. 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, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are on file with the City Clerk, and WHEREAS, the amount of bid security to accompany each bid for the construc- tion of the above-named project had earlier been set in the amount of 5% of the bid payable to Treasurer, City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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. 2. 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 12th day of July, 1984. 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 in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 17th day of July, 1984. 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 3rd d W of July , 1984. v ATTEST: 1Y� '.) �.-�(J.�,yJ CITY CLERK i Received 8 Approvee By T 4e gal De •rtmant P RESOLUTION NO. 84-176 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CONTRACT 1 - RESERVIOR FOR THE ROCHESTER AVENUE RESERVTOI-- WHEREAS, Preload Technology, Inc. has submitted the best bid of 738,610 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 Preload Technology, Inc. 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. the It was moved by Erdahl and seconded by Dickson resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X — Ambrisco R -- — Baker X _ Dickson X Erdahl X McDonald — X Strait X Zuber Passed and approved this 3rd day of July lg 84. ATTEST: tha t Received & Approved By The Legal Depadnvnt G z��8q- 573 RESOLUTION NO. 84-177 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CONTRACT 2 - PUMPING STATION FOR THE ROCHESTER AVENUE-- RESERVIOR WHEREAS, McComas-Lacina Construction Com any, Inc. has submitted the best bid of 336.422 for the construction o above-named project. 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 McComas-Lacina Construction Company, Inc. 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 Zuber and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco R Baker X Dickson X Erdahl X McDonald X Strait R Zuber Passed and approved this 3rd day of July 19 84. MAYOR ATTEST: CITY CLERK g Approved The legal Department L z'I 571 RESOLUTION NO. 84-178 RESOLUTION AUTHORIZING EXECUTION OF OVERWIDTH PAVING AGREEMENT WHEREAS, the City of Iowa City, Iowa. has negotiated an with Plum Grove Acres, Inc.copy agreement being attached to this Reso ution and by thisareferencesaid prppent made 'aparte and, hereof, said WHEREAS. the City Council deems it in the public interest to enter into _agreement for overwidth paving of First Avenue in Phase 2 of First and Rochester, Part 1 in Iowa City, Iowa NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: I. That the Mayor and City Clerl: are hereby authorized and directed to execute the agreement _ with _ Plum Grove Acres, Inc. 2. That the City Clerk shall furnish copies of said agreement td anv citizen requesting same. - It was moved by Dickson and seconded 6 the resolution as read bapted, and upon roll cal Fe adl there were that AYES: NAYS: ABSE%7: X Ambrisco X Baker X— Dickson X Erdahl X McDonald — X Strait X _ Zuber Passed and approved this 3rd day of July . 19 84 . h1A OR ATTEST:� CIT CLERK Received 3 Approved By Tho Legal Depariment 14 S%S al — ACREt HENT WHEREAS, Plum Grove Acres, lnc• is the developer of the First and Rochester, Part 1 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning d Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve The first oortion Of First Avenue by paving said street 31 feet vide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of .18 feet in width and said cost has been determined to be less than Twenty -Five Thousand Dollars (525,000), and that y no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has ' determined that the cost of $15.50 per square yard not exceed Three -Thousand Five -Hundred dollars (S 3,500.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT 15 THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of 315.60 per s ware yard, not to exceed Three thousand Five -Hundred ($3,500.00) as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this _rd-- day of ,_..y_ q.p., 1984 . nn CITY OF IOWA CITY, IOWA P4.UM GRBUI; NC�%uC By: �.-� By: / 2 or bres ident Attest:�%? By: Llt Clerk pec retary R"sNad & Appmved 6y Me Leal7eparfr nns :s,/v -5 l ,- t`To City of Iowa City Endneer--Frank Falmer Franks These overwidth agreements for paving C the paving that we expect to do his season in order to pat Cruise and amdorf over the First Ave Bridge and o home. We intend to do Hickory Trail t the same time-- if the weather permits. 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WHEREAS, on November 4, 1977, Emilio G. to the City of Iowa City in the amount a Housing Rehabilitation loan, and Arredondo executed a promissory note of $4,950 for value received by way of WHEREAS, said promissory note provided a lien against subject property, and WHEREAS, $4,950 of the full amount of said note has been paid in full, and WHEREAS, the subject property was sold or transferred on June 13, 1984. 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 Emilio G. Arredondo to pay to the City the principal amount of $4,950.00. 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 3rd ATTEST: U 11 UERK of July 1984. Rwceivecl L' Approved By The Legal Department 6 r4 84 - ,SW RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: Date July 3, 1984 That the City of Iowa City, Iowa, does hereby release the following described property: Commencing at the intersection of the southwesterly line of Muscatine Avenue with the line running northeast and southwest between Lots 4 and 5 in Block 41, in East Iowa City, Iowa, according to the recorded plat thereof, thence southwesterly along said described line to the north- easterly line of the alley, as shown by the recorded plat thereof, thence southeasterly along the line of said alley 55 feet, thence northeasterly parallel to said line between said Lots 4 and 5 to the southwesterly line of Muscatine Avenue, thence northwesterly along the said southwesterly line of said Muscatine Avenue to the place of beginning; subject to all easements and rights-of-way of record. Grantors also convey to the grantee all interest they may have in driveway easement over 5 feet of the lot adjoining the southeasterly line of the above-described tract. from an obligation of Emilio G. Arredondo to the City of Iowa City, Iowa, in the principal amount of $4,950.00 represented by a promissory note recorded in the Office of the Johnson County Recorder on November 10, 1977, in Book 246, Page 296. This obligation has been paid in full. ATTEST: (C y Clerk) CITY OF IOWA CITY, IOWA By: ayor Roeafved A Approved Pi 1he Legai Deparhmnt 577 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 3rd day ofJul 1984, before me, the undersigned, a NotaryTubl[ c 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, 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 municipal corporation, by it and by them voluntarily executed. SC/Z�n Notar Publ c in and for -Johnson County, Iowa .580 RESOLUTION NO. 84- 180 J RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GWG INVESTMENTS FOR LOTS 1, 2, 3 , and 4, BLOCK 63, ORIGINAL TOWN (THE OLD PUBLIC LIBRARY AND ADJACENT PARKING LOT). WHEREAS, the City of Iowa City did by Resolution 83-13 authorize the execution of an agreement to purchase the Old Public Library and the adjacent parking lot for private development; and WHEREAS, said agreement was duly executed and contained certain provisions which the City of Iowa City and GWG Investments wish to modify by an amendment to said agreement; and WHEREAS, the City of Iowa City deems it to be in the best interest of the City to enter into an amendment to the agreement to reflect certain changes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: that. the Mayor is authorized and the City Clerk to attest the amendments to the agreement known as the Offer to Purchase --Old Public Library and Parking Lot. It was moved by Zuber and seconded by Dickson the Resolution be adopted, and upon roll call there were: ABSTAIN: AYES: NAYS: ABSENT: X Ambrisco X X X y_ X Passed and approved ATTEST: 1%i9wwn�r� Baker Dickson Erdahl McDonald X Strait Zuber 3rd day of July 1984. ...I - . by..�wS..... <911 AMENDMENT TO AGREEMENT OFFER TO PURCHASE --OLD PUBLIC LIBRARY AND PARKING LOT WHEREAS, GWG Investments, an Iowa General Partnership and the City of Iowa City, Iowa, have executed an Offer to Purchase Agreement for the development of the Old Public Library building (Lots 3 and 4, Block 63 Original Town) and the contiguous parking lot (Lots 1 and 2, Block 63 Original Town), said Agreement having been executed January 18, 1983, by the parties; and WHEREAS, the Agreement grants to the Buyer an option to purchase the parking lot site within twelve (12) months from the date of the Agreement and that the Buyer has delivered written notice to the Seller that it intends to exercise the option, said notice having been dated January 10, 1984, and the Agreement further requires that the Seller convey the parking lot site within sixty (60) days after receipt of said notice; and WHEREAS, the Agreement requires the Buyer to develop or redevelop the Old Library building and to expend improvements on same in an amount no less than Three Hundred percent (300%) of the Buyer's bid price of One Hundred Sixty -Five Thousand Dollars ($165,000.00) for a maximum amount of Four Hundred Ninety -Five Thousand Dollars ($495,000.00); and WHEREAS, certain matters have now arisen which require a change in the aforesaid conditions and the parties hereby desire to amend the Agreement to reflect those changes; and IT IS THEREFORE AGREED AS FOLLOWS: 1. That Paragraph 8 of the Agreement is hereby amended to provide that the Seller shall convey title to the parking lot site no later than July 10, 1986. N 2. That Paragraph 8 of the Agreement is hereby amended to provide that the Buyer shall make improvements on the Old Library to the Seller's satisfaction in the amount of $495,000.00 no later than January 27, 1986. 3. The Agreement originally executed between the parties on January 18, 1983, is hereby ratified and confirmed in all other re- spects. FOR BUYER: GWG INVESTMENTS, an Iowa General Partnership Bruce R. Glasgow Alan J. Wolfe Joseph W. Glasgow General Partners 834 N. Johnson Street Iowa City, Iowa 52240 FOR SELLER: CITY OF I014A CITY, IOWA C /1o^�{{hn McDolnald,,/ Mayor aAAJ Ma ian K. Karr, City C ee ^caved d Approved By The Legal Deparhnent NOW RESOLUTION NO. 84-181 RESOLUTION ADOPTING REGULATIONS FOR THE OPERATION OF SIDEWALK CAFES ON THE PUBLIC RIGHT-OF-WAY IN THE CITY OF IOWA CITY. WHEREAS, it is desirable that certain businesses in Iowa City be allowed to expand food services activities into outdoor service areas, and WHEREAS, the City Council wishes to establish criteria to serve as a basis for its approval of the operation of said outdoor service areas, known and referred to as sidewalk cafes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the "REGULATIONS FOR THE OPERATION OF SIDEWALK CAFES ON THE PUBLIC RIGHT-OF-WAY IN THE CITY OF IOWA CITY," attached to and made a part of this resolution, are hereby adopted by the City of Iowa City as minimum criteria for the granting of permission to operate sidewalk cafes on the public right-of-way. These regulations shall apply as indicated, the only exceptions being those specifically set forth within the regulations. 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 X Strait X Zuber Passed and approved this 3rd day of July , 1984. ATTEST: nk". CITY CLERK Received & Appm* d gy the Legal Depafto", ��.--- 591 CITY CF 1 CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D REGULATIONS FOR OPERATION OF SIDEWALK CAFES ON THE PUBLIC RIGHT- OF-WAY IN IOWA CITY 1. A sidewalk cafe is defined as a temporary, outdoor service area used for the serving and consumption of food and beverages which are dispensed from inside a restaurant to people seated at tables and chairs in the outdoor area. 2. Permission to operate a sidewalk cafe on the public right-of-way shall not be given to any business or establishment licensed for the sale, distribu- tion, or consumption on the premises of any alcoholic beverage under Chapter 123 of the Code of Iowa. 3. Sidewalk cafes will be permitted in the public right-of-way or on other publicly -owned property only in the CB -10 and CB -2 zones (the downtown and the commercial areas directly north and south of the downtown). 4. The sidewalk cafe area must be adjacent to or directly in front of the building housing the restaurant and utilization of that area is subject to the building owner's approval. 5. A sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight feet of unobstructed sidewalk remaining for pedestrian use. The eight foot unobstructed portion of the sidewalk should be continuous and contiguous with the adjoining sidewalks in such a manner as to provide uninterrupted, smooth passageway for all pedestrians. If the existing sidewalk is less than eight feet in width, no encroachnent will be permitted. On the City Plaza, a sidewalk cafe may use the area defined as Zone 1. 6. All tables and chairs in the sidewalk cafe area shall be set back, for safety purposes, at least ten feet from alleys and shall not be located in a triangular area at street corners in which two of the triangle's sides measure 20 feet in length along the curb lines from the point of intersec- tion of the streets. 7. The area for a sidewalk cafe shall be temporarily delineated by ropes or some other suitable method which shall be clearly visible to pedestrians. Tables, chairs, and other items are to be removed at the end of each day's operation and the sidewalk cafe area restored to its normal condition as a pedestrian way. No materials shall be stored on the public right-of-way. 8. Sidewalk cafes shall not be allowed to operate before April 1 or after October 30 of any calendar year. 9 A sidewalk cafe may not utilize any public amenities such as benches, seats, or tables. 59 5 10. Amplified sound equipment shall not be permitted. Additional advertising or identification signage beyond that permitted for the main restaurant shall not be permitted. Any amenities (such as chairs,_ tables, and umbrellas) shall not have any advertising on their surfaces. Compliance with the City noise ordinance shall be required. 11. A fee will be charged for the use of the public right-of-way. The fee rate will be set by resolution of the City Council. 12. The use of public sidewalk space for sidewalk cafe purposes shall not be subject to the zoning code. The Zoning Ordinance regulates only the use of private property and not public property. 13. The sidewalk cafe, as part of a restaurant, must be licensed by the Johnson County Board of Health. 14. Every sidewalk cafe operator shall be required to post sufficient insurance as determined by the City and shall enter into an agreement holding the City harmless against any and all liability arising from accidents or other actions arising from its operation. 15. An application for a sidewalk cafe shall contain, at a minimum, a plot plan, a picture. or illustration of the amenities to be used, and the seating capacity. In addition, the application shall provide the name and address of the owner of each immediate abutting property. Applications will be handled by the City staff with the review and approval of any use of the public right-of-way approved by the City Council as prescribed in the City Code of Ordinances. The City will notify the immediate abutting property owners by letter of the nature of the application, and the date and time this item will appear on the agenda for approval by the City Council. If the application is approved by the Council, the City staff will be respon- sible for the administration of the agreement and collection of fees. 16. The operation of any sidewalk cafe as defined herein shall be in conformity with all applicable Federal, State, and local laws and regulations. 17. A permit to operate a sidewalk cafe shall be granted only for the calendar year in which application is received. Application shall be made at the Civic Center on the standard application form for the use of streets and public grounds or for the use of City Plaza. 18. The City retains the right to withdraw, at its discretion, permission for the use of the public right-of-way for a sidewalk cafe at any time it deems such withdrawal to be in the public interest. The City may, after notice to the permit holder and a reasonable opportunity for hearing, revoke authorization for the operation of a sidewalk cafe for any establishment where excessive noise or other problems, as determined by the City, result directly from the operation of the sidewalk cafe. The revocation procedure shall be initiated by the City Attorney filing an administrative hearing complaint with the City Council. Written notice of hearing, as well as a copy of said complaint, shall be served upon the permit holder at least 10 days prior to the date set for hearing. The hearing shall be before the City Council and shall be governed by the procedures as established by Sections 2-186 and 2-187 of the Code of Ordinances of the City of Iowa City, Iowa. Received $ Approved By The legal Deartment d— b 7d%N 501 RESOLUTION NO. 84-182 Res6 de.J (j 94— Ba RESOLUTION ESTABLISHING FEES FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR THE OPERATION OF A SIDEWALK CAFE WHEREAS, the City Council of Iowa City, Iowa did on July 3 1984 adopt Resolution No, which establishes regu a ions or operation of a sidewalk cafe on a pub is right-of-way, and WHEREAS, Section 11 of said regulations provides for the fees for the use of the public right-of-way for a sidewalk cafe 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 use of the public right-of-way for the operation of a sidewalk cafe: 1. Annual fee - $300 per season (April 1 -October 30). It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO �— BAKER �— DICKSON �— ERDAHL �— MCDONALD X STRAIT X ZUBER Passed and approved this 3rd day of 441Y1 R ATTEST: CIT CLERK Received & Approved By 16 Legal Depa111M, 6-2b-lsy..%Z_v_� S 0 f SOLUTION NO. 84- 183 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE AGREEMENT FOR THE SALE BY THE CITY OF IOWA CITY, IOWA OF ELM GROVE PARK TO JOHNSON COUNTY, IOWA WHEREAS, the City of Iowa City wishes to sell a tract of land known as Elm Grove Park; and WHEREAS, Johnson County, Iowa, wishes to purchase the said Elm Grove Park and has submitted an Offer to Buy Real Estate and Acceptance Agreement to the City for the purchase of same for the sum of $200,000.00; and WHEREAS, the City Council deems it to be in the public interest to accept said Offer from Johnson County, Iowa, and to convey the property subject to the statutory procedures governing the sale of city -owned property, and to set for public hearing the proposed conveyance on July 17, 1984. 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 Offer to Buy Real Estate and Acceptance Agreement submitted by 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 R Zuber Passed and approved this 3rd day of Julv 1984. ATTEST: 1?y T" WI4 w» vcunon roe MT LTG.. Italics er Mt u NNBI F.—H.. AI n or yNrt wilu, CONSULT roue uwr (L OFFER TO BUY REAL ES1 AND ACCEPTANCE ''rami (Short rum m) Iowa City lass June 28 Ig 84 To City of Iowa City Ih... in d.,lgn.red ., Sell.„) it.., ..m., or We, no S'..) THE UNDERSIGNED (herein d.signabd a Buyers] hereby offal to Ivy the reel .none Jwetd in Johnson Caunt,. le.., d ... ib.d as lotto.: Elm Grove Park, consisting of approximately 65,080 square feet more or less, with legal description to be provided from existing record entries, togetherith any easements eM lent ,ate, pungent tifwaio. but with --anon, and exception, only ex fclloe,: ISnik. put im pplicebb pare, H any, d I.). It) a Id blew,) JaiTitle shell be taken .ubiect to epplkobl. ,oninq res'60;on,except as n I, blow; Md subjad tar any see-peble, ,pO—a, and epprop,iar. omdnbe cwenanb as may be shown of record. except as in l below; Ic) Md subject to eowmah of record for public utilities, public roads and public highwap: (d)7"i� x for the total earn of s 200 000 00 Payable as tar's direction wi hire Ohre on County, lows. as fallow.: The full purchase price shall be paid at closing. I . SPKIA1 USE Th;, unrr Is .out .nnr hien •n p—M.a, aa., .11 s. n, �m o Cale nn no wale boi,dnp r.nanN rannd. r mere m. N,lo.ing anN.ming .,.dwa ala .reale general nrpose county offices XMA#3CJg5iIX9E2pB;mtt B. nssngmN. If emwm anew perform allbramm� ar ..raw paw 1 S th as, 0 Anmmt ng4_.p.,,.o;a past, a u;a as'. be ediwwa m conn. m .ill, r sum. 1--v .M wt—, .s or dao M —fe,9mrn N p,on If Ifu.n e r.w Wa subject as YgM .1 Ia,as of Indicate by "ye'- re rM awu owl—Ing: u wbicn nem. Saft. O.n Ionb.itt p,aduu .n .,lyes Neu o, sur s id anisse r ur,n.rjea. ad —;0.. L nliY.[S. 1.) LTi wound mmw.rr n.1 i.reyu,y mmG, ro w a u;e w•i ut.r...1 Ii..meing r,uamum alba. M r d. W,No. sten. rd,. blies, ned;u_d'uds, .wings. aromm .;e pmmbme Edon+. ..N; b.bn..a, nsn.n. a ric Ma4p . prem. a, [penmmnp built -;e items eW eNefiiul rn,u ubb, lrei4..erre erd ems, .maxed Lnom, nsn, ow la, sb.obs x¢RJafIJixlegOlatrexmxNx#gta A,k^"�.:xati0f9ckxkx9eePwx9PM9tf[9c ■ 7..ppn,onwL rgonsloNS. Tal;, on , made ,obi., tssaa:r ala terms glee pw ar P ...... or, ^on ra V, ¢wd ,robe an m side bend^ .`.ol wouiw .^ai n.' sow ryut o,. n }a die P:` ab. o to Z mnm+[ da rn In,t n or Il. amau of in vn c. m v. ,,act m`,n.0 —T" t ... ".r. un. r•g� ave. clyrn. p:n:m on If, ween. .es n. r. S. N M1OLLSg e.e 1Q, n 6 agree rMt at rd und ime Nm., I.W, M M. wN.0 price sun bW . b par fa, ams, awa se acquire as. n.rule, h sum. it .m, of meal palma. Ye if mi, offer 1. was -.ol.d W Sall— a w Ware Tal I 3 1 % np.ld to me Buyers. it ,nen become Bull and .aid ..d all wym.nn ,4u JOHNSON COUNTY IOWA Barer firer'. WIh .. H.eM.J By: �e aluOren. yy tarp Mas age L a u�epTevrJ �sors3Tdad July CITY OF IOWA CITY �„Be99— By Gs.rvet IB6a Or RM Sow. scat. Bar wmcfxtiw Sailer' • Wife a H.,b..J M1 OFFER TO BW want are, tsar S19'9 ADDITIONAL PROVISIONS M Lid -s- •S IF., w mbpn le m° hollw'mq fades, ...d1 lbm °sae wo.i6or. 14. SANS OVO MAINTAINED. Sed rel nr•1° tend ctrl 1—ot.1 gpern [ r•cled loll ea of dads A, Mi, olleer and ' it. pnrtnl c ndilion .:11 b p • d and del—ad .n n the ,m• n n pilar. 6 ..... .—e' 111. .1 leu or dnnucriw a :an elll elnae id pnmeea `Iqm e has, as— I-Ind a M•11. nuemep°d A°r deNop.tl ;ess, b• 1, ad°IS Seller ,hell . be repumd`b o be applied e, Nin mM1 pl N pectin LeTerl in Ibcon N•c< sed nnpl IN pgprly. IY• pnepnpNm<nend °X) r•peir pr rtpl•n oma. Loren M•II Mernpen pal• rha 12 . DEW. Upon ° e.1 el urdeu '""o Ynen ,hell n.n dills br .amply tlM. 'M Lamm aM paiepm I ean °p a b iN la.e SM1b Le. Auoe:elien, Ire and Isar al lio, end ineumbranm., r radio., nupliem w medifiuliom n a 1 •a is Mia ;h— of r li.., .e erne. p ellsash NII enentl p lima el eccepch pl Ma Ne, .it ,t el . nanen u N "'d of Sells' u0 ad rim. el a.liW of We. Sellers shall convey merchantable title n. wC txs uluu: lalxr liX1x0 Ix noes[OS Ax0 1x SCCULm nONT11x C[AL m.Ln x .M data 1I, IN Star— ;mmeei.Mlr PT eedide mi, sail. Nle m. INIe ee In. bP.. en<.ibee p.m :n e:nl < en[...ne ..cad ie m le,,.nn i, .pr LN• enrm�a br pa 1 L. Sm r na s. n'n 1n ;If "I p ceee. el me aaa, ener`ny [nn ming ..e/or n hada :ist. r Sall.. I said a b A.11 ba Ina -'I... Ib`n enn ., to en. a am .ianM1 el rvnbon^ip ane n r < ate lln mon Ina 111 1,Ln. m IA• r N ma ee.rn ei aim.. Yller ym P•r aten belenn1°rl n. prpeedr I mad sale rp r .inq fene..ne l0[a[mpl'd<ed .em , <n .,ni.iry Sella, enn..nen} .iM n[.pr lei, pe..p.eph U n ,r,ia.n I— his .pncmenr. u15. ••seluq,•• der . cneeold•r medi.rar ..,eeinq Mlr ..nm<m, anal M Prn,mee ro ea.a ,sad mid ;narvm•nl enlr In m• .v,pe.• r n.n ni.„ •n ,qnr, er derv. Z-adfi ea end e:nnb,c,e ,ben ane/p. a mmplienn .nA u o Yl.0 ICA.: sae ma ,.a of me mud 'Sall. .n IAa fitted elt lbi, Dote .. NN me , °Fell not 'ad..' nN ertlumplion, sae n and e, addend Ib, M1rnl of Ads ,puss ;n Omitted er .n he ael< I'd Ha th,mol, o, bind „cA ,Pouu u p e[ elorme;d, ro Iia r•mn aM pgmmm N IAir oiOY�ad. a TMI 6 O. TIS ESSENCE. Ven- ;a M rN nuns I. 1M, Aq,a.—It, IS. CSMIDISS O. TIE PALTES — wUSINCC — "M, OSYet — REAL CSTATC NMMIS land, leoll 1 I•il ro (infill M:, '9­s",IA< Salle y 1011.: rN sewaled the Code of Llai and •III p made n ,neer shall y 1 iree�In'. N • ueleoln eel e n q`br Yile m•ee Fereunder ,ell the peitl br IN YII°f 1.heparer saddled. in lull rdgher a o!0S, wen obl:e an or .u[A c.dd,Is n, u[li •I p1 enr, Ibl 11 Selden r°il re IWI:II Ilia en^, dell n IF<In eel addle comma, on 11 o< Bqe, ,Fell Fe.< rl.e r b Le.e surer .rmm4 meee nvemdn nn....d m dram. adv be d,q m ilia e<non enrnletl, bvl .rood say d';'" - < 1o11n .l`ai`n eAr` and<Se-l— a`: a ,nopesense"dled r end n me r. o, .n.ov . e. I, e0,1r .:sad 1 pall° ."`P . nd .e[n,<, m1 III a.-vi.de 11.. IL. SGmT1. if L.M ala, hb AN—to . ro 0n his pgPary. w p,rch.en . ; I.nal d n • •p Nle.,. Ma Soil I. w M.;, n uaNr. A.0 rv,n;aL e,pn :1m . aa°m.d. t. r.m.nn. .rbing ram°sae Nlen Is °ueb ii.. n :.farm, .b.l.p fees mrrM °°e .grid hair[. wnl.n OKe.IIINmrIII, sal he Ione St.n°1arl Aaawir.aln°de. 'IN- -f-,,. I -I I.Wodeabl. to this allment meI;°ammnl.nrncl, uq Nall M n pr Nmn ad prnnien of III II. AuOCATON O/ VALUE OF ASSSTS. 9'. end SIH.. ,btll r le N mIY ° debt. tlloufis of ..I— b M° . Nnie p,lelu°°d: b.l I.Io to ne. as egrnmml shelf sco t ...q .ned data, w steaid.t° she III m;n pato ... I.� A-CO�AI O. �Olvnn'If thin allomn. *nen as.' f and ." "d - 'us. e'e;p, this c hied M•11 be I bia[t b Cour) a:dI Islas III N, G,r1 apwe.el. �II M.I ncn, IN Ca,a Omon"s Deed shall b uaed.l p�a� Pmmplly end d:lig°nMr to bd;q tln meM1.r p for Aeennq to IMnURAN Q POLICIES. 11 111— pu,N.0 en inaellmnnl _.,,ad. Mer she", .1 Lee ono e[pnu, eHu Inp ie .Ilatl fin, Indsbrm eM Nnado iaaureno, .ilA wlended .w ,epi, Ir he benefit .1 he pert;. had to. ' an •m0un1 sof leu Mao M..°pie blaaee 01 Ny pe .3.d. Pr It ebicAnn mer b IED. The pelid. IS.,, b del'm,tl M the, Yll.n. (Y..1. pregnp4 1 cad IOI SI. CONRAQ "al ON SVCCESSOM IM INTICS . This wm,.e .bell eppry to and bind the auccmm,l in inhama of Me n,per;.e ped;e,. tt We. , d grew Nn;n, inwuv ;p e. nNe.ladgm.f Nrd, dal be ea.drw] as ;. IN Contain, r hand .ember. W sa mnculir, fadej.ir r wryt panda,, end;p M M• M. 0 OTNM I ... ISIO16. F -0s.1 Pgooll, liermile In,Pe[rion}1 (a) Construction of parking areas shall be in conformity with the ordinances of the City of Iowa City. (b) This offer is subject, in addition to acceptance by seller, to compliance by seller with all applicable statutes and ordinances regarding its disposition of real estate. IN Ran'—pan II- poi a.ords In SD. •1IS. e.lo. m .,pe1.9y I mm •na. 1° pl°led pemR! tD N t5 Mclnn.. adLer W. M Lraatb° a tr eaeut al pranothe s gbe,.l OW ITY JOHNSON COUNTY ryryI��OWA ,,,�nn^^ � By: By� tL1XN J had McDonald, Mayor SELLERS Harold Donnelly, (hairperson l YERS Board of Supervisors Seller: Address Buyers' Address SLATE or IOWA. _ COuutr Is 0. 111, day of . A. D. Ig^ belle me. the ,ddelagn.d. a Notary Nbrc ;n and I., Aid C-st, sad State. . p.redal. .Pp.•ea _ me 11%, re be If.:e<'rlica <n • ee :n end . Ilea I •Id le ao :norumesr "O,re1 r0 Wr Feel Estee Ind All -I. n enr e.r tl est no.leeged the, e<ecurea Ae 'me Is IFer v ,nlerr .11 end eeedd .n is, -See Code 1). its) Nol°ry Publ;c ;n Intl le, to;d Covnlr eId Stele. X90 r RESOLUTION NO. 84-184 RESOLUTION ESTABLISHING SALARY FOR FY85 FOR CITY CLERK AND CITY ATTORNEY WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED by the City Council 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, 1984: City Clerk $24,148.80 City Attorney $50.00 hourly for all legal work, except litigation $55.00 hourly for litigation It was moved by Zuber and seconded by Resolution be adopted, and upon roll call there were: AYES X X Passed and approved this 3rd NAYS: ABSENT: Dickson the Ambrisco Baker Dickson Erdahl McDonald �— Strait Zuber day of July, 1984. Lz' �-� R ATTEST: CITY CLERK Recgivg4 j Approved dy Thi �d pe �t RESOLUTION NO. 84-18S 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 Inc. dba 6:20 Inc. dba The Field House 6:20 111 E. College 620 S. Madison Iowa City, IA Iowa City, IA It was moved by Strait and that the Resolution as read e a opted, were: AYES: Ambrisco X Baker X Dickson X Erdahl 'X McDonald X Strait X Zuber X V.F.W., Le Roy E. Weekes Post #3949 dba V.F.W., Le Roy E. Weekes Post #3949 609 Hwy. 36, Bypass E. Iowa City, IA and ndedupon by �_ and upon rol ca t ere NAYS: ABSENT: Passed and approved this _day of jijiz 19 84. Attest: City Clerk S9I RESOLUTION NO. 84-186 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: K -Mart #4315 Uncle Elmer's Popcorn Magoo's 901 Hollywood Blvd. 105 E. Burlington St. 206 N. Linn Iowa City, IA Iowa City, IA Iowa City, IA It was moved by Strait and seconded by Ambri sco 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 ABSENT: Passed and approved this 17th day of July 19 84 Attest:����„� "Ci y Clerk Mayor <91 RESOLUTION N0. 84-187 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANITARY SEWER IMPROVEMENTS - SEWER SYSTEM REHABILITATION 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 31st day of July , 19 84, 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 17th day of July 19 84 . MAYOR ATTEST: CITY CLERK Rdeeived & Approved by The Legal De artment r] i^ s9y at�s) RESOLUTION NO. 84-188 RESOLUTION ACCEPTING THE WORK FOR THE TRANSIT MAINTENANCE FACILITY PARKING IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Transit Maintenance Facility Parkins Imnrnvpmpn+ arnior+ as included in a contract between the City of Iowa City and L. L. Pelling, Inc. of Iowa City, Iowa dated _ S ekt em_ber, 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 17th— day of July , 19 84 ATTEST: CITY CLERK MAYOR Z'Q e J� RESOLUTION NO. 84-189 RESOLUTION AP ZING THE PRELIMINARY AND F LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF STURGIS CORNER. WHEREAS, the owners, Myles Development Company, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plan of the Large Scale Non -Residential Development called Sturgis Corner, 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 and final plan and have recommended approval of same; and WHEREAS, the preliminary and final Large Scale Non -Residential Development plans have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plans be accepted and approved; and WHEREAS, the preliminary and final Large Scale Non -Residential Development plans 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 Large Scale Non -Residential Development plan for Sturgis Corner 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 plan and of the preliminary and final plan after passage and approval by law; and the owner/subdivider shall record the final plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is author- ized. It was moved by Dickson 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 ATTEST: this 17th day of Jules 1984. ?a: — Revolved 8 Approved 8Y�`e Legal Depamnent �`�,' 5% XHIBIT A.1 A tract of land containing a portion of Lots 8 & 10 of Sturgis Corner Addition, Part 2. a resubdivision of a part of Lot 2 as recorded in Plat Book 17, Page 29, in the Johnson County Recorder's Office and the portion of said Sturgis Corner Addition that was vacated as recorded in Book 703. Page 221 in the Johnson County Recorder's Office more particularly de— scribed as follows: Beginning at the southwest corner of the -above mentioned vacated tract, said point formerly.being known as the southwest corner of Lot 6 of the above mentioned Addition; thence S 71' 04' 20" E — 290.39 feet along the northerly right—of—,ray line of Highway 6 to Point -"A" on the westerly bank of the Iowa River; thence N-20' 00' 00" W — 165.00 feet along said westerly bank; thence N 13' 00' 00" W — 270.00 feet along said westerly bank; thence N 23' 00' 00" W — 200.00 feet along said westerly bank to Point ,ic.,, thence N 90' 00' 00" W — 94.51 feet to .the westerly right—of—way line of Sturgis Corner Drive and the north— east corner of Lot 10 of said Ad— dition; thence N 90' 00' 00" W — 203.63 feet to the northwest corner of said Lot 10; thence S 32' 19' 20" E - 31.68 feet along - .the west line of said Lot 10 to the north line of the tract of land con— veyed by deed recorded in Book 582. Page 25 in the Johnson County Recorder's Office: S97 tnenCe � CI- U4" 4U C — ZV.44 ieeC to 1 northeast corner of said c A.2 rod tract; thence S 8' 55' 40" W - 80.80 feet to the southeast corner of said conveyed tract; thence S 61. 25' 40" W - 128.00 feet to the south.corner of said conveyed .tract and the northerly right-of-way of Sturgis Corner Drive; thence southeasterly 85.86 feet along said northerly right-of-way along a 136.65 foot radius curve concave northerly which chord bears S 53' 04' 20" E - 84.45 feet; thence S 71' 04' 20" E - 69.00 feet along said northerly right-of-way to the southerly corner of Lot 8 of said Addition and the westerly point of the above mentioned vacated tract, said point formerly being known as .the westerly corner of Lot 9 of said Addition; thence S 71' 04' 20" E - 67.35 feet along said right-of-way; thence 27.81 feet along said';right-of-way along a 92.09 foot radius curve con- cave northerly which chord bears S 79' 43' 26" E - 27.71 feet; thence 84.29 feet along a 65.00 foot radius curve concave southwesterly which chord bears S 51' 13' 26" E - 78.51 feet; thence'S-14' 04' 20" E - 12.05 feet along said right-of-way; thence 112.96 feet along said right-of- way along a 196.12 foot radius curve concave southwesterly which chord bears S 2' 25' 40" W - 111.40 feet; thence S 18' 55' 40" W - 32.60 feet along said right-of-way; thence 28.61 feet along said right-of-way along an 80.00 foot radius curve con- cave northeasterly which chord bears S 8' 41' 03" W - 28.45 feet to the Point of Beginning. Said tract contains 3.31 Acres. more or J! g Rr .�p RESOLUTION NO. 84-190 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR THE MARSH AND MCLENNAN BUILDING LOCATED ON LOTS 19 AND 20 OF THE HIGHLANDER DEVELOPMENT SUBDIVISIONS OF JOHNSON COUNTY, IOWA. WHEREAS, the owner, Harry R. Wolf, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final LSNRD plan for Lots 19 and 20 of the Highlander Development Subdivision; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final LSNRD plan and have recommended approval of same; and WHEREAS, the preliminary and final LSNRD plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended it be accepted and approved; and WHEREAS, the preliminary and final plan is found to conform with all of the requirements of the City ordinance 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 LSNRD plan for the Marsh and McLennan Building on Lots 19 and 20 of the Highlander Development Subdivision is hereby approved. 2. That the Mayor and City Clerk 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/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 Dickson and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X Passed and approved this 17th NAYS: ABSENT: ATTEST: CITY LERK Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of July , 1984. Received 3 Approved By i o Legal Deparf nerd rQ 7 n P Kqq RESOLUTION NO. 84-191 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH VEENSTRA & KIMM, INC. FOR SERVICES WHEREAS, the City of Iowa City, Iowa, has negotiated an _�2reement with Veenstra & Kimm, Inc. , a copy of .said ft reement 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 ewith Veenstra & Kimm Inc. for oroiec-t insoPrtinn and cyrvay and testingg services s on the Rochester Avenue Reservior Pro,iect. NOW, THEREFORE, BE IT "r.ESCILVED BY THE CITY COG:CIL: I. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement_ _ W. i - Veenstra & Kimm, 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 aCopted, and upon roll call there were: AYES: NAYS: ABSEN': Y —_ Ambrisco —X Baker —� Dickson Erdahl —� McDonald - Strait _ Zuber Passed and approved this 17th day of July 1984 �c MAYOR ATTEST: %%?�AJ am ,J74 Recolved & Approved CITY CLERK By ha Legal DeparTmanf _L 4• AGREEMENT This Agreement, made and entered into thisl %th day of July , 1984 by and between the City of Iowa City, a muntcioD corporation,-Ferein Ter referred to as the City and Yeenstra a Kimm, Int. of Iowa City and 'West Des Moines, Iowa, hereinafter re erre to as t e ansa taut. Now therefore, it is hereby agreed by and between the City and the Consultant that the Consultant act for and represent the City in all matters involved in the terms of this Agreement. Such contracts of employment to be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices to 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 preference. In. To discriminate against any individual in terns, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. I. SCOPE OF SERVICES The Project to which this Agreement is aoplicable is entitled ROCHESTER AVENUE RESERVOIR and includes the following components: 1. A two (2) million gallon prestressed concrete water storage tank located on City -owned property near the intersection of Rochester 2venue and Post Road. - 2. A pumping station and appurtenances to provide for filling the reservoir from the water distribution system and pumping from the reservoir back to the distribution system to increase pressure. The Consultant is to provide general services during construction as defined hereinafter, project representation as defined hereinafter, construction staking and testing services for the Project. General Services During Construction The Consultant shall provide general services during constriction, including: 1. Establish bench marks and/or base lines to permit starting construction 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 payment estimates of Contractors to the City. 6. Attend and conduct a preconstruction conference. 7. Make routine and special trips to the job site as required. 8. Provide written monthly progress reports to the City 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 deternine that the construction complies with the plans and specifications and, with the City Engineer, recommend acceptance of the work by the City. (D I M3 11. Provide the City with two complete sets of as -built blueline plans and one set of mylars showing the final construction. Project Representation The Consultant shall provide technical observation of the construction whenever there is activity at the Project site which requires observation. 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 execution 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 an a weekly basis. Construction Staking The Consultant shall provide the initial Project field stakeout of construction and all subsequent staking as construction progresses. It is further understood that if, in the opinion of the Consultant, any of the 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 and pay for field and laboratory testing of the type and quantities as set Forth in Exhibit B, 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 Project. Consultant shall bili Contractors for such retesting. In general, enough testing will 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 will be on site for sampling and/or testing of backfill, subgrade and concrete, as required. Sufficient tests will be made to insure that the 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 authorization of the City Engineer. The Consultant shall receive additional compensation for properly authorized special services at the direct personnel expenses shown on Exhibit A, 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 are provided for testing in excess of those quantities shown an Exhibit B, such services shall be billed at actual cost to the Consultant. Special services may include the following: 1. 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 amount shown on Exhibit B. 0:1 -3- 4. Project representation beyond the specified construction completion date of September 30, 1985, to the extent of the direct personnel expense (x 2.2) to the Consultant in excess of the "not to exceed" figure for project representation shown hereinafter. It is understood that the liquidated damages clause in the specifications may be used by the City to provide funds for payment of fees for project representation after the specified completion date. IT. 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 an the basis of work satisfactorily completed and accepted by 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 and shall be available to the City or its authorized representative at mutually convenient times. 4. 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 the parties 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 Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance 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 he 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. Kim and/or A. R. Munsterman of the Consultant shall attend such meetings of the ity Uouncil relative to the work set forth in this Agreement as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to said persons so that they may respond. 603 -4- 11. The Consultant agrees to furnish, upon termination of this Agreement and demand by the City, copies of all basic notes and sketches, charts, computations, and any otter data prepared or obtained by the Consultant pursuant to this Agreement without cost, without restriction or limitations as to the use relative to this Project. 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. Oesignate 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 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 site of the Project including previous reports and any other data relative to design and construction of the Project. 4. 'lake 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. Examine all studies, reports, sketches, estimates, speci`ications, 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. TV. TIME OF PERFORMANCE The Consultant shall provide services on a time schedule so that the Contractors' work will not be delayed. Services shall begin with the preconstruction conference and continue through the construction period to the Consultant's statement of substantial completion to the City. V. COMPENSATION FOR SERVICES The City agrees to pay the Consultant for services as stated in this Agreement on the basis of Oirect 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. Fees for the various services set forth in this Agreement shall not exceed the following amounts: 1. For general services during construction, including outside expenses for long distance telephone calls and for review of electrical and control shop drawings, the not to exceed amount of ?^S, 57eso.o 0 2. For project representation and construction staking subject to the constructiV being completed by September 30, 1985, the not to exceed amount of 33 2 P3.ao Additional project representation will be billed as species aT services. 1by -5- 3. For testing, subject to the quantities and unit prices shown in Exhibit 8, the not to exceed amount of 4 -F /ee.co Additional testing will be billed as special services. 4. The total not to exceed fee for all services including reimbursables set forth in this Agreement, excluding any fees required for special services, shall not exceed the amount o0' -4.z S(r3.. The Consultant shall make no charges to the City for hotel or motel charges, meals or mileage. The Consultant shall submit monthly statements --for-strvd ces-•rendered and -for outside expenses incurred. With each billing, the Consultant shall list the individual classification, the hours worked, and the hourly rate. The City shall make prompt monthly payments in response to the Consultant's monthly statements. 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 ponies contingent upon or resulting from the execution of this Agreement nor have any of the above been aoplied by any party to the Agreement. FOR THE CITY: VEEIISTRA S KIMM, INCLk y� i 8 - Mayor /—�6reSi_e�nt'� TEST: (/ATTEST: ty CTerK cxecuLlve zeqLetary Recomd P AWmved By T'ngLegal Cep aremenl �6pJl�'jci 'l19 4o/ EXHIBIT A DIRECT PERSONNEL EXPENSE YEENSTRA 8 K1MM, INC. July 1, 1984 Employee Classification Principal (P) Project Engineer I (PE 1) Project Engineer II (PE II) Project Representative I (PR I) Project Representative II (PR II) Office Technician II (OT II) Party Chief 11 (PC II) Survey Helper (SH) Draftsperson 11 (DP 11) Secretary (S) -Subject to multiplier of 2.2. YEENSTRA 8 KIMM, INC. Engineers 8 Planners 300 Nest Bank Building 1601 22nd Street West Des Moines, IA 50265 Hourly Direct Personnel Expense - $36.36 24.09 19.09 17.73 11.25 11.00 11.82 4.50-5.00 13.18 '1.00 11612 EXHIBIT B ESTIMATED QUANTITIES AND UNIT PRICES FOR TESTING Unit and lump sum prices include personnel, equipment, mileage, materials and incidentals. Unit Total Item Units Price Price Standard Proctor Tests 3 Ea. 60 S 180 Field Observation (Proofrolling) XXX LS 220 Mechanical Analysis (Subdrain Aggregates) 5 Ea. 25 125 Mechanical Analysis (Concrete Aggregates) 5 Ea. 25 125 Concrete Mix Design 2 Ea. 100 200 Concrete Test Cylinders (Sets of 4) 25 Ea. 7 700 Concrete Cores (Street Pavement 7") 2 Ea. 125 250 Shotcrete Mix Design 1 "ca. SO 50 Shotcrete Test Panels (12"x12"x3" Panels) 8 Ea. 12.50 100 (Saw 4 Cubes) Mortar Test Cylinders (Sets of 4) 6 Ea. 7 168 Mortar Joints (Swiss Hamner) XXX LS 280 (Check 32 Joints in 1 Day) Compaction Tests, Per Trip 6 45 270 Consultation XXX LS 400 Contingencies 332 Not to Exceed Figure T11—M Consultant will deliver Samples to testing lab. YEENSTRA 8 XIMM, INC. Engineers 8 Planners 300 Blest Bank Building 1601 22nd Street ;lest Des Moines, IA 50265 D*7 RESOLUTION NO. 84-192 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SHAMROCK/ARBOR CREEK CHANNEL IMPROVEMENIS IMPROVEMENTSPROFirT WHEREAS, Gee Grading -4 has submitted the best bid o above-named project. on 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 Gee Grading _& Excavation -Inc. '- subject to the condition that awardee secure adequate perfo rniance b 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 Ambrisc— and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT X Ambrisco R Baker R Dickson X Erdahl X McDonald R Strait R Zuber Passed and approved this 17th day of July 1984 MAYOR ATTEST: Received & Approved CITY CLERK' By The Legal De erfinent __ t Si- RESOLUTION NO. 84-193 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City, Iowa, has negotiated an _ agreement with the University of Iowa 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 -dgreement with the University of Iowa regarding the sharing of cons rnrtinn costs for the temporary footbridge, which is included in the Iowa Avenue Bridge Reconstruction_Project BRM -4072(1)--8N-52 NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL: 1. That the Miavor and City Clerk are hereby authorized and directed to execute the areement 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_ gtra�t—__— and seconded by Dickson that the resolution as read be aCopted, 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 of July Ig 84 MAYOR ATTEST: CITY GUM Received & Approvee By Thhlegal DepanTner:i �czz,z f AGREEMENT This Agreement is entered into this 17th day of he July , 1984, by and between the City of Iowa City, Iowa (City) and tUniversity of Iowa (University). WHEREAS, the City is undertaking the reconstruction of the Iowa Avenue Bridge which serves as a vital pedestrian link between the portions of the University campus lying on either side of the Iowa River; WHEREAS, the University and the City are concerned that persons be pro- vided a safe opportunity to cross the river and have determined that a tem- porary pedestrian footbridge is necessary; NOW THEREFORE, the parties agree as follows: 1. The City will contract for the construction of the footbridge as part of the overall reconstruction project for the Iowa Avenue Bridge. 2. The University agrees to share on an equal basis with the City the actual cost of construction of the footbridge, which has now been established to be $175,000.00, which was bid and has been accepted by the City. This in- cludes 52000.00 for liability insurance and an additional cost for snow and ice removal and maintenance on the footbridge during its life. 3. The City agrees that specifications in the project's bid documents will require the contractor to hold both the City and the University and the State Board of Regents harmless and that adequate liability insurance will be maintained during the life of the footbridge. 4. The University agrees that the City shall have access across its property for purposes of construction, maintenance and eventual removal of the footbridge. In addition, the City shall be granted permission to install the necessary sidewalks from the existing University sidewalks to the East approach of the footbridge, and to remove said sidewalks upon completion of the Iowa Avenue Bridge Project. 5. The University agrees that, upon completion of construction of said footbridge, it shall promptly pay to the City its share ($87,500.00) of the costs described above. The City shall bill the University for said amount. CITY OF IOWA CITY �"ayor Attest:��J City Clerk THE UNIVERSITY OF IOWA U rf�if 6U RayMeW B. Mossman Business Manager & Treasurer Racelved & Approved ay 1.:2 lagal D^parhi ant i 6 �O RESOLUTION N0. 84-194 RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT BRM-4072TT =8N WHEREAS, Iowa Bri has submitted thegest t above-named project. & Culvert, Inc. of Washington, Iowa )T 74.65 or on 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 IowaBridge & Culvert, Inc. of Washington, Iowa subject to the condition that awardee secure adequate performance bond, 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 ao-:ardee secure adequate performance bond, insurance certificates, and subject to Federal Highway Administration concurrence. It was moved by Strait and seconded by _Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: (JAYS: ABSENT: X— Ambrisco X --_ Baker X __ Dickson X_ Erdahl X McDonald X Strait R — _ Zuber Passed and approved this 17th day of July 1984 k�� MAYOR ATTEST: %jai u�„�� -xk/ Received & Appro-ed CITY CLERK By `he Legal. Department RESOLUTION NO. 84-195 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF _ THE CAPITOL STREET PARKING RAMP IMPROVEMENT PROJECT WHEREAS, McComas-Lacina Construction, Inc. has submitted the best bid of $88,641.00 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 McComas-Lacina Construction, Inc. , 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, 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 ATTEST: 24,,,,.E CITY CLERK MAYOR Ilbcelved A Approved Dy he Legal Depadnwtn that 1984 . \W Iowa City, Iowa, July 17, 1964. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Dickson Erdahl McDonald Strait Absent: -1- /,12 Matters were discussed relative to the request from Pharmaceutical Development Systems, Inc. and Southgate Development Company, Inc., an Iowa corporation, to amend prior proceedings adopted by the City Council regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project). Pursuant to the requested amendment, Southgate Development Company, Inc. would assume the interests of and be substituted for Pharmaceutical Development Systems, Inc. as the borrower and the owner of the proposed Project and the obligor on the Bonds. Following a discussion of the proposal, Council Member Amb -risco introduced the following Resolution in written form and moved its adoption. Council Member Dickson seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: NAYS: Erdahl None Ambrisco Baker Dickson McDonald Strait Zuber The Resolution was thereupon signed by the Mayor and in evidence of his approval was attested by the City Clerk and declared to be effective. The Resolution is as follows: -2- /_I<J RESOLUTION NO. 84-196 A RESOLUTION AUTHORIZING AMENDMENT OF THE NAME OF THE DEVELOPER AND OWNER OF THE PROJECT FROM PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC., TO SOUTHGATE DEVELOPMENT COMPANY, INC., AND DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE AND CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation duly organized and existing under and by virtue of the Constitution and laws 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 Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project", as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has previously been requested by Pharmaceutical Development Systems, Inc., an Iowa corporation duly organized and existing under the laws of the State of Iowa (hereinafter referred to as "Pharmaceutical"), to authorize and issue not to exceed $3,000,000 in aggregate principal amount of its Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) (the "Bonds") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (hereinafter referred to as the "Project"); and WHEREAS, the City Council, pursuant to Resolution 84-102 duly adopted on May 8, 1984, previously entered into a Memorandum of Agreement with Pharmaceutical providing for the issuance of said Bonds, scheduled a public hearing and provided for the publication of notice thereof; and WHEREAS, the City Clerk duly published such notice of the City's intention to issue its Bonds, as directed by the Council, and a public hearing was duly held on June 5, 1984, and there being no objections to the proposed issuance of said Bonds, the City Council, by Resolution 84-132 duly adopted on June 5, 1984, determined to proceed with the necessary steps relating to the issuance of the aforesaid Bonds; and WHEREAS, Pharmaceutical, the initial applicant to the City advises that Southgate Development Company, Inc., an Iowa corporation (the "Company") will be the developer and owner of the Project and will lease the Project to Pharmaceutical to be used for manufacturing purposes and requests that all proceedings, resolutions and documents, including the Memorandum of Agreement, relating to the Bonds be amended accordingly; and WHEREAS, City Council hereby reaffirms its approval of the Project, consents to the change of the name of the developer of the Project from Pharmaceutical Development Systems, Inc. to Southgate Development Company, Inc. and agrees to the calling and conducting of a public hearing on the proposed amendment, all as required and provided by Section 419.9 of the Act and by Section 103(k) of the Internal Revenue Code of 1954, as amended. 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 August 14, 1984, at 7:30 P.M., before this City Council in the Council Chambers at the Civic Center in the City of Iowa City, Iowa, on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) pursuant to the provisions of the Act, for the purpose of financing all or a portion of 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 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 Iowa City Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substantially the following form: -4- 4 NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVE14UE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa (the "City") in the Council Chambers at the Civic Center, Iowa City, Iowa at 7:30 P.M., on August 14, 1984, on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) (the "Bonds") pursuant to the provisions of Chapter 419 of the Code of Iowa and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of assisting Southgate Development Company, Inc. (the "Company"), an Iowa corporation, in financing all or a portion of the cost of acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (the "Project") which will be leased by the Company to Pharmaceutical Development Systems, Inc. ("Pharmaceutical") to be used for the purpose of manufacturing, storing and distributing pharmaceutical products. After a public hearing duly called and held pursuant to published notice on June 5, 1984, the City Council of Iowa City, Iowa determined to proceed with the necessary steps relating to the issuance of the Bonds for the benefit of Pharmaceutical. Pharmaceutical has now advised the City that it has made arrangements for the Company to be the developer and owner of the Project and to lease it to Pharmaceutical and requests that a new public hearing, as scheduled in this Notice, be held to consider the requested change in ownership from Pharmaceutical to the Company. It is contemplated that a Loan Agreement will be entered into between the City and the Company under which the City would loan to the Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds and, at said hearing or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the City Council. j>( Ma 'an K. Karr, Clerk of the City of Iowa City, Iowa -5- 61') Section 3. That in order to assure the acquisition, con- struction, improving and equipping of the proposed Project, with the resulting public benefits which will flow from the construction and operation thereof, it is deemed necessary and advisable that the Amendment to Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Amendment to Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and Amendment to said Memorandum of Agreement is hereby made a part of this Resolution. Section 4. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section S. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement, as amended. Section 6. 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 and approved July 17, 1984. (SEAL) Attest: Ma an K. Karr, City Clerk City of Iowa City, Iowa to -6- iQ 9 CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said City at a meeting open to the public on July 17, 1984, regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the City of Iowa City, Iowa, directing publication of notice of intention to issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of an Amendment to Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Code of Iowa, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 17th day of July, 1984. 22 7P (SEAL) Marian K. Karr, City Clerk State of Iowa ) SS: County of Johnson ) Subscribed and sworn.to before me this day, the date last above written. Notary Pbbli'c in and or the (SEAL) State of Iowa (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. July 17, 1984 7:30 P.M. Nader (3:d014% no 8.00 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: A Resolution Authorizing Amendment Of The Name Of The Developer And Owner Of The Project From Pharmaceutical Development Systems, Inc., To Southgate Development Company, Inc., And Directing Publication Of Notice Of Intention To Issue And Calling A Public Hearing On The Proposal To Issue Not To Exceed $3,000,000 In Aggregate Principal Amount Of Industrial Development Revenue Bonds (Southgate Development Company, Inc Project) Of The City Of Iowa City, Iowa, And Authorizing Execution Of An Amendment To Memorandum Of Agreement. 2. Such additional matters as are set forth on the additional 16 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. -8- (O4?L6 Ma an R. Karr, Clerk of the City of Iowa City, Iowa -8- (O4?L6 EXHIBIT "A" AMENDMENT TO MEMORANDUM OF AGREEMENT THIS AMENDMENT TO MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Southgate Development Company, Inc., an Iowa corporation duly organized and existing under the laws of the State of Iowa, party of the second part (hereinafter referred to as "Company"). The Memorandum of Agreement entered into between the City and Pharmaceutical Development Systems, Inc.("Pharmaceutical"), pursuant to Resolution 84-102 duly adopted on May 8, 1984, is hereby amended and supplemented as follows: 1. The Company assumes the interest of and is substituted for Pharmaceutical as the borrower and the owner of the proposed Project and the obligor on the Bonds. 2. All prior proceedings, resolutions and documents relating to the Bonds are hereby amended by substituting, as appropriate, Southgate Development Company, Inc. for Pharmaceutical Development Systems, Inc. 3. Unless otherwise specifically amended hereby, all provisions and terms contained in all prior proceedings, resolutions and documents relating to the Bonds are reaffirmed and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment to Memorandum of Agreement by their representatives thereunto duly authorized as of the 17th day of July, 1984. City of Iowa City, Iowa (Seal of City) Q �f� BYLZ A40� John McDonald, Mayor Attest: Marian K. Karr, City Clerk outligajee Devetapbent Company, Inc. , PFIesidge l: CONSENT The undersigned hereby consents to the foregoing Amendment to Memorandum of Agreement and acknowledges that Southgate Development Company, Inc. shall assume the interests of and be substituted for Pharmaceutical Development Systems, Inc., as the borrower and the owner of the proposed Project and the obligor on the Bonds. Pharmaceuti 1 Development Systems, Inc. By Charles E. Newhouse Exec. Vice President (Name) (Title) baa RESOLUTION NO. 84-197 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND A-1 CAB, INC. 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 process, City staff recommends the award of a contract to A-1 Cab, Inc. of Iowa City for the FY85 SEATS supple- mental taxi service, and WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of this --State maybe exercised jointly with any other public agency of this State having such power, and WHEREAS, Iowa City, Johnson County, and A-1 Cab, Inc. 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 the FY85 contract for supplemental taxi service to the Johnson County SEATS program is hereby awarded to A-1 Cab, Inc. 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 A-1 Cab, Inc. 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 Johns3n County Recorder. 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 17th day of July ,11984. .cJ 0&1s a YOR ATTEST: /J 2%7ua2 -h'/ . CITYa CLERK Received & Approvooi By The Legal Department cg '/17/Py A73 28E AGREEMENT FOR FY85 SUPPLEMENTAL TAXI SERVICE This 28E Agreement is made and entered into on the 17th day of July 1984, by and between the City of Iowa City, a municip_a1—corporation' ereinafter' referred to as "City," Johnson County, and A-1 Cab, Inc. I. SCOPE OF SERVICES A-1 Cab, Inc. 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 A-1 Cab, Inc. under this agreement shall be administered by Johnson County SEATS. Elderly and handi- capped 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 the A-1 Cab, Inc. 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 A-1 Cab, Inc.: 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. A-1 Cab, Inc 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 service. &�;k4 III. COMPENSATION 1. Each eligible participant shall pay A-1 Cab, Inc, 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 A-1 Cab, Inc.; 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 A-1 Cab, Inc. 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. On a monthly basis A-1 Cab, Inc. shall request reimbursement 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 A-1 Cab, Inc. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. 3. Funding of $6500 shall be allocated by the City of Iowa City for this project, this amount being the City's total contribution for supple- mentary service in fiscal year 1985. None of these funds shall be allocated for advertising or public relations. Any unused funds at the end of fiscal year 1985 will remain in the Iowa City Transit budget. It shall be the responsibility of A-1 Cab, Inc. to monitor payments received during FY85 and to notify the Iowa City Transit Manager if it appears said allocated funds may be totally expended prior to June 30, 1985. IV. INDEMNIFICATION A-1 Cab, Inc. 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 A-1 Cab, Inc. shall not assign, sublet, or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION A-1 Cab, Inc. 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. To discriminate against any individual in terms, privileges of employment because of their race, creed, origin, religion, age, sex, marital status, sexual disability. conditions, or color, national orientation, or 43.25" VII. AFFIRMATIVE ACTION 1. A-1 Cab, Inc. agrees to complete an equal opportunity policy state- ment, as provided by the City of Iowa City. A-1 Cab, Inc. 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. VIII. DURATION This agreement shall be in effect from July 1, 1984, 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 A-1 Cab, Inc. 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 A-1 Cab, Inc. for subsidized taxi service as herein provided. It may be amended only by a written instrument signed by all parties. LQ1901.111 d10LYIN By: President ATTEST: JOHNSON COUNTY, IOWA By: Chairperson Board of Supervisors ATTEST: County Auditor CITY OF IOWA CITY, IOWA: By :�� "McDonald, Mayor AT EST: Marlan K. Karr, City C el�rc Received & Approvei Byyji,p Legal Departm f V j7/f 'I 4 24 VII. AFFIRMATIVE ACTION 1. A-1 Cab, Inc. agrees to complete an equal opportunity policy state- ment, as provided by the City of Iowa City. A-1 Cab, Inc. 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. III. DURATION This agreement shall be in effect from July 1, 1984, 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 A-1 Cab, Inc. 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 A-1 Cab, Inc. for subsidized taxi service as herein provided. It may be amended only by a written instrument signed by all parties. A-1 CAB COMPANY: By: V.,�C r sident ATTEST: JOHNSON COUNTY, IOWA By: Chairperson" Board of Supervisors ATTEST: CITY OF IOWA CITY, IOWA: By: hn McDona d, Mayor AT EST: Ma 'an K. Karr, City Clerk Recelved & ApptveR By T Legal Department /r i7 V T RESOLUTION NO. 84-198 RESOLUTION AMENDING POSITIONS IN THE AFSCME CLASSIFICATION PLAN WHEREAS, Resolution No. 84-158 adopted by the City Council on June 19, 1984, 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 IOWA CITY, IOWA, that the AFSCME classification plan be amended: 1. By moving the position of Accountant from Grade 12 to Grade 11, and 2. By moving the position of Senior Accountant from Grade 14 to Grade 13, and 3. By addition of the position of Maintenance Worker II - Forestry to Grade 5. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco X Baker X Dickson x Erdahl _ x McDonald _ x Strait x Zuber Passed and approved this 17th day of ,T„ly 1984. YOR ATTEST: CITY CLERK AppmVed "Aw 1 -I D&"0Trranf RESOLUTION NO. 84-199 RESOLUTION RECLASSIFYING A FULL-TIME POSITION IN THE EQUIPMENT DIVISION WHEREAS, Resolution No. 84-47 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 OF IOWA CITY, IOWA, that: 1. The authorization of personnel in the Equipment Division be amended by reclassification of the position of Maintenance Worker III Grade 5 to Mechanic I Grade 7. 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 tel— Zuber Passed and approved this 17th day, of July , 1984. ATTEST: NmNed s Approved �q 7Re legal Deparknen} RESOLUTION NO. 84-200 RESOLUTION APPROVING APPLICATION FOR PUBLIC HOUSING AND PUBLIC HOUSING AGENCY REQUEST FOR FRONT-END ANNUAL CONTRIBUTIONS CONTRACT (ACC) WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low -rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans (through the use of a front- end ACC) for surveys and planning in respect to any low -rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan (through the use of a front-end ACC); and WHEREAS, the Iowa City Housing Authority (herein called the "PHA") is a public housing agency and is applying to the Government for a front-end ACC to cover the costs of surveys and planning in connection with the development of low -rent hosing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA as follows: 1. That there exists in the City of Iowa City a need for such low -rent housing which is not being met by private enterprise; 2. That the application of the PHA to the Government for a front-end ACC in an amount not to exceed 1% of the total development cost for surveys and planning in connection with low -rent housing projects of not to exceed approximately ten (10) dwelling units is hereby ap- proved. 3. This Resolution also gives majority approval by the City Council of the City of Iowa City, Iowa, of the project within its jurisdiction based upon the study or report and recommendations as required by Section 403A.5 of the Iowa Code. Page 2 It was moved by Zuber 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 and approved this ATTEST: of July , 1984. *Wlved b Approved fly The Legal Deparhneni 12 W U.S. D TMENT OF HOUSING AND URBAN DEVELOP PUBLIC HOUSING PROGRAM PHA RESOLUTION IN SUPPORT OF PUBLIC HOUSING PROJECT RESOLUTION NO. 84-201 Whereas, the United States Housing Act of 1937 provides that there shall be local determination of the need for public housing to meet needs not being adequately met by private enterprise; and Whereas, under the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Develop- ment (HUD) is authorized to provide financial assistance to public housing agencies for such housing; NOW THEREFORE, BE IT RESOLVED BY THE tv Council of Iowa Citv. Iowa (Iowa J OF THE J (PHA) AS FOLLOWS: 1. Determination of Need. The PHA hereby determines that within its area of operation there is a need for low-income housing to meet needs not being adequately met by private enterprise. 2. Application and/or Proposal for Housing Assistance. The Mayor of the Ci ty of IowaCi tJ of the PHA is hereby auto o ed to have prepared one or more applications and/or proposals for public housing assistance for development of up to ten (1 U) J dwelling units [and for a Preliminary Loan of up to S ] j/; to sign said applications and/or proposals on behalf of the PHA and to submit them to HUD, said dwelling units to be provided as follows: by new construction up to J dwelling units; by rehabilitation up to J dwelling units, and by acquisition up to ten (10) A/ dwelling units. 3. Annual Contributions Contract (ACC). When an ACC is forwarded by HUD to the PHA for execution by the PHA, the Chairman or Vice Chairman is hereby authorized to execute such ACC on behalf of the PHA; and the Secretary is hereby author- ized to impress and attest the official PHA seal on each ACC counterpart and submit to HUD executed counterparts and related documents as required by HUD. ' 4. General Depositary Agreement. The Chairman or Vice Chairman is hereby authorized to execute on behalf of the PHA a General Depositary Agreement(s) and/or Savings Depositary Agreement(s) each in the form approved by HUD; and the Secre- tary is hereby authorized to impress and attest the official PHA seal on each counterpart and submit to HUD executed counter- parts and related documents as required by HUD. 5. Funding for Project Development Cost. (a) In order to fund the Development Cost of Housing projects pursuant to this Resolution or any other Resolution as may be required by HUD, the PHA hereby authorizes the issuance of obligations in its name at such times, in such amounts, and on such terms and conditions as HUD may direct or approve in accordance with the ACC. (b) The Chairman or Vice Chairman is hereby authorized to prepare and execute such PHA obligations; and the Secretary is hereby authorized to impress and attest the official PHA seal, deliver the obligations to HUD or such other lenders as HUD may direct, and accept payment therefor or cause payment to be made as directed or ap- proved by HUD in accordance with the ACC. (c) Each such PHA obligation shall be secured in such manner as may be provided and/or required by HUD in accor- dance with the ACC. All proceeds from such PHA obligations shall be deposited and used only as r�groved by HUD in accordance with the ACC. 6. HUD Regulationsin connection with the development and operation of any program or activity receiving Federal financial assistance under the United States Housing Act of 1937, the PHA will comply with all requirements under the appli- cable regulations of the Department of Housing and Urban Development, 24 CFR 841 or 24 CFR 805, as appropriate, and all HUD regulations relating to the operation of public housing projects. 7. Meaning of Terms. All terms used in this Resolution which are defined in the ACC shall have the meanings given to them in the ACC. 8. Effective Date. This Resolution shall take effect immediately. Supersedes HUD -918, HUD -9201 and Previous Edition, Which ere Obsolete AUD-52471 (3-81) / �I RECORDING OFFICER'S CERTIFICATION 1, Marian K. Karr I/, the duly appointed, qualified and acting City Clerk / of the Ci ty of Towa Cily Z/; as evidenced by the General Certificate dated July 17,198 do certify that as evidenced by the official minutes: 1. A regular/sPaXII meeting was held on July 17, 1984 1/, 2. Of the full City Council g/ member Board, a quorum was present comprising the following members: Ambrisco Dickson Erdahl McDonald, Strait, Zuber t/ 3. The above Resolution; No. 84-201 , was read in full and considered, and was dulyy adopted the affirmative votes of the following members constituting a majority: Zuber, Ambrisco, DicKson, Erdby ahl, McDonald, Strait. 5 In Testimony Whereof, I have hereunto set my hand and the seal of the City of Iowa City ./ this 17th day of July 19-8—' (SEAL) ltocdved & Approvad By The Legal Deparhnertil Z HUD -52471 (3-81) 4?2 :) It was moved by Zube and seconded by Erdahl the Resolution be a opt' , Ed upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait T Zuber Passed and approved this 17th day of July , 1984. YOR a (n -; —� r� 84-202 RESOLUTION OF COOPERATION WHEREAS, the City of Iowa City, Iowa (hereinafter called the "Municipal- ity"), acting by and through the Low Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the "Commission"), has requested from the United States of America, Housing and Urban Development (hereinafter called "HUD"), a Program Reservation for (10) units of low rent housing to be developed and located within the corporate limits of the Municipality and may hereafter apply for additional Program Reservations; and WHEREAS, the Municipality, acting by and through the Commission, shall endeavor to secure one or more contracts with HUD for loans and annual contributions in connection with the development and administration of such low rent housing projects, all pursuant to the United States Housing Act of 1937, as amended (hereinafter called the "Act"); and WHEREAS, all such low rent housing projects are for a public purpose and exempt from all real and personal property taxes under the Statutes of the State of Iowa; and WHEREAS, the Municipality is desirous of undertakings and of complying with the 10(h), and 15(7)(b) of the Act, as well a thereof; NOW, THEREFORE, BE IT RESOLVED, that: assisting and cooperating in such provisions of Sections 10(a), s all other applicable provisions Section 1. Whenever used in this resolution, the following terms shall have the following meaning: (a) The term "Complex" shall mean any low rent housing hereafter devel- oped as one operation by the Commission with financial assistance of HUD and included within any Program Reservations issued to the Municipality, acting by and through the Commission, by HUD which in the aggregate may not exceed ten (10) units of low rent housing. A Complex will generally be located on a single site but may be on scattered sites. (b) The term "Taxing Body" shall mean the State or any political subdivi- sion or taxing unit thereof (including the Municipality) in which a Complex is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Complex if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Complex for dwelling rents and non -dwelling rents (excluding all other income of such Complex), less the cost of all dwelling and non -dwelling utilities. (d) The term "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combina- tion of these factors, are detrimental to safety, health or morals. L,Ay K Section 2. The Municipality agrees that with respect to any Complex, so long as either (a) such Complex is used for low rent housing purposes, or (b) any contracts between the Municipality, acting by and through the Commission, and HUD for loans or annual contributions, or both, in connection with such Complex shall remain in force and effect, or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality will not levy or impose any real or personal property taxes upon such Complex or upon the Commis- sion with respect thereto. During such period, the Commission shall make annual payments to the Municipality (hereinafter called "Payments in Lieu of Taxes") in lieu of such taxes and in payment for public services and facilities furnished for or with respect to such Complex. Each Annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Complex and shall be in an amount equal to either (a) ten per cent (10%) of the aggregate Shelter Rent charged by the Commission in respect to such Complex during such fiscal year or (b) the amount permitted to be paid by applicable state law in effect on the effective date of this resolution, whichever amount is the lower; provided, however, that upon failure of the Commission to make any such Payment in Lieu of Taxes, no lien against any Complex or assets of the Commission shall attach. The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in accordance with applicable state law; provided, however, that no payment for any year shall be made to any Taxing Body (including the Municipality) in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Complex were not exempt from taxation. Section 3. During the period commencing with the date of the acquisition of any part of the site or sites of any Complex and continuing so long as either (a) such Complex is used for low rent housing purposes, or (b) any contract between the Municipality, acting by and through the Commission, and HUD for loans or annual contributions, or both, with respect to such Complex shall remain in force and effect, or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality, without cost or charge to the Commission or the tenants of such Complex (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Commission and the tenants of such Complex public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Complex as may be necessary in the development thereof, and without charge, transfer to the Commission jurisdiction of any interest the Municipality may have in such vacated area; and insofar as it is lawfully able to do so without cost or expense to the Commission and/or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; 3 (c) Insofar as the Municipality may lawfully do so, grant such waivers of the building code of the Municipality as its Council deems appropri- ate under the circumstances and are reasonable and necessary to promote economy and efficiency in the development and administration of such Complex; and make such changes in any zoning of the site and surrounding territory of such Complex as its Council deems appropri- ate under the circumstances and are reasonable and necessary for the development and protection thereof; (d) Accept grants of easements necessary for the development of such Complex; and (e) Cooperate with the Commission by such other lawful action or ways as the Municipality and Commission may find necessary in connection with the development and administration of such Complex. Section 4. In respect to any Complex, the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Commission: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Complex after the Commission, out of Complex development funds, has completed the grading, improvement, and paving thereof in accordance with specifi- cations acceptable to the Municipality; and (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Complex or necessary to provide adequate access thereto (in consid- eration whereof the Commission shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site for work if it were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Complex and serving the bounding streets thereof (in consideration whereof the Commission shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site if it were privately owned). Section 5. If the Municipality shall, within a reasonable time after written notice from the Commission, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Commission or to any Complex, then the Commission upon obtaining such services or facilities elsewhere shall deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Complex or any other low rent housing Projects assisted or owned by HUD. Section 6. The Municipality agrees that so long as any contract between the Municipality, acting by and through the Commission, and HUD for loans (including preliminary loans) or annual contributions, or both, with respect to any Complex shall remain in force and effect, or so long as any bonds issued in connection with such Complex shall remain outstanding, this resolution shall be regarded as a contract and shall not be abro- gated, changed, or modified without the consent of HUD. The privileges / Z61 4 and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Complex so long as the beneficial title to such Complex is held by the Municipality or some other public body or governmental agency, including HUD, authorized by law to engage in the development or administration of low rent housing Projects. If at any time the beneficial title to, or possession of, any Complex is held by such other public body or governmental agency, including HUD, the provi- sions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including HUD. Section 7. No Cooperation Resolution heretofore entered into between the Municipality and the Commission shall be construed to apply to any Complex covered by this Resolution. Section 8. In the event any provision hereof is held invalid, the remainder shall not be affected thereby, it being the intent of this resolution to cooperate in the development and administration of the Complex or Complexes to the fullest extent permitted by law. It was moved by Zuber and seconded by Erdahl 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 17th day ATTEST: 72I,2p.;,,J At A J CITr CLERK July , Recelved & Approved By The Legal D adni ord VIV,� bq- �'V RESOLUTION NO. 84-203 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 Erdahl 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 July , 1984. OR ATTEST: hjad,�,) "L 7k1'e-4,J CIT CLERK i 1txolved $ Approved `' �y ltn G.,al GVpsrh�xrt q i 4� LEASE OF SPACE AOR CENTER THIS AGREEMENT, made and entered into thisday of by and between the City of Iowa City, Iowa, - municipal corpora— tion, hereinafter referred to as the City, and hereinafter referred to as Agency, whose address for the purpose of t if 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 Commission 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 between the hours of and on (days). 2. The term of this agreement shall be from to 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 orientation, 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 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 in the performance of the conditions set forth in this agreement. 9. This agreement shall be filed with the City Clerk of the City. FOR THE CITY OF IOWA CITY, IOWA FOR Name ATTEST: ATTEST: City Clerk d Title � �9 RESOLUTION NO. 84-204 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract amendment for the Johnson County SEATS Program, 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 exer- cisable 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 Ambrisco the Resolu- tion 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 17th day ATTEST: Z CITY CLERK July , 1984. Received & Approved $y The Legal De arhmni 2 hyo CITY OF IOWA CITY/SEATS AGREEMENT This agreement, made and entered into this 17th day of July , 1984, 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 to commence July 1, 1984, and continue until June 30, 1985. FILED Johnson Co., Iowa JUL 0 61984 COUNTY AUDITOR IA141 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. (y2 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. 03 Page 4 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. 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. 6yy Page 5 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. 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. &4115 Page 6 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. 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. (06 Page 7 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, 1984, and shall terminate June 30, 1985. 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. 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. (77 Page 8 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. FOR THE CITY: QQ �!/� HN MCDONALD, MAYOR ATTEST: MARIAN KARR, CITY CLERK FOR THE COUNTY: AROLD DONN Y, CHAIRMAN BOARD OF SUPERVISORS JOHNSON COUNTY, IOWA ATTE T: U Y AUDITOR By: David L. Elias Deputy 6119 RESOLUTION NO. 84-205 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM FOR THE PROVISION OF SPACE, FURNISHINGS, EQUIPMENT, UTILITIES AND SERVICE AT THE IOWA CITY SENIOR CITIZENS CENTER FOR THE IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Iowa City/Johnson County Nutrition Program, a copy of said contract being attached to the Resolution and by this reference made a part hereof; and WHEREAS, it is in the mutual interest of the City of Iowa.City and Johnson County to provide nutritional meals to elderly citizens in the Iowa City/Johnson County, Iowa, area; and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services and the Iowa City Senior Citizens Center through the above-named agency; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor is authorized to execute and the City Clerk to attest the 28E agreement between the City of Iowa City and the Iowa City/Johnson County Nutrition Program for the provision of space, furnishings, equipment, utilities and service at the Iowa City Senior Citizens Center for the Iowa City/Johnson County Nutrition Program. 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 Amb -risco the Resolu- tion 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 17th day of July 1984. YOR ATTEST: RecrivaJ u Approved $y The Legal Deparh-.*nt �- y9 Id Is IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 17thday of July 1984, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and the Iowa City/Johnson County Nutrition Program, hereinafter referred to as County. WHEREAS, the County has entered into an agreement with Heritage Area AGency on Aging to provide the elderly citizens of the Iowa City/Johnson County area with nutritional meals as part of the Title III - the Federal and State nutrition program, which is known as the Iowa City/Johnson County Nutrition Program; and WHEREAS, it is in the mutual interest of the City and County to continue providing nutritional meals to elderly citizens in the Iowa City/Johnson County, Iowa, area; 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 THE COUNTY AS FOLLOWS: FILED Johnson Co., Iowa JUL 0 61989 -7Z6 s-�ml� COUNTY AUDITOR Page 2 I. SCOPE OF SERVICES The City agrees to provide space, utilities, furniture and equipment in the Senior Center to the County for the purpose of carrying out the Iowa City/Johnson County Nutrition Program, which program in turn is being carried out pursuant to an agreement between the Heritage Area Agency on Aging and the County effective October 1, 1980, and filed with the County Auditor. II. GENERAL TERMS A. The City agrees to provide 3692 square feet of space on the first floor of the Senior Center to the County which includes: staff bathroom, kitchen., assembly room and office, and loading dock for the provision of a nutrition program. The City agrees to provide such space to the County commencing,on July 1, 1984. 1. The kitchen will be available to the County for their use from 7:00 a.m. to 2:00 p.m. seven days a week. The County may schedule the kitchen for additional time by complying with the Senior Center scheduling procedures. 2. The assembly/dining room will be available to the County for their use from 11:00 a.m. to 1:30 p.m. seven days a week. The County may schedule the assembly/dining room for addi- tional time by complying with the Senior Center scheduling procedures. 5( Page 3 3. The nutrition director's office will be available to the County for their use on a full-time basis seven days a week. B. The City agrees to provide utilities for this space including gas, electricity and water. C. The City agrees to provide janitorial services when the assembly room is used for programs other than the Iowa City/Johnson County Nutrition Program and to return the room to the standard set up for congregate meals as determined by the County. D. Appendix A lists the furniture and equipment available for use by the Congregate Meals program in its initial operation. Should this agreement terminate for any reason, the furniture and equipment then in use in the program will be divided between the City and the County pro -rata according to their respective expenditures for acquisition of such furniture and equipment; provided, however, that no fixture shall be removed from the Senior Center. E. The City agrees to make available the services of a copying machine and the City print shop at a nominal per copy cost. F. The City agrees to install a central telephone system which the County shall use. G. The City agrees to furnish refuse pickup on a regular basis. Page 4 H. The City agrees to treat in a confidential manner all participant information that is jointly gathered. I. The County agrees to provide service and activities which are consistent with the purpose and goals of the Senior Center, such services to incl'ude, but not be limited to: 1. Congregate Meals: To provide a balanced nutrition meal at least once per day, seven days per week. 2. Home -delivered Meals: To provide a balanced nutritional meal at least once per day, 5 days per week to the homebound. J. The County agrees that County employees shall clean the kitchen and assembly room when used for Congregate Meals such as to leave the area in a clean and sanitary condition. K. The County agrees to bag, deposit and/or remove promptly all garbage and/or refuse generated by Congregate Meals and coordi- nate such programs with the Director of the Congregate Meals program. M. The Director of the Congregate Meals Program will be responsible for the management and supervision of the kitchen. i6_3 Page 5 N. The County agrees when such supervision is required it will provide an employee to supervise any use of the kitchen by any one other than Congregate Meals staff at a charge to the user group commensurate with the type of service or supervision needed. 0. The County agrees to pay for the installation of their telephone line(s) and to pay the monthly charge for the line(s). P. The County agrees to submit an annual report on the Nutrition Program. Q. The County agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Iowa City. R. The County agrees to cooperate in data collection. A monthly report will be filed with Senior Center staff to include: 1. Monthly totals of service units provided. 2. When requested to submit monthly totals of elderly receiving service (duplicated and unduplicated counts). S. The County agrees to file with Senior Center staff a 30 day written notice when program changes are planned. 66-111 Page 6 T. The County agrees to accept the responsibility of opening, closing and supervising the building when a Congregate Meal activity occurs at a time the Center is not open to the general public. U. The County agrees that it is not acting as an agent of the City in the performance of the conditions set forth in this agreement.. V. The County agrees that it will apply for and actively seek from all Federal and State sources the funding for the maintenance and/or replacement of kitchen equipment. however, the cost of such maintenance and/or replacement may be included in the annual operating budget for the Senior Center. W. The County will reimburse the City for the repair or replacement of any furniture, fixture, appliance or other object when it is determined that such repair or replacement is necessitated by the lack of care or negligence of the County. X. On or before November 1 of each calendar year it shall be the responsibility of the Nutrition Program to prepare a report which clearly describes the condition of all equipment and facilities in the kitchen and assembly room used by the Program for the purpose of determining budgetary need for the following fiscal year and complying with applicable Federal and State require- ments. GS.S Page 7 IV. INDEMNIFICATION The County agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liability, loss, damages, expenses, or costs resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the County in the performance of the conditions set forth in this agreement. The County further agrees to defend the City against any and all suits filed alleging personal injury, sickness, or disease arising out of the consumption, preparation or distribution of the food served at the congregate meals. V. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be rebate to any other agency or organization. VI. 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, religion, age, sex, marital status, sexual orientation, or disability. 6% Page B , 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. 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. VII. INSURANCE A. The County shall maintain in full force and effect 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 immediate termination of the agree- ment and of all rights contained herein. 657 Page 9 VIII. PRIOR AGREEMENT. The parties hereto agree that this agreement supercedes the prior agreement executed by the parties hereto on November 24, 1981, and that upon the execution of this agreement said prior agreement is terminated. IX. TERMINATION The terms of this agreement shall commence on July 1, 1984, for a period of one year and shall be renewed automatically for succeeding terms of one year unless the "Agreement for Senior Center Operation" entered into by the City and the County is terminated, in which case this agreement shall terminate at the same time that said opera- tional agreement is terminated. 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 Iowa City/Johnson County Nutrition Program as described in the application for space in the Senior Center. X. The County shall ensure that the program complies with all applicable Federal, State and local laws, rules and regulations. XI. 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. asg Page 10 XII. 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 this instrument; and that this agreement constitutes the entire contract. FOR THE CITY: Lk al N MCDONALD, MAYOR ATTEST: MARIAN KARR, CITY CLERK State of Iowa FOR THE COUNTY: HAROLD DONNELLY, CHAI BOARD OF SUPERVISORS JOHNSON COUNTY, IOWA ATTE JO NSON UDITOR BY: Dave Elias, Deputy ) SS: Johnson County ) 71, On this ` day of 19� before me, the under- signed, a Notary Pub=' in an for said County, in said State, personally appeared -Harold M._, and Dave Elias, to me personally known, who being by me duly sworn, did say that they are the Chairman of the Board of Supervisors and Deputy Auditor for said County, respectively, of said muniicpal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its Board of Supervisors; and that the said Harold M; Doiplly�-, and Dave Elias 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. x,�/ y� //,,( �{,� "_T", AROL 10 PE7El� Notary Put cin and for Johnson County, Iowa r cygtMioN EXPIRES (S9 RESOLUTION NO. 84-206 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA GERONTOLOGY PROJECT ADULT DAY PROGRAM FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CENTER. WHEREAS, the City of Iowa City is operating a Senior Center for the benefit of elderly residents of Johnson County; and WHEREAS, the Iowa Gerontology Project Adult Day Program of Johnson County, Iowa, is a University sponsored community service whose goals include: the maintenance and development of its clients' independence, and the reduction of its clients' inactivity; and WHEREAS, it is in the mutual interest of the City of Iowa City and the Iowa Gerontology Project Adult Day Program to meet such goals at the Senior Center; and WHEREAS, the City of Iowa City and the Iowa Gerontology Project Adult Day Program have negotiated at 28E agreement for the lease of space at the Iowa City Senior Center. THEREFukE, BE IT kESOLVED BY THE CITY COUNCIL OF IOWA CITY, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the attached 28E agreement between the City of Iowa City and Iowa Gerontology Project Adult Day Program for the lease of space at the Iowa City Senior Center. 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 Ambrisco the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER _ DICKSON -Ii- ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of July , 1984. LZ ;&t5&�2 YOR ATTEST: CIT `CLERK Received & Approved TXn 460 CITY OF IOWA CITY/IOWA GERONTOLOGY PROJECT ADULT DAY PROGRAM AGREEMENT This Agreement, made and entered into this 17th day of july , 1984, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, and the Iowa Gerontoloy Project Adult Day Program of Johnson County, Iowa, hereinafter referred to as ADP, whereas, ADP is a University sponsored community service whose goals are: to maintain and develop the clients' independence; to improve the clients' mental and physical functioning; to reduce the clients' inactivity; and to reduce the clients'isolation; and whereas, it is in the mutual interest of the City and ADP to attempt to met such goals at the Senior Center;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; Now, therefore, be it agreed by and between the City and ADP 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 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 ADP for the provision of a day program for the elderly. This space will be available for use by ,66� Page 2 the program on July 1, 1984 and continue until June 30, 1985, 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. 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. ADP 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 counsel- ing, social group activities, exercise and movement therapy. G. ADP agrees to submit an annual report on services performed by the agency. H. ADP agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Iowa City. &6-? Page 3 I. ADP 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. 2. Monthly total of elderly receiving service or participation in scheduled activities (duplicated and unduplicated). J. ADP agrees to submit a 30 day written notice when program changes are planned. K. ADP agrees that it shall be responsible for the supervision of ADP clients while they are participants in the Adult Day Program at the Senior Center. L. ADP agrees to furnish all furniture and equipment needed for staff and participants' use of this space. M. ADP agrees to pay for the installation and monthly cost of a phone if it requests one. III.Responsibility A. ADP assumes responsibility and agrees to pay for any and all claims for personal injury or property damage incurred by reason of the negligence of ADP, the University, or its employees arising from the activities conducted under this agreement to the full 663 Page 4 extent permitted by Chapter 25A, Code of Iowa, 1981, which is the exclusive remedy for the processing of tort claims against the State of Iowa. B. ADP assumes financial responsibility for the maintenance of the present program including staff, supplies, transportation, phone and food. C. ADP assumes financial responsibility for the continuance of this program. IV. Discrimination ADP 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 University of Iowa to operate the ADP program. 66 y Page 5 VI. Termination This agreement shall become effective July 1, 1984 and shall terminate June 30, 1985. However, this agreement may otherwise be terminated upon 30 days written notice by either party. VII. 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. 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. THE CITY OF IOWA CITY, IOWA: ATTEST: //lgr -gj,0 fit' fin% MARIAN KARR, CITY CLERK todved & APPt "d tif at Deparhnent FOR ADP OF JOHNSON COUNTY, IOWA TH DIVERSITY OF IOWA RAY B: AKMMAN BUSINESS MANAGER & TITLE TRPARURER ATTEST: �l�P�ItD�n RESOLUTION NO. $1-207 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 Erdahl - 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 17thday of July 1984.��Q� OR ATTEST: CI CLERK Received & Approved By The Legal Dopartment 0 ( y er 9GG CITY OF IOWA CITY/ELDERLY SERVICES AGENCY LEASE AGREEMENT THIS AGREEMENT, made and entered into this c� ! day of 1984, 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 as set forth below. 62/ni 2 II. GENERAL TERNS 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 to commence on July 1, 1984, and to continue until June 30, 1985. 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: four desks, one desk return, three desk chairs, one secretarial chair, two files, four 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. 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). 4kg 3 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, and chore service. 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. 2. Monthly total unduplicated). of elderly receiving service (duplicated and 44? 4 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: 1. 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. 4-76 5 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: to cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. 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. Z '%/ C ESA further agrees that each agent, employee and volunteer acting for or on behalf of the ESA will carry personal auto liability coverage with a minimum amount. Copies of 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, 1984, and shall terminate June 30, 1985. 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 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: JrMcDonald, Mayor ATTEST: �A� �: - Martian K. Karr, City Clerk IDaeelved & Appraved >ay zt+e twat FOR ESA OF JOHNSON COUNTY: Title ATTEST: Name Title L 2A RESOLUTION NO. g_4-208 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 Erdahl and seconded by Ambrisco lution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X A14BRISCO X BAKER _ X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of July , 1984. AYOR ATTEST: CITT CLERK the Reso- ,teeohln—J $ Angroved J »a Lc Val Department a 4Y G%U 0 CITY OF IOWA CITY/AMERICAN ASSOCIATION OF RETIRED PERSONS AGREEMENT THIS AGREEMENT, made and entered into this 2 i day of lwn__ 1984, by and between the City of Iowa City, Iowa, a municipal corpora -tion, 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 as set forth below. G.7t 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, to commence on July 1, 1984, and to continue until June 30, 1985. 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 staff is present in the office. G%G 3 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. 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. 4 0. AARP agrees to cooperate in data collection. A monthly report will be filed with the staff to include: 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. —59 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: to cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. 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. 4-77 4*1 3 VII. TERMINATION This agreement shall become effective July 1, 1984, and shall terminate June 30, 1985. 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. FOR THE CITY OF IOWA CITY, IOWA: 1z' n McDonald, Mayor ATTEST: Mar an K. Karr, City Clerk Received & Approved By The legal DepaihneM FOR AARP OF JOHNSON COUNTY: &�i -,� Name p �o� Clll�'1 d' Title ATTEST: �n Name Tit e rka RESOLUTION NO. 84-209 RESOLUTION APPROVING SIGNAGE AND LANDSCAPING PLANS FOR URBAN RENEWAL PARCEL 64-1b (HOTEL) WHEREAS, the City Council of the City of Iowa City, Iowa, by Resolution 83-394 approved preliminary 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, said plans have been reviewed by the Design Review Committee and which recommends approval of the plans contained in the attachments to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the signage, landscaping, and walkway plans for Urban Renewal Parcel 64-1b submitted by 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); Attachment B (landscaping plans); and Attachment C (walkway plans). 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 �— Zuber Passed and approved this 17th day of July 1984. ATTEST: Reeelved A Approved Ey The i ^ .;,.qmen1 A91 ATTACHMENT A --HOTEL SIGNS Building fascia sign #1:. Northeast Elevation J ME I i � t q i ME ATTACHMENT A --HOTEL SIGNS Building fascia sign #2: Southwest Elevation Z2= d 3� __ t Building fascia sign #3 I. I ATTACHMENT A --HOTEL SIGNS South Entrance r=o Building fascia sign #4: Northeast Corner Entrance No graphics provided. The sign, 3'x2', will be constructed of aluminum with a brown background and tan lettering reading "Nautilus Health Spa" scripted in the corporate lettering style. Placement will be at street level height next to the entrace doorway. (9y r Ii I. I ATTACHMENT A --HOTEL SIGNS South Entrance r=o Building fascia sign #4: Northeast Corner Entrance No graphics provided. The sign, 3'x2', will be constructed of aluminum with a brown background and tan lettering reading "Nautilus Health Spa" scripted in the corporate lettering style. Placement will be at street level height next to the entrace doorway. (9y ATTACHMENT A --HOTEL SIGNS South Entrance r=o Building fascia sign #4: Northeast Corner Entrance No graphics provided. The sign, 3'x2', will be constructed of aluminum with a brown background and tan lettering reading "Nautilus Health Spa" scripted in the corporate lettering style. Placement will be at street level height next to the entrace doorway. (9y ATTACHMENT B --HOTEL LANDSCAPING PLANS col q 5' �Ir Mey KF -Y GOM M cli NAME QZ?,n1J I CA►- tJAM E sl zF- A <} Ut1DE�, coP'1A LI"PfI.Et-EAS TiL.IA GOPY�A'(A 3�� -19„1oZ4- (o rn�l,�., .7oc1�tA1 � FeT�71wA FWTtc7Bpa.IJAc9t4.11' G 2 vim", � �r�vY" +�'ta�.+ VI��IuM TP�ILobuM GOP�IPPGTi�+ 3' D 23 Vlbu>},u1 1,PWA4 0 Y rwsr+ Vlau�,nh�M CrUL 75 'rlAlvsa 12" E 10 FLEECE FLCWE" Rx-YG4140M WYNOUTP11A all osta, golde C�fa3akiGx'�tkk#x>Xic�2�A�iAfx��x 2� 14 '.4 F-LAIJ Till tit W LY VAhl SG.& eO "OSTA , PLA,"TAI IJ LI L`( 10' J �p p,p,B pnvi-sbe , lrz-}40Y �.+tl}► GCGosrNiALl�i ' iE4aN i � 5' To Col K -�UNIPEh APYUC�QIA -1UNIPEAUS Sr�61NA �AP�f?DiA IS" L' (r JUNIQEP,, IIUU1lES JUt11PEp)VS NcailzoNTALtS�NWHa' I1D" col q 5' r• l C ATTACHMENT B -- HOTEL LANDSCAPING Hotel parcel, north side ATTACHMENT B --HOTEL LANDSCAPING PLANS Hotel parcel, south side VSK/1 Icy L�FI:cK 37 �ucx I l�TG pCFb'�o hSGF-�G`•7G pav:Ncn Tim. Zo f A,4VW CRICKtftcjL �\ TAVIN G 04. Subject to revision to include City of Iowa City kiosk (for electrical service to Governor Lucas Square) on southwest corner landscaping plan. I lin A. Interior Walkway ATTACHMENT C --HOTEL WALKWAYS hP<¢ssev iv.en lu zepNf f11GH MALL \ (VZ ATTACHMENT C --HOTEL WALKWAYS B. Exterior Walkway :oN �i YnL rr t U Yrit i r�:r .. ''1 �4 rf�r'.5, �!! .•u�-f.:i�J?i e }33i�.iY1 rtp r ..Tei 11 VrW'1�R,.r:; Ix�A f =n Name changed to Dubuque Walk �Ll. �k•�ii,° � ,..i r- (5 N S RESOLUTION NO. 84-210 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: Stonewall's Lounge 127 Iowa Avenue Iowa City, IA 52240 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: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 31st day of July , 19 84 Attest:V6�� City Clerk _july_3l _ ___, 19 B 4 The City Council of Iowa City Iowa, met in re lar session, in the Council Chambers. City Hall, Iowa City, Iowa, at 7:30 o'clock P.M.. on the above date. There were present Mayor _ John McDonald . in the chair, and the following named Council Members: Ambrisco, Baker, Dickson ,McDonald , Strait, Zuber Absent: Erdahl -1- h91 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: Ambrisco, Baker, DicksonyMcDonald._ _ Strait. Zuber NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 84-211 RESOLUTION ACCEPTING WORK WHEREAS on September 28, 1983: Iowa City. Iowa, entered into contract with Ahrens Construction of Harper, Iowa, for the construction of the 1983 Paving Improvements (Lyon's 2nd Addition), within the City as therein described; and WHEREAS said contractor has fully completed the construc- tion of said improvements known as the 1983 Paving Improvements (Lyon's 2nd Addition), 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 _ Jul25 _ , 1984: 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 $ 78,979.97 Section 2. The total project cost including construction, engineering, legal and administrative costs is determined to be $ 97,560.90 . -2- PASSED AND APPROVED this _31st- day of 1984. 02/ ayor ATTEST: Cl e k -3- 49-,g ,Q 3--YsP' (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. 'Date of Meeting: July 31, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, City Hall. 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: Resolutions in connection with the 1983 Paving Improvements (Lyon's 2nd Addition). - Resolution accepting work. - Resolution ordering preparation of final plat and schedule of assessments Such additional matters as are set forth on the addi- tional 17__ page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. 7_J / _ arz� �J City Iowa City, Iowa A95/ RESOLUTION NO. 84-212 RESOLUTION AUTHORIZING ADOPTION OF BY-LAWS FOR THE IOWA CITY COMMITTEE ON COMMUNITY NEEDS. WHEREAS, the Iowa City Committee on Community Needs is required by City Ordinance to adopt by-laws governing the operation of the Committee; and WHEREAS, the Iowa City Committee on Community Needs has unanimously approved acceptance of the proposed by-laws which are attached as Exhibit A to this document and by this reference made a part thereof; and WHEREAS, the Rules Committee of the Iowa City Council has recommended adoption of the by-laws for the Iowa City Committee on Community Needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the by-laws of the Iowa City Committee on Community Needs be formally adopted by the Iowa City Council. It was moved by Zuber 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 31st day of July1/,,* ��, 1984. V --a2 YOR ATTEST: CITY CLERK Rea ved A Approval By The Laval Depimmmg, LL 495 Bylaws for Committee on Community Needs Article I Section 1. Regular Meetings held monthly. EXHIBIT A Regular meetings of this Committee shall be Section 2. Special Meetings. Special meetings of the members may be called by the chairperson and shall be called by the chairperson at the request of three committee members. Section 3. Place of Meetings. Meetings shall be held in the Iowa City Public Library or any other public meeting place. Section 4. Notice of Meetin s. Notice and agenda for all regular meetings shall be dis ributed to a members and the press. Special meetings may be called upon notice to all members and the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Committee shall constitute a quorum of any meeting and the majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. Article II Section 1. Membership. The CCN Committee shall consist of 11 members; term of membership shall be 3 years. The chairperson and co -chairperson will be elected annually from the committee members. All members of the Committee shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharged of their duties. Section 2. Nomination. The City Council shall appointed members to CCN as vacancies occur. Section 3. Orientation. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the Committee (CCN) bylaws. Section 4. Absences. Three consecutive, unexplained absences of a Committee member from regu a meetings will result in a recommendation to the City. Council from the Commission to discharged said member and appoint a new member. 1194 Page 2 Article III Section 1. Chair erson. The chairperson shall, when present, preside at all meetings, appoint SUE -committees with the approval of the committee, call special meetings and in general perform all duties included in the office of a chairperson and such other duties as may be prescribed by the members from time to time. Section 2. Co -Chair erson. The co -chairperson shall take over the above duties of the c airperson in the event of the latter's absence. Article IV Section 1. Agenda. The chairperson or a designated representative, together with appropriate members of the City staff or City Council, shall prepare an agenda for all regular committee meetings. Agendas are to be sent to committee members, the City Council and and the media at least three days prior to the regular meetings. Section 2. Minutes. Minutes of all regular and special meetings are to be prepared andia's-EFibuted to the City Council within two weeks of the meeting, in the manner prescribed by the Council. Minutes of all regular and special meetings will be mailed to all committee members during the week prior to the next meeting. Specific recommendations for the Council are to be set off from the main body of the minutes and appointments identified. Section 3. Policies and Programs. Periodically the Committee shall review the policies and programs of the City, relating to the Committee's functions and make such recommendations to the City Council as are deemed appropriate. 697 RESOLUTION NO. 84-213 RESOLUTION APPROVING THE FINAL PLAT OF BDI FIFTH ADDITION, A SUBDIVISION OF JOHNSON COUNTY, IOWA WHEREAS, the owner, Business Development Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final subdivision plat of BDI Fifth Addition, which property is legally described as: Part of Lot 6 Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office Plat Book 16, page 79 and also all of Lots 5 and 6, BDI Subdivision, Second Addition to Iowa City, as recorded in Johnson County Recorder's Office, Plat Book 19, page 80, more particularly described as follows: Commencing as a point of reference at the center of Section 24, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa (for this description only, the north line of the southwest quarter of said Section 24 is assumed to have a bearing of South 83040'00" West); Thence North 88051'09" East 1508.15 feet along the south line of the Northeast quarter of said Section 24 to a point of intersection with the westerly line of the East 68 rods of the Southeast quarter of said section; Thence North 00003'29" East 333.54 feet along said westerly line of the East 68 rods of the Southeast quarter of said Section 24 to the point of beginning; Thence South 74003'05" West 499.56 feet along the north line of Lot 7, BDI Subdivision, Second Addition, to a point of intersection with the easterly right-of-way line of Heinz Road; Thence North 21035'08" West, 467.50 feet along said easterly right-of-way line of Heinz Road to a point of curvature; Thence Northeasterly 258.36 feet along a 200.00 foot radius curve concave easterly and subtended by a 240.77 foot chord bearing North 15025'19" East to a point of intersection with the northeasterly line of Lot 4, BDI Second Addition extended southeasterly; Thence North 37034'15" West 376.81 feet along the northeasterly lot line of said Lot 4 to a point of intersection with the northerly line of said Lot 4; Thence North 62009'30" West 545.00 feet along said northerly line of Lot 4 to a point of intersection with the East line of Lot 3, Auditor's Plat No. 32; Thence North 00029'22" West 182.53 feet along the easterly line of Lot 3 of said Auditor's Plat 32 to a point; Thence North 00006'00" West 114.68 feet along the easterly line of Lots 2 and 1 of said Auditor's Plat 32 to a point of curvature on the easterly line of said Lot 1 of Auditor's Plat 32. Resolution No. 84 - Page 2 - Thence Northwesterly 312.80 feet along a 382.04 foot radius curve concave southwesterly and subtended by a 304.14 foot chord bearing North 23058'11" West to a point of intersection with the southerly line of the Chicago, Rock Island and Pacific Railroad right-of-way; Thence South 62009'30"East 1870.28 feet along said southerly right-of-way line to a point; Thence South 27050'30" West 490.01 feet to a point of intersection with the westerly line of said east 68 rods of the southeast quarter of said Section 24; Thence South 00003'29" East 351.08 feet along said westerly line of the east 68 rods of the southeast quarter of Section 24 to the point of beginning, subject to easements of record. The area of this described parcel is 25.9 acres, more or less. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same; 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; and WHEREAS, the final plat is 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 BDI Fifth Addition is hereby approved. 2. The Mayor is hereby authorized to sign and the City Clerk to attest an Agreement Allocating Special Assessments on the land within the subdivi- sion, as authorized by Iowa Code Sec. 384.61. 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 plat after passage and approval by law. The owner/subdivider shallbe responsible for recording at the office of the County Recorder of Johnson County, Iowa, a copy of the plat 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. A99 Resolution No. 84- _ Page 3 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 Erdahl X McDonald X Strait X Zuber Passed and approved this 31st days of July 1984. ATTEST: Received & Approved 6y the Legal T.Qrhrmd �e Toa RESOLUTION NO. 84-214 RESOLUTION APPROVING THE LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR LOT 1 OF BDI FIFTH ADDITION FOR PHASE I OF PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC. WHEREAS, the owner, Pharmaceutical Development Systems, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final LSNRD plan for Lot 1 of BDI Fifth Addition for Pharmaceutical Development Systems, Phase 1; 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 preliminary and final plan is 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 LSNRD plan for Lot 1 of BDI Fifth Addition, Pharmaceutical Development Systems, Phase 1, is hereby approved. 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 plat 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 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 31st day of July 1984. ATTEST: Reeelved & Approved Bp The Legal De rtment 701 RESOLUTION NO. 84-215 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF H. P. SMITH COMPANY. WHEREAS, the owners, H. P. Smith Company, a division of James River Corporation, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Non - Residential Development Plan of the H. P. Smith Company. 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 the same; and WHEREAS, a 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 preliminary and final Large Scale Non -Residential Development Plan is found to conform with all of the requirements of the City ordi- nances 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 for H. P. Smith Company is 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 plan and of the preliminary and final plan after passage and approval by law; and the owner/subdivider shall record the final plan at the office of the County Recorder of Johnson County, Iowa, before 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 —�— Erdahl X McDonald X Strait X Zuber Passed and approved this 31st day of July/ 1984. L4 u LIMYOR ATTEST: CI CLERK Received & Approved $y The Legal Deparin W& zb 69' -7aa RESOLUTION NO. 84-216 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANITARY SEWER IMPROVEMENTS -SEWER _SYSTEM REHABI1 TTATION 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 5% of the 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 10:00 A.M. on the 21st day of August , 19 84. 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 28th day of August , 19 84. It was moved by Zuber and seconded by Ambrisco resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —X_ Ambri sco X _ Baker X _ Dickson X Erdahl X McDonald -� Strait X Zuber Passed and approved this 31st day of ATTEST:Z�9aZ�� 2e I AL V CITY CLERK that the Rseetved 8 Approved �y LegalDepartment 1 Zs gY '703 Council Member Zuber _ _ introduced the following Resolution entitled "RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Council Member Strait__ __ seconded the vias- motion to adopt. The roll called and the vote was, AYES: Straits AdbxisLa BakerrDickson, McDonald, Zuber NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 84-217 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 1983 Paving Improvements (Lyon's 2nd Addition), 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 100% 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 sche- dule for the improvement and filed in the office of the Clerk. PASSED AND APPROVED this 31st _ day of Jules_ 1984. ATTEST: C1 rk -4- -704/ 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, WITNESSmy hand and the seal of said Municipality hereto affixed this _31st day of _July , 1984. Citly Clerk Iowa City, Iowa Fy0a11 -7OS July 31 , 1984 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 John McDonald , in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, McDonald, Strait, Absent: Erdahl -1- AHLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA "706 Council Member Dickson introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS" and moved its adoption. Council Member Zuber seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco, Dickson. McDonald Strait NAYS: None ABSTAINING: Baker Whereupon, the Mayor declared the following Resolution duly adopted: 84-218 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 Tanglewood -Ventura, St. Anne's Drive Special Paving Assessment Project, and as described in detail in the plans and specifi- cations 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 Pavprc, Tnr of Iowa City, Iowa Date of contract: December 2, 1983 Bond surety: United Fire & Casualty Company; Cedar Rapids IA Date of bond: November 23, 1983 Portion of project: Entire Project PASSED AND APPROVED, this 31St day of July 1984. yor ATTEST: Clerk -2- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA 707 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 31st day of jiffy, , 1984. SEAL -Z" ACJ City Clerk, Iowa City, Iowa AHLERS, COONEY. DORWEILER. HAYNIE & SMITH, LAWYERS, DES MOINES, IOWA Q 708 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: July 31, 1984 Time of Meeting: 7;30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E., Washington Street, 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: - Re olution a provin contacts d bond. Tanglewood -Ventura aid St. Knne s Driv Such additional matters as are set forth on the addi- tional 17 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. City -Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIE& Smi H. LAWYERS. DEs MOINES. IOWA -;y RESOLUTION NO. 84-219 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY85 BRIDGE PAINTING PROGRAM WHEREAS, Dairy has submitted the be above-named project. grove, Wisconsin construction of 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 Dairyland Improvement Co., Inc. of Cottage Grove, Wisconsin 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 Ambrisco 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 31st day of July 1984 ATTEST: sl�_4_ ) MY CLERK MAYOR tha t 1661ved 3 Approved 4Lcgd Da ��menl -7/4 RESOLUTION NO. 84-220 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WHEREAS, Iowa Culvert Builders, Inc. of Sigourney, Iowa has submitted the best bid of 160,167.72 for the construction o 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 Iowa Culvert Builders, Inc. of Si ourne 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 Zuber and seconded by Dickson that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X _____ Ambri sco X — Baker X _ Dickson — — X Erdahl X _ McDonald X Strait X — Zuber Passed and approved this 31st day of July 1984 MAYOR ATTEST: C TY CLERK Ratehred: & Approved By The legal Dsparimenl xt7 Z6 '7111 c` Iowa City, Iowa, July 31, 1984 The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa at 7:30 o'clock p.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson McDonald Strait Zuber Absent: Erdahl -1- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 71 Matters were discussed relative to final authorization and issuance of $900,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Jackson Square Associates Project) Series 1984. Following a report on the proposed Project by representatives of said Company and a discussion of the Bond issue, Council Member Zuber proposed the following Resolution and moved its adoption. Council Member Strait seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution adopted by the following vote: AYES: McDonald Ambrisco Baker, Dickson. Strait Zuber NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- AHLERS. COONEY. DORWEILER. HPYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 713 RESOLUTION NO. 84-221 RESOLUTION AUTHORIZING THE ISSUANCE OF $900,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (JACKSON SQUARE ASSOCIATES PROJECT) SERIES 1984, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO JACKSON SQUARE ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, IMPROVING AND EQUIPPING LAND, BUILDINGS AND IMPROVEMENTS SUITABLE FOR USE AS A 27 UNIT HOUSING COMPLEX FOR THE ELDERLY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A DEED RESTRICTIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND JACKSON SQUARE ASSOCIATES: THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID REAL ESTATE MORTGAGE AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City") proposes to issue its Commercial Development Revenue Bonds (Jackson Square Associates Project) Series 1984, in the aggregate principal amount of $900,000 (the "Bonds"), with the proceeds from the sale of the Bonds to be loaned by the City to Jackson Square Associates, an Iowa general partnership (the "Company"), for the purpose of defraying all or a portion of the cost of acquiring, improving and equipping land, buildings and improvements suitable for use as a 27 unit housing complex for the elderly (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and WHEREAS, the City Council of the City has determined the Project is located within the area of and is consistent with and authorized by the Neighborhood Development Plan (the "Urban Renewal Plan") and there is a public need in the City and the surrounding environs for implementation of said Urban Renewal Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and will promote employment opportunities for residents of the City and the surrounding area; and - 3- AHLERS_ COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA WHEREAS, the Bonds are to be issued pursuant to provisions of an Indenture of Trust (the "Indenture") dated as of July 1, 1984, between the City and First National Bank, Iowa City, Iowa, as Trustee thereunder (the "Trustee") and; WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of July 1, 1984, between the City and the Company; and WHEREAS, as additional security for payment of the Bonds, the Company has agreed to execute a Real Estate Mortgage (the "Mortgage") dated as of July 1, 1984, between the Company, as the mortgagor, and the City, as the mortgagee, thereunder, pursuant to which the Company grants and conveys to the City a mortgage lien in the real estate described in the Mortgage, subject to Permitted Encumbrances; and WHEREAS, the rights and interest of the City in and to the Loan Agreement and the Mortgage will be assigned by the City to the Trustee pursuant to the Indenture; and WHEREAS, the loan is made subject to certain deed restrictions under a Deed Restrictions dated as of July 1, 1984 (the "Deed Restrictions"), by and among the City, the Company and the Trustee; and WHEREAS, as additional security for payment of the Bonds, James A. and Loretta C. Clark have agreed to execute a Guaranty Agreement dated as of July 1, 1984 (the "Guaranty"), between Guarantors and Trustee, pursuant to which Guarantors guarantee the full and prompt payment of the principal of, premium, if any, and interest on the Bonds, as the same shall become due; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by Section 419.9 of the Act and Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arranged for the sale of the Bonds to First National Bank, Iowa City, Iowa (the "Original Purchaser"); and WHEREAS, there has been presented to this meeting the following documents, which the City proposes to enter into: 1. The form of Loan Agreement between the City and Company; and - 4- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYLRS. DES MOINES. IOWA S "7/! 2. The form of Indenture between the City and the Trustee setting forth the terms of the Bonds including (without limitation) the maturity dates, rates of interest and redemption provisions, and the conditions and security for payment of the Bonds; and 3. The form of Bond Purchase Agreement dated July 31, 1984, (the "Bond Purchase Agreement"), by and among the Original Purchaser, the Company and the City relating to the issuance, sale and purchase of the Bonds; and 4. The form of the Mortgage and the Assignment thereof; and 5. The form of an Inducement and Indemnity Letter dated July 31, 1984 (the "Inducement Letter") from the Company and Guarantors to the City and the Original Purchaser; and 6. The form of Deed Restrictions; and 7. The form of the Bonds, as set forth in the Indenture. WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Council Members of the City Council, is in appropriate form and is an appro- priate instrument for the purposes intended; NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the City defray all or a portion of the cost of acquiring, improving and equipping land, buildings and improvements suitable for use as a 27 unit housing complex for the elderly (the "Project") by issuing the Bonds and loaning the proceeds of the sale of the Bonds to Company, which Project is consistent with and located within the area of the City's Neighborhood Development Plan adopted by the City pursuant to Chapter 403 of the Code of Iowa. Section 2. That in order to defray the cost of the Project, the issuance'of the Bonds in the aggregate principal amount of $900,000, maturing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the form and content of the Bonds set forth in the Indenture now before this meeting be and the same hereby are in all respects authorized, approved, ratified and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, whether by -5- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLSEE. LAWYERS. DEs MOINES. IOWA -7i6 manual or facsimile signatures, impress the official seal of the City (or cause to have printed a facsimile thereof) thereon and deliver for and on behalf of the City the Bonds to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limitation the maturity dates, rates of interest and redemption provisions) be and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 3. That the City loan to Company the proceeds from the sale of the Bonds pursuant to the Loan Agreement, which provides for repayment by Company of such loan in an amount equal to principal of, premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects author- ized, approved and confirmed and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appro- priate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Loan Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed. Section 4. That First National Bank, Iowa City, Iowa, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisions of which are incorporated herein by reference, and the assignment of the City's rights and interest in and to the Loan Agreement (with certain exceptions as stated in the Indenture), be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are author- ized, empowered and directed to execute, attest, seal and deliver the Indenture for and on behalf of the City to the Trustee for the security of the Bonds and the interest thereon, including necessary counterparts in substantially the form and content now before this.meeting but with such changes, modifi- cations, additions and deletions therein as shall to them ANLERS. GOONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS, DES MOINES. IOWA -717 seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture now before this meeting, and that from and after the execution and delivery of the Indenture, the Mayor and the City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture as executed. Section 5. That the form and content of the Mortgage con- stituting a conveyance and grant by the Company to the City of a mortgage lien in and to the property subject to the Mortgage and described therein, and the assignment to the Trustee of the City's rights and interest in and to the Mortgage, pursuant to the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Mortgage and the Assignment for and on behalf of the City, as mortgagee there- under, including necessary counterparts, in substantially the form and content now before this meeting but with such changes, additions, modifications and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Mortgage and Assign- ment now before this meeting and that from and after the execution and delivery of the Mortgage and Assignment, the Mayor and City Clerk are hereby authorized, empowered and directed td do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Mortgage and Assignment as executed, and the' provisions of the Mortgage and Assignment are hereby incorporated herein by reference. Section 6. That the form and content of the Deed Restrictions relating to the Project be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Deed Restrictions for and on behalf of the City, including necessary counterparts, in substantially the form and content now before this meeting but with such changes, additions, modi- fications and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof tc constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Deed Restrictions now before this meeting and that from and after the execution and delivery of the Deed Restrictions, the Mayor and City Clerk are hereby -7- ANLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA Q -719 authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Deed Restrictions as executed, and the provisions of the Deed Restrictions are hereby incorporated herein by reference. Section 7. That the sale of the Bonds to the Original Purchaser at the purchase price of 1008 of the par value thereof, subject to the terms and conditions set forth in the Bond Purchase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to execute and deliver to the Original Purchaser the Bond Purchase Agreement for and on behalf of the City, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement. Section 8. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Inducement Letter as executed. Section 9. That the Mayor and the City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing statements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture, the Loan Agreement and the Mortgage and the execution of all closing documents as may be required by Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, as Bond Counsel, and the acceptance of any documentation evidencing indemnification of the City by Company in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. QE AMI -ERS. COONEY. DORWEILER. HAYNIE. SMITN a ALLBEE. LAWYERS. DES MOINES. IOWA 719 Section 10. That the Loan Agreement requires Company in each year to pay amounts as Loan Payments sufficient to pay the principal of, premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 11. That the Bonds are limited obligations of the City, payable solely out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and as provided in the Indenture, and are secured pursuant to and in accordance with provisions of the Mortgage, the Guaranty and the Indenture. The Bonds and interest thereon shall never constitute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not .give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 12. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 13. 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 and approved this 31st day of July, 1984. City of Iowa City, Iowa (Seal) ohn McDonald, Mayor Attest: a�r i n K . K� Jam" �i/�� Mia R. Karr, City Clerk sw ANLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA Iaa CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on July 31, 1984, for the purpose of considering a Resolution authorizing the issuance of $900,000 aggregate principal amount of Commercial Development Revenue Bonds (Jackson Square Associates Project) Series 1984, of the City of Iowa City, Iowa, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Real Estate Mortgage, the execution and delivery of a Deed Restrictions; the execution and delivery of a Loan Agreement between the City and Jackson Square Associates, the Assignment by the City of the rights and interest of the City in and to said Real Estate Mortgage and said Loan Agreement, the sale of said Bonds, appointment of a Trustee and related matters; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 31st day of July, 1984. (SEAL) Marian K. Karr, City Clerk State of Iowa ) SS.: County of Johnson Subscribed and sworn to before me this day, the date last above written. Notaty Public in and for the (SEAL) State of Iowa -10- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLnEE. LAWYERS. DES MOINES. IOWA ?ai (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. July 31, 1984 7:30 P.M. Council Chambers Place of Meeting: Civic Center 410 East Washington Street 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 of $900,000 in Aggregate Principal Amount of the City of Iowa City, Iowa, Commercial Development Revenue Bonds (Jackson Square Associates Project) Series 1984, With the Proceeds from the Sale of the Bonds to be Loaned to Jackson Square Associates, an Iowa General Partnership, for the Purpose of Defraying All on aLand, Portion of the Cost of Acquiring, Improving and Equipping Buildings and Improvements Suitable for Use as a 27 Unit Housing Complex for the Elderly; the Execution and Delivery of an Indenture of Trust to Secure Said Bonds; the Execution and Delivery of a Real Estate Mortgage; the Execution and Delivery of a Deed Restrictions; the Execution and Delivery of a Loan Agreement Between the City and Jackson Square Associates; the Assignment by the City to the Trustee of the Rights and Interest of the City in and to Said Real Estate oontment anda Said Loan Agreement; the Sale of Said Bonds; App Trustee; and Related Matters. n the 2. Such additia9ne(o s) attached hereto (attach copy additional 17 P Of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Ma 'an K. Karr, City Clerk of the City of Iowa City, Iowa -11- AHLERS. COONEY. DORWEILER. HAYNIE. SHITH a ALLSEE. LAWYERS. DES MOINES. IOWA 772'0), 1 RESOLUTION NO. 84-222 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ACCESS EASEMENT FOR URBAN RENEWAL PARCEL 64-1b (HOTEL SITE). WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency, did by Resolution 83-419 authorize execution of an alley access easement for Urban Renewal Parcel 64-1b (Hotel Site), which easement was recorded in the Johnson County Recorder's Office in Book 682, p. 66; and WHEREAS, by Resolution 84-75 the City Council approved an Amended Easement Agreement enlarging the easement area, but said Amended Easement Agreement has not been delivered to the Developer, or recorded; and WHEREAS, it has been found that the airspace reserved in said amended easement is inadequate if the City determines to enlarge the Dubuque Street Parking Ramp onto Urban Renewal Parcel 64-1a; and WHEREAS, reducing the height of the reserved airspace from 25 feet to 16 feet will not adversely affect access to the hotel site. NOW, THEREFORE, BE IT RESOLVED THAT 1. Resolution 84-75 is hereby repealed, and 2. An Amended Access Easement (Attachment 1) be approved by the City Council of the City of Iowa City and that the Mayor of Iowa City, Iowa, is authorized to sign the amended easement agreement and that the City Clerk is authorized to attest said agreement. It was moved by Amb -risco 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 31st day,of July , 1984. �40 717"� CITY OF IOWA CITY HARRY A. JOHNSON, JR. AMENDED EASEMENT AGREEMENT This agreement is entered into this 31st day of Jul , 1984, between the City of Iowa City, Iowa, a municipal corporation, here1natter referred to as City, and Harry A. Johnson, Jr., doing business as Mid -City Hotel Associates - Iowa City, hereinafter referred to as Hotel Associates. WHEREAS, Hotel Associates has purchased land from the City on Urban Renewal Parcel 64-1b, Iowa City, upon which to construct a hotel facility, and, WHEREAS, Hotel Associates wishes to purchase from the City a perpetual alley easement for access purposes through a portion of Block 64, as more particu- larly defined in this agreement, and, WHEREAS, the parties to this agreement wish to set out the specific terms and conditions of their agreement concerning this easement. NOW, THEREFORE, IT IS AGREED as follows: 1. Easement Area. The easement area shall be a strip of land legally described as follows: Part of Block 64, Original Town, Iowa City, Iowa, as shown on plan recorded in Johnson County Recorder's Office, Book 1, page 116, more particularly described as follows: Commencing as a point of reference at the Northeasterly corner of said Block 64; thence South 89059'20" West 222.00 feet along the Northerly line of said Block 64 to a point (this is an assumed bearing for purposes of this description only); thence South 0007'00" East 144.54 feet along a line parallel with the Easterly line of said Block 64 to the point of beginning; thence North 89053'00" East 50.00 feet to a point; thence South 45007'00" East 49.50 feet to a point; thence North 89053'00" East 137.00 feet to the Westerly right-of-way line of Linn Street; thence South 00007'00" East 17.35 feet along said Westerly right-of-way line to a point; thence South 89051'17" West 20.04 feet to a point; thence South 00004'14" West 3.30 feet to a point; thence North 89055'47" West 201.95 feet to a point; thence North 00007'00" West 55.00 feet to the point of beginning. Page 2 2. Nature and Extent of Easement. Hotel Associates and its assigns are hereby granted a permanent nonexclusive easement for ingress and egress purposes across the surface of the easement area. City expressly reserves all rights to the airspace beginning sixteen (16) feet above the surface of the easement area. This easement is to provide for service access to the hotel facility. The easement area also is intended to provide for access to other building sites located in Block 64 and the City reserves the right to grant to other owner of property in Block 64 access to the alley easement. 3. Dedication as Public Alley. The City also reserved the right and intends to dedicate all or part of the easement area as a public alley subject to all of the rules and regulations of the City of Iowa City govern- ing such alleys. 4. Pavement and Maintenance. The City agrees to pave the alley portion of the easement area within a reasonable time after completion of construc- tion of the hotel facility. Further, the City agrees to maintain the alley at the same level of maintenance as is provided for other public alleys in downtown Iowa City. 5. Easement Price. Promptly upon execution of this agreement, Hotel Associates agrees to pay to the City the sum of $18,350.40. 6. Future Condemnation. While the City has granted to Hotel Associates the easement rights provided in this agreement on a perpetual basis, the City does reserve the right to institute condemnation proceedings if necessary in the future to retake possession of the alley. 7. Reversion to City. In the event Hotel Associates defaults upon its obligation to construct a hotel on Urban Renewal Parcel 64-1b, this easement granted by the City to Hotel Associates shall automatically terminate and all rights granted hereunder shall revert to the City. If this happens, the City agrees to refund to Hotel Associates any portion of the purchase price outlined in paragraph 5 above which has not already been used for the purposes of constructing public facilities on or about the alley. In the event the use of Urban Renewal Parcel 64-1b changes from a hotel, the easement granted by the City to Hotel Associates shall automatically termi- nate and all rights granted hereunder shall revert to the City. 8. Successors and Assigns. The provisions stated herein shall be for the benefit of and bind the personal representatives, heirs, successors and assigns of Hotel Associates and the City, and the terms and conditions set forth above shall constitute covenants running with the land. 9. Effect on Prior Easement. This Amended Easement Agreement supercedes and revokes the Easement Agreement recorded in Book 682 at page 66 of the Johnson County Recorder's Office. Dated at Iowa City, Iowa, the date first above given —7-'2,< Page 3 CITY OF IOWA CITY, IOWA BY: l d,%� hn McDonald, Mayor ATTEST: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 44 ' J o arry A o nson, Jr. On this 31st day of July , A.D., 1984, 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 TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. Not" ahy �Public in and fok the State of Iowa STATE OF MINNESOTA SS: HENNEPIN COUNTY On this &day of 1984, before me, the undersigned, a Notary Pub is `qin and for sa State, personally appeared Harry A. Johnson, Jr., to me known to be the ident cal person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. 4d % CYNTHIA HENNFK (Y/ NOTARY PUBLIC -MINNESOTA STEARNS COUNTY Notary blic in and for the State of Minnesota MY COMM. EXP. JUNE 8,1989 Received & Approved By The Legal Depertnunt Y 074 e RESOLUTION NO. 84-223 RESOLUTION RESCINDING RESOLUTION 84-141 AND ADOPTING A NEW RESOLUTION ESTABLISHING REGULATIONS FOR OPERATION OF OUTDOOR SERVICE AREAS BY BUSINESSES LICENSED UNDER CHAPTER 123 OF THE CODE OF IOWA. WHEREAS, Resolution 84-141 was previously adopted by the City Council on June 5, 1984 which adopted certain regulations for operation of outdoor service areas and those regulations should be revised to exempt, with certain exceptions, outdoor service areas established prior to May 1, 1984 and certain other changes, and WHEREAS, Chapter 123 of the Code of Iowa provides for the licensing of establishments to sell, dispense or serve for consumption on the premises beer or alcoholic beverages, and WHEREAS, this license may extend to outdoor service areas immediately adjacent to such premises, and WHEREAS, such license to operate an outdoor service area within the corporate limits of Iowa City requires approval by the City Council, and WHEREAS, outdoor service areas established prior to May 1, 1984 shall be exempted, with certain exceptions, from the regulations for operation of outdoor service areas, and WHEREAS, the City Council wishes to establish criteria to serve as a basis for its approval of the operation of outdoor service areas, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that: 1. Resolution 84-141 previously enacted on June 5, 1984 is hereby rescinded by action of the Council. 2. The "Regulations for Operation of Outdoor Service Areas by Businesses Licensed under Chapter 123 of the Code of Iowa," attached to and made a part of this resolution, are hereby adopted by the City of Iowa City as minimum criteria for the licensing and operation of an outdoor service area as part of any establishment licensed under Chapter 123 of the Code of Iowa and in which any alcoholic beverage is dispensed, sold or consumed. These regulations shall apply as indicated, the only exceptions being those specifically set forth in the regula- tions. -727 Page 2 It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon rolT call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 31st dayjof July , 1984. ATTEST: REGULATIONS FOR OPERATION OF OUTDOOR SERVICE AREAS BY BUSINESSES LICENSED UNDER CHAPTER 123 OF THE CODE OF IOWA These regulations shall apply to those outdoor service areas located on PRIVATE PROPERTY adjacent to any business licensed under Chapter 123 of the Code of Iowa and as defined in Chapter 123.3(31). These regulations shall NOT apply to outdoor service areas located on or directly adjacent to the City Plaza as defined in Chapter 9.1-2 of the Code of Iowa City. An outdoor service area shall include any such area where beer or liquor is sold and served, carried, or consumed by the public. It shall be considered as part of the licensed premises, and the same Federal, State, and local laws which apply to the licensed premises shall also apply to the outdoor service area. Any establish- ment operating an outdoor service area as defined above shall be subject to the following: 1. Outdoor service areas must be located on private property and may not encroach on any public right-of-way. Such area must be immediately adjacent to the licensed establishment of which it is a part. 2. Outdoor service areas shall not be located in the front yard of any licensed premises. 3. Outdoor service areas shall be screened on all sides from public view. Screening shall consist of a fence or other suitable barrier of not less than five feet in height nor more than eight feet in height. It shall be of solid construction which will effectively prevent normal access and/or egress from the premises except by way of an emergency fire exit only. Such fire exit shall be required of all outdoor service areas. 4. Seating or other accommodations in an outdoor service area shall not exceed one (1) person per fifteen (15) square feet of floor area accessible to the public. 5. Outdoor service areas shall not be accessible except from the licensed premises which it adjoins. The required fire exit shall be an emergency exit only. 6. Outdoor service areas shall be permitted only in those zones which permit other than residential uses and shall not be permitted to exist within 100 feet of any lot zoned for residential use. 7. Outdoor service areas shall comply with appropriate building, housing, and fire codes and with all other applicable State and City laws. 8. The City shall inspect outdoor service areas at least annually at the same time inspection of the adjacent licensed establishment occurs. The City may, at its discretion, inspect an outdoor service area at any other time. 9. Applications for the approval of outdoor service areas shall include all required information and be submitted with applications for beer and liquor licenses. Such application shall be submitted to the City Clerk at least 15 days prior to the date it is to be considered by the City Council. Outdoor service areas shall be subject to the same annual renewal require- ments as are all beer and liquor licenses. Approval by the City Council of an outdoor service area shall be by letter to the Iowa Beer and Liquor %a1 2 Control Department and such approval shall be separate and distinct from approval of the beer or liquor license. Said approval shall be subject to the applicant also meeting all requirements of the Iowa Beer and Liquor Control Department with regard to diagram, dram shop coverage, and all other State requirements. 10. Amplified sound equipment in an outdoor service area shall not be permit- ted. Compliance with the City noise ordinance shall be required. Addi- tional advertising or identification signage beyond that permitted for the main licensed establishment shall not be permitted. 11. The City may, after notice to the license or permit holder and a reasonable opportunity for hearing, revoke authorization for the operation of an outdoor service area for any establishment where excessive noise or other problems, as determined by the City, result directly from the operation of the outdoor service area. The revocation procedure shall be initiated by the City Attorney filing an administrative hearing complaint with the City Council. Written notice of hearing, as well as a copy of said complaint, shall be served upon the license or permit holder, at least 10 days prior to the date set for hearing. The hearing shall be before the City Council and shall be governed by the procedures as established by Sections 2-186 and 2-187 of the Code of Ordinances of the City of Iowa City, Iowa. In the event of revocation, the City shall notify the Iowa Beer and Liquor Control Department. The license or permit holder may appeal the revocation to the Iowa Beer and Liquor Control Department Hearing Board, pursuant to Section 123.32, Code of Iowa. Revocation of authorization by the City for opera- tion of an outdoor service area shall not affect the licensing of the principal establishment, unless separate action to suspend or revoke that license/permit is also initiated. 12. Upon submitting an application for an outdoor service area, applicant shall provide the name and address of the owner of each abutting property as well as every other property which is within one hundred (100) feet of appli- cant's premises. The City will then notify these property owners by letter of the nature of the application and the date and time when it will appear on the agenda for approval by the City Council, so that these property owners will have an opportunity to comment on the application if they wish. 13. Approval or disapproval of an application for an outdoor service area shall be at the discretion of the City Council. Such discretion shall be exercised with due regard to public health, safety and welfare considera- tions. 14. Outdoor service areas established prior to May 1, 1984 shall be exempt from these regulations except that regulations 8, 10, 11 and 15 shall be applicable to these outdoor service areas. In the event that there is a change of ownership, the outdoor service area use shall be permitted to continue provided that the usage is continuous. 15. These regulations are established by resolution of the City Council and may be amended from time to time by further resolution of the City Council. 7 :?t) 4 RESOLUTION NO. 84-224 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO AMEND THE LOW INTEREST LOAN AND FORGIVABLE LOAN MANUALS FOR THE HOUSING REHABILITA- TION PROGRAM. 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 and Forgivable Loans as a method of financing rehabilitation, and WHEREAS, the City Council has approved and authorized the implementation of the Forgivable Loan Program by Resolution 79-577 and the Low Interest Loan Program by Resolution 82-91, and Therefore, for the purpose of amending the Low Interest and Forgivable Loan Programs, the revised Manuals are as shown in the attached copies and by this reference are made part of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Procedural Manuals be amended for the Housing Rehabilitation Low Interest and Forgivable Loan Programs in accordance with the attached. 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 31st day of July 1984. ATTEST: AWA4v»d & Approved Dy Legal DeperfrtgrM rl g! I PROGRAM MANUAL FOR HOUSING REHABILITATION LOW INTEREST LOAN PROGRAM bash -ad & Approved By The Legal D"IM-1 �y! '712k- Prepared by: Department of Planning & Program Development City of Iowa City July 1984 TABLE OF CONTENTS Chapter 1. General Chapter 2. Project Financing and Eligible Project Costs Chapter 3. Eligibility Requirements Chapter 4. Cost Includable in Rehabilitation Loans Chapter 5. Limitations on Amount of the Loans Chapter 6. Processing & Submissions for a Rehabilitation Loan Chapter 7. Loan Settlement Chapter 8. Loan Closeout Chapter 9. Terms & Conditions Under 'Which Rehabilitation Loans are Made Chapter 10. Funding of Individual Loans & Management of Accounts Chapter 11. Property Appraisal Chapter 12. Determining Work to be Done with a Rehabilitation Loan Chapter 13. Contracting for Repair Work Chapter 14. Inspection of Repair Work Chapter 15. Applicants Income Chapter 16. Truth in Lending Requirements for Rehabilitation Loans Chapter 17. Grievance Procedure 73Y OA CHAPTER 1. GENERAL LEGAL AUTHORITY. Loans are authorized by City Council utilizing.Title I assistance under the Housing and Community Development Act of 1974, as amended. DEFINITIONS. Following are definitions of various terms as used with respect to rehabilitation activities. a. Disabled. For the purposes of this program a person shall be considered disabled when that person received social security disability compensation or disability compensation from other public assistance organizations. b. Elderly. For the purposes of this program it shall mean any one or more of the property's title holders who are sixty two (62) years of age or older. c. Family. The applicant's family includes the applicant and any other person or persons related by blood, marriage or operation of law, who share the same dwelling unit. d. Liquid Assets. Property than can be readily converted into cash without appreciable loss in value such as: savings accounts, and/or stocks and bonds. Equity in the property to be rehabi- litated or a motor vehicle when used for transportation to and from employment or school is not considered when computing liquid assets. e. Owner. Means one or more natural person who hold legal title to a property to be rehabilitated. f. Owner -Occupied Property. A property occupied by that owner that it is used entirely for residential purposes and that contains one dwelling unit. g. Repair Cost. The total cost of repairs or improvements incurred by the owner that are includable in a rehabilitation contract, whether or not financed in part with funds from other sources. h. Rehabilitation Officer. An employee of the City's Department of Planning & -Program Development charged with the duties of admini- stering the specific aspects of the rehabilitation program. Flood Insurance. Insurance coverage provided to those areas participating in the National Flood Insurance Program to compen- sate for damages which have been incurred, thus reducing the overall impact and financial loss to affected property owners or tenants. Flood insurance coverage must be in an amount at least equal to the development or project cost. 73S 2 CHAPTER 2. PROJECT FINANCING AND ELIGIBLE PROJECT COSTS 1. GENERAL. This chapter covers City Council provisions required for the making of rehabilitation loans, sources of funds to be used for making loans, program reimbursement for advanced fees, and the costs in connection with rehabilitation loans that are eligible projects costs. 2. PROJECT FINANCING. Rehabilitation loans may be made only if there exists a City Council resolution approving the area(s) for rehabilita- tion and a sufficient appropriation of funds to finance said loans. a. Inclusion of Loan in Project Budgets. The amounts for rehabilita- tion loans shall be included in the Community Development Block Grant budget as approved by the City Council. b. Source of Funds for Rehabilitation Loans. Funds to cover an approved rehabilitation loan shall be provided by the City from project funds in accordance with the procedures established herein. 3. ELIGIBLE PROJECT COSTS. The costs described below, related to the processing of rehabilitation cases are eligible project costs in a neighborhood as approved by the City Council. Provision shall be made for these eligible project costs in the budget which is appropriate for the program involved. a. City Overhead and Third -Party Contracts. The following costs incurred in the processing and administering of rehabilitation loans are eligible project costs, to the same extent as costs incurred for other eligible project activities. (1) City cost for staff salaries, wages, and related personnel expenses. (2) Costs incurred under contract or agreement with organi- zations, firms, and individuals for technical and profes- sional services. Contracts and agreements must meet the City's requirements for third -party contracts as to form and methods of solicitation and execution, and, where appropri- ate, shall be concurred in by the City Attorney's office and the City Manager. b. Other Costs Related to Loans. In addition to those costs set forth in paragraph 3.a. above, other costs for goods and services required for the processing of a rehabilitation loan application may be considered eligible project costs. c. Advancing Funds for Includable Costs. As necessary, the City shall advance project funds to pay for processing fees, credit reports and charges for title reports and recordation fees. 72,/_ CHAPTER 3. ELIGIBILITY REQUIREMENTS GENERAL. This chapter sets forth eligibility requirements as to the property, and the applicant for a rehabilitation loan. A rehabilita- tion 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 Rehabili- tation Standards. Neither an individual family nor a structure may participate more than once in this program. 2. REQUIREMENTS APPLICABLE TO EVERY LOAN. In order to be eligible for a rehabilitation loan. A rehabilitation loan cannot be approved if the applicant's record shows a disregard for former obligations, 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 appli- cant for a rehabilitation loan on residential property must be the owner of the property. 4. 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. 737 CHAPTER 4. COSTS INCLUDABLE IN REHABILITATION LOANS GENERAL. A rehabilitation loan may be made only with respect to a property which needs to be brought up to Rehabilitation Standards, and, after rehabilitation, the property must, at a minimum, conform to the Iowa City Housing Code. Within the limitations on amount of loan as set forth in Chapter 5, a rehabilitation loan may also include amounts for purposes other than meeting the Iowa City Housing Code, as set forth in this section. Energy Conservation Measures. A home weatherization loan may provide for specific energy conservation measures such as storm windows, caulking and weather stripping and attic and wall insulation. Building Permits and Related Fees. A rehabilitation loan may provide funds to cover the cost of building permits and related fees that are required to carry out the proposed rehabilitation work. However, since the construction contract documents will require the contractor to pay for them, this cost ordinarily would be included in the contract amount. c. Architectural Services. In some unusual cases, an applicant may employ a private architect to prepare plans and drawings for the rehabilitation of his property. In these cases, the City rehabilitation loan may include an amount to cover the cost of the architectural services for the foregoing rehabilitation work to be financed by the City rehabilitation loan. d. Certain Related Costs. A City rehabilitation loan may include funds to cover certain costs and charges related to processing the loan application and to obtaining security for the loan. (1) Type of Related Costs. A City rehabilitation loan may provide the cost of the following: (a) Appraisal fee. (b) Title reports. (c) Fees for recordation and filing. (d) Abstracting. (e) Termite Inspection. (f) Bank servicing charge. (g) Hazard or flood insurance. (h) Architectural fees. (i) Current accruals for: taxes, insurance, and special assessments. (j) Credit reports. (k) Debtor's life insurance. (1) Lead Based Paint Analysis. (2) Advance of Funds. As necessary, the City may advance funds to pay for appraisal fee, title reports, termite inspection, lead based paint analysis and credit reports prior to formal commitment on the rehabilitation loan application. If the loan is approved, the City shall be reimbursed from the proceeds of the loan at the time of loan settlement. If the loan is not approved, and the application withdrawn, the City advances shall be regarded as eligible project costs. e. General Improvements. A rehabilitation loan which includes funds to cover cost of meeting the requirements of the Rehabilitation Standards may include, in addition, funds for general improvements the owner may wish to perform and can financially afford to do. The maximum dollar amount available for general improvements shall be limited to 40% of the cost of correcting to Rehabilitation Standards, and incipient work. 2. WORK WRITE-UP. The Rehabilitation Officer shall prepare a Deficiency List in naccordance with this manual, to document the rehabilitation work to be financed with the rehabilitation loan. ASSURANCE THAT REPAIRS WILL BE COMPLETED. In some instances the repair costs may exceed a amount o e loan. In such cases, the loan will not be made unless the applicant can provide whatever additional amount is needed to assure completion of the work so that the property will meet at least the Housing Code. 4. LOAN CANCELLATION. Should a loan be cancelled after rehabilitation work has begun due to some unforeseen occurrence, the City reserves the right to withdraw their loan unless the property can be brought up to meet the Iowa City Housing Code. If the homeowner changes his/her mind and decides not to do incipient or general repairs, the loan will be reduced to the actual amount of monev used rather than the full amount. 5. SUPPLEMENTAL FUNDS. When the applicant is furnishing supplementary funs from sources other than the rehabilitation loan, evidence that actual funds are available shall consist of verification and documen- tation by the staff that the applicant can deposit the required amount in a rehabilitation escrow account. 6. COST NOT INCLUDABLE. A Rehabilitation Loan shall not provide for: a. New construction, substantial reconstruction, expansion of the size of a structure, or the finishing of unfinished spaces such as an attic or basement. b. Materials, fixtures, equipment, or landscaping of a type or quality which exceeds that customarily used in the locality for properties of the same general type as the property to be rehabilitated. Appliances not required by the Housing Code. Purchase, installation, or repair of furnishings or trade fixtures. -739 11 CHAPTER 5. LIMITATIONS ON THE AMOUNT OF THE LOAN 1. GENERAL. This section sets forth the eligibility requirements for applicants of the City of Iowa City Rehabilitation Principal Loan program, hereinafter referred to as a Low Interest Loan. 2. MAXIMUM LOW INTEREST LOAN FOR COMPREHENSIVE REHABILITATION. The maximum loan on residential property shall be the lowest amount determined using the following three criteria, regardless of whether the loan is secured or unsecured. a. The actual, approved construction costs. b. $17,500 per dwelling unit. c. An amount which when added to any outstanding indebtedness related to the property, creates a total outstanding indebtedness which does not exceed: 97 percent of the sum of as -is value of the property and estimated rehabilitation costs up to and including $25,000. 90 percent of the next $10,000 and 80 percent of any balance of the sum that exceeds $35,000. 3. MAXIMUM LOW INTEREST LOAN FOR WEATHERIZATION. The amount of home weatherization that an applicant may receive shall be limited by the following: For an applicant whose income and liquid assets are in accord with the established formulas, the loan amount shall not exceed the lesser of: a. The actual (and approved) cost of the repairs necessary to make the property conform to the minimum energy conservation measures. The amount shall be established in accordance with this manual. b. $2,500 Home Winterization Loan. 4. APPLICANT ELIGIBILITY. To be considered for a Low Interest Loan, the applicant must comply with the following criteria: a. Be the owner occupant of an all residential structure containing not more than one (1) dwelling unit and located with the Rehabili- tation Area currently designated for service by the City Council. b. Have maximum adjusted gross income not in excess of the following: 80% of the median income for the Iowa City MSA, as established by the U.S. Department of Housing & Urban Development (HUD) based on the number of persons per household. The Rehabilitation Officer will have the current income chart available upon request. c. Have liquid assets which do not exceed those established for elderly or handicapped persons are shown on the following table which is based on family size and income. (1) Conversion of Assets: When an applicant has assets which are in excess of the maximum liquid asset level, the excess amount may be reduced by applying them toward the actual cost hyo 7 of the rehabilitation of the property. The excess assets must be escrowed to the City of Iowa City to pay for reha- bilitation. 5. ABILITY TO REPAY. An applicant for a Low Interest Loan shall be considered to have an adequate ability to repay the loan if after the loan is made, the following tests can be met: a. A maximum expenditure for housing expenses shall not exceed 35% of the adjusted gross income of the household. Housing expenses include: (1) (2) (3) (4) (5) (6) Principal and interest on mortgage. Principal payments on City of Iowa City rehabilitation loan. Taxes. Utilities Hazard or flood Maintenance. insurance premium. b. A minimum of $2.00 per person per day must remain available for food, clothing, medical expenses, etc., after the fixed monthly expenses for the following have been deleted from the adjusted gross income: (1) Housing expense (2) Automobile payments (3) Life insurance loan (4) Notes payable (5) Mortgages or land contract payments (6) Monthly installment credit accounts (7) Life and health insurance premiums for other real estate 6. All Low Interest Loan promissory notes shall be signed and duly recorded. In addition, all loans in excess of $4,950 shall be secured by a mortgage, duly recorded, naming the City of Iowa City as Mortgagee. 7. TERMS AND CONDITIONS: FOR A COMPREHENSIVE REHAB LOAN a. Terms and Conditi The Maximum term of the Low Interest Loan shall be 15 years, and it shall bear six percent (6%) interest per annum. b. Assignability. The Low Interest Loan is not assignable and shall be due upon sale or transfer of the property. Selling the property by use of a land contract shall constitute a transfer of property and the Low Interest Loan shall be payable in full at that time. c. Repayment and Debt Service. (1) Payments shall be made in 180 consecutive monthly install- ments to a local lending institution designated by the City. Each monthly payment shall be for 1/180 of the original loan amount plus interest. 7yl A (2) The Low Interest loan may be retired in a period of less than 15 years without penalties. d. Service and Closing Costs. The closing costs for a Low Interest Loan may include the follow- ing: (1) Fees for establishing debt service account. (2) Appraisal fees. (3) Title search and abstracting fee. (4) Recording fees. e. Delinquency and Late Payment Penalty. A late payment charge shall accrue on any amounts delinquent by one month or more. The amount will be specified at the loan closing and if altered, the mortgagor will be notified 60 days prior to the effective date. 8. TERMS AND CONDITIONS: FOR A WEATHERIZATION LOAN a. Terms and Conditions. The Maximum term of the Weatherization Loan shall be 5 years, and it shall bear three percent (3Y) interest per annum. b. Assignability. The Weatherization Loan is not assignable and shall be due upon sale or transfer of the property. Selling the property by use of a land contract shall constitute a transfer of property and the Weatherization Loan shall be payable in full at that time. c. Repayment and Debt Service. (1) Payments shall be made in 60 consecutive monthly installments to a local lending institution designated by the City. Each monthly payment shall be for 1160 of the original loan amount plus interest. (2) The Weatherization Loan may be retired in a period of less than 5 years without penalties. d. Service and Closing Costs. The closing costs for a Weatherization Loan may include the following: (1) Fees for establishing debt service account. (2) Appraisal fees. (3) Title search and abstracting fee. (4) Recording fees. 76; e. Delinquency and Late Payment Penalty. A late payment charge shall accrue on any amounts delinquent by one month or more. The amount will be specified at the loan closing and if altered, the mortgagor will be notified 60 days prior to the effective date. 7y3 10 CHAPTER 6. PROCESSING AND SUBMISSIONS FOR A REHABILITATION LOAN 1. REHABILITATION LOAN ON RESIDENTIAL PROPERTY. The material under this heading is in connection with a rehabilitation loan on residential property that by itself or in conjunction with funds to be provided by the applicant, is sufficient to accomplish the required rehabilita- tion. a. Outline of Rehabilitation Staff Functions. Listed below are the functions to be performed by the Rehabilitation Staff for a rehabilitation loan on a residential property. Regardless of the sources of funds to rehabilitate a property, the Rehabilitation Staff shall assist the property owner by performing functions (1) through (7) listed below: (1) Interview and advise the property owner on the general program objectives for the project area, and explain the application form must be completed in full. (2) Advise the applicant on the availability and benefits of a rehabilitation loan, and on other Federal and private programs and resources for financing rehabilitation. (3) Inspect the property. (4) Prepare a Deficiency List and cost estimate of the rehabili- tation work. (5) Financial interview by Rehabilitation Officer to determine eligibility of the applicant for a rehabilitation loan. (6) Determine what items in the Deficiency List will conform to purposes for which a rehabilitation loan may be used. (7) Advise applicant concerning the conditions under which a rehabilitation loan is made. (8) Obtain following information with respect to the applicant for all residential properties: (a) Verification of Mortgage or Deed of Trust from each holder of lien secured by the property. (b) Credit report from recognized credit bureau. (c) Verification of employment. (d) Statement of verification of other earnings. (e) Verification of deposits. (9) Make a preliminary evaluation of ability of applicant to repay indicated loan amount. (10) Final consultation with applicant on preliminary Deficiency List and cost estimate to reach agreement on work to be done within applicant's ability to repay. 11 (11) Prepare final Deficiency List. (12) Request as -is appraisal. (13) Encourage applicant to obtain an acceptable bid. If appli- cant is unable to locate an acceptable contractor, a listing of past participant contractors will be provided. (14) Take "before" pictures. (15) Assign loan number and set up separate file for each case. (16) Deliver case to Director for submission to Housing Commission for conditional commitment. Include the following papers and/or forms: (a) As -is appraisal. (b) Two (2) copies of accepted bid. (c) "Before" pictures. (17) Order abstract update and legal opinion, if applicable. (18) Complete CDR -7630 or CDR -7632. (19) Determine that through the rehabilitation loan the property will conform to the Iowa City Housing Code requirements. If additional financing is required, assist applicant in obtaining the needed funds. (20) Deliver to Director for submission to the Housing Commission for firm commitment (loan approval). Include the following as applicable: (a) CDR -7630 or CDR -7632. (b) Credit Report (original). (c) Verification of Deposit(s) (original). (d) Verification of employment(s) (original). (e) Verification of Income from Other Sources (original). (f) Verification(s) of Mortgage or Deed of Trust (origi- nal). (g) Copy of Deed. (h) Current balance sheet, operating statement and/or most recent copy of tax returns if applicant is self-em- ployed. (i) City Attorney's opinions. 7VS 12 (21) When the firm commitment has been received by the Rehabilita- tion Officer, advise applicant and loan servicing agency and set date for the settlement of the loan. (22) Along with 20(a) through (i), include for the retention at closing, the following: (a) Hazard insurance policy on property (Flood Insurance if applicable). (b) Copy of payment schedule breakdown. (c) Copy of agreement on low interest loan. (d) Debtor's life insurance policy, if applicable. (23) Prepare "Request for Loan Account," and hold in file until date certain. (24) On date certain, pick up the applicant, or meet at designated loan closing location and assist in getting all necessary papers signed. (a) Have applicant(s) sign: 1. All copies of construction contract. 2. Proceed order. 3. Promissory note or mortgage. (b) Provide in writing and explain to the borrower the amount of their monthly payments and when the first and all subsequent payments are due. (Truth in Lending Disclosure Statement.) (c) Staff will explain their responsibility in recording all security instruments. (d) Continue abstract and return to the City Attorney for final opinion. (e) _Record promissory note or mortgage at Courthouse. (f) Deposit borrower's supplemental funds in escrow account. Borrower will be given receipt with photocopy of check. (25) Assure compliance with equal employment opportunity require- ments. This is a continuing responsibility until the work is completed. (26) Inspect the rehabilitation work and make progress payments, if provided in construction contract. (27) Make final inspection of completed rehabilitation work. (28) Issue Form CDR -7645, "Certificate of Final Inspection." 7y� 13 (29) Take "after" pictures. (30) Obtain from contractor guarantee of work, manufacturers' and suppliers' warranties, and release of liens from the general contractor, subcontractors and suppliers prior to final payment for rehabilitation work. (31) Request final payment to contractor for completed rehabilita- tion work. (32) Place in the file, the following papers and/or forms: (a) Copy of signed promissory note, if applicable. (b) Copy of signed and recorded mortgage, if applicable. (c) Copy of firm commitment signed by authorized City employee. (d) Copy of City's Request for Loan Account, CDR -7636. (e) Copy of all lien waivers. (33) Make follow-up inspection of rehabilitation work. b. Disapproval of Loan Application. Disapproval by the Housing Commission for any loan application constitutes a formal turn down and the Rehab Officer shall advise the applicant accordingly and properly document the file. In the case of special or extenuating circumstances, the Rehabilitation Officer may ask the Housing Commission to re-examine an application along with the documenta- tion necessary to support the request for reconsideration. c. Applicant CancelsLoan Application. In the event the applicant chooses to cancel the loan application prior to Date Certain, the Rehab Officer shall prepare CDR -7630C and obtain the applicant(s) signature(s). If the applicant(s) refuses to sign, the Rehab Officer shall document this refusal by so indicating on the CDR -7630C by a settlement signed by the Rehab Officer. 3. DOCUMENTATION FOR LOAN ON RESIDENTIAL PROPERTY. This material sets forth required documentation in conjunction with an application recommended for approval by the Rehabilitation Officer for a rehabili- tation loan on residential property. The forms and other documentati- on to be included with the application by the Rehabilitation Officer to the Housing Commission are listed in paragraph 1. Instructions concerning some of the documents listed are as follows: a. Application Form. (1) If a rehabilitation loan is to be supplemented with a rehabilitation grant, CDR -7630 will also be completed. (2) Each applicant shall be given a copy of Form CDR -7631. -7y7 14 b. Verification of Employment. Include a completed CDR -7633 "Request for Verification of Employment" for each position held within the last 12 months. Verifications of employment must be completed on all persons whose signatures will appear on the promissory note and mortgage. C. Verification of Deposits. CDR -7634 must be completed for each checking and or savings account listed by the applicant(s). d. Verification of Income from Other Sources. Verify all other income received by the applicant(s), such as pensions, social security, ADC, disability benefits, rentals, income from care of foster children, interest on investments, etc. If the principal source of income of the applicant(s) is from his own business, include a currently dated balance sheet and operating statement, or a copy of his most recent tax return. e. Verification 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. (1) Obtain a written credit report from the Credit Bureau. g. Construction Contract Document. See Chapter 13. h. Ownership Data. The Rehabilitation Officer shall make a prelimi- nary informal determination 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. i. Rehabilitation Loan Involving a Land Sales Contract. All land sales contracts must be refinanced or retired before an applicant can apply for a Law Interest Loan. 7y° 15 CHAPTER 7. LOAN SETTLEMENT 1. GENERAL. This chapter sets forth the staff responsibilities with respect to a City of Iowa City rehabilitation loan for: (a) preparing for loan settlement; (b) completing loan settlement; and (c) carrying out post settlement activities. 2. PREPARING FOR LOAN SETTLEMENT. The following actions shall be taken in preparation for loan settlement: a. Establish a date certain for loan settlement that allows a minimum of 15 days for processing. b. Prepare Form CDR -6236 for a loan encumbrance to be dated the date certain. c. After the loan encumbrance is requested, the Rehabilitation Officer shall promptly take the following actions: (1) Prepare a promissory note (original) in accordance with the form of promissory note approved by the City Attorney's Office. (2) If the loan is to be so secured, prepare a mortgage (origi- nal) in accordance with the form of mortgage approved by the City Attorney's Office for use in this Housing Rehabilitation program. (a) For a loan under $5,000, recheck the ownership informa- tion in the case file. (b) For a loan of $5,000 or more, arrange for updating the title report to the date certain. (3) Prepare a proceed order to be signed by the borrower at settlement. For a secured loan, the executed proceed order shall be retained by the Rehabilitation officer for five working days from the date of signing in order to give the borrower time to exercise his rights of rescission under the Truth in Lending Act. (4) Instruct the borrower to obtain: (a) Original and memorandum copy of insurance policies for fire and extended coverage that provides coverage in accordance with the local coinsurance clause percentage of the value of the property, or an insurance binder or other evidence of insurance. (b) Original or certified copy of receipt for payment of initial or current insurance premium, whichever is applicable. (5) Make arrangements for loan settlement on the date certain. 3. DELAY IN LOAN SETTLEMENT. Loan settlement shall be effected on the established settlement date, provided that the approved Form CDR -6236 and the loan check have been received from the Finance Department. If —%7 16 for any reason loan settlement cannot be accomplished on the estab- lished date, it shall be accomplished as soon thereafter as possible. Such later settlement shall, with the written consent of the borrower, be effected as of the originally established settlement date. In the absence of that written consent, the loan check must be returned to the Finance Department. The Rehabilitation Officer shall then set a new settlement date and shall prepare and submit to the Finance Director a new Form CDR -6236 (original and one copy) with the new date certain specified thereon. 4. COMPLETING LOAN SETTLEMENT. The Rehabilitation Officer shall proceed with oan settlement on the date certain as follows: a. Review the approved Form CDR -6236 with the borrower. If applica- ble, emphasize that the borrower must include not only in his/her first monthly payment, but also in his/her subsequent monthly payments, an amount for accrued escrow expense account items. b. Secure the borrower's signature in block M of each of the three copies of Form CDR -6236, and witness the signature. c. Secure the borrower's signature on the original promissory note. d. If applicable, secure the borrower's signature on the original mortgage or deed of trust. e. If necessary, review with the borrower the copy of Form CDR -7631, which was previously given to him before he signed the application form CDR -7630. f. Obtain opinion of City Attorney (original) concerning the legality and sufficiency of the executed promissory note and, if any, the mortgage or deed of trust. The City Attorney shall participate in any proceedings as may be necessary to assure the legal validity of the loan application. g. Obtain from the borrower the required fire and extended coverage insurance policies and premium payment receipts. h. Obtain from the borrower evidence of current tax and special assessment payments in the form of most recent receipts. i. Secure the borrower's endorsement on the loan check. j. Advise the borrower with regard to: (1) Name of the loan servicer to whom monthly payment checks shall be made payable, where to send the first and subsequent monthly payments, and the obligation to remit the first monthly payment even though the borrower may not receive a payment notice. (2) Need to make all monthly payments on the date due to avoid legal action. k. If applicable, obtain check from borrower to cover accrued escrow expense account items. The check shall be forwarded to loan servicing agent. 17 Obtain borrower's signature on proceed order and hold until it is evident that the borrower does not intend to cancel the loan in accordance with the Truth in Lending Act. POST SETTLEMENT. The Rehabilitation Officer shall record all recordable instruments and obtain evidence of recordation promptly after completing loan settlement. The Rehabilitation Officer shall prepare a transmittal letter (original and one copy) to the local lender under contract to the City for loan servicing. Preparation and release of the original and copies of the transmittal letter and accompanying. documents shall not be delayed, pending receipt of the recorded instruments and evidence of recordation. -751 I& APPENDIX 1. GUIDE FORM OF TRANSMITTAL LETTER FOR TRANSFER OF REHABILITATION LOANS TO SERVICE AGENT Gentlemen: Exhibit A The following City of Iowa City rehabilitation loans have been settled and are being transferred to you for loan servicing in accordance with the agreement between the City of Iowa City and your lending institution. For each loan listed below, there are enclosed, as applicable, checks to cover accrued escrow expense account items for the following loans: The first monthly payment for each loan listed below is due , 19 , and the amount of the first monthly payment and subsequent monthly payments for each loan is indicated on the corresponding Form CDR -6236. The following loans are covered by this transmittal: Loan Number Name of Borrower Amount of Loan Type of Loan Securit (Signature of Rehabilitation Officer) e Enclosures �5� 19 CHAPTER 8. LOAN CLOSEOUT 1. GENERAL. This chapter sets forth the staff responsibilities for loan closeout and transmittal of related documents for a rehabilitation loan. 2. DISPOSITION OF FUNDS STATEMENT. After all funds have been disbursed from the rehabilitation escrow account and the account has been closed, the Rehabilitation Officer shall prepare a Disposition of Funds Statement in which the Rehabilitation Officer shall account for the disposition of the full loan amount and any other funds deposited in the rehabilitation escrow account for the borrower. 3. TRANSMITTAL REQUIREMENTS. After final payment for all rehabilitation costs and after c 7sing the borrower's account, the Rehabilitation Officer shall transmit the documents prescribed below to the borrower and the Finance Department, in accordance with the following: a. Transmittals to Finance Department. (1) Disposition of funds (copy). (2) Contractor's final invoice. (3) Form CDR -7645 (copy). (4) Release of liens. b. Transmittals to Borrower. (1) Disposition of funds (copy). (2) Form CDR -7645 (original). -7 53 20 CHAPTER 9. TERMS AND CONDITIONS UNDER WHICH REHABILITATION LOANS ARE MADE GENERAL. This chapter sets forth City requirements with respect to terms and conditions to which an applicant must agree in order to obtain a rehabilitation loan. REHABILITATION LOAN CONDITIONS. The specific terms and conditions with respect to rehabilitation loan to a residential property are incorporated in Form CDR -7631, the mortgage or other security instru- ments as applicable, and the promissory note. a. Cancellation Provision. Under paragraph 3 of Form CDR -7631, concerning the City's right to cancel a loan if within 60 days from the note's execution the rehabilitation work has not com- menced, the City may extend the 60 -day period by not more than 30 days, due to unforeseen and extenuating circumstances. b. Additional Extension. The Rehabilitation Officer shall not grant any further extensions of time without prior written concurrence by the Director, Department of Planning & Program Development. If the loan is to be canceled because of failure to begin anticipated rehabilitation work within the allowed period of time, the Rehabilitation Officer shall initiate cancellation. INTEREST RATE. The interest rate to the borrower for a comprehensive rehabilitation loan shall be six percent (6%) per annum. A weather- ization loan shall be three percent (3%) per annum. TERM OF LOAN. The maximum term for a City rehabilitation loan shall be 15 years for comprehensive rehabilitation and five years for a weatherization loan. POINTS OF AGREEMENT. The applicant shall agree, as required by the related documents, to abide by the following terms and conditions. a. Civil Rights. Comply with all Federal and City requirements with respect to the Civil Rights Act of 1964 and the Civil Rights Act of 1968, to not discriminate upon the basis of race, color, creed, religion, national origin, age, sex, marital status, disability and sexual orientation, presence or absence of dependents, or public assistance source of income, in the sale, lease, rental, use or occupancy of the subject property. b. Use of Proceeds. Use the loan proceeds only to pay for costs of services and materials necessary to carry out the rehabilitation work for which the loan will be approved. Completion of Work. Assure that the rehabilitation work shall be carried out promptly and efficiently through written contract. Ineligible Contractors. Not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the loan to any contractor, who, at the time, is ineligible under the provision of any applicable regulation issued by the Secretary of Labor to receive an award of such contract. -7Sy 21 e. Inspection. Permit inspection by the City or its designee of the property, the rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work. f. Records. Keep such records as may be required by the City with respect to the rehabilitation work. g. Interest of Certain Officials. Not permit any member of or Delegate to the Congress of the United States, and no Resident Commissioners, to share in any proceeds of the loan, or to any benefit to arise from the same. h. Bonus, Commission, or Fee. Not pay any bonus, commission, or fee for the purpose of obtaining the City's approval of the loan application, or any other approval or concurrence required by the City or its designee to complete the rehabilitation work, financed in whole or in part with the rehabilitation loan. i. Interest of the City. Allow no member of the governing body of the City who exercises any functions or responsibilities in connection with the administration of the concentrated rehabilita- tion project, and no other officer or employee of the City who exercises such functions or responsibilities to have any direct interest in the proceeds of the rehabilitation loan, or in any contract entered into by the applicant for the performance of work financed, in whole or in part, with the proceeds of the rehabili- tation loan. j. Preservation of the Security. Maintain the property at the he Reha requirements of tbilitation Standards level and permit the City or its designee to inspect the property during the term of the loan. k. Hazard Insurance. Maintain hazard insurance on the property with a loss payable clause to the City as applicable. 1. Transfer of the Property. Not sell, or transfer the property without repaying the entire loan, unless prior written consent of the City is sought and received. m. Loan Security Requirements. Provide security for the loan, the form oT a mortgage, on the property, if applicable. n. Debtor's Insurance. Maintain a debtor's life insurance policy in the amount of the mortgage or lien as applicable. o. Flood Insurance. If property is located in a designated flood hazard area, the owner agrees to: (1) Purchase the requisite flood insurance coverage. (2) Renew and maintain the coverage so that the flood insurance policy does not lapse during the term of the loan. (3) Provide proof of insurance coverage to the City. -755 22 CHAPTER 10. FUNDING OF INDIVIDUAL LOANS AND MANAGEMENT OF ACCOUNTS 1. GENERAL. This chapter sets forth policies for funding the individual loan and also the policies for City management of loan funds. 2. FUNDING REPAIR LOANS. When an application for financial assistance has been processed and approved, the staff shall enter the total amount of assistance in the program account ledger as encumbered monies. The staff must be certain that adequate funds are budgeted and uncommitted before processing applications for loans. Program budgets will be established annually by the City Council according to local, state and federal funding availability. 3. FUNDING REPAIR PROJECTS SUPPLEMENTED BY PRIVATE FUNDS. When supple- mental funds are utilized to complete a project, these funds are collected when the application is approved and deposited into the program account awaiting disbursement. An entry of fund receipt shall be made in the program account ledger. The Iowa City Department of Finance is responsible for depositing the check and reporting the transaction in the department computer printout by case number and finance program. 4. MANAGEMENT OF THE REPAIR LOAN AND SUPPLEMENTAL FUNDS ACCOUNT. All private repair program funds shall be deposited in a non-interest earning bank account. Accounting records will be maintained to keep private funds separate from other City funds. a. _Separate Case Numbers for Each Program Participant. The Rehabili- tation Officer will assign case numbers to each program applicant. The accounting computer printout will log all credits and debits according to assigned case numbers. Disbursements of Repair Funds. Disbursements from repair funds will be authorized by the Director of Planning and Program Development. A check request will be prepared and submitted to the Department of Finance properly identifying the case number and expenditure. The Rehabilitation Officer will maintain a file of all invoices and receipts. The Department of Finance will prepare a check, as directed, payable to the applicant/borrower and the payee for the following purposes, as may be appropriate: (1) Make progress and final payment for rehabilitation work. Progress payments are limited to 80% of the value of the work satisfactorily completed. (2) Pay for insurance binder, if required. (3) Reimburse the City for advanced loan expenses. (4) Closeout individual rehabilitation accounts by appropriately disbursing any unutilized funds remaining in the rehabilita- tion account. A check to return to the applicant/borrower unutilized funds in the rehabilitation account shall be made payable to the appli- cant/borrower only. -754 23 c. Transmittal of Checks. The Rehabilitation Officer shall secure the endorsement of the grantee on checks payable to the grantee and the payee. The Rehabilitation Officer shall transmit the endorsed check to the payee. Checks which include any amounts previously withheld from progress payments shall be accompanied by an explanation of the computation. d. Disputes. In the event a dispute exists between the homeowner and the contractor with respect to the repair work, the Rehabilitation Officer shall take appropriate action in accordance with the pro- visions of the construction contract to assure that the parties are satisfied before making any payment to the contractor. e. Ad'ustment and Closeout of the Case Account. Usually disburse- ments made for t e purposes stated under paragraph 2 will closeout the case account. However, if unutilized funds remain in for individual cases because the actual repair costs were less than anticipated or for other reasons, the unutilized funds shall be disbursed as follows: (1) If all the funds were provided by a rehabilitation loan, the unutilized funds shall be disbursed to apply to the principal amount of the loan. A check to be applied to the rehabilita- tion loan amount shall be made payable jointly to the borrower and the lender, and transmitted with instructions that the check shall be applied to the reduction of the loan's principal balance. (2) If the loan was supplemented by private funds, the unutilized funds, up to the amount of the private contribution, shall be disbursed to the homeowner at his option. -757 24 CHAPTER 13. PROPERTY APPRAISAL 1. GENERAL. An appraisal is required for every property to be rehabilitated with a rehabilitation loan. The type of appraisal varies depending on whether the loan involved is secured or unsecured. For a rehabilitation loan on residential property an as -is appraisal is required. An as -is appraisal is defined as the highest price which a property will bring, if exposed for sale in the open market, allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used. The value sought presup- poses all cash to the seller, with the purchaser financing the transaction by the most advantageous means and terms generally available throughout the entire city. The value must also take into consideration the neighborhood upgrading expected as a result of the Neighborhood Revitalization Plan or local code enforcement program. APPRAISAL FOR REHABILITATION LOAN. The Rehabilitation Officer should make a preliminary evaluation to ascertain the loan approval is likely, before requesting an appraisal. Appraisal by City Staff. For loans under $5,000 the appraisal shall be made whenever possible by City staff. (1) The appraisal information shall be recorded on Form CDR -7632, completed in its entirety and signed by an authorized member of the staff. This action will confirm the City's acceptance of and concurrence in the report. The completed Form CDR -7632 shall be retained in the case file. The estimates of value, remaining economic life, and age of structure shall be entered in the spaces provided on Form CDR -7630. Appraisal by Independent Appraiser. For loans of $5,000 or more, the Rehabilitation Officer shall obtain an appraisal from an independent FHA -approved appraisal agency. —7�9 25 CHAPTER 12. DETERMINING WORK TO BE DONE WITH A REHABILITATION LOAN 1. GENERAL. This section sets forth the responsibilities of the Reha- bilitation Officer for determining the repair work necessary to bring a property into conformance with the requirements for a home rehabili- tation program and for providing assistance in the repair of the property. In carrying out these responsibilities, the Rehabilitation Officer shall: a. Inspect the property. b. Make a preliminary deficiency list and cost estimate of the work to be done. c. Consult with and advise the owner on the work to be done and the availability of a rehabilitation loan. d. Prepare a final deficiency list and cost estimate as the basis for a loan and for contracting for the repair work. 2. WORK WRITE-UP AND COST ESTIMATE. A deficiency list and cost estimate is a statement prepared by the Rehabilitation Officer based on the property inspection report that itemizes all the repair work to be done on the property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work. � S9 26 CHAPTER 13. CONTRACTING FOR REPAIR WORK 1. INTRODUCTION. This chapter sets forth requirements and procedures with respect to construction contracts for repair financed through a Rehabilitation Loan. Repair work shall be undertaken only through a written contract between the contractor and the recipient of the loan. Whenever possible the owner shall be encouraged to obtain their own bids and enter into the repair contract with little or no City involvement. The Rehabilitation Officer shall assist each applicant as needed, in arranging for and obtaining an acceptable construction contract. a. Form of Contract. The construction contract shall consist -of a single document form provided by the City and signed by the con- tractor and accepted by the homeowner, only following approval of the repair loan. It shall contain a bid and proposal by the contractor. b. Procurement of Bids. An acceptable contractor's bid and proposal must be obtained before the Director approves Form CDR -7630 for the repair loan. 2. GENERAL CONDITIONS. The Rehabilitation Officer shall prepare "general conditions" for use in all construction contracts for the repair of the property. 3. SPECIFICATIONS AND DRAWINGS. A deficiency list and illustrative sketches, if any, covering the specific repair work for each property on which a repair loan will be made shall be prepared by the Rehabili- tation Officer. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, and to avoid misunderstandings with the bidder. The deficiency list and drawings shall be based on the inspection of the property and interviews, as indicated, with the applicant. The deficiency list shall clearly establish the nature of the work to be done and the material and equipment to be installed. 4. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL. a. Contractor Selection. The owner shall be asked for the name of a contractor he/she would like to bid on the repair of his/her prop- erty. If the owner does not know of a contractor, the staff shall provide the property owner with two contractor names from the list of contractors maintained at the Department of Planning and Program Development. b. Invitation to Bid. Once the contractor has been selected accord- ing to paragraph 4a. above, the homeowner shall contact the selected contractor and invite him/her to bid the proposed repair. The homeowner shall negotiate with the contractor to obtain an acceptable bid. c. Bid Review. Upon receipt of the bid proposal from the bidding contractor, the homeowner shall review the bid for completeness and accuracy making special note to assure that the deficiency list has been adhered to. 27 Acceptable Bid. An acceptable bid is one that upon review under 4c. above is not in excess of 10% of the Rehabilitation Officer's estimate. The bidding contractor shall provide a cost for each repair item. If the costs are not acceptable, the Rehabilitation Officer shall work with the homeowner and contractor to negotiate a cost that is reasonable and acceptable to all parties. Maintenance of the Contractor's List. (1) The Rehabilitation Officer shall be responsible for maintain- ing a list of all contractors including minority and female contractors who have expressed an interest in bidding on repair construction and who can provide the following as contained on Form CDR -7946: (a) Adequate active liability insurance. (b) The name of his/her company bank. (c) the names of his/her usual subcontractors. (d) The names of his/her principal suppliers. (e) The names and addresses of at least two (2) recent residential repair or construction jobs. (f) Iowa City contractor's license as applicable. (2) The Contractor List shall be maintained in a conspicuous place within the Department of Planning and Program Develop- ment office, open to public review. The Contractor List shall be grouped according to the category of specialization the contractor requests to be listed (e.g. general contrac- tors, electrical, plumbing/heating, masonry, dry wall, etc.). 6. AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having the applicant for the loan properly execute the contract with the assistance of the Rehabilitation Officer. Issuance of Proceed Offer. At the time the award is made, the Rehabilitation Officer shall remind the applicant and the success- ful contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed order, within the number of days stated in the general conditions of the contract from the date of the award. Upon award of the contract, the homeowner shall notify unsuccessful bidders that they have not been awarded the contract. b. Award within 30 days of Cutoff Date. In order for the bid and proposal to be binding, the award shall be made within a period of 30 days from the cutoff date established by the homeowner for the receipt of the bid and proposal, unless a later date is agreed upon in writing. `7461 Contract Award. The ward of a construction contract shall be accomplished by the owner executing the original and two copies of the contract documents. The homeowner shall distribute the execute contract to documents as follows: (1) Executed original retained by homeowner. (2) Executed copy to contractor. (3) Executed copy to the City of Iowa City in care of the Reha- bilitation Officer. LABOR PERFORMED BY OWNER IN REPAIRING PROPERTY. Type of Work and Skill of Owner. A property owner may complete some or all of the tasks required to repair his/her property, if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean-up, demoli- tion of small buildings on a property, removal, cartage, and disposal of the debris, and for work that involves minimal use of costly materials and equipment. Work of a skilled nature and work involving the extensive installation of costly materials and equipment are appropriate if the Rehabilitation Officer is assured the property owner has the ability and experience required to do the work properly without supervision or that he/she has suffi- cient skill to do the work properly with technical advice and guidance from the Rehabilitation Officer. b. Provision for Self -Help in Loan. Whenever self-help is necessary, indicate or desired and the Rehabilitation Officer considers that with or without technical assistance and guidance a property owner will be able to perform the work in a reasonably acceptable and expeditious manner, he/she may process an application for a loan on that basis. In such a case, the amount of the loan would provide funds to pay for the materials and equipment to be installed by self-help, as well as an additional funds needed to pay for other work to be performed by a contractor. The loan shall not include funds to pay the owner or members of his/her fam—fir their labor. Further, the Rehabilitation Officer must exercise good judgement and prudence as to avoid a situation in which an owner could place himself or herself in financial difficulty through improper use, installation or even destruction of the materials and equipment purchased with loan funds. For this reason, the owner should understand that the proceeds of a loan to pay the supplier for materials and equipment involved in a self-help will be disbursed from the loan account by the staff, only after they have been properly installed. -U ;L 29 CHAPTER 14. INSPECTION OF REPAIR WORK GENERAL. This chapter sets forth the requirements for the inspection of repair work financed in whole or in part with a rehabilitation loan. RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitation Officer shall make inspections of construction work in cases involving a repair loan. To accomplish this, the Rehabilitation Officer shall make: (1) Compliance inspection, as necessary, to assure that the construc- tion work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work has been completed in accordance with construction contract. The Building Inspector and any specialists from the Building Inspec- tion Division, as may be required, shall accompany the Rehabili- tation Officer on the final inspection and shall provide the Rehabilitation Officer with a written report of their findings. 3. INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in accordance with the following: Inspections. Upon completion of the repair work and receipt of the contractor's invoice containing his certification of satisfac- tory completion of the work in accordance with the contract and his/her warranty, the Rehabilitation Officer shall arrange for inspection of the completed work. Making Payments. When the inspection determines that the work is satisfactorily completed in accordance with the contract, the homeowner shall be advised to obtain from the contractor a release of liens and a copy of each warranty due the owner for the work. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, the homeowner shall make payment. CERTIFICATION OF FINAL INSPECTION. After the Rehabilitation Officer determines that the rehabilitation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Form CDR -7945 (original and one copy). Distribution. Form CDR -7945 shall be distributed as follows: (1) Signed original to the property owner. (2) Signed copy to the property file. Coordination with Contractor. When some of the repair work is to be performed through self-help and the remainder is to be com- pleted by the contractor, the Rehabilitation Officer should assure that the work is accomplished by each of them so as not to interfere with or jeopardize the other's work. In cases where a separation in the timing of the work is not feasible, the Reha- bilitation Officer should urge the owner and the contractor to make their own arrangements on the timing, so that each may do -A3 his/her work without done by the other. protected if work to before the contractor help avoid claims by may claim are caused when all work is fini loan requirements. OTHER PROVISIONS. 30 causing any interference In all instances, the ow be performed through sel starts his/her work. S the contractor for extra by the self-help efforts shed, the property will The Contractor Shall: Indemnify and hold owner's employees and the City employees and all liability, loss, cost, damage, reasonable attorney's fees and court arising out of, or inc suits based upon or a property damage rising operations under this himself/herself or by indirectly employed by obtain insurance for t ests of the owner and file with the owner and in the work to be ner will be better f -help is completed uch completion will s or damages he/she and will assure that comply with the City harmless the owner, the and officials from any and expense (including costs) resulting from, urred by reason of any cl lleging bodily injury, in out of or resulting from contract, whether such any subcontractor or by a either of them. The his purpose, which shall the City as the same shall the City certificates of aims, actions, or eluding death, or the contractor's operations be by nyone directly or contractor shall insure the inter - appear, and shall such insurance. Correction of Faulty Work after Final Payment. The approval of the Request for Payment by the Rehabilitation Officer and the making of the payment by the owner to the contractor shall not relieve the contractor of responsibility for faulty materials or workmanship. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work performed by the contractor is covered by a one-year guarantee but property owners are not always aware that, for a period of one year, they may require the contractor to correct significant defects and inadequacies in the work performed under this contract. For this reason, the Rehabilitation Officer shall inform the owner of the guarantee requirements upon completion of the contract. The contractor must be given written notice with reasonable promptness. Should the contractor fail to answer or correct the defect(s) within a reasonable time, the City, at owner request, will assist owner in the following manner: (1) Staff members of the Department of Planning and Program Develop- ment will investigate the complaint. (2) If the staff finds the complaint to be invalid, owner will be so notified. (3) If the staff finds the complaint to be valid, the homeowner will direct the contractor to take necessary corrective action within a specified length of time. (4) If the contractor complies, the staff will reinspect the work and, if it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. -76Y 31 (5) If the contractor fails to respond to the request within the specified length of time, the staff, upon owner request, will prepare a letter for owner's signature notifying the contractor a second time that unless the complaint is abated by a specified time, a formal complaint will be filed with the City Attorney for appropriate action. (6) If the contractor fails to respond to the request for correction within the time specified: (a) The homeowner will take any necessary action to have the defects corrected, including but not limited to paying the reasonable costs of correcting work or materials determined by the homeowner to be defective. (b) The contractor may be prohibited by the City from contract- ing any other repair work under any loan program admini- stered by the City. 7. REHABILITATION OFFICER - OWNER - CONTRACTOR RELATIONS. Rehabilitation Officer's Resoonsibilitv and Authorit The Rehabilitation Officer shall observe the work on behalf of the City and will provide general assistance during construction insofar as proper interpretation of the loan requirements is affected. The Rehabilitation Officer and owner shall decide, when necessary, any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, interpretation of work items on the Deficiency List and all questions as to the acceptable fulfill- ment of the Contract on the part of the Contractor. The Rehabilitation Officer will not be on the construction site at all times and as such cannot be responsible for the acts or omissions of the contractor or his/her employees. For the same reason, acceptance by the homeowner or the City of the contractor's work performed, does not release the contractor from the responsibility to provide quality performance on all contract specifications. —7t,0J 32 CHAPTER 15. APPLICANT'S INCOME 1. GENERAL. This chapter sets forth the basis for establishing an applicant's income for the purpose of a rehabilitation loan on a residential property, and takes into account the variations applicable to different types of applicant's and properties, and special consid- erations related to the type of project area in which the property is located. 2. TYPE OF APPLICANT. In order to determine the purpose and amount of a rehabilitation loan, an applicant is identified as either an owner -occupant of a one- or two -dwelling unit property or an inves- tor -owner. For purposes of determining an applicant's income, an applicant must be identified additionally, either as a person or other legal entity, as defined below. a. Person. The term "person" means one or more natural persons who either hold legal title to, or occupy under a land sales contract, a property to be rehabilitated. b. Other Legal Entity. The term "other legal entity" means nay legal entity other than a "person", such as a partnership or corporation that holds legal title to a property to be rehabilitated. Any "other legal entity" within the meaning of this definition is also an investor -owner. 3. SOURCES OF FUNDS AND AMOUNTS COMPRISING APPLICANT'S INCOME. The following is a listing of the elements comprising income for purposes of a rehabilitation loan. Exclusions from income applicable in special circumstances are stated in paragraph 5 below. a. Portion of Income Derived from Rental Units. If the property contains more than one dwelling unit after rehabilitation, that portion of an applicant's income that is derived from the property shall be reported on Form CDR -7630, block D, line 4, as a net figure determined as follows: (1) Net Income. The net income from the rental units in the owner -occupied property to be rehabilitated is the gross rental income, less expenditures allocable to the rental units. These allocable expenditures including payments, on the basis of an average of one or more years for mortgage or land contract principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, and other cash expenditures for the property such as advertising vacancies. If the applicant has not owned the property for one or more years, the Rehabilitation Officer shall estimate the income and expenditures on the available experience. (2) Allocation of Expenditures to Rental Units. The allocation of expenditures to the rental units may be established by dividing total monthly expenditures for the entire property by the number of units in the property. The result is the shared expenditures allocable to the owner -occupied dwelling units, which when subtracted from the expenditures for the entire property, produces the monthly expenditures allocable 33 to the rental units (i.e., often units are rented with heat and water but under separate electrical meters; in these cases, the heat and water are shared expenses but the electrical cost to the tenants is not part of the building expense). (3) Net Rental Income on Form CDR -7630. The monthly expenditures allocable to the rental units, subtracted from the gross rental income from the property, produces the net rental income to be entered on CDR -7630, block D, line 4. b. Portion of Income Derived from Roomers. If the property contains rooming units, that portion of an applicant's income that is derived from roomers shall be reported on Form CDR -7630, block D, line 4, as a net figure determined as follows: (1) Net Income. The net income from the roomers in the owner -occupied property to be rehabilitated is the gross rental income, less expenditures including payments, on the basis of an average of one or more years for mortgage or land contract principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, and other cash expenditures for the property for one or more years, the Rehabilitation Officer shall estimate the income and expenditures on the available experience. (2) Allocation of Expenditures to Roomers. The allocation of expenditures of the roomer may be established by determining the percentage of floor space that is used exclusively by the roomer(s). The allocable expenditures shall be reduced by the percentage of floor space as calculated above. c. AA�plicant Who Is a Person. Income of an applicant who is a person' includes the income of the applicant and his/her family. The applicant's family includes the applicant and any other person or persons related by blood, marriage, or operation of law, who share the same dwelling unit. If ownership of the property rests in more than one person, the applicant is each owner and family. The applicant's income, therefore, is the sum of the family incomes of all applicants. An applicant's income is established on an annual basis, at the time of applying for a rehabilitation loan, and includes: (1) The applicant's earnings. (2) Spouse's earnings. (3) Other family members living in the home, if their employment is a definite characteristic of family life. Excluded is the income of an adult family member, other than the applicant and spouse, who does not have an ownership interest in the property, but included are any funds -767 34 contributed or paid to the family, on a regular basis by an excluded adult family member (such as room and board, rent, etc.) Excluded are incomes of those under 18 or full-time students or mentally or physically disabled dependents. (4) Other income regularly received by applicant or his family. (5) Net income from real estate, other than the property to be rehabilitated, and any other net business income. (a) Gross rental income, and (b) On the basis of an average or experience for two or more years, expenditures for mortgage principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, ground rent, and other cash expenditures for the property, such as advertising vacancies. If the applicant has not owned the property for two or more years, the staff shall estimate the income and expendi- tures on the available experience. 4. REPORTING OF APPLICANT'S INCOME. The applicant's income is reported on the application form submitted by the applicant, as follows: a. Rehabilitation Loan. The applicant's income shall be reported on Form CDR -7630. (1) Owner -Occupied Property. The applicant's income with respect to a rehabilitation loan on an owner -occupied property shall be reported on Form CDR -7630, as follows: The gross rental income from the property to be rehabilitated shall be included in block D, line 5, "Gross Income from Real Estate"; and the expenditures in block E, "Monthly Housing Expense", on lines 1 through 9, as appropriate. 5. EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME a. Loans. Deduct the following amounts from gross income: (1) $480 per child per month (child must be living in the home, under 18 years of age, or full-time student dependent). (2) Deduct 10% of gross income for taxes (persons not retired or disabled), OR see (3). (3) Deduct 25% of retirement benefits, disability benefits, or Social Security benefits. 35 CHAPTER 16. TRUTH IN LENDING REQUIREMENTS FOR.REHABILITATION LOANS 1. PURPOSE. This chapter describes the Truth in Lending Act and its procedural and disclosure requirements which must be followed in the settlement of City of iowa City rehabilitation loan. 2. BACKGROUND. a. The Act. The Truth in Lending Act is Title I of the Consumer Credit Protection Act (Public Law 90-321); title 15, U.S. Code 1601 et.. seq.), enacted by Congress on May 29, 1968. The act requires that borrowers in "consumer credit transactions" be vested with certain rights and protections in connection with the transaction and receive specified written information from their lenders. The disclosures must be made before credit is extended and before the borrower becomes obligated in connection with the transaction; i.e., before execution of a note or mortgage. Among the required disclosures are: (1) The amount of credit a borrower will have for his actual use (the AMOUNT FINANCED; and (2) The FINANCE CHARGE (consisting primarily of interest) expressed both as a dollar amount and as an ANNUAL PERCENT - APF RATF _ b. Three-day Rescission Provision. In addition, the act enables a borrower, within 3 days following the loan transaction, to rescind the transaction, if the loan is secured by a lien on the bor- rower's residence. 3. TRUTH IN LENDING DISCLOSURE STATEMENT: USE IN REHABILITATION I /111\I C=TI CMLIJTQ Form CDR -7640, Truth in Lending Disclosure Statement shall be given to all borrowers of rehabilitation loans. a. Applicability. A complete Disclosurd Statement shall be given to all borrowers of rehabilitation loans. b. Time of Furnishing Disclosure Statement to Borrower. The Disclo- sure Statement shall be given the borrowers at loan settlement but prior to the time he/she executes the mortgage and promissory note obligated his/her repayment of the loan. c. on isclosure Statement Retained cer. When the Disclosure Statement is given to the borrower, he/she shall be requested to sign and date an identically completed Disclosure Statement in the presence of an employee or other authorized representative of the City who shall also sign as witness. The signed and witnessed copy of the Disclosure State- ment shall be retained by the City in the loan application file. 7,69 . 36 4. BORROWER'S RIGHT OF RESCISSION: SECURED LOANS. Under the law, certain borrowers have the right, within a 3 -day period, to rescind the entire loan transaction. The right of rescission applies to rehabilitation loans, secured by mortgage or deed of trust, on residential property owned and occupied by a borrower who is a natural person. 5. NOTICE OF OPPORTUNITY TO RESCIND TRANSACTION. Borrowers entitled, by the preceding paragraph 5, to rescind the loan transaction shall receive a properly completed Notice of Opportunity to Rescind Transac- tion. a. Furnishing Notice to Borrower at Loan Settlement. The Rehabilita- tion Officer shall give the borrowers two copies of the notice at loan settlement, and prior to his execution of mortgage and note. The notice's nature and purpose shall be explained. An additional third copy of the notice shall be signed by the borrowers so as to evidence his/her receipt of two copies of the notice. The receipted copy shall be retained by the City in its loan applica- tion file. b. Format of Notice. The City shall, on its own letterhead, repro- duce the notice, both front and back. The text shall consist of the same language, with blanks completed, so as to show the application number, loan settlement date, deadline for rescission (three business days following loan settlement date). The para- graph entitled, "Effect of Rescission" shall appear on the reverse of the notice. The size of the text on both sides of the notice shall be not less than 12 -point bold-faced type. c. Three -Day Rescission Period. To compute the running of the 3 -day rescission period for entry on the notice, treat the date of loan settlement on which the borrower receives the notice as Day Zero and the next business day thereafter as Day 1, etc. Three business days must elapse following loan settlement date to Te— comp the rescission period. A business day is any calendar day except Sunday and the following holidays on the dates established by Federal law: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. (1) No Disbursements. The Rehabilitation Officer shall make no disbursement from the rehabilitation escrow account, with respect to the borrower, during the 3 -day rescission period. In this regard, the mortgage payoff check in connection with any refinancing shall be dated as the day next following the last day of the rescission period, with the amount of the .check reflecting accrued interest and other charges accord- ingly. The check shall neither be released by the Rehabili- tation Officer nor endorsed by the borrower before such date. (2) Prompt Recordation. In every case, the Rehabilitation Officer shall record promptly after loan settlement the mortgage, deed of trust, and all instruments necessary to perfect the loan security without waiting for expiration of the 3 -day rescission period. 770 37 6. CANCELLATION OF LOAN TRANSACTION BY BORROWER. The loan transaction shall be considered cancelled if the borrower's notice to that effect is given within the required 3 day period. Notification by mail shall be considered given at the time mailed as indicated by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the Civic Center. ACCOMPLISHMENT OF RESCISSION. It is expected in most cases that the borrower's rescission will be accomplished by his mailing or delivery of the notice, bearing his signature and date under the cancellation recital. However, rescission may be accomplished by any written communication signed by the borrowers or a telegram sent by the borrower. Oral communications cannot accomplish rescission, but they should be followed up by the Rehabilitation Officer to obtain written rescission. PUBLIC BODY'S ACTION ON RECEIPT OF FOR RESCISSI Upon the Rehabilitation Officer's receipt of any timely, written communication signed by the borrower, or of a telegram sent by the borrower, the Rehabilitation Officer shall follow procedures for cancellation. In lieu of the borrower's signature in block F of Form CDR -7630C, Cancellation of Rehabilitation Loan for Residential Property, the Rehabilitation Officer shall type in block F the following: "Borrower's signature on appropriate Notice of Rescission, as required under Truth in Lending Act" Release of Liens Upon Rescission. Appropriate release of liens shall be obtained by the Rehabilitation Officer submitting to the City Attorney's office a completed Form CDR -7630C. Scope of Rescission Procedure. The foregoing rescission proce- dures apply only to rescissions requested by the borrower, within the 3 -day rescission period, as described in this chapter, and not to other cancellations. SUBMISSION OF COMPLIANCE STATEMENT AT POST SETTLEMENT. The Rehabili- tation Officer shall submit a completed Form CDR -7641, Certification as to Compliance with Truth in Lending Act with the other documents required to be transmitted to the applicant at post settlement. 771 03 CHAPTER 17. GRIEVANCE PROCEDURE 1. Review Committee a. Purpose. A Review Committee is hereby established to review the complaint of any person aggrieved by the Department of Planning and Program Development handling of the application and processing of said person for assistance under rehabilitation programs funded by the Community Development Block Grant Program. Procedures as set out hereinafter are hereby established for the submission to and disposition of grievances by the Committee. The Committee shall function in an advisory role and it shall make recommenda- tions to the City Manager. The City Manager shall receive and review the recommendation of said Committee and respond within ten days of receipt. b. Designation of Committee. The Housing Commission shall act as the Review Committee. The Chair of the Housing Commission shall preside at all meetings conducted by the Housing Commission while convened as the Review Committee. In the absence of the Chair, the Vice Chair shall preside. The meetings shall be conducted in a timely, orderly, fair and dignified manner. All persons appeared before the Committee shall have an opportunity to be heard. A quorum of the Housing Commission must be present in order for the Housing Commission to be convened as the Review Committee. c. Power and Duties. The Committee shall have the following powers and duties: To review complaints of any persons aggrieved by determinations of the Planning & Program Development Department concerning: -The sufficiency of the application for assistance; -The eligibility of the application for assistance under the project; -The amount of the loan allocated or received by said person; -The quality and appropriateness of the work designated to be done; -The adequacy of the information and assistance concerning the project which is furnished by the Planning & Program Development Department. d. Standards. In exercising its powers and duties, the Committee shall by the following standards: 1. Persons eligible for loans under provisions specified in rehabilitation programs operated by the Department of Planning and Program Development and funded by the Community Develop- ment Block Grant Program shall have full right to a loan sufficient to accomplish the purposes intended by the appli- cable program within the limitations specified therein. 39 2. Eligible persons should be provided adequate assistance in the determination of improvements that are needed and eligible and technical assistance related to cost estimates, contract negotiation and payment of contractors for work completed. 3. Service should be provided by the Department of Planning and Program Development in such a way to assure that the admini- stration of the program will not result in different or separate treatment on account of age, race, color, religion, national origin, sex, or source of income. 4. Eligible persons should be provided full information and advisory services relating to the programs and the way in which they may benefit from them. 5. Assistance to eligible persons should be provided as promptly as possible within the priority guidelines established by the programs and the time limitations of the staff assigned to the program. e. Staff. The Recording Secretary of the Housing Commission shall provide secretarial services for the Housing Commission while constituted as the Review Committee and shall assist in the preparation of the agenda items for meetings. 2. PROCEDURE. a. Filing. The Committee's jurisdiction may be invoked by or on behalf of any aggrieved person by filing a grievance with the Review Committee. A grievance may be filed at the Office of the City Clerk for the City of Iowa City. Grievances shall be filed in a timely manner and must be received y the City of Iowa City within one ear of final a ment b the Cit of loan subsid funds in connection with the rehabi itation work. The communication of the action shall be in written form and should contain a short, concise statement of the grievance and explanation of action desired. The aggrieved person may seek the assistance of the staff of the Department of Planning & Program Development in filing of an action. No filing or processing fees shall be required of any aggrieved person involving the Committee's jurisdiction. b. Notice. The Committee shall fix a reasonable time for hearing actions and the Department of Planning & Program Development shall give notice in writing of the time and place of the meeting to the aggrieved person. In no event shall the hearing be held more than 30 calendar days following receipt of the grievance at the Office of the City Clerk. Recording Secretary of the Housing Commission shall be responsible for coordinating and scheduling the hearing with the Chairperson of the Housing Commission. At the hearing, the aggrieved may appear in person, by agent or by attorney. If a grievance is resolved prior to the date of the hearing, the aggrieved party shall request in writing that the grievance be withdrawn. The Committee shall forward its recommendation in writing to the City Manager within ten (10) calendar days follow- ing the Grievance Hearing. -773 PROGRAM MANUAL FOR HOUSING REHABILITATION FORGIVABLE LOAN PROGRAM R,aoelvW i Appwad By • LOW W � z6 84' Prepared by: Department of Planning & Program Development City of Iowa City July 1984 —n S TABLE OF CONTENTS Chapter 1. General Chapter 2. Project Financing & Eligible Project Costs Chapter 3. Cost Includable in Rehabilitation Loans Chapter 4. Forgivable Loan . Chapter 5. Processing & Submissions Procedures Chapter 6. Terms & Conditions Under Which Forgivable Loans are Made Chapter 7. Funding of Individual Loans & Management of Accounts Chapter 8. Determining Work to be done with a 7 Yr. Forgivable Loan Chapter 9. Contracting for Repair Work. Chapter 10. Inspection of Repair Work. Chapter 11. Applicant's Income Chapter 12. Conversion of Rehab I Loan to a Forgivable Loan Chapter 13. Grievance Procedure 0 776 CHAPTER 1. GENERAL 1. LEGAL AUTHORITY. Loans are authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. 2. DEFINITIONS. Following are definitions of various terms as used with respect to rehabilitation activities. a. Disabled. For the purposes of this program a person shall be considered disabled when that person receives social security disability compensation or disability compensation for other public assistance organizations. b. Elderly. For the purposes of this program it shall mean any one or more of the property's title holders who are sixty-two (62) years of age or older. c. Family. The applicant's family includes the applicant and any other person or persons related by blood, marriage or operation of law, who share the same dwelling unit. d. Liquid Assets. Property that can be readily converted into cash without appreciable loss in value such as: savings accounts, and/or stocks and bonds. Equity in the property to be rehabili- tated or a motor vehicle when used for transportation to and from employment or school is not considered when computing liquid assets. e. Owner. Means one or more natural persons who hold legal title to a property to be rehabilitated. f. Owner -Occupied Property. A property occupied by the owner that is used entirely for residential purposes and that contains one dwelling unit. g. Repair Cost. The total cost of repairs or improvements incurred by the owner that are includable in a rehabilitation contract, whether or not financed in part with funds from other sources. h. Rehabilitation officer. An employee of the City's Department of Planning & Program Development charged with the duties of admini- stering the specific aspects of the rehabilitation program. i. Flood Insurance. Insurance coverage provided to those areas participating in the National Flood Insurance Program to compen- sate for damages which have been incurred, thus reducing the overall impact and financial loss to affected property owners or tenants. Flood insurance coverage must be in an amount at least equal to the development or project cost. 7i% Page 2 CHAPTER 2. PROJECT FINANCING AND ELIGIBLE PROJECT COSTS 1. GENERAL. This chapter covers City Council provisions required for the making of rehabilitation loans, sources of funds to be used for making loans, program reimbursement for advanced fees, and the costs in connection with rehabilitation loans that are eligible project costs. 2. PROJECT FINANCING. Rehabilitation loans may be made only if there exists T City Council resolution approving the area(s) for rehabilita- tion and a sufficient appropriation of funds to finance said loans. a. Inclusion of Loan in Proiect Budgets. The amounts for rehabilita- tion loans shall be Included to the Community Development Block Grant budget as approved by the City Council. b. Source of Funds for Rehabilitation Loans. Funds to cover an approved rehabilitation loan shall be provided by the City from project funds in accordance with the procedures established herein. 3. ELIGIBLE PROJECT COSTS. The costs described below, related to the processing of rehabilitation cases, are eligible project costs in a neighborhood as approved by the City Council. Provision shall be made for these eligible project costs in the budget which is appropriate for the program involved. a. City Overhead and Third -Party Contracts. The following costs incurred in the processing and admtntstering of rehabilitation loans are eligible project costs, to the same extent as costs incurred for other eligible project activities. (1) City cost for staff salaries, wages, and related personnel expenses. (2) Costs incurred under contract or agreement with organiza- tions, firms, and individuals for technical and professional services. Contracts and agreements for the provision of technical or professional services must meet the City's requirements for third -party contracts as to form and methods of solicitation and execution, and, where appropri- ate, shall be concurred in by the City Attorney's office and the City Manager. b. Other Costs Related to Loans. In addition to those costs set forth in paragraph 3.a. above, other costs for goods and services required for the processing of a rehabilitation loan application may be considered eligible project costs. c. Advancing Funds for Includable Costs. As necessary, the City shall advance project funds to pay for processing fees, credit reports and charges for title reports and recordation fees. %%$ Page 3 CHAPTER 3. COST INCLUDABLE IN REHABILITATION LOANS 1. GENERAL. A rehabilitation loan may be made when a component of the structure is malfunctioning or has deteriorated to a point so as to be a violation of the Housing Code. Upon completion of repairs, the structure must pass Iowa City Housing Code inspections. 2. INCLUDABLE COSTS. Costs includable in a rehabilitation loan are the costs of: correcting incipient as well as actual violations of the Housing Code, building permits and sales tax as described below: REQUIREMENTS OF CODE. When necessary to meet a specific requirement of the Housing Code, a rehabilitation loan may be used, to the extent necessary for: a. The rehabilitation or removal of elements of the dwelling struc- ture, including basic equipment, and of other improvements to the property such as garages, fences, steps, walkways, and driveways. The term "basic equipment" includes such items as heating furnace, water heater, and electrical and sanitary fixtures. b. The provision of sanitary or other facilities, including the provision, expansion and finishing of space necessary to accommo- date those facilities. c. The provision of additional or enlarged bedrooms, if required by the Housing Code. d. Grading, filling, or landscaping of the grounds, if required by the Housing Code. e. Building Permits and Related Fees. A loan may provide funds to cover the cost of building permits and related fees that are required to carry out the proposed corrective work. However, since the construction contract documents will require the contractor to pay for them, this cost ordinarily would be included in the contract amount. f. Sales Tax. Since the construction contract is a private contract between a property owner and a private contractor, the loan proceeds may be utilized to pay for required sales taxes. The contractor shall be required to include sales tax in the bid price. g. General Improvements. A rehabilitation loan which includes funds to cover cost of meeting the requirements of the Housing Code may include, in addition, funds for general improvements the owner may wish to perform and can financially afford to do. The maximum dollar amount available for general improvements shall be limited to 40% of the cost of correcting to Housing Code standards, and incipient work. --)-79 Page 4 3. COSTS NOT INCLUDABLE. A rehabilitation loan shall not provide for: a. New construction, substantial reconstruction, expansion of the size of a structure or the finishing of unfinished spaces such as an attic or basement. b. Materials, fixtures, equipment or landscaping of a type or quality which exceeds that customarily used in the locality for properties of the same general type as the property to be rehabilitated. c. Appliances not required by the Housing Code. d. Purchase, installation or repair of furnishings or trade fix- tures. 4. WORK WRITE-UP. The City staff shall prepare a Deficiency List in accordance with this manual, to document the repair work to be financed with a rehabilitation loan. 5. ASSURANCE THAT REPAIRS WILL BE COMPLETED. In some instances the repair cost may exceed the amount of the loan. In such cases, the loan will not be made unless the applicant can provide whatever additional amount is needed to assure completion of the work so that the property will meet at least the Housing Code. 6. SUPPLEMENTAL FUNDS. When the applicant is furnishing supplementary funds from sources other than the rehabilitation loan, evidence that actual funds are available shall consist of verification and documen- tation by the staff that the applicant can deposit the required amount in a rehabilitation escrow account. Q Page 5 CHAPTER 4. FORGIVABLE LOAN 1. GENERAL. This section sets forth the eligibility requirements in regards to the property and the applicant for a rehabilitation loan. Loans are available to all eligible owner -occupants of single family residential properties which are located in the neighborhoods desig- nated by the City Council. 2. APPLICANT ELIGIBILITY. To be considered for a forgivable loan, the applicant must be in compliance with the following criteria: a. Be the owner -occupant of a single family dwelling which is located in the City Council designated neighborhood service area. b. Be eligible for the forgivable loan determined on the basis of the following income and asset limitations: (1) Maximum Income. Have an adjusted annual income for the household which does not exceed: 50% of the median income for the Iowa City MSA, as estab- lished by the U.S. Department of Housing & Urban Development (HUD) based on the number of persons per household. The Rehabilitation Officer will have the current income chart available upon request. (2) Have Liquid Assets not in excess of: (a) Applicant under 62 years of age or who is not disabled: $10,000 for a 1 person household $15,000 for a 2 person household $20,000 for a 3 person household (b) Applicant over 62 years of age or who is disabled: $25,000 for a 1 person household $30,000 for a 2 or more person household (3) Monthly Income Considerations (a) The City would collect and report the following gross monthly income data: (1) Base pay for Head of Household, spouse, other family members. (2) Any other earnings (other jobs, etc.) (3) Net income from property being rehabilitated (gross income from roomers, garage rental, etc., minus operating expenses) (4) Any other income source (interest, etc.) (5) Income from social security, pension, annuities, general relief, ADC. im Page 6 (b) The City would then adjust downward the income of the household by deducting: (1) 10% of 3a-1 through 4 above for Federal, State and local taxes and (2) 25% of 3a-5 above for fixed income consideration. (3) $480 for each child under 18 years of age or a full time student dependent residing in the home to be repaired. 3. LIMITATION ON THE AMOUNT OF FORGIVABLE LOAN. The amount of a reha- bilitation forgivable loan that an applicant may receive shall be limited by the following: For an applicant whose income and liquid assets are in accord with the established formulas, the loan amount shall not exceed the lesser of: a. The actual (and approved) cost of the repairs necessary to make the property conform to the Housing Code - and may include approved general property improvements. The amount shall be established in accordance with this manual. b. $17,500 per household. 4. TERMS AND CONDITIONS. a. Forgivable loans to homeowners shall be secured by a recorded lien against the property. b. Amortization. (1) If the repaired property is sold or transfers ownership prior to the first year anniversary of the loan, 100% of the lien shall be called due. (2) If the repaired property is sold or transfers ownership prior to the second year anniversary of the loan, 86% of the original lien shall be called due. The remaining 14% is forgiven. (3) If the repaired property is sold or transfers ownership prior to the third year anniversary, 71% of the original lien amount shall be called due. The remaining 29% is forgiven. (4) If the repaired property is sold or transfers ownership prior to the (4th) four year anniversary, 58% of the original lien amount shall be called due. The remaining 42% is forgiven. (5) If the repaired property is sold or transfers ownership prior to the (5th) fifth year anniversary, 42% of the original lien amount shall be called due. The remaining 58% is forgiven. (6) If repaired property is sold or transfers ownership prior to the sixth (6th) year anniversary, 29% of the original lien amount shall be called due. The remaining 71% is forgiven. %R2 Page 7 (7) If repaired property is sold or transfers ownership prior to the 7th anniversary, 14% of the original lien amount shall be called due. The remaining 86% is forgiven. (8) Any sale or transfer after the seventh year anniversary would mean that 100% of the original lien amount would be for- given. c. Penalties. In the event the loan recipient(s) fail to pay, the lien amount, or a portion thereof as prescribed in 41b above, when due, the whole principal amount of the lien shall become due and payable at the option of the City without notice. The loan recipient(s) in case of suit thereon, agrees to pay reasonable attorney's fees. 5. INCREASED LOAN AMOUNT FOR EMERGENCY REPAIRS. The forgivable loan amount may be increased in order to make repairs to the property which are necessitated by an emergency which makes the property not habit- able, as determined by the City, provided the following conditions are met: a. The emergency arises within two (2) years after the completion of the original repairs financed through this program, as evidenced by a Certification of Final Inspection (see Chapter 10). b. The increased loan amount, when added to the original loan amount, does not exceed $17,500. c. The applicant/owner is the same as the recipient of the original forgivable loan. d. The applicant executes an amended promissory note to include the increased loan amount, retroactive to the date of the original promissory note. No other increase in the loan amount will be authorized. -7R3 CHAPTER 5. PROCESSING AND SUBMISSIONS PROCEDURES 1. GENERAL. This chapter contains an outline of the functions to be performed by the staff in connection with a rehabilitation loan, and sets forth the policies and procedures to be followed by the staff in preparing, processing, and approving an application for and in canceling an approved rehabilitation loan. 2. OUTLINE OF STAFF FUNCTIONS. Listed below are the functions to be performed by the staff in connection with a rehabilitation loan. Functions a. Advise applicant on the general program objectives and explain the application form which must be completed in full. b. Advise the applicant on the availability and benefits of the rehabilitation loan and other city and private programs and resources for financing repairs. c. Determine the eligibility of the applicant for a rehabilitation loan. d. Inspect the property. e. Prepare a deficiency list and cost estimate of the repair work needed. f. Obtain evidence of ownership of the property. This may include the property deed or other evidence that the staff has received from public records that the applicant is the owner of the property. g. Verify applicant's income, housing expense and assets. h. Establish amount of loan applicant may receive. i. Advise the applicant of the conditions under which a loan is made. j. Prepare construction contract documents and assist homeowner to obtain contractor's proposals for repair work and review proposals received as requested by owner. '?By Page 9 Exhibit A CDR -7961A PROMISSORY NOTE REHABILITATION LOAN DATE: PLACE: CASE NUMBER: For value received, the undersigned jointly and severally promise(s) to pay to the order of the City of Iowa City acting by and through the Director, Department of Planning and Program Development the sum of The full Principal on this Note is payable on the transfer of the property prior to the first year anniversary of this Note. Transfer of the property prior to the second year anniversary of this Note would require 86% of the Principal to be called due. The remaining 14% would be forgiven. Transfer of the property prior to the third year anniversary of this Note would require 71% of the Principal to be called due. The remaining 29% shall be forgiven. Transfer of this property prior to the fourth year anniversary of this Note would require 58% of the Principal to be called due. The remaining 42% shall be forgiven. Transfer of the property prior to the fifth year anniversary of this Note would require 42% of the Principal to be called due. The remaining 58% would be for- given. Transfer of the property prior to the sixth anniversary date would call 29% due. The remaining 71% would be forgiven. Transfer of property prior to the seventh anniversary date would call 14% due. The remaining 86% would be forgiven. After the seventh anniversary date of this Note, 100% of the Principal will be forgiven. Should the property be damaged to such an extent that the amount of money stated in this promissory note exceed the value of the dwelling located upon the premises, the Note shall be forgiven. Damages resulting from wanton or reckless conduct on the part of the borrower or with his/her consent shall not fall within the scope of this proposal. Also any transfer resulting from the death or incapacitating illness of one or more of the undersigned would mean 100% of the Principal will be forgiven. In the event the undersigned shall fail to pay the Principal, or a portion thereof, when due, the whole amount then unpaid shall become due and payable at the option of the holder without notice. The undersigned, in case of suit hereon, agrees to pay attorney's fees. All Endorsers agree to all of the provisions of this Note, and consent to the times of payment of all or any part hereof. In witness whereof, this Note has been duly executed by the undersigned, on the _ day of , 19_ Sworn and -subscribed to before me this day of Notary Public in and for Johnson County, Iowa 19 -7095f Page 10 Prepare Promissory Note (Exhibit A), contracts and for CDR -7660 for signature(s), obtain applicant's endorsement, and encumber monies for loan. 1. Assist applicant, as may be required, in execution of construction contract, and deliver to owner and selected contractor. m. Make final inspection of completed repair work. Close building permits as applicable. n. Have owner obtain from contractor guarantee of work, manufactur- ers' and suppliers' warranties, and release of liens from general contractor, subcontractors, and suppliers prior to final payment for contract work. o. Issue form CDR -7945, Certificate of Completion. Prepare Statement of Disposition of Funds and closeout finance records. 3. PROCESSING AND APPROVAL OF LOAN APPLICATION. Processing by the staff of an application for a rehabilitation loan consists of the completion of the functions listed below, items a. through c., assembly in one file of the Form CDR -7660 and all supporting documents, and the review of the file to determine approval. a. Preparation of Form. The staff shall prepare Form CDR -7660 (Application) (original and 1 copy) for the applicant, based on information furnished by the applicant and obtained by the staff from other sources, as documented in the file. Every space provided for an entry on Form CDR -7660 shall be completed. Entries of money amounts shall be made rounded to the nearest dollar. If no money is involved for an entry for a particular application, the entry shall be "none." Review and approval by the Director of Planning & Program Development of Form CDR -7660 shall be based on the form completed in this manner. Approval of Application for Loan. The Director of Planning & Program Development shall approve the Rehabilitation Loan Applica- tion by signing block J, on both the original and the copy of the form. The loan application is then referred to the Housing Commission for review and final approval. If the loan alone is sufficient to repair the property, or if the loan is to be supplemented by other funds and the staff is assured that the property will be repaired to meet manual requirements, the loan is considered to be approved, and the staff may notify the applicant, and proceed with the remainder of the functions for which it is responsible in order to complete the repair work. c. Loans Not Approved. If the staff determines that Form CDR -7660 cannot be approved, a written statement of the reasons for the determination shall be put in the application file. An applica- tion number shall not be assigned to a Form CDR -7660 the staff does not approve. 786 Page 11 d. Record Keeping. The originals of the completed approved Form COR -7660 and contract(s) shall then be retained in the property file with the supporting documentation. 4. LOAN CANCELLATION. An approved loan may need to be canceled because the applicant has requested cancellation or is unwilling or unable to proceed with the repair work, or for other reasons. a. Cancellation Letter. To cancel an approved loan the staff shall prepare a letter in accordance with Appendix 1, and distribute the letter as follows: 1. Original to applicant. 2. One copy to the property application file. b. Notification to Finance. If funds for the canceled loan have been transferred into a loan escrow account, the staff shall notify the Finance Department to return the amount originally deposited back to the administrative account. —787 Page 12 CHAPTER 6. TERMS AND CONDITIONS UNDER WHICH FORGIVABLE LOANS ARE MADE 1. GENERAL. This chapter sets forth City requirements with respect to terms and conditions to which an applicant must agree in order to obtain a forgivable loan. 2. FORGIVABLE LOAN CONDITIONS. The specific terms and conditions with respect to a forgivable loan are incorporated in Form CDR -7660. The applicant shall agree, and by signing Form CDR -7660 does agree to: a. Civil Rights. Comply with all applicable City requirements with respect to the Civil Rights Act of 1964 and the Civil Rights Actof 1968, to not discriminate upon the basis of age, race, color, creed, sex, sexual orientation, or national origin, presence or absence of dependents, or public assistance source of income in the sale, lease, rental, use, or occupancy of the subject prop- erty. b. Cancellation of Loan. Return of the loan proceeds with no right, interest or claim in the proceeds, if the loan is canceled before the repair work is started. c. Use of Proceeds. Use of loan proceeds only to pay for costs of services and materials necessary to carry out the repair work for which the loan will be approved. d. Completion of Work. Assure that the repair work shall be carried out promptly and efficiently, through written contract let with the prior concurrence of the City. e. Inspection. Inspection by the City or its designee of the property, the repair work and all contracts, materials, equipment, payrolls, and conditions of employment to the work. f. Records. Keep such records as may be required by the City with respect to the repair work. g. Recapture Clause. The applicant shall agree to repay the full amount of the loan or that amount determined by the City if the applicant is found to be ineligible as a result of incorrect or fraudulent information in the approved Form CDR -7660. h. Interest of Certain Federal Officials. Not permit any member, or Delegate to the Congress of the United States, and no Resident Commissioner, to share in any proceeds of the loan, or in any benefit arising from the same. i. Bonus, Commission, or Fee. Not pay any bonus, commission, or fee for the purpose of obtaining the City approval of the loan application, or any other approval or concurrence required by the City or its designee, to complete the repair work, financed in whole or in part with the repair loan. Page 13 j. Interest of the City. Allow no member of the governing body of the City of Iowa City, an no other City official of the locality who exercises any functions or responsibilities in connection with the administration of the federally assisted project or program, and no other officer or employee of the City who exercises such functions or responsibilities, to have any direct interest in the proceeds of this loan, or in any contract entered into by the applicant for the performance of work financed in whole or in part with the proceeds of the repair loan. k. Flood Insurance. If property is located in a designated flood hazard area, the owner agrees to: (1) Purchase the requisite flood insurance coverage. (2) Renew and maintain the coverage so that the flood insurance policy does not lapse during the term of the loan. (3) Provide proof of insurance coverage to the City. Page 14 CHAPTER 7. FUNDING OF INDIVIDUAL LOANS AND MANAGEMENT OF ACCOUNTS 1. GENERAL. This chapter sets forth policies for funding the individual loan and also the policies for City management of loan funds. 2. FUNDING REPAIR LOANS. When an application for financial assistance has been processed and approved, the staff shall enter the total amount of assistance in the program account ledger as encumbered monies. The staff must be certain that adequate funds are budgeted and uncommitted before processing applications for loans. Program budgets will be established annually by the City Council according to local, state and federal funding availability. 3. FUNDING REPAIR PROJECTS SUPPLEMENTED BY PRIVATE FUNDS. When supple- mental funds are utilized to complete a project, these funds are collected when the application is approved and deposited into the program account awaiting disbursement. An entry of fund receipt shall be made in the program account ledger. The Iowa City Department of Finance is responsible for depositing the check and reporting the transaction in the department computer printout by case number and finance program. 4. MANAGEMENT OF THE REPAIR LOAN AND SUPPLEMENTAL FUNDS ACCOUNT. All private repair program funds, shall be deposited in a non-interest earning bank account. Accounting records will be maintained to keep private funds separate from other City funds. a. Separate Case Numbers for Each Program Participant. The Rehabili- tation Officer will assign case numbers to each program applicant. The accounting computer printout will log all credits and debits according to assigned case numbers. b. Disbursements of Repair Funds. Disbursements from repair funds will be authorized by the CDBG Program Coordinator. A check request will be prepared and submitted to the Department of Finance properly identifying the case number and expenditure. The Rehabilitation Officer will maintain a file of all invoices and receipts. The Department of Finance will prepare a check, as directed, payable to the homeowner/borrower and the payee for the following purposes, as may be appropriate: (1) Make payments for repair work. (2) Closeout individual repair accounts by appropriately dis- bursing any unutilized funds remaining in the repair ac- count. A check to return to the homeowner unutilized funds in the repair account shall be made payable to the homeowner only. c. Transmittal of Checks. The Rehabilitation Officer shall secure the endorsement of the homeowner on checks payable to the homeowner and the payee. The Rehabilitation Officer shall transmit the endorsed Page 15 check to the payee. Checks which include any amounts previously withheld from progress payments shall be accompanied by an explana- tion of the computation. d. Disputes. In the event a dispute exists between the homeowner and the contractor with respect to the repair work, the Rehabilitation Officer shall take appropriate action in accordance with the provisions of the construction contract to assure that the parties are satisfied before making any payment to the contractor. e. Adjustment and Closeout of the Case Account. Usually disburse- ments made for the purposes stated under paragraph 2 will closeout the case account. However, if unutilized funds remain in for individual cases because the actual repair costs were less than anticipated or for other reasons, the unutilized funds shall be disbursed as follows: (1) If all the funds were provided by a loan, the unutilized funds shall be disbursed to apply to the administrative account, the source from which they came. (2) If the loan was supplemented by private funds, the unutilized funds, up to the amount of the private contribution, shall be disbursed to the homeowner. 791 Page 16 CHAPTER 8. DETERMINING WORK TO BE DONE WITH SEVEN YEAR FORGIVABLE LOANS 1. GENERAL. This section sets forth the responsibilities of the Reha- bilitation Officer for determining the repair work necessary to bring a property into conformance with the requirements for a home rehabili- tation program and for providing assistance in the repair of the property. In carrying out these responsibilities, the Rehabilitation Officer shall: a. Inspect the property. b. Make a preliminary deficiency list and cost estimate of the work to be done. c. Consult with and advise the owner on the work to be done, and the availability of a rehabilitation loan. d. Prepare a final deficiencies list and cost estimate as the basis for a loan and for contracting for the repair work. 2. DEFICIENCY LIST AND COST ESTIMATE. A deficiency list and cost estimate is a statement prepared by the Rehabilitation Officer based on the property inspection report that itemizes all the repair work to be done on the property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work. 3. SPECIFICATIONS IN CONSTRUCTION CONTRACT DOCUMENTS. Each item on the deficiency list shall be written so that it provides a clear under- standing of the nature and scope of the work to be done, with a letter/number reference to the Construction Performance Manual. The Construction Performance Manual shall refer to manufacturers' brand names or to association standards to identify the quality of materials and equipment required, and may make provision for acceptable substi- tutes. �9� Page 17 4. CHAPTER 9. CONTRACTING FOR REPAIR WORK INTRODUCTION. This chapter sets forth requirements and procedures with respect to construction contracts for repair financed through a seven year forgivable loan. Repair work shall be undertaken only through a written contract between the contractor and the recipient of the loan. Whenever possible the owner shall be encouraged to obtain their own bids and enter into the repair contract with little or no City involvement. The Rehabilitation Officer shall assist each applicant as needed, in arranging for and obtaining an acceptable construction contract. Form of Contract. The construction contract shall consist of a single document form provided by the City and signed by the contractor and accepted by the homeowner, only following approval of the repair loan. It shall contain a bid and proposal by the contractor. GENERAL CONDITIONS. The Rehabilitation Officer shall prepare "general conditions" for use in all construction contracts for the repair of the property. DEFICIENCY LIST AND DRAWINGS. A deficiency list and illustrative sketches, if any, covering the specific repair work for each property on which a repair loan will be made shall be prepared by the Rehabili- tation Officer. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, and to avoid misunderstandings with the bidder. The deficiency list and drawings shall be based on the inspection of the property and interviews, as indicated, with the applicant. The deficiency list shall clearly establish the nature of the work to be done and the material and equipment to be installed. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL Contractor Selection. The owner shall be asked for the name of a contractor he/she would like to bid on the repair of his/her property. If the owner does not know of a contractor, the staff shall provide the property owner with two contractor names from the list of contractors maintained at the Department of Planning & Program Development. b. Invitation to Bid. Once the contractor has been selected accord- ing to paragraph 4.a. above, the homeowner shall contact the selected contractor and invite him/her to bid the proposed repair. The homeowner shall negotiate with the contractor to obtain an acceptable bid. Bid Review. Upon receipt of the bid proposal from the bidding contractor, the homeowner shall review the bid for completeness and accuracy making special note to assure that the deficiency list has been adhered to. Page 18 Acceptable Bid. An acceptable bid is one that upon review under 4.c. above, is not in excess of 10% of the Rehabilitation Offi- cer's estimate. The bidding contractor shall provide a cost for each repair item. If the costs are not acceptable, the Rehabili- tation Officer shall work with the homeowner and contractor to negotiate a cost that is reasonable and acceptable to all par- ties. e. Maintenance of the Contractors' List (1) The Rehabilitation Officer shall be responsible for maintain- ing a list of all contractors who have expressed an interest in bidding on repair construction and who can provide the following as contained on Form CDR -74946: All contractors who are on the contractors' list will receive a construction performance manual. (a) Adequate active liability insurance [see 2.h.(1) above]. (b) The name of his/her company bank. (c) The names of his/her usual subcontractors. (d) The names of his/her principal suppliers. (e) The names and addresses of at least two (2) recent residential repair or construction jobs. (f) Iowa City contractor's license as applicable. (2) The Contractor List shall be maintained in a conspicuous place within the Department of Planning & Program Development, open to public review. The Contractor List shall be grouped according to the category of specialization the contractor requests to be listed (e.g., general contractors, electrical, plumbing/heating, masonry, dry wall, etc.). AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having the applicant for the loan properly execute the contract with the assistance of the Rehabilitation Officer. a. Issuance of Proceed Order. At the time the award is made, the Rehabilitation Officer shall remind the applicant and the success- ful contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed order, within the number of days stated in the general conditions of the contract from the date of the award. Upon award of the contract, the homeowner shall notify unsuccessful bidders that they have not been awarded the contract. b. Award within 30 days of Cutoff Date. In order for the bid and proposal to be btndtng, the award shall be made within a period of 30 days from the cutoff date established by the homeowner for the receipt of the bid and proposal, unless a later date is agreed upon in writing. -79y Page 19 Contract Award. The award of a construction contract shall be accomplished by the owner executing the original and two copies of the contract documents. The homeowner shall distribute the executed contract to documents as follows: (1) Executed original retained by homeowner. (2) Executed copy to contractor. (3) Executed copy to the City of Iowa City in care of the Rehabilitation Officer. 6. LABOR PERFORMED BY OWNER IN REPAIRING PROPERTY. Type of Work and Skill of Owner. A property owner may complete some or all of the tasks required to repair his/her property, if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean-up, demoli- tion of small buildings on a property, removal, cartage, and disposal of the debris, and for work that involves minimal use of costly materials and equipment. Work of a skilled nature, and work involving the extensive installation of costly materials and equipment, are appropriate if the Rehabilitation Officer is assured the property owner has the ability and experience required to do the work properly without supervision, or that he/she has sufficient skill to do the work properly with technical advice and guidance from the Rehabilitation Officer. b. Provision for Self-help in Loan. Whenever self-help is necessary, indicated, or desired, and the Rehabilitation Officer considers that with or without technical assistance and guidance a property owner shall be able to perform the work in a reasonably acceptable and expeditious manner, he/she may process an application for a loan on that basis. In such a case, the amount of the loan would provide funds to pay for the materials and equipment to be installed by self-help, as well as any additional funds needed to pay for other work to be performed by a contractor. The loan shall not include funds to pay the owner or members of his,/her family for their labor. Further, the Rehabilitation Officer must exercise good judgment and prudence as to avoid a situation in which an owner could place himself or herself in financial difficulty through improper use, installation, or even destruction of the materials and equipment purchased with loan funds. For this reason, the owner should understand that the proceeds of a loan to pay the supplier for materials and equipment involved in a self-help will be disbursed from the loan account by the staff, only after they have been properly installed. c. Coordination with Contractor. When some of the repair work is to be performed through self-help, and the remainder is to be completed by the contractor, the Rehabilitation Officer should assure that the work is accomplished by each of them so as not to interfere with or jeopardize the other's work. In cases where a �9� Page 20 separation in the timing of the work is not feasible, the Reha- bilitation Officer should urge the owner and contractor to make their own arrangements on the timing, so that each may do his/her work without causing any interference in the work to be done by the other. In all instances, the owner will be better protected if work to be performed through self-help is completed before the contractor starts his/her work. Such completion will help avoid claims by the contractor for extras or damages he/she may claim are caused by the self-help efforts, and will assure that when all work is finished, the property will comply with the City loan requirements. 7. OTHER PROVISIONS. a. The Contractor Shall: Indemnify and hold harmless the owner, the owner's employees, the City Manager, and the City's employees from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the contractor's operations under this contract, whether such operations be made by himself/herself or by any subcontractor or by anyone directly or indirectly employed by either of them. The contractor shall obtain insurance for this purpose, which shall insure the inter- ests of the owner and the City as the same may appear, and shall file with the owner and the City certificates of such insurance. b. Correction of Faulty Work after Final Payment: The approval of the Request for Payment by the Rehabilitation Officer and the making of the payment by the owner to the contractor shall not relieve the contractor of responsibility for faulty materials or workmanship. -794 Page 21 CHAPTER 10. INSPECTION OF REPAIR WORK GENERAL. This chapter sets forth the requirements for the inspection of repair work financed in whole or in part with a forgivable loan. RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitation Officer shall make inspections of construction work in cases involving a repair loan. To accomplish this, the Rehabilitation Officer shall make: (1) Compliance inspection, as necessary, to assure that the construc- tion work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work has been completed in accordance with the construction contract. The Building Inspector and any specialists from the Building Inspec- tion Division, as may be required, shall accompany the Rehabili- tation Officer on the final inspection and shall provide the Rehabilitation Officer with a written report of their findings. INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in accordance with the following: a. Inspections. Upon partial and total completion of the repair work and receipt of the contractor's invoice containing his certifica- tion of satisfactory completion of the work in accordance with the contract and his/her warranty, the Rehabilitation Officer shall arrange for inspection of the completed work. b. When the inspection determines that a portion of the work is sat- isfactorily completed, the contractor can request a partial payment. Partial payment request shall be accompanied by lien waivers for work that was completed. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, a request for final payment can be made after it is approved by the Legal Department. CERTIFICATION OF FINAL INSPECTION. After the Rehabilitation Officer determines that the rehabilitation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Form CDR -7945 (original and one copy). Distribution. Form CDR -7945 shall be distributed as follows: (1) Signed original to the property owner. (2) Signed copy retained in the property file. 5. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work performed by the contractor is covered by a one-year guarantee but property owners are not always aware that, for a period of one year, they may require the contractor to correct significant defects and inadequacies in the work 797 Page 22 performed under this contract. For this reason, the Rehabilitation Officer shall inform the owner of the guarantee requirements upon completion of the contract. The contractor must be given written notice with reasonable prompt- ness. Should the contractor fail to answer or correct the defect(s) within a reasonable time, the City, at owner request, will assist owner in the following manner: (1) Staff members of the Department of Planning and Program Develop- ment will investigate the complaint. (2) If the staff finds the complaint to be invalid, owner will be so notified. (3) If the staff finds the complaint to be valid, the homeowner will direct the contractor to take necessary corrective action within a specified length of time. (4) If the contractor complies, the staff will reinspect the work and, if it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. (5) If the contractor fails to respond to the request within the specified length of time, the staff, upon owner request, will prepare a letter for owner's signature, notifying the contractor a second time that unless the complaint is abated by a specified time, a formal complaint will be filed with the City Attorney for appropriate action. (6) If the contractor fails to respond to the request for correction within the time specified: (a) The homeowner will take any necessary action to have the defects corrected, including but not limited to paying the reasonable costs of correcting work or materials determined by the homeowner to be defective. (b) The contractor may be prohibited by the City from contract- ing any other repair work under any loan program admini- stered by the City. 6. REHABILITATION OFFICER - OWNER - CONTRACTOR RELATIONS. Rehabilitation Officer's Responsibility and Authority: The Rehabilitation Officer shall observe the work on behalf of the City, and will provide general assistance during construction insofar as proper interpretation of the loan requirements is affected. The Rehabilitation Officer and owner shall decide, when necessary, any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, interpretation of work items on the deficiency list and all questions as to the acceptable fulfill- ment of the Contract on the part of the Contractor. Page 23 The Rehabilitation Officer will not be on the construction site at all times and as such cannot be responsible for the acts or omissions of the contractor or his/her employees. For the same reason acceptance by the homeowner or the City of the contractor's work performed, does not release the contractor from the responsibility to provide quality performance on all contract specifications. Page 24 CHAPTER 11. APPLICANT'S INCOME 1. GENERAL. This chapter sets forth the basis for establishing an appli- cant's income for the purpose of a seven year forgivable loan on a residential property, and takes into account the variations applicable to different type of applicants and properties, and special considera- tions related to the type of project area in which the property is located. 2. SOURCES OF FUNDS AND AMOUNTS COMPRISING APPLICANT'S INCOME. The fol- lowing is a listing of the elements comprising income for purposes of a repair loan. Exclusions from income applicable in special circum- stances are stated in paragraph 5 below. a. Portion of Income Derived from Roomers. If the property contains rooming units, that portion of an applicant's income that is derived from roomers shall be reported on Form CDR -7660, block C, line 3, as a net figure determined as follows: (1) Net Income. The net income from the roomers in the owner -occupied property to be repaired is the gross rental income, less expenditures allocable to the roomers. These allocable expenditures including payments, on the basis of an average of one or more years of mortgage or land contract principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, and other cash expenditures for the property for one or more years, the staff shall estimate the income and expenditures on the available experience. (2) Allocation of Expenditures to Roomers. The allocation of expenditures of the roomer may be established by determining the percentage of floor space that is used exclusively by the roomer(s). The allocable expenditures shall be reduced by the percentage of floor space as calculated above. Applicant Who Is a Person. Income of an applicant includes the income of the applicant and his/her family. The applicant's family includes the applicant and any other person or persons related by blood, marriage, or operation of law, who share the same dwelling unit. If ownership of the property rests in more than one person, the applicant is each owner and family. The applicant's income, therefore, is the sum of the family incomes of all applicants. An applicant's income is established on an annual basis, at the time of applying for a loan and includes: (1) The applicant's earnings. (2) Spouse's earnings. (3) Other family members living in the home, if their employment is a definite characteristic of family life. Page 25 Excluded is the income of an adult family member, other than the applicant and spouse, who does not have an ownership interest in the property, but included are any funds contrib- uted or paid to the family, on a regular basis by an excluded adult family member. (Such as room and board, rent, etc.) Excluded are incomes of those under 18 or full-time students or mentally or physically disabled dependents: (4) Other income regularly received by applicant or his family. (5) Net income from real estate, other than the property to be rehabilitated, and any other net business income. (a) Gross rental income, and (b) On the basis of an average or experience for two or more years, expenditures for mortgages principal and inter- est, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, ground rent, and other cash expenditures for the property, such as advertising vacancies. If the applicant has not owned the property for two or more years, the staff shall estimate the income and expenditures on the available experience. 4. REPORTING OF APPLICANT'S INCOME. The applicant's income shall be reported on Form CDR -7660, "Total Present Monthly Income of Appli- cant." 5. EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME. a. Loans. Deduct the following amounts from gross income: (1) $40 per child per month (child must be living in the home, under 18 years of age, or full-time student dependent). (2) Deduct 10% of gross income for taxes (persons not retired or disabled), OR see (3). (3) Deduct 25% of retirement benefits, disability benefits, or Social Security benefits. 91 )1 Page 26 CHAPTER 12. CONVERSION OF REHAB I LOAN TO A FORGIVABLE LOAN 1. GENERAL This chapter establishes procedures and criteria to allow for the conversion of a Rehab I loan to a forgivable loan in cases of finan- cial hardship. 2. CONDITIONS To be considered for a conversion the applicant must be in compliance with the following criteria: A. Be a recipient of a Rehab I Loan from the City of Iowa City. B. Due to incapacitating illness or death of one of the borrowers of a Rehab I Loan, the applicant/borrower has suffered a decrease in income such that payments on the Rehab I loan cannot be made. C. Is now eligible based on the income and assets limitations as es- tablished in chapter four of the Forgivable Loan Program. 3. LIMITATIONS ON THE AMOUNT OF FORGIVABLE LOAN The amount of a Forgivable Loan that an applicant may receive shall be limited to the balance remaining on the Rehab I Loan. 4. TERMS AND CONDITIONS The staff shall prepare forgivable loan application forms, conduct such verifications and research as required, and prepare a promissory note in accord with Chapter 5 of this manual. The application and supporting documentation shall be presented to the Housing Commission along with a statement comparing the income and asset changes that have taken place causing the financial hardship and request for conversion to a forgivable loan. The Housing Commission shall act on the staff recommendations by either approving or rejecting a request for conversion. A. The conversion, if approved by the Housing Commission, shall be made in such manner that the Rehab I loan is converted to a forgivable loan with all income, assets, terms and notes computed as of the date of conversion. B. Requests for conversion disapproved by the Housing Commission shall be recorded in the City Rehabilitation records. Applicants for whom a conversion has been denied may 1) appeal the denial to the City Council in writing, 2) reapply for consideration of a conversion when income, assets or other factors affecting ability to pay make eligibility for conversion a possibility. C. All requirements regarding income, assets, limitations, terms and conditions and administrative procedures for forgivable loans shall be in accord with this Manual. �I� Page 27 CHAPTER 13. GRIEVANCE PROCEDURE 1. REVIEW COMMITTEE a. Purpose. A Review Committee is hereby established to review the complaint of any person aggrieved by the Department of Planning and Program Development handling of the application for and processing of assistance under rehabilitation programs funded by Community Development Block Grant Program. Procedures as set out hereinafter are hereby established for the submission to and disposition of grievances by the Committee. The Committee shall function in an advisory role and it shall make recommendations to the City Manager. The City Manager shall receive and review the recommendation of said Committee and respond within ten days of receipt. b. Designation of Committee. The Housing Commission shall act as the Review Committee. The Chairperson of the Housing Commission shall preside at all meetings conducted by the Housing Commission while convened as the Review Committee. In the absence of the Chairper- son, the Vice Chairperson shall preside. The meetings shall be conducted in a timely, orderly, fair and dignified manner. All persons appearing before the Committee shall have an opportunity to be heard. A quorum of the Housing Commission must be present in order for the Housing Commission to be convened as the Review Committee. c. Power and Duties. The Committee shall have the following powers and duties: To review complaints of any persons aggrieved by determinations of the Department of Planning & Program Development concerning: -The sufficiency of the application for assistance; -The eligibility of the application for assistance under the project; -The amount of the loan subsidy allocated or received by said person; -The quality and appropriateness of the work designated to be done; -The adequacy of the information and assistance concerning the project which is furnished by the Department of Planning and Program Development. d. Standards. In exercising its powers and duties, the Committee shall be guided by the following standards: 1. Persons eligible for loan subsidies under provisions specified in rehabilitation programs operated by the Department of Planning and Program Development and funded by the Community Development Block Grant Program shall have full right to a 53b3 Page 28 subsidized loan sufficient to accomplish the purposes intended by the applicable program within the limitations specified therein. 2. Eligible persons should be provided adequate assistance in determination of improvements that are needed and eligible and technical assistance related to cost estimates, contract nego- tiation and payment of contractors for work completed. 3. Service should be provided by the Department of Planning and Program Development in such a way to assure that the admini- stration of the program will not result in different or separate treatment on account of age, race, color, religion, national origin, sex, or source of income. 4. Eligible persons should be provided full information and advisory services relating to the programs and the way in which they may benefit from them. 5. Assistance to eligible persons should be provided as promptly as possible within the priority guidelines established by the programs and the time limitations of the staff assigned to the program. e. Staff. The Recording Secretary of the Housing Commission shall provide secretarial services for the Housing Commission while constituted as the Review Committee and shall assist in the prepa- ration of the agenda items for meetings. 2. PROCEDURE a. Filing. The Committee's jurisdiction may be invoked by or on behalf of any aggrieved person by filing a grievance with the Review Committee. A grievance must be filed at the Office of the City Clerk for the City of Iowa City. Grievances shall be filed in a timely manner and must be received y the City o Iowa City within one ear of final a ment b the Cit of loan subs id unds in connection with reha i station work. he communication of the action shall be in written form and should contain a short, concise statement of the grievance and explanation of action desired. The aggrieved person may seek the assistance of the staff of the Department of Planning & Program Development in filing of an action. No filing or processing fees shall be required of any aggrieved person involving the Committee's jurisdiction. b. Notice. The Committee shall fix a reasonable time for hearing actions and the Department of Planning & Program Development shall give notice in writing of the time and place of the meeting to the aggrieved person. In no event shall the hearing be held more than 30 calendar days following receipt of the grievance at the Office of the City Clerk. Recording Secretary of the Housing Commission shall be responsible for coordinating and scheduling the hearing with the Chairperson of the Housing Commission. At the hearing, 9W Page 29 the aggrieved may appear in person, by agent or by attorney. If the grievance is resolved prior to the date of the hearing, the aggrieved party shall request in writing that the grievance be withdrawn. The Committee shall forward its recommendation in writing to the City Manager within ten (10) calendar days follow- ing the Grievance Hearing. A ( j } RESOLUTION N0. 84-225 RESOLUTION ADOPTING THE 1985-86 COMMUNITY DEVELOPMENT BLOCK GRANT COMMUNITY DEVELOPMENT PLAN, AND AUTHORIZING THE CITY MANAGER TO CERTIFY THAT THE CITY OF IOWA CITY HAS DEVELOPED A COMMUNITY DEVELOP- MENT PLAN. WHEREAS, the City of Iowa City is eligible to receive Community Development Block Grant Metro Entitlement funding under Title I of the Housing & Commu- nity Development Act of 1974, as amended; and WHEREAS, the Housing and Urban -Rural Recovery Act of 1983 (the 1983 Amend- ments) requires cities to certify that they have developed a community development plan covering the Fiscal Years 1985 and 1986; and WHEREAS, the Committee on Community Needs has prepared such a plan, held a public hearing on the proposed plan, and recommended adoption of the final plan by the City Council; and WHEREAS, said plan identifies community development and housing needs in Iowa City and specifies long-term objectives to meet these needs; and WHEREAS, these objectives were developed in accordance with the primary objectives and requirements of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the 1985-86 Community Development Plan be adopted and that the City Manager be authorized to certify to the Department of Housing and Urban Development that the City of Iowa City has developed such a plan. It was moved by .- Ambrisco and seconded by Dickson the Resolu ion e a opte , 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 31st daffy of july , 1984. ATTEST: CITY- CLERK Reoelved a Approved BY,Tlie I.epd Deaftwo 2(, 84, MAIA RESOLUTION NO. 84-226 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: Alid City Hotel Associates dba Holiday Inn Iowa City 210 S. Dubuque Street Iowa City, Iowa It was moved by Strait and seconded by Baker that the Resolution as read be adopted, and upon roll call there were: Zuber Passed and approved this 14th 19 84 Attest". &i�4d / dW City Clerk ABSENT: X day of August , 07 AYES: NAYS: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 14th 19 84 Attest". &i�4d / dW City Clerk ABSENT: X day of August , 07 RESOLUTION NO. 84-227 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: Mid City Hotel Associates dba Vito's of Iowa City Loyal Order of Moose Lodge #1096 Holiday Inn Iowa City dba Vito's dba 118 E. College Street 2910L 210 S. Dubuque Street ose Lod Muscatine Avenue ge#1096 Iowa City, LA Iowa City, IA Iowa City, IA It was moved by Strait and seconded by Baker 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 14th day of August , 19 84. Attest: AuzK� % i/ aI2 City Clerk 5?n9 Iowa City, Iowa, August 14, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington street, in Iowa City, Iowa, at 7:30 o'clock p.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson Brdahl McDonald Strait Absent: Zuber -1- is (Other Business) The Mayor announced that the purpose of the meeting was to hold and adjourn to August 28, 1984, a public hearing on the proposal to issue not to exceed $3,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project), as required by Section 419, Code of Iowa, and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of financing all or a portion of the costs of Southgate Development Company, Inc., an Iowa corporation (the "Company"), relating to acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa; and to change the name of the developer of the Project from Pharmaceutical Development Systems, Inc. to Southgate Development Company, Inc. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Southgate Development Company, Inc., with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds and to change the name of the developer and owner of the project from Pharmaceutical Development Systems, Inc. to Southgate Development Company, Inc., notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) RM -2- $10 I After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue said Bonds, Council Member Amhrisco proposed the following Resolution and moved its adoption. Council Member Strait seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Baker, Amhrisco, Dickson, Erdahl, McDonald, Strait NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- TI RESOLUTION NO. 84-228 PUBLIC HEARING AND RESOLUTION ADJOURNING TO AUGUST 28, 1984, THE PUBLIC HEARING AND THE DECISION WHETHER OR NOT TO PROCEED WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $3,000,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, AND CHANGING THE NAME OF THE DEVELOPER AND OWNER OF THE PROJECT TO SOUTHGATE DEVELOPMENT COMPANY, INC. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying the costs of Southgate Development Company, Inc., an Iowa corporation (the "Company"), relating to acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (the "Project"); and to loan the proceeds from the sale of such Bonds, pursuant to a loan agreement, to the Company to be used for the aforesaid purposes; and WHEREAS, the City has determined there is a public need in the City and its surrounding environs for expanded and improved industrial facilities as proposed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $3,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) (the "Bonds"), of the City of Iowa City, Iowa; and to change the name of the developer and owner of the Project from Pharmaceutical Development Systems, Inc. to Southgate Development Company, Inc., has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City that the public hearing be adjourned to August 28, 1984, at the time and place specified in the original notice of hearing at which time any and all additional objections or other comments relating to such Bonds will be heard and the City will determine whether or not to proceed with the issuance of said Bonds as proposed. NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: -4- 511A Section 1. That the public hearing required by the Act and Section 103(k) of the Internal Revenue Code of 1954, as amended, and pursuant to published notice be adjourned to August 28, 1984, at 7:30 o'clock p.m. in the Council Chambers, Civic Center, 410 East Washington Street in the City. Section 2. 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 and approved this 14th day of August, 1984. Cit of Iowa City, Iowa (Seal) a n McD na Mayor Attest: Marian K. Karr, City Clerk -5- R)3 CLERK'S CERTIFICATE I, Marian K. Karrl being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said City at a meeting open to the public on August 14, 1984, holding and adjourning to August 28, 1984, a public hearing and the decision whether or not to proceed with the issuance of not to exceed $3,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project), of the City of Iowa City, Iowa, and changing the name of the developer and owner of the Project to Southgate Development Company, Inc.; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 14th day of August, 1984. xP' � (Seal) Marian K. Karr, City Clerk State of Iowa SS: County of Johnson Subscribed and sworn to before me this day, the date last above written. %AfllltrnVA 4 _ (Seal) /Notary Public -6- S►�l (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. August 14, 1984 7:30 P.M. R., MAA 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. Public Hearing and Resolution Adjourning to August.28, 1984, the Public Hearing and the Decision whether or not to Proceed With The Issuance and Sale of Not To Exceed $3,000,000 Aggregate Principal Amount of industrial Development Revenue Bonds (Southgate Development Company Project), of the City of Iowa City, Iowa, and Changing the Name of the Developer and Owner of the Project to Southgate Development Company, Inc.. 2. Such additional matters as are set forth on the additional 14 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. ACu� 7l 64A2 MMartan K. Karr, Clerk of the • City of Iowa City, Iowa -7- 4 ). < August 14_ 1984 The City Council of Iowa City Iowa, met in reeular __ session, in the Council Chambers City Hall, Iowa City, Iowa at 7;30 o'clock p .M., on the above date. There were present Mayor John McDonald in the chair, and the following named Council Members Ambrisco, Baker. Dickson. Erdahl, McDonald,__ Strait Absent Zuber -1- $IG Council Member Ambrisco 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 Dickson seconded the motion to adopt. The roll was called and the vote was AYES Baker, Ambrisco. Dickson. Erdahl. McDonald, Strait NAYS.- None Whereupon the Mayor declared the following Resolution duly adopted as follows 84_229 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 1983 Paving Improvements (Lyon's 2nd Addition), within the City, under contract with Ahrens Construction of Harper, Iowa, which final plat and schedule was filed in the office of the Clerk on the htb day of Au 1S _ , 1984: 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 FINAL ASSESSMENT SCHEDULE -2- 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 258 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 twelve percent per annum, the maximum rate permitted by law, from the date of the accep- tance 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 -3- 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. 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 thisl4th day of August , 1984. A ___August ATTEST: -4- 3) 1 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 14th_ _ day of _ _ August 1984. City Clerk Iowa City, Iowa SEAL -2- SCHEDULE OF ASSESSMENTS FOR PAVING - 1983 ALLEY BLOCK 6, LYON'S SECOND ADDITION Alley Block 6 Lyon's Second Addition from Bowery Street North to 88' North of East-West Alley - PROPERTY ESTIMATED FINAL NAME DESCRIPTION VALUATION ASSESSMENT ASSESSMENT DEFICIENCY 18. Nagle & Furman Lot 25, Block 6, Lyon's 2nd Addition $ 126,220 $ 4,034.30 $ 3,980.29 19. James A. & Loretta C. Clark Lot 24, Block 6, Lyon's 2nd Addition 74,740 4,034.30 3,980.29 20. Kroeger, Gene & Tiggs, David Lot 23, Block 6, Lyon's 2nd Addition 209,910 4,034.30 3,980.29 21. James A. & Loretta C. Clark Lot 22, Block 6, Lyon's 2nd Addition 102,053 4,034.30 3,980.29 22. James A. & Loretta C. Clark Lot 21, Block 6, Lyon's 2nd Addition 102,053 4,034.30 3,980.29 23. James A. & Loretta C. Clark Lot 20, Block 6, Lyon's 2nd Addition 102,053 4,034.30 3,980.29 24. Ethel Eakes The North 38' of Lot 19, Block 6, Lyon's 2nd Addition 45,040 2,555.06 2,520.85 25. Helen A. Finken The South 22' of Lot 19, Block 6, Lyon's 2nd Addition 35,590 1,479.24 1,459.44 26. 528 Partners Lot 18, Block 6, Lyon's 2nd Addition 162,570 4,034.30 3,980.29 27. 528 Partners Lot 17, Block 6, Lyon's 2nd Addition 162,570 4,034.30 3,980.29 28. Paul A. & Roberta B. Johnson Lot 16, Block 6, Lyon's 2nd Addition 66,920 4,034.30 3,980.29 29. Paul A. & Roberta B. Johnson The North 10' of Lot 15, Lyon's 2nd Addition 11,809 672.38 663.38 30. Richard Dale Hugill, Jr. The East 21' of the South 70' of Lot 15, Block 6, 18,910 1,187.52 1,171.53 — Lyon's 2nd Addition I -1- SCHEDULE OF ASSESSMENTS FOR PAVING - 1983 ALLEY BLOCK 6, LYON'S SECONQ ADDITION Alley Block 6, Lyon's Second Addition from Bowery Street North to 88' North of East-West Alle NAME DESCRIPTION PROPERTY ESTIMATED FINAL VALUATION ASSESSMENT ASSESSMENT DEFICIENCY 1 Leo F. Torrance, Cont. to Johnson, Paul A.& Roberta � Int. West y of Lot 14, Block 6, Lyon's 2nd Addition $ 62,980 $ 4,034.30 $ 3,980.29 Lot 2. Moreland -Downes Properties 2nd Addition �3. Moreland & Smith, Cont.to 4,034.30 �. Kwak, Albert 12, Block 4. Moreland & Smith, Cont.to Kwak, 323,415 Albert 3,980.29 5. Superior Concrete,Cont.to Kwak, of Lot 11, Block 6, Lyon's Albert 107,805 6. R4gee� or Concrete, Cont. to Kwak, The 7. Lawrence W. Nelson Block 6, Lyon's 8. Donald J. & Katherine Pietrzyk 2,689.53 9. James A. & Loretta C. Clark 10, Block �- 10. James A. & Loretta C. Clark 11. James A. & Loretta C: Clark 3,980,29 The South 30' of Lot 9, 12. James A. & Loretta C. Clark 1 13. Richard D. & Judith L. Hupfeld The 14. Nagle, George Block 6, Lyon's 15. Nagle, George 2,017.15 16. Adams, Darcell N. 8, Block 6, Lyon's 2nd Addition 57,000 17. Nagle & Furman Lot 13, Block 6, Lyon's 2nd Addition 309,030 4,034.30 3,980.29 Lot 12, Block 6, Lyon's 2nd Addition 323,415 4,034.30 3,980.29 The South 20' of Lot 11, Block 6, Lyon's 2nd Addition 107,805 1,344.77 1,326.76 The North 40' of Lot 11, Block 6, Lyon's 2nd Addition 167,712 2,689.53 2,653.53 Lot 10, Block 6, Lyon's 2nd Addition 251,568 4,034.30 3,980,29 The South 30' of Lot 9, Block 6, Lyon's 2nd Addition 58,170 2,017.15 1,990.15 The North 30' of Lot 9, Block 6, Lyon's 2nd Addition 38,410 2,017.15 1,990.15 Lot 8, Block 6, Lyon's 2nd Addition 57,000 4,034.30 3,980.29 Lot 7, Block 6, Lyon's 2nd Addition 63,530 4,034.30 3,980.29 Lot 6, Block 6, Lyon's 2nd Addition 280,250 4,034.30 3,980.29 Lot 5, Bock 6, Lyon's 2nd Addition 286,010 4,034.30 3,980.29 Lot 4, Block 6, Lyon's 2nd Addition 159,920 4,034.30 3,980.29 The North 42' of Lot 3, Block 6, Lyon's 2nd Addition 46,074 3,025.72 2,985.22 The South 18' of Lot 2, Block 6, Lyon's 2nd Addition 19,746 1,210.29 1,194.09 The North 42' of Lot 2, Block 6, Lyon's 2nd Addition 59,040 4,034.30 3,980.29 Lot 26, Block 6, Lyon's 2nd Addition 21,600 4,034.30 3,980.29 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City Iowa. -Date of Meeting: August 14, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, City Hall, 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: Resolutions in connection with the 1983 Paving Improvements (Lyon's 2nd Addition). - Resolution adopting and levying final schedule of assessments. Such additional matters as are set forth on the addi- tional 14 __ page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A Code of Iowa, and the local rules of said governmental body. Clerk, Cit Ca City. Iowa ti . ^,r .(a -is MRK 8:000 go RESOLUTION NO. 84-230 A RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM. WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, the annual operating expense and debt service payment requirements of the Parking System requires an increase in the total annual parking revenue amount, and WHEREAS, two additional levels are to be added to the Dubuque Street Parking Ramp and are to be constructed with the proceeds from a Parking Revenue Bond Issue. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Effective September 1, 1984, the existing parking rates will be increased accordingly to: Central Business District On -Street Meter .......... $ .30/hour Central Business District Lot Meter ................$ .30/hour Peripheral On -Street Meter (Outside Central Business District) ......................$ .20/hour Peripheral Lot Meter (Outside Central Business District) ..............................$ .20/hour Lot Permits.. ..........................$ 20.00/month City Employee Lot Permits ..........................$ 10.00/month Meter Hoods ........................................$ 3.00/day Parking Ramps: First Hour... ..............................$ .35/hour Each Additional Hour ............................$ .30/hour Permits .........................................$ 32.50/month The above hourly parking rates for parking ramps will apply to both parking ramps with the exception of: Cars exiting when a cashier is not on duty: a flat rate of 50¢ must be deposited at the exit gate. 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 X Erdahl X McDonald X Strait X Zuber Passed and approved this 14th day of August 1984. ATTEST: hjoiLr�tir% �l • �n�% CIT CLERK RESOLUTION NO. 84-23: RESOLUTION MODIFYING THE URBAN RENEWAL PLAN FOR PROJECT IOWA R-14 (SEVENTH RESOLUTION). WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for a Loan and Grant with the United States of America for the implementation of a Urban Renewal Project known as Project No. Iowa R-14; and WHEREAS, the City of Iowa City has reached financial settlement of said Project Iowa R-14 and is continuing said project as part of the Community Development Program; and WHEREAS, the City Council of Iowa City, Iowa has previously adopted and approved an Urban Renewal Plan for said project by Resolution No. 2156 on October 2, 1969, and which Plan has been modified and amended thereafter; and WHEREAS, certain further modifications of said Urban Renewal Plan have been proposed and a public hearing has been held by the City Council of Iowa City, Iowa, on the desirability of said proposed modifications; and WHEREAS, the LPA deems it desirable, necessary and in the public interest that the Urban Renewal Plan be modified as follows: 1. Provide for disposition of certain real property. 2. Amend the Land Disposition Plan to present uses. 3. Revise text for corrections and insertion of up -dated material. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA acting as the Local Public Agency that the Urban Renewal Plan for the City of Iowa City, Iowa for Urban Renewal Project No. Iowa R-14 be modified further as follows: 1. The Urban Renewal Plan be modified as per Attachment A. 2. The Urban Renewal Plan read as contained in Attachment B. It was moved by Erdahl- - - and seconded by Strait. be adopted, and upon ro ca _fiere were: AYES: NAYS: ABSENT: X X AMBRISCO X BAKER x— DICKSON - — ERDAHL - X MCDONALD -y STRAIT X ZUBER Passed and approved this 14th day ATTEST: August . , 1984. the Resolution 11� ATTACHMENT A Page Change 1 1. Change Department of Community Development to Department of Planning and Program Development to reflect departmental title change. 1 2. Add word "line" when referencing a right-of-way in legal descrip- tion. 3 Add "and/" to objective 0 so it will now read: 'To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural and/or historic significance.' 4 Delete the explanatory paragraph under Central Business Zone and replace with language contained in the present Zoning Ordinance for this zone. Deletion of explanatory paragraph under Central Business Service Zone and replace with language contained in the present Zoning Ordinance. 1) Delete from the objective which states "Provide sites for either one or two new or expanded department stores to serve the primary retail generators." This correction is typographical. 7 2) Addition of the phrase "... between Washington and College Streets" in second objective listed on page 7 which will now read: "Provide for the restricting of Dubuque Street from Washington Street to the alley between College and Burlington Streets in order to facilitate pedestrian foot circulation, to allow for emergency vehicles between Washington and College Streets, and to allow the crossing by delivery vehicles at the alley between Washington and College Streets." 7 3) Addition of the word "an" to the public pedestrian link objec- tive. This is a typographical correction. 7 4) Change the floor area ratio to bring it in compliance with the Zoning Ordinance. This objective will now read "Provide for up to 100% block coverage of all private development parcels, and a floor area ratio of up to ten times the development area." Delete: 'Floor area ratios may be granted for the inclusion of plazas, open space, street arcades, internal arcades, canopies, passenger loading and consolidated freight loading facilities." because such provision does not exist in the Zoning Ordinance. 7 5) Deletion of the following objective because it was not enacted: "Provide for the restricting of Capitol Street from Washington Street to Burlington Street (consistent with the objectives for Area 1) in order to facilitate pedestrian circulation and to provide access to contiguous development." 8 1) Addition of the words "which will be" to the hotel -conference center objective so it will read: "Allow for a hotel -conference center designed to meet the demands for transient housing in go 2 Page Change downtown Iowa City which will be readily accessible to commercial and office activity, the University of Iowa campus, and the medical complex.' 8 2) Deletion of the following objective because it was not enacted: 'Provide for the restricting of Capitol Street from Washington Street to Burlington Street (consistent with the objectives for Area 2) in order to facilitate pedestrian circulation, and to provide access to contiguous development.' 8 3) Deletion of the words 'and Capitol' so the objective will read: "Provide for an internal pedestrian circulation network to be constructed largely on the closed right-of-way to College Street.' The Capitol Street right-of-way was not closed and is used for motorized circulation. 8 4) Deletion of the following objective: 'Provide for the restrict- ing of Washington Street from Madison Street to Capitol STreet to be designed with emphasis on transit and pedestrian traffic, but allowing limited automobile traffic.' This restriction was never enacted. 9 1) Change the floor area ratio to bring the objective into compli- ance with the present Zoning Ordinance. This objective will now read: 'Provide for up to 100% lot coverage of all parcels of less than 15,000 square feet; and up to 80% lot coverage on all parcels larger than 15,000 square feet; and a floor area ratio of up to two times the development area.' 9 2) Deletion of the provision which reads: 'Floor area ratio premiums may be allowed for inclusion of private, open space, street arcades, canopies, passenger loading, and freight loading facilities.' because such provision does not exist in the Zoning Ordinance. 10 Deletion of quotation marks as a typographical correction for objective five. 11 Correction of the citation in the first paragraph on page 11 so it now reads Paragraph D -1(a). 12 Addition of the Industrial Revenue Bond Policy and the City Plaza ordinance as existing laws, codes, ordinances, and regulations which affect the urban renewal area. 14 Placement at end of sentence of phrase 'where needed" in the first paragraph in Site Improvements for clarity. 19 Deletion of gender reference ('his') from paragraph E. Map Revisions made to reflect changes in disposition: Parcel 65-2 (Blackhawk Minipark); Parcel 101-3 (Iowa State Bank); and Parcel 64-1 (hotel and former department store). ATTACHMENT B URBAN RENEWAL PLAN Uki%AN eNeWAL wLAN IOWA CITY, IOWA Dept of Planning & Program Development X-29 Fied 4/72, 5/73, 9/73, 9/76, 5/77, 8/79 THE URBAN RENEWAL PLAN CITY -UNIVERSITY PROJECT I PROJECT NO. IA. R-14 IOWA CITY, IOWA TABLE OF CONTENTS Page No. Table of Contents A. Introduction B. Description of Urban Renewal Area 1 1. Boundaries of Urban Renewal Area 1 2. Urban Renewal Plan Objectives 1 3. Types of Proposed Urban Renewal Action 3 C. Land -Use Plan 1. Land -Use Map 4 2. Land -Use Provisions and Building Requirements 4 a. Permitted Land -Uses 4 b. Additional Controls and Objectives 6 c. Initiation and Duration of Land -Use Provision 9 and Building Requirements d. Applicability of Land -Use Provisions and Building 9 Requirements to Real Property Not to be Acquired D. Project Proposals 1. Land Acquisition 10 2. Rehabilitation and Conservation 11 3. Redevelopers' Requirements 18 4. Underground Utility Lines 19 E. Other Provisions Necessary to Meet State and Local 19 Requirements F. Procedures for Changes in Approved Plan 21 Urban Renewal Plan A. INTRODUCTION The continued stability and vitality of the heart of Iowa City as the center for business, governmental, institutional and cultural activities is endangered by blight, deterioration and obsolescence. Recognizing this danger, and consideration the community pride and achievement focused on this area, the City of Iowa City, through its Department of Planning and Program Development, has initiated a program of Urban Renewal action in its Central Business District. This Urban Renewal Plan was prepared with the assistance of the Federal government. The primary objectives of the plan are to stimulate, through public action and commitments,private investments in redevelopment and in rehabilitation. In order to achieve the objectives of the City -Univer- sity Project, the City of Iowa City shall undertake the Urban Renewal actions specified in this Plan, pursuant to the powers granted to it under chapter 403 of the 1975 Code of Iowa, as amended. B. DESCRIPTION OF URBAN RENEWAL AREA 1. Boundaries of Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said center- line and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersec- tion of said centerline and the westerly right-of-way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northerly right-of-way line of Washington Street; thence in a westerly direction to the northwest corner of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way line of Capitol Street to the northwest corner of College Street and—Epitol Street; thence in a westerly direction along the north right-of-way line of College Street to the east line of the Cedar Rapids -Iowa City Railroad right-of-way; thence in a southerly direction along the said Railway right-of-way to the intersection of the north right-of-way line of Burlington Street; thence in a westerly direction along the north right-of-way line of Burlington Street to the Iowa River; thence in a southerly direction along the Iowa River to the south right-of-way line of Court Street as extended to the Iowa River; thence in an easterly direction along said line to the point of beginning. 2. Urban Renewal Plan Objectives The following objectives have been established for the redevelopment and rehabilitation of the City -University Project: 931 -2- a. To eliminate substandard buildings, blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. b. To strengthen central Iowa City as the retail trade business, financial, administrative, governmental, educational, and cultural center of the area. c. To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged in compact, compatible grouping so as to enhance their efficiency of operation and economic inter -relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilita- tion. f. To provide safe, efficient and attractive public and private vehicular access to central Iowa City. g. To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, transit and service vehicles. h. To encourage coordinated development of parcels and structures in order to achieve efficient building design, multi-purpose use of sites, unified off-street parking, trucking and service, and internal pedestrial linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike including long-term parking facilities on the periphery of the central area, and including existing off-street parking outside the project area boundaries. j. To improve the appearance of buildings, rights-of-way and open spaces, and to encourage high standards of design. k. To aid the University of Iowa to expand in an orderly way, so the University and the Business District can each perform its own function with minimum conflict and mutual benefit. 1. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. m. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. 0 -3- n. To provide an environment which improves the attractiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural and/or historic significance. 3. Types of Proposed Renewal Action Proposed renewal action will consist of a combination of clearance and redevelopment, rehabilitation, and the provision of public facilities and improvements. a. Clearance and Redevelopment Property identified on the Land Acquisition Plan Map, Exhibit R -213-D1 attached hereto and made a part hereof, will be acquired by the Local Public Agency, cleared of all improvements and either (1) sold or leased for private redevelopment, or (2) sold, leased or dedicated for construction of public improvements or facilities. Properties are identified for acquisition, clearance and redevelopment for one of the following reasons: (1) To remove buildings which are structurally substandard. (2) To remove buildings,other than buildings which are structur- ally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to the following: (a) Inadequate street layout. (b) Incompatible uses or land -use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facili- ties. Such sites and facilities shall be so located as to meet projected needs, and shall be designed to enhance the downtown area as a whole. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objec- tives of this Urban Renewal Plan. Acquisition of such buildings will take place only when the objectives of this Urban Renewal Plan cannot be met through rehabilitation. 333 -4- b. Rehabilitation Rehabilitation activities will include: (1) Enforcement of "Property Rehabilitation Standards," as set forth in Section D-2 of this Urban Renewal Plan. (2) Provision of technical assistance to property owners to facilitate and stimulate achievement of rehabilitation standards and objectives. c. Public Improvements and Facilities The entire Urban Renewal Plan area will be adequately served by public improvements and facilities including: (1) Installation of new street improvements, utilities, parking facilities, sidewalks, landscaping and other physical features necessary to serve and improve the Project Area. (2) Provisions for achieving high standards of design construc- tion and improvements consistent with the design and development objectives of this Urban Renewal Plan. IW.1N1I -61A9ILNI Land -Use Map The Land -Use Map Plan Map, Exhibit R -213-B, attached hereto and made a part hereof, identifies proposed land -uses and public rights- of-way. Major land -use categories included within the development areas are retail, office, service, civic and cultural, medium and high density residential, institutional, public, and retail service. All thoroughfares and street rights-of-way are shown on the Land -Use Plan Map. Their locations are subject to minor modifications. 2. Land -Use Provisions and Buildina Requirements a. Permitted Land -Uses Central Business Zone (1) The centra usiness zone is intended to be the high density, compact, pedestrian -oriented shopping, office, service, and entertainment area in Iowa City. Development and redevelopment within this zone should occur in compact groupings in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas, or pedestrian ways. The zone is intended to accommodate a wide range of retail, service, office and residential uses. say -5 - Permitted Uses: A broad range of compatible retail/service uses, including: (a) Retail Trade. Those retail uses which serve the county -wide market by virtue of their variety, quality, or specialization of merchandise, including food, drugs and liquor; eating establishments and eating and drinking establishments, general merchandise; apparel and accessories, furniture, furnishings and appliances; hardware; art dealers, antiques; books, stationery and art supplies; sporting goods; toy and hobby shops; jewelry stores; florists; camera and photographic supply; optical goods; cigar stores, news dealers; gift, novelty and souvenir stores; other stores; and other pedestrian -oriented similar and compatible retail uses. (b) Services. Those appropriate activities which serve the daily convenience needs of employees, students, faculty, and shoppers, including banks and other financial institutions; photographic studios; beauty and barber shops, shoe repair shops; instructional services; watch and jewelry repair; hotels; transporta- tion depots; theaters; travel bureaus; indoor recrea- tional facilities (such as bowling alleys); blue- printing and photostating; and other similar and compatible service uses. (c) Offices, business, and professional. Administrative offices and office headquarters; insurance, finance, and real estate offices; professional (e.g., legal, dental, and medical); business services; and other similar and compatible uses. (d) Dwelling units, above the ground floor only. (e) Off-street public parking. (f) Institutional uses above the second floor only. For specific information on permitted uses in the central business zone, see Section 36-21 of the Zoning Ordinance. (2) Central Business Service Zone The central business service zone is intended to allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, and to enhance the pedestrian orientation of the central business district by providing suitable, peripheral locations for auto -oriented commercial and service uses. This zone is intended to accommodate mixed land uses and requires that the intensity of use be less than that permitted in the central business zone. M -6 - Also permitted in this district are multi -family residential uses at the ground floor level and above. For specific information on permitted uses in the central business service zone, see Section 36-20 of the Zoning Ordinance. (3) University Area The University Area will be limited to the development of the academic core and supporting activities of the State University of Iowa. Permitted Uses: Classrooms, laboratories, meeting rooms, faculty and administrative offices, research facilities, service facilities and off-street parking. b. Additional Controls and Objectives There are three development areas comprising the Plan Area (identified on the Land -Use Plan Map, Exhibit R -213B). Addi- tional controls and objectives for each development area include: Central Business Core Area 1 The development of this area should: --Enlarge and strengthen the function of the Central Business District Core as a shopping, business, and entertainment center. --Provide for redevelopment in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, pedestrian ways, and plazas. --Improve the attractiveness and convenience of the shopping environment. --Provide a public plaza in the heart of the Central Business District Core to be constructed largely on and adjacent to the right-of-way of Dubuque Street at College Street, which will serve as an identifiable civic symbol and focal point and function as a center for pedestrian movement. --Provide for the expansion and new development of retail, office, and service activities which will be complimentary to existing activities in use, scale and quality of materials and surfaces. -7- --Provide sites for either one or two new or expanded department stores to serve as primary retail generators. --Provide for the restricting of Dubuque Street from Washington Street to the alley between College and Burlington Streets, in order to facilitate pedestrian circulation, to allow for emergency vehicles between Washington and College Streets, and to allow the crossing by delivery vehicles at the alley between Washington and College Streets. --Provide an attractive public pedestrian link between the public plaza and the activities and uses oriented to Burlington Street, to be constructed parallel and adjacent to the closed right-of-way of Dubuque Street. --Provide for publicly -owned off-street parking facilities to accommodate approximately 1300 to 2000 cars. --Provide for specialty retail and service uses oriented to the pedestrian -ways to accommodate the needs of students, faculty, employees, shoppers, and visitors. --Provide for the retention of private off-street accessory parking, now utilized in conjunction with and as part of existing private uses; such parking areas to be provided with buffering, screening, and/or planting as is deemed appropriate to make them visually attractive to passersby and parkers. --Prohibit any new off-street parking unless granted' by special use permit by the 'City Council, and in that event, for acces- sory parking only. --Provide for up to 100 percent lot coverage of all private development parcels, and a floor area ratio of up to ten times the development area. --Provide for consolidated off-street loading and service facilities wherever practicable; access to be provided from screened public service alleys or courts. --Provide for a pedestrian linkage connecting the University and Central Business District Core areas, to be constructed largely on the closed right-of-way of College Street. --Provide for the closing of College Street between Capitol and Clinton Streets in order to permit land assembly for private development. --Allow for a hotel -conference center designed to meet the demands for transient housing in downtown Iowa City, and to be readily accessible to commercial and office activity, the University of Iowa campus, and the medical complex. 337 -8- --Provide for the restricting of College Street from Clinton Street to Linn Street in order to facilitate pedestrian circulation, to allow for emergency vehicles, and to allow for goods delivery where no alternate access is available. --Provide for the restricting of Street to Clinton Street to transit and pedestrian traffic, traffic if possible. Washington Street from Capitol be designed with emphasis on but allowing limited automobile --Provide for the development of a new public library at the intersection of College and Linn Streets. University Area Area 2 The development of this area should: --Provide sites for the orderly establishment and expansion of the State University of Iowa: such uses north of Burlington Street to be limited to classroom teaching and research facilities, faculty offices, and academic support facilities such as library, museum, student and administrative services. Uses south of Burlington Street are limited to those uses permitted north of Burlington Street, and auxiliary facilities such as off-street parking, physical plant, services, and research facilities. --Provide for the closing of College Street between Madison and Capitol Streets in order to facilitate pedestrian circulation. --Provide for an internal pedestrian circulation network to be constructed largely on the closed right-of-way of College Street. --Provide for reinforcement of the linear quality of the Capitol Street pedestrian way and its axial view to the Old Capitol Building by use of strong, dominant University buildings and appropriate tree planting. --Provide for multi-level development which utilizes the sloping topography between Capitol and Madison Streets. --Restrict building height to a maximum of eight stories, with landscaped set -backs to be guided by existing University development to the north. --Provide for consolidated off-street loading and service facilities wherever practicable; access to be provided from screened service alleys or courts. go -9 - Central Business Service Area Area 3 The development of this area should: --Provide for the orderly expansion of the central business district by permitting such activities as retail, office, and multi -family residential uses. --Provide for the expansion or development of auto -oriented activities. --Provide space for either surface or structure parking to meet the needs for employer and employee long-term parking; such parking to be in proper relationship to Burlington Street and the established traffic pattern, so as to divert traffic from residential streets. --Provide for consolidation of off-street loading and service facilities wherever practicable; access to be provided from screened public source alleys or courts. --Provide for up to 100 percent lot coverage of all parcels of less than 15,000 square feet; and up to 80 percent lot coverage on all parcels larger than 15,000 square feet; and a floor ratio of up to two times the development area. --Provide for the closing of Capitol Street from Burlington Street to Court Street in order to permit land assembly for private development. c. Initiation and Duration of Land -Use Provision and Requirements d. The above -stated land -use objectives, provisions and requirements shall be in full force and effect for a period of 25 years from the date of original City Council approval of the Urban Renewal Plan and shall automatically extend for five year periods thereafter, unless changed by the City Council. Every effort will be made by the City of Iowa City to apply the above land -use objectives, provisions, and requirements to real property not to be acquired. These objectives, provisions, and requirements shall be applicable to property in the clearance area which is not to be acquired when the owner thereof acquires project land. RM -10- D. PROJECT PROPOSALS 1. Land Acquisition a. Property Proposed to be Acquired The real property to be acquired in the City University Project area is identified on Land Acquisition Plan Map, Exhibit R -213D1. Properties are identified for acquisition for the following purposes: (1) To remove buildings which are structurally substandard. (2) To remove buildings,other than buildings which are structur- ally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to, the following: (a) Inadequate street layout. (b) Incompatible uses or land -use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facili- ties in proper relationship to the project demand for such facilities and in accordance with accepted design criteria for such facilities. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objec- tives of this Urban Renewal Plan. Acquisition of such basically sound buildings will take place only when the objectives of this Urban Renewal Plan cannot be met through rehabilitation. (5) To purchase vacant land in order to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construc- tion to meet the objectives of this Urban Renewal Plan. b. Conditions Under Which Property not Designated for Acquisition Property not designated for acquisition may be acquired by the City of Iowa City if such property is not made to conform to the Urban Renewal Plan, Property Rehabilitation Standards, and local W -11 - codes and ordinances, or if the acquisition of such property is necessary for one or more of the purposes set forth in Paragraph D.1.(a) of the Urban Renewal Plan. c. Conditions Under be Properties presently designated for acquisition in the Urban Renewal Plan and which are not otherwise necessary to accomplish the objectives of this Urban Renewal Plan may be exempted from acquisition by the City of Iowa City if the owner or owners enter into suitable agreements with the City demonstrating conclusively that the proposed redevelopment of such property,or the rehabili- tation of the building situated thereon, conforms in all respects with the design objectives, land -use provisions, and Property Rehabilitation Standards of this Urban Renewal Plan. Properties presently designated for acquisition in the Urban Renewal Plan may be delegated at any time, without entering into any agreement with the owner(s), if such deletion is determined by the governing body of the Local Public Agency to be in the best interest of the Project. 2. Rehabilitation and Conservation a. The Urban Renewal Plan has set forth specific planning proposals which will improve the environment in the Project Area and encourage the physical rehabilitation of buildings designated to remain. b. A continuous and vigilant enforcement of existing laws, codes, ordinances, and regulations of the City of Iowa City and the State of Iowa will be in effect and in force within the City University Project Area (Iowa R-14). These include, but are not limited to: Zoning Ordinance - adopted July, 1962, as subsequently amended. Minimum Housing Standards - adopted March, 1957, as subsequently amended. Uniform Building Code, International Conference of Building Officials, as modified, adopted July, 1956, as subsequently amended. The National Electrical Code; National Fire Protection Associa- tion, as modified, adopted January, 1970, as subsequently amended. Plumbing Code, adopted October, 1957, as subsequently amended. Fire Protection and Fire Prevention Codes including the Uniform Fire Code; International Conference of Building Officials, as modified, adopted July, 1962, as subsequently amended. 9W -12- Subdivision Regulations, adopted January, 1964, as subsequently amen ed. Signs and Billboards Ordinance, (see Zoning Ordinance). Garbage and Refuse Code, adopted April, 1953, as subsequently amended. Industrial Revenue Bond Policy, adopted October, 1980, and subsequently amended. City Plaza Ordinance, adopted May, 1978, as subsequently amended. c. Structures which do not meet applicable codes and ordinances and whose owners refuse to bring, or are incapable of bringing, them into compliance, may be acquired by the City of Iowa City. Upon the acquisition of such property, the City of Iowa City may sell such property to a private purchaser(s) at its fair market value, subject to its being rehabilitated to the Property Rehabilitation Standards, or the City of Iowa City will demolish the structure(s) thereon and dispose of the land, in accordance with the Urban Renewal Plan, at its fair market value to a developer for redevelopment. d. There will be no acquisition of parcels for the purpose of demonstrating the kinds and methods of rehabilitation suitable for this area. e. The standards for the rehabilitation of all existing structures to remain in the project area are the achievement of not less than the minimum Property Rehabilitation Standards established for this project. Subject standards include applicable provi- sions of existing local codes and ordinance, as heretofore identified. In addition to the requirements of applicable codes and ordi- nances, the following specific requirements shall be in effect as Property Rehabilitation Standards for the City -University Urban Renewal Project. The provisions of local codes and ordinances will be enforced as the basic rehabilitation standards for the project area. In addition, the following standards have been incorporated into the Urban Renewal Plan as minimum requirements for properties remaining in the project: (1) Non -Residential Rehabilitation (a) Exterior Public Areas All public walks, steps, porches, drives, and parking areas, for convenient all-weather access shall be so constructed and maintained as to assure safety and -13 - reasonable durability. If any its state of repair constitutes safety, it shall be replaced. (b) Enclosure of Storage such area by virtue of a danger to health or All storage, except permitted "limited" display, shall be in completely enclosed buildings or obscured from public view by a solid fence or wall not less than eight (8) feet in height. "Limited" display shall be construed to mean immediate inventory goods or products intended for sale on the premises and necessary for sales stimulation. (c) Surfaces and Store Fronts Except where essential to the architectural design of the building, all exposed surfaces with unsightly appearance shall be painted or otherwise treated to retard deterioration and improve the appearance. (d) Overhanging Structures All canopies, marquees, signs, metal awnings, exterior stairways, fire escapes, standpipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored; and they shall be protected from the elements and against decay and rust by the periodic application of weather -coating material such as paint or other protective treatment. The use of combustible plastics in signs and other advertising devices shall be limited to letters and decorations (not structure or structural trim). All deteriorated overhanging structures shall be removed or so repaired as to ensure adequate anchor- age. (e) Windows All windows exposed to public view shall be kept clean and in a state of good repair. No storage of materi- als, stock, or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view by drapes, venetian blinds, or other rendering of such windows opaque to public view. All screening of interiors shall be maintained, clean and in good state of repair. (f) Air -Conditioning -- Outside Elements All air conditioners and heating units shall be maintained in a safe mechanical and electrical condi- tion. M -14 - All exterior air conditioners which are installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk. (g) Site Improvements Open space shall be so designed and located as to: (1) provide for the immediate diversion of water away from buildings and disposal of the lot; (2) prevent soil saturation detrimental to structures and lot use; and (3) provide appropriate paved walks, parking areas, driveways, steps, landscaping. All unpaved areas shall be provided with vegetation or other suitable cover to prevent erosion and improve appearance. Bushes, shrubs, trees, and grass shall be trimmed when necessary and removed when dead. All fences and retaining walls shall be kept in good structural repair, removed, or replaced. All fences shall be periodically treated with chemicals or paints so as to retard deterioration and improve the appear- ance. All deteriorated accessory buildings shall be removed or rehabilitated. All accessory buildings to remain shall provide usable space and shall not harbor rodents, termites or other vermin. All unsightly alleys, rears of buildings, or other areas which may have a deteriorating effect on sur- rounding properties or public areas shall be screened from view by a fence, wall, or compact shrubbery, at least 50% opaque between two feet and seven feet above ground level. (2) Rehabilitation Requirements for Dwelling Units (a) Sewage Disposal All plumbing fixtures shall be drained to an approved sewage drainage system connected to a public sewer or other approved system. Substances which will clog pipes, produce explosive mixtures, destroy pipes or their joints, or interfere with disposal process shall not be discharged into the system unless provided with approved intercepting devices. Each fixture shall be equipped with a water seal trap. 9qI 2ti: Adequate circulation of air shall be provided for in all vent piping to avoid the loss of trap seal. Vent terminals shall be maintained so as to minimize clogging, frost closure, return of foul air, or nuisance to neighbors. Adequate air breaks shall be provided in sanitary drains to prevent contamination from sewage backup. (b) Fixture Conditions Complete bathing and sanitary facilities shall be provided within each dwelling unit, consisting of a water closet, a tub or shower, or a lavatory. There shall be provided an adequate supply of hot water to the tub or shower stall and lavatory, and cold water to all fixtures. Arrangement of fixtures shall provide for the comfortable use of each fixture and permit at least a 90 degree door swing. Wall space shall be available for a mirror or medicine cabinet and for towel bars. The bathtub shall not be less than four feet, six inches long. Shower, if provided, should have a least dimension of not less than 30 inches. all fixtures shall be located and spaced for reasonable accessibility and should be of smooth, non-absorbent surfaces. (c) Doors and Access Openings (Exterior) Existing doors in sound condition and to remain should approximate in size the following, and the minimum size of new doors in new openings shall be: Width Height Main Entrance Door 310"* 616" Service Doors 236" 616" *Where serving 5 or more dwelling units - 3'4" minimum. Where new doors are installed in acceptable existing door openings, the doors should approximate the sizes given above. All exterior doors shall have safe locks. (d) Doors and Access Openings (Interior) A door shall be provided for each opening to a bedroom, bathroom, or toilet compartment. Doors to bathrooms and toilet compartments shall be hinged or sliding and shall have locks. S5/S (e) (f) -16 - Existing doors in sound conditions and to remain shall approximate in size the following, and minimum size of new doors installed in new openings shall be: 1-a. Habitable rooms, 2'6" wide. 1-b. Bathrooms, toilet compartments and closets other than linen and broom, 2'0" wide. 1-c. Service stair doors, 2'6" wide. 1-d. Cased openings, 2'6" wide. 1-e. To public stairway enclosures, single door = 3'0" wide; double door = 2'4" wide. 1-f. Height of all interior doors, 6'6". Where new doors are installed in acceptable existing openings, the doors should approximate the sizes given above. Closet Space Clothes closet space shall be provided within each living unit on the basis of approximately 12 sq. ft. for the first bedroom plus 6 sq. ft. for each addi- tional bedroom. The space provided should be, if possible, divided into separate closets serving each bedroom and having one closet located so as to open directly from a hall or living or dining room. None of the minimum clothes closet space shall be located within the kitchens. Where separate closets for each existing bedroom area not possible, a closet elsewhere within the dwelling unit is acceptable provided the minimum area is obtained and is reasonably accessible to the bedroom. Clothes closets shall have a shelf and rod. Within each dwelling unit, built-in drawer space of at be provided for linens. This ately increased for dwelling bedrooms. Light and Ventilation Habitable Rooms a total shelf area or least eight sq. ft. should space should be appropri- units having three or four All habitable rooms, except kitchens, shall have natural light, provided by means of windows, glazed doors, or skylights. A glass area of at least 10 percent of the floor area shall be provided for new or remodeled rooms, or other spaces. Existing rooms not disturbed in the rehabilitation shall have a glass area not appreciably below a total of 10 percent of the floor area. 0 -17 - An acceptable means of natural ventilation shall exist or be provided for all habitable spaces, except that for kitchens a mechanical ventilation system may be substituted. A ventilation area of 4 percent of the floor area of the space shall be provided. Artificial light shall be provided and so distributed as to assure healthful and sanitary conditions in all rooms or spaces. An interior room not having its own source of natural light and ventilation is acceptable only where the room is adjacent to an outside room which has adequate natural light and ventilation, calculated on the basis of the combined floor area of the two rooms has a clear horizontal opening approximately 6 feet wide. The interior room shall not be a bedroom. Kitchens Artificial light shall be provided, and distributed so as to give effective illumination throughout. Ventilation shall be provided by natural means in amounts as calculated for habitable rooms and not less than 3 sq. ft., or by mechanical ventilation. Where a kitchen is not separated from the living room by partitions and door or permanent screen, mechanical ventilation shall be provided for the kitchen. Bathrooms and Toilet Compartments Artificial light shall be provided. Ventilation shall be provided by natural means in amounts as calculated for habitable rooms and not less than 1-1/2 sq. ft., or by mechanical ventilations or by gravity -type ventilation equipped with a winddriven roof ventilator above the roof level. Public Spaces General Adequate artificial light shall be provided for all public spaces. Public Entrance Spaces to Building a. All public entrance space should have natural light provided by window, doorway or equivalent glass area of at least 10 percent of the floor area. 9117 -18- b. Either natural ventilation of at least 4 percent of floor area or mechanical ventilation shall be provided. Public Hallways and Stairways a. Public hallways and unenclosed stairways shall be provided with either natural ventilations (at least 4 percent of floor area) or mechanical ventila- tion. b. Where dependence is placed upon natural light for daytime use of hallways or unenclosed stairways, windows, skylights or the equivalent shall be provided containing at least 10 sq. ft. of glass area, or its equivalent, for each floor so served. c. Enclosed stairways shall be ventilated by a mechanical or gravity system to provide approxi- mately 4 air changes per hour. Habitable Rooms of Livino Units Below Grade For habitable rooms below grade, the depth of the finish floor below its adjacent outside grade level shall not exceed 4 ft. 0 in. Natural light and ventilation standards for habitable rooms above grade shall apply. Ventilation of Utility Spaces Utility spaces which contain heat producing, air conditioning and other equipment shall be ventilated to the outer air, and air from such spaces shall not be recirculated to other parts of the building. Ventilation of Structural Spaces Natural ventilation of spaces such as attics and enclosed basementless spaces shall be provided with openings of sufficient size to overcome dampness and minimize the effect of conditions conducive to decay and deterioration of the structure, and to prevent excessive heat in attics. All exterior ventilation openings shall be effectively and appropriately screened where determined needed by the City of Iowa City. 3. Redeveloper's Requirements The Redeveloper will be required by contractual agreement to observe the Land -Use and Building Requirements and General Design Objectives of this Urban Renewal Plan. The contract and other disposition documents will set forth in detail the provisions, standards, and M 10 -19 - criteria for achieving the objectives and requirements outlined in the Urban Renewal Plan. The City of Iowa City will select redevel- opers on the basis of their proposals, their ability to carry out such proposals, and the conformance of the proposals to the Urban Renewal Plan. This may be through fixed price offerings, minimum price offering, or by other means which, in the determination of the City of Iowa City, will best assure the attainment of the development and design objectives of this Urban Renewal Plan, in accordance with State and Federal law. Deposition documents will provide for achieving the unified develop- ment and maintenance of common areas, service access, walks, utili- ties, and driveways. In addition, the following provisions will be included in each Agreement: a. That the Redeveloper will submit to the City of Iowa City a plan and schedule for the proposed development. b. That the purchase of the land is for the purpose of redevelopment and not for speculation. c. That the land will be built upon and improved in conformity with the objectives and the provisions of the Urban Renewal Plan. d. That the construction of improvements will be commenced and completed within a reasonable time. e. That the Redeveloper and successor or assign agree that there will be no discrimination against any person or group of persons on account of race, creed, color, sex, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises therein conveyed, nor will the Redeveloper, or any claiming under or through the Redeveloper, establish or permit such practice or practices of discrimination or segregation with reference to the selection, leases, subleases, or vendees in the premises therein conveyed. 4. Underground Utilities Existing and proposed utility distribution lines shall be placed underground wherever feasible. E. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS Chapter 403 of the 1975 Code of Iowa, as amended, authorized cities to exercise "urban renewal project powers" and certain other powers for the rehabilitation and redevelopment of blighted areas. Certain provisions re to be fulfilled in order to exercise these powers. These requirements are underlined, followed by the method of satisfying the requirement. -20- 1. Resolution of Necess a um or Blighted Areas Exist in The Resolution of Necessity was adopted by the City Council on September 2, 1969. 2. Resolution Determining that the Urban Renewal Project Area is a Slum or Blighted Area or a Combination Thereof and Appropriate for an The Resolution designating the area as a slum or blighted area and appropriate for an Urban Renewal Project was passed by the City Council on September 2, 1969. 3. A General Plan for the Municipality This constitutes that Comprehensive Plan and Comprehensive Plan Upate for the City of Iowa City as adopted by the City Council. The General Plan is continually under review, with updating of major plan elements on a systematic basis. The Workable Program for Community Improvement was most recently certified on June 1, 1973. 4. Planning Commission Recommendations as to Conformity of the Urban Renewal Plan with the General Plan. The Planning Commission recommendations were forwarded to the City Council on September 5, 1967. 5. Public Hearing on the Urban Renewal Project After Public Notice Thnrnnf Public Hearings pursuant to State and local law were held on Septem- ber 23, 1969, May 1, 1973, September 21, 1976, and May 10, 1977, August 14, 1979, and July 31, 1984. 6. Approval of the Urban Renewal Project by the Local Governi a. A feasible method exists for relocatinq families All families and individuals from the area will be offered decent, safe and sanitary accommodations within their means and without undue hardship to such families. b. The Urban Renewal Plan conforms to the municipality 1 plan of the The Urban Renewal Plan conforms and follows from the Comprehen- sive Plan and Comprehensive Plan Update of the City of Iowa City. The Resolution approving of the Urban Renewal Project was passed by the City Council on October 2, 1969. ASA -2I - F. PROCEDURE FOR CHANGES IN THE APPROVED URBAN RENEWAL PLAN If the City desires to modify this plan, it may do so after holding a public hearing on the proposed change in accordance with applicable State and local Law. Any change affecting any property or contractual right can be effectuated only in accordance with applicable State and local Law. IT5) Land Acquisition Plan to c 0 o+ v W i 95 MIST Burlington St. 3 + v� 94 • , � m U_ 0 ii m U College St. • +o 10 IV 92 c u . u +, 1] I. Is . 83 J".. '� 82 E*7 Prepared By: Department of Community Development 65 .s w 64 City -University Project Project Number Iowa R44 City of Iowa City. Iowa 1972 Exhibit R -213-D1 Legend Block Number Parcel Number Rights -of -Way Vacated Parcels To Be Acquired Project Boundary Net Togo Acquired N d PROPOSED LAND USE N uuI COURT ST. W O m 0 0 City -University Project Project Number Iowa R-14 City of Iowa City, Iowa July 1984 Exhibit R -213-B CENTRAL BUSINESS Em DISTRICT CORE UNIVERSITY AREA CENTRAL BUSINESS SERVICE AREA DEVELOPMENT AREA BOUNDARY PROJECT AREA BOUNDARY DEVELOPMENT AREA NUMBER M 0 z ' I RESTRICTED STREETS M^W COLLEGE ST BURLINGTON ST: .. : s ::•:� ' ':::' uuI COURT ST. W O m 0 0 City -University Project Project Number Iowa R-14 City of Iowa City, Iowa July 1984 Exhibit R -213-B CENTRAL BUSINESS Em DISTRICT CORE UNIVERSITY AREA CENTRAL BUSINESS SERVICE AREA DEVELOPMENT AREA BOUNDARY PROJECT AREA BOUNDARY DEVELOPMENT AREA NUMBER M 0 z ' I RESTRICTED STREETS M^W LAND DISPOSITION PLAN WASHINGTON ST H U) N COLLEGq ST Z F- J i 011, .� Q ZI• BURLINGTON ST F. N ii/ Z F- i O Q N ii/ Itel i ilii/ � i ZI• N 2 LEGEND BLOCK NUMBER PARCEL NUMBER DISPOS. PARCEL City -University Project Project Number R-14 City of Iowa City July 1984 Itel WX 2 LEGEND BLOCK NUMBER PARCEL NUMBER DISPOS. PARCEL City -University Project Project Number R-14 City of Iowa City July 1984 RESOLUTION NO. 84-232 RESOLUTION AUTHORIZING APPLICATION FOR 14 SECTION 8 EXISTING HOUSING CERTIFICATES AND REQUESTING FUNDS WHEREAS, the City of Iowa City is eligible to receive and has made applica- tion for Rental Rehabilitation Grant Funds under Section 17 of the United States Housing Act of 1937; and WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority who has received an invitation to submit an application for fourteen (14) Section -8 Housing Certificates; and WHEREAS, the Iowa City Housing Authority presently has a contract with the Department of Housing and Urban Development to administer the Section 8 Existing Housing Program, contract #KC9033-E, and wishes to expand that program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA. 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said application to the Department of Housing and Urban Development for fourteen (14) Section 8 Existing Housing Certificates. 2. That said application shall be a request for funds under the Section 8 Housing Assistance Payments Plan for existing units. 3. That the City Clerk is hereby authorized and directed to certify appro- priate copies of this resolution together with any necessary certifica- tions as may be required by the Department of Housing and Urban Develop- ment. 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 14th dayAof August , 1984. ATTEST: iaeadved MO Approved 8y The kTal Deparhrew �_. 8181 b+ RESOLUTION NO. 84-233 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE REVISED ANNUAL CONTRIBUTIONS CONTRACT. WHEREAS, the City Council of Iowa City (herein called the "Local Authority") proposes to enter into an amended contract (herein called the "Annual Contri- butions Contract") with the United States of America defined in the Annual Contributions Contract and which at any time now or hereinafter is incorpo- rated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section '1. The amendment to the Annual Contributions Contract in substan- tiai7y the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro Tem is hereby authorized and directed to execute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts; or any of 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 Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Ambrisco and seconded by Erdahl be adopted, and upon roll call there were: AYES: NAYS: X X _ X _ X _ X _ X Passed and approved thisl4th ATTEST: ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT X ZUBER day of August 1984. �AYO� R the Resolution Rceeived & Approved By The Legal Cepathnerd 9111 AMENDMENT NO. 1 TO ANNUAL CONTRIBUTIONS CONTRACT NO. RC— 9033E PROJECT NO. LA05—EO22-001/002/003/004/006/ 007/008/009 This Amendatory Agreement entered into this 20thday of August 1984, 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. 3531), and the Iowa City Housing Authority (herein called the "Local Authority"); WITNESSETH: WHEREAS, the parties entered into a certain Annual Contributions Contract on October 18, 1983 (which Contract as amended to above date is her called the "Contract"); and WHEREAS, the parties desire to amend said Contract in the particulars hereinafter set forth; NOW, THEREFORE, the parties do hereby agree that said Contract be and the same is hereby amended as follows: Section 1.3(a) of Part I of the Annual Contributions Contract is amended by deleting "five (5)" and in lieu thereof, "two (2) years and eight (8) months." All other provisions of the Contract shall remain in force and effect. IN WITNESS WHEREOF, the Local Authority and the Government have caused this Agreement to be executed and the Local Authority has caused its seal to be hereunto affixed and attested all as of the Date of This Contract First Above Written. (SEAL) ATTEST: �L ddb T Q A A Title: City Clerk le Mayor UNITED STATES OF AMERICA U. S. DEPARTMENT OF HOUSING 6 URBAN DEVELOPMENT xsz RESOLUTION N0. 84-234 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC. WHEREAS, the City Council of the City of Iowa City did, by Resolution No. 83-339 dated October 11, 1983, authorize and enter into an agreement with the Emergency Housing Project, Inc. to utilize Community Development Block Grant funds to acquire, rehabilitate, and operate an emergency housing facility for transients and other persons with emergency housing needs; and, WHEREAS, additional funds are necessary to satisfactorily complete the rehabilitation of the emergency housing facility in accordance with the terms of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor be authorized to sign and the City Clerk to attest an amendment to the Agreement with the Emergency Housing Project, Inc. to increase the level of funding under said Agreement from $125,000 to $1559000. Said amendment is attached to this resolution and is incorporated herein by this reference. 2. That the City Manager by authorized and directed to amend the Commu- nity Development Block Grant program and budget to reflect the above-described revision. 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 R STRAIT _ X ZUBER Passed and approved this 14th day of August 1984. YOR ATTEST: I r1t CLERK -dJ Received & Approved By The Legal Depathimm hb all BY QSg AMENDMENT T( REEMENT BETWEEN THE CITY OF I--- CITY AND THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY This agreement, entered into this 14th day of Au st , 1984 b and between the City of Iowa C tfi y; a munic pa corporation (herein referred to as the "City"), and the Emergency Housing Project, Inc., a private non-profit corporation (herein referred to as "EHP"), is an amendment to the agreement providing for an emergency housing facility. This agreement amends portions of the original agreement executed October 18, 1983, and the amendment to that agreement executed February 28, 1984, as follows: PART I II. COMPENSATION AND METHOD OF PAYMENT: The City will pay and EHP agrees to accept in full an amount not to exceed one hundred fifty-five thousand dollars ($155,000) for performance under this agreement, as follows: 1. Partial payment will be made upon presentation of a properly executed real estate sales agreement for purchase of the property. Said partial payment will be in the amount required as down payment for the property. 2. Partial payment equal to the balance of the purchase price for the property will be made upon written request of EHP, such amount to be available at the time of the closing of the purchase; provided the required insurance coverage (Section IV.0 of Part I of this agree- ment) is obtained. 3. The balance of the amount payable hereunder will be paid upon presen- tation of a properly executed contract for the rehabilitation of the structure, subject to the proposed rehabilitation work, as provided in said contract, meeting HUD minimum requirements as determined by the City. 4. The City may also, upon request of EHP, advance funds under this agreement directly to such providers of professional and technical services (architectural, appraisal and the like) as are reasonable and necessary to achieve the purposes of this agreement. 5. The total of the above payments will not exceed $155,000. In witness whereof, the parties hereto have executed this agreement on this 14thday of August 1984. CI OF OWA CITY, IOWA TTEST: y�� � &Jai Reeehred & A"tavW By Thome L"all beperlt'rletll EMERG Y HOUSING P OJECT, INC. ATTEST: RESOLUTION NO. 84-235 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY AND THE UNITED STATES POSTAL SERVICE AUTHORIZING POLICE PERSONNEL TO GO UPON FEDERAL PROPERTY FOR LAW ENFORCEMENT PURPOSES. WHEREAS, the City's Police Department regularly patrols the Federal Building; and WHEREAS, questions have arisen in other parts of the country regarding the authority of police personnel to enter upon Federal property for law enforce- ment purposes; and WHEREAS, the U.S. Postal Service has asked the City to enter into an agree- ment expressly authorizing police personnel to go upon Federal property for law enforcement purposes. 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 an agreement between the City and the United States Postal Service, which authorizes the City's police personnel to go upon Federal property at 400 S. Clinton Street, Iowa City. 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 14th day of August 1984. AYOR ATTEST: CIT CLERK Received & Approved By Th Legal D pefirntd �' 8 cY�V THIS AGREEMENT, made and entered into this 30th day of July, 1984, pursuant to the terms of Chapter 28E of the Iowa Code, 1983 and Title 40, Section 318b, United States Code by and between the CITY OF IOWA CITY, IOWA, A MUNICIPAL CORPORATION (hereinafter referred to as the 'City") and the UNITED STATES POSTAL SERVICE (hereinafter referred to as the "Postal Service'). WITNESSETH: WHEREAS, the Postal Service owns several parcels of property within the Corporate Limits of the City; and WHEREAS, there is some question whether municipalities have power to go upon Federal property for law enforcement purposes; and WHEREAS, the Postal Service desires to have such properties and facilities patrolled by the Police Department of the City; and WHEREAS, the city has an organized Police Department capable of patrolling such facilities to enforce applicable laws and ordinances; and WHEREAS, it would be to the mutual advantage of both the City and the Postal Service to enter into an agreement pursuant to Chapter 28E of the Iowa Code, 1983 and Title 40, Section 318B, United Stated Code, whereby the City would be expressly authorized to provide Police protection and patrol all such Postal facilities and properties: NOW THEREFORE, FOR AND IN CONSIDERATION OF THE TERMS, CONDITIONS AND COVE - NWS OF THIS AGREEMENT, THE PARTIES HERETO AGREE AS FOLLOWS: P 1. The City's Police Department shall regularly patrol all Postal Service properties and facilities located at 400 S. Clinton Street, Iow# City. 2. The City's Police Department shall also have authority to enter on to all such properties and facilities to suppress affrays, keep peace and enforce all applicable laws and ordinances. 3. The patrol and law enforcement services provided will normally be limited to postal facility grounds, parking lots, postal vehicles and postal facility lobby areas, which are unlocked and open for public use. 4. Postal facility workroom areas are restricted areas and City Police Department employees shall not enter such areas except in cases of emergency. 5. The terms of the Agreement shall be for one year commencing on the 1st day of August, 1984 and extend to the 31st day of July, 1985. CITY QF IOWA CITY, IOWA BY In ona yor owa City, Iowa ATTEST: // 7 . 7C.c� Ciby Clerk Iowa City, Iowa UDNanITE STATES OSTAL SERVICE nR VICE BY �a eaa , os Iowa City, Iowa Received i Approvaa By , t°9+i Y Pe nt STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this l4,b day of 1984, before me, the undersigned, a Notary Public in an or sa coun y said state, personally appeared John McDonald and Marian K. Karr, to me personally known, 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 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 acknowledge the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Pu c in ander Johnson oun y, owa STATE OF IOWA SS: JOHNSON COUNTY On this / day of X984, before me, the undersigned, a Notary Pu c in and or said County said State, personally appeared Daniel Gregg, to me personally known, who, being by me duly sworn did say that he is the Postmaster of Iowa City, Iowa, who executed the within and foregoing instrument for the United States Postal Service; that said instrument was signed on behalf of said Postal Service by authority of its Board of Direc- tors; and that the said Daniel Gregg acknowledged the execution of said instrument to be the voluntary act and deed of said corporation ,��a� by hies voluntarily executed. /J v 2` RESOLUTION NO. 84-236 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY85 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 FY85 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 Dickson the Resolu- tion be adopted, and upon roll call there were: AYES: X X X X X X NAYS Passed and approved this 14th day ATTEST: Vi, •... I CITr CLERK ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT X ZUBER August , 1984. Rgoelved & AppmW By 1he Legal Do ftwo ? zG 1 94- a , GREEMENT FOR TRANSIT SERVICES This Agreement, made and entered into this 14th day of Aueust , 1984, 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, 1984, and shall continue through June 30, 1985. 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 $21,745 for the provision of public transit services herein described. Payment shall be made in 12 monthly payments of $1,812.08 each, to be received by the City of Iowa City on or before the 15th of each month, with first said payment due upon execution of this agreement. 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: c 'Z Jo McDona d, Mayor ATTEST: By: Martian K. Karr, City -Clerk RoWna A Approved BY heLega1De ft*nl n/,/. 104- ATTEST: By-. i ,6T 0i.1oaowltjc. City C rk 24 U 14 9 L I .� c 84-237 ;. r• o r,r• Donald Shimon submittedfrom the service of the Cit ;oAugust •;, and '. c 00i ' Wilernts, the said Donald Shimon as an employee of the:. Landfill Division has given the City of Iowa City 25 years oof .•. a .314t=02 i e City Council. commend the said Donald Shimon for.; 5said service. 0 ,.. 94trefore be it ptsoffitb ,V TIle d.. (gouncil of Tolun U 0 0 bog r 1. That the City Council of Iowa City, Iowa hereby commends Donald Shinonr '.for meritorious service i. the LandfillDivision of the City over the years 4 J ,. 0 . . gratitude . . , . Donald . 0 ON • 0 C L 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy ►. K1 10 of • • to Donald Shimon 10 10 10 It was moved by Ambrisco and seconded by Strait that the Resolu- 0 r' tion be adopted. N1 rN �� ATrEST. IIi. ... • � iii I W / / •� /� i CITY CLERK MAYOR ►� Passed and approved this 28th day Augmust, 1984. '� c.: ❖ui•.ooi4oa�oo.•iiL4❖.❖.4❖.❖.aooa.❖.❖.❖.•Ouou.•oaoououu0.❖a.•o.4.0.•0o.❖.•i•.o❖.•.uo.•ar.•.00❖�.0❖.•oo•�o.•r..� 9 L I 9�.) q RESOLUTION NO. 84-238 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 P, Supper Club Iowa City Saloon Company R. R. 2 121 E. College Street Iowa City, Iowa Iowa City, Iowa It was moved by -and seconded by that the Resolution as reade adopted, and upon rollca t ere were: AYES: NAYS: ABSENT: Ambrisco x_ Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 2 t day of 19 84 . Attest: 5Z1� RESOLUTION NO. 84-239 RESOLUTION ACCEPTING THE SANITARY SEWER FOR LOTS 16 AND 26 IN THE RESUBDIVISION OF PART OF LOT 30, CONWAY'S 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 sanitary sewer for Lots 16 and 26 in the resubdivision of part of Lot 30, Conway's Addition as constructed by Knowling Brothers Construction 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 Fe--R-opted, and upon roll call there were: . AYES: NAYS: ABSENT: X Ambrisco X Baker R Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 28th day of August 1984 . MAYOR Recelved 8 Appreve-i ATTEST: �� �. ��_ CITY CLERK By Tio Legal Department 82 Ak RESOLUTION NO. 84-240 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK BAi IAMQNDS FENCE PRQOECT 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 11th day of September , 19 84, 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 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 28th day of August , 19 84 . ATTEST: that the 5.♦ 6) L RESOLUTION NO. 84c241 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF MILLARD WAREHOUSE, PHASE III AND IV. WHEREAS, the owner, Millard Warehouse, 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) plan for Millard Warehouse, Phase III and IV, located on Lot 1 of BDI 4th Addition; 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 have been examined by the Planning and Zoning Commission and after due deliberation said commission has recommended that they be accepted and approved; and WHEREAS, the preliminary and final plan is found to conform with all of the requirements 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 LSNRD plan for Millard Warehouse, Phase III and IV located on Lot 1 of BDI 4th Addition is hereby approved. 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 plan after passage and approval by law; and the owner/developer shall be responsible for recording them at the office of the County Recorder of Johnson County, Iowa, and returning a copy of such recorded document to the office of the City Clerk for the issuance of any building permits as 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 DICKSON X ERDAHL —R— MCDONALD X STRAIT X ZUBER Passed and approved this 28th day of AAuRust 984. OR ATTEST: CI``LA ,Z. &Calved i Approved or Legal D drnent Iowa City, Iowa, August 28, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson Erdahl McDonald Strait Absent: Zuber -1- 870 (other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $3,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project), pursuant to the provisions of Chapter 419, Code of Iowa and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of defraying all or a portion of the costs of Southgate Development Company, Inc., an Iowa corporation (the "Company"), relating to acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa; and to change the name of the developer of the Project from Pharmaceutical Development Systems, Inc, to Southgate Development Company, Inc. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Southgate Development Company, Inc., with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds and to change the name of the developer and owner of the Project from Pharmaceutical Development Systems, Inc. to Southgate Development Company, Inc. notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) None -2- 911 After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the issuance of the Bonds as proposed, Council Member Ambrjc(-n proposed the following Resolution and moved its adoption. Council Member Dickson" seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Baker, Ambrisco D3cks6n,Erdahl g Mcnonaldt Strait NAYS: The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- g%sZ RESOLUTION NO. 84-242 RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT), OF THE CITY OF IOWA CITY, IOWA, AND CHANGING THE NAME OF THE DEVELOPER AND OWNER OF THE PROJECT TO SOUTHGATE DEVELOPMENT COMPANY, INC. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying the costs of Southgate Development Company, Inc., an Iowa corporation (the "Company"), relating to acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (the "Project"); and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agreement, to the Company, to be used for the aforesaid purposes; and WHEREAS, the City has determined there is a public need in the City and its surrounding environs for expanded and improved industrial facilities as proposed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) (the "Bonds"), of the City of Iowa City, Iowa; and to change the name of the developer and owner of the Project from Pharmaceutical Development Systems, Inc. to Southgate Development Company, Inc., has been published as required by law; and WHEREAS, a resolution was adopted on August 14, 1984, adjourning said public hearing to August 28, 1984; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of public hearing previously published and in the resolution adopted on August 14, 1984, and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: -4- Qin Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of - its Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project), in an amount not to exceed $3,000,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Company all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the issuance of said Bonds as proposed and it is hereby determined that any and all objections to the issuance of the said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. 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 and approved this 28th day of August, 1984. Ci (Seal) Attest: Mat,ian K. Karr, City Clerk of Iowa City, Iowa -5- gay CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said City at a meeting open to the public on August 28, 1984, holding a public hearing and approving proceeding with the issuance and sale of not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project), of the City of Iowa City, Iowa, and changing the name of the developer and owner of the Project to Southgate Development Company, Inc.; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 07,?I:A day of August, 1984. (Seal) State of Iowa County of Johnson Marl an K. Karr, City Clerk SS.. Subscribed and sworn to before me this day, the date last above written. nr, 4A,4 , �Yl (Seal) Nbtary Public.-/ -6- 87S (This Notice -to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. August 28, 1984 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 Relating to the Holding of a Public Hearing and Approving Proceedings With the Issuance and Sale of Not to Exceed $3,000,000 in Aggregate Principal Amount of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project), of the City of Iowa City, Iowa, and Changing the Name of the Developer and Owner of the Project to Southgate Development Company, Inc. 2. Such additional matters as are set forth on the additional 16 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Maf,ian K. Karr, wti� Clerk _ o t e City of Iowa City, Iowa -7- \4 RESOLUTION NO. 84-243 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SANITARY SEWER IMPROVEMENT PROJECT - SEWER SYSTF WHEREAS, J. C. Constructi has submitted the best bid of above-named project. Ltd. of Iowa City, Iowa ,670.30 for 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 J. C. Construction, Ltd. 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 Baker and seconded by Dickson the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco E Baker X Dickson R Erdahl R McDonald E Strait X Zuber Passed and approved this 28th day of August , 1984 ATTEST: Received & Approved By The Legal Departrnent 9/2 s 61- tha t 4i-7 ;ESOLUTION NO. 84-244 RESOLUTION APPROVING THE OFFICIAL MUNICIPALITY REPORT FOR MUNICIPAL STREETS AND PARKING AND THE OFFICIAL STREET CONSTRUCTION PROGRAM STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1984 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Official Munic- ipality Report for Municipal Streets and Parking and the Official Street Con- struction Program Project Status Report for the period beginning July 1, 1983, through June 30, 1984, be approved. 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 Dickson X Erdahl R Baker X McDonald R Strait X Zuber Passed and approved this 28th day of August 1984. ATTEST: 227_.x, CITY LERK R@6@ived A Approved ��► h® 1�4i�1 Deparimetll z. g� m RESOLUTION NO. 84-245 RESOLUTION ADOPTING POLICIES, NON-STRUCTURAL CHANGES AND GRIEVANCE PROCEDURE THAT WILL ASSURE ACCESSIBILITY OF CITY OF IOWA CITY PROGRAMS, ACTIVITIES, AND FACILITIES TO HANDICAPPED PERSONS. WHEREAS, the City of Iowa City wishes to comply with Federal Revenue Sharing rules of non-discrimination based on handicap as stated in Section 504 of the Rehabilitation Act of 1973; and WHEREAS, the City of Iowa City has conducted a self-evaluation to identify problems of accessibility and to research non-structural changes that will achieve accessibility by October 17, 1984; and WHEREAS, the City of Iowa City held two public hearings to get suggestions from citizens for improving the City's accessibility to handicapped persons; and WHEREAS, a transitional plan is being developed for structural changes that will be done by October 17, 1986. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: The attached list of policies, non-structural changes and the Grievance Procedure be adopted and effected by October 17, 1984. It was moved bypon and seconded by Ambrisco the Resolu- tion be adopted, an uro call there were: AYES: NAYS: ABSENT: t AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 28th day ATTEST: Aueust , 1984. RwAved & /approved By TM Legal Deparinxent LL EXHIBIT A CITY OF IOWA CITY'S POLICIES REGARDING SERVICE TO A HANDICAPPED CITIZEN GENERAL POLICIES 1. The City of Iowa city does not discriminate on the basis of handicapped status in admission or access to, or treatment or employment in, its programs and activities. The Director of Finance has been designated to coordinate compliance with regulations prohibiting handicapped -based discrimination as issued by the Office of Revenue Sharing. 2. All capital improvements newly constructed or remodeled, will be archi- tecturally barrier -free to handicapped persons. The transition plan outlines changes that will be made to current City -owned or leased structures. 3. All City employees will make reasonable accommodations to make inacces- sible facilities and programs available to and usable by handicapped persons. 4. The City shall continue to explore the expansion of or reorganization of its programs so that all citizens, including those with severe and profound handicaps, can participate in all programs. Definition: A handicapped person is anyone who has a physical or mental impairment that substantially limits one or more major life functions, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. EMPLOYEE GUIDELINES The following guidelines shall be followed by all City employees: A. General courtesies: 1. Ask how you may help the person - maybe he/she will ask for an arm to lean on, or for a chair, or for a form to be read aloud, or for help in interpreting the form. 2. If the person is sitting in a wheelchair, sit down and talk directly to him/her. 3. If the person cannot get to your office area, find a private place to converse, for example, the Council Chambers or a corner of the lobby. 4. Be sure all business in your division can be handled over the phone or through the mail; there may be an instance that a physically disabled person cannot find transportation to your office. 5. Know what special services or programs your division offers for handicapped persons. /.0 2 6. Reasonable accommodations will be made when requested. If there is a question of reasonableness, discuss it with your immediate supervi- sor. B. Where to get special accommodations: 1. Telephone number 356-5000, the information desk, will be listed as having handicapped information; the operator will transfer calls to the proper division. 2. If a person is asking about another City division's handicapped services and programs refer them to that division's supervisor. 3. Enlarged copies for the visually impaired may be made on the copiers located in the Davis Building (PPD), the Library and in the Transit Facility. 4. If you are having a meeting or an activity where a participant wants a sign language translator/interpreter, call Personnel for a list of people available to do this. 5. The Police Department will have a TDD (Telecommunications Device for the Deaf) for emergency calls to the Police and Fire Departments and to the ambulance. 6. The Library will have a TDD for deaf people to get information about City programs. 7. For any other questions call the Finance Director. C. Auxiliary aids - equipment for handicapped persons: 1. When purchasing new equipment that is used by the public, ask the vendor about equipment adapted for handicapped persons. Perhaps there is something that can be used by both ambulatory and disabled people at a reasonable cost. 2. If someone requests an auxiliary aid, for example a piece of equip- ment to help him/her reach books on the top shelf in the Library, first get all the details he/she knows about it, then send the request and all information to the Finance Director. This is how the City's bank of auxiliary aids will be built. 3. A bank of auxiliary aids will be available for use by all City departments. Contact the Finance Department for a listing of available aids. EXHIBIT B CITY OF IOWA CITY NON-STRUCTURAL CHANGES TO ASSURE ACCESSIBILITY OF CITY PROGRAMS Problem Solution Cost Non-structural Changes: 1. City employees don't know Hold training and sensitivity $500 City's policies on accommo- sessions for all public service dating the handicapped and employees to inform them about disabled. City policies regarding the handicapped. 2. Deaf people have no way of contacting the Police or Fire Departments in case of an emergency. Nor do they have a place to call for informa- tion. 3. Deaf people have difficulties at City meetings or programs or activities. Purchase 2 Telecommunications $974 Devices for the Deaf (TDD) for the Police Department and the Library. A portable TDD with display and print-out. (2 TDO's: $598, jacks and one year's phone rental: $376.) Compile a list of citizens who $390 are skilled in sign language and who are interested in being on-call for City meetings, Recreation activities, Library programs, etc. ($7-10 per hour depending on skill.) 4. Handicapped citizens do not List 356-5000 as "Handicapped $21 know where to get general accessibility information for accessibility information of City services and facilities." City facilities, programs and services. 5. Civic Center, at present, is inaccessible to the disabled. 6. Meetings held in rooms that are inaccessible: all in the Civic Center - City Manager's Conference Room, Law Library, Engineering Conference Room. Install an in-house phone in $446 the lobby so that a person may call directly to an employee who, in turn, can then bring the appropriate information to the lobby. (Installation, rental and service of phone: $381, chair with fold -down desk: $65.) Hold all Council, Board and $0 Commission meetings in accessible rooms: Recreation Center - Rooms A and B, Library - Room A, Civic Center - Council Chambers, Senior Center - Class Room, Assembly Room Conference Room, Exercise Room and Meeting Room. (The Library's current policies do not allow meetings to be regularly scheduled. The Senior Center would be available for evening meetings only.) Problem Combine Solution Cost 7. The entrance to the Police Remove the table. Put pamphlets $235 Department from the Civic in a rack on the wall. Put in 3 Center lobby is not conve- chairs that have fold down desks nient for a wheelchair to where the table was and leave open move in the hall and up to space inside the door and around the phone. the phone. (Wall rack for pamphlets: wheelchair: $36, side pouches for $40, 3 chairs with fold -down desks: the Library's wheelchair: $28, $195. "reacher" to reach books on high 8. Standing to wait for assis- Move chairs from Police Depart- $0 tance or information at ment entrance to be near the Housing Inspection Services drinking fountain at the bottom can be difficult for people of the central stairs in the Civic with disabilities. Center. 9. There is no handicapped Combine the two parking spaces $50 parking space in front of nearest the front door of the the Civic Center on Washington Civic Center to make one handi- Street. capped space near the curb cut. (Move a parking meter.) IO.There is a difficult curb cut Replace the curb cut. $500 at the Senior Center loading zone on Washington Street. 11.There's a poor curb cut and Designate a handicapped parking $500 no handicapped parking space space and put in a good curb cut at Mercer Park. near it. 12.Which auxiliary aids should Build a bank of auxiliary aids. $2;563 be purchased for use by the They should be purchased upon public? request to ensure there is demand for the specific item. All City divisions will be able to access them. The first auxil- iary aids are a Phonic Ear System as requested by the Senior Center: $2,475, lap tray for the Library's wheelchair: $36, side pouches for the Library's wheelchair: $28, "reacher" to reach books on high shelves from a wheelchair: $20, cushion grips to put on pencils and pens: 12 for $4. 13.The drinking fountain in the Put a paper cup dispenser near $23 lobby of the Civic Center is the drinking fountain. too high for someone in a (Dispenser: $19.30, cups $3.30) wheelchair. Problem 14.The announcements on Cable TV have no sound; someone who is blind cannot read the messages 15. Communicating the City's policy of the willingness to accommodate handicapped people. 16. Special events held on City property (parks, airport). Solution Purchase a micro -computer, a voice $4,050 synthesizer and the related soft -- ware for a city channel. A micro- computer generates the characters for the messages; the voice synthe- sizer adapts to the micro. (Micro- computer, hard disk drive and monitor: $3,100, Voice Synthesizer: $350, Software and programming: $600.) Post signs at accessible entrances $168 of the Civic Center, the Recrea- tion Center, the Library and the Senior Center that say, "If you have a disability, tell us how we can help you." (4 signs: $168) Require the party conducting the $270 event to designate at least two handicapped parking spaces near the location of the main event. Signs for this temporary reserved parking will be available from the Recreation Center. (10 alumi- num signs with frames: $270) 15. Total Cost of non-structural changes Funded by General Fund Balance $10,690 Employees' Accommodations for Handicapped: Situation 1. A handicapped or disabled person needs assistance. 2. A person who uses a wheel- chair comes in and wants to talk about a problem he/she is having with City services. 3. A person cannot find trans- portation to take care of immediate and necessary business with the City. 4. A person requests informa- tion about special services or activities of the City available to handicapped people. 05. Someone with impaired vision wants an enlarged copy of some document. 6. A deaf person calls to request a Sign Language signer for a meeting or activity that he/she wants to attend. 7. Someone requests a special piece of equipment to aid his/her participation in an activity, class or meeting. 8. A division of the City is purchasing new equipment that is used by the public, such as playground equipment. Accommodation Ask how to help. The person may ask for an arm to lean on, for a chair, for a form to be read to him/her, or for help in interpreting the form. Find a private place that is accessible to the person, then sit down and talk directly to him/her. Be sure all business in each division can be handled either over the phone or through the mail. An employee should know what special services or activities are offered by the division they work in. The copiers in the Davis Building, the Library and the Transit Facility have enlarging capabilities. Call Personnel for a list of signers available. The employee should get all details about the equipment, then send the request and all information to the Finance Director. All reasonable requests will be considered based upon funding avail- ability. Ask the seller if there is equip- ment adapted for handicapped persons. Perhaps there is some- thing that can be used by both ambulatory and disabled people at a reasonable cost. EXHIBIT C GRIEVANCE PROCEDURE The purpose of this Grievance Procedure is to set forth the requirements, standards and criteria to be used by the City of Iowa City to assure that handicapped individuals are afforded an opportunity for the submission and disposition of complaints alleging discrimination by the City of Iowa City in violation of Section 504 of the Rehabilitation Act, which is set out in pertinent part below: "Section 504. No otherwise qualified handicapped individual in the United States, as defined in Section 7(6), shall, solely by reason of his handicap, be excluded from participation in any activity receiving Federal financial assistance or under any program or activity conducted by an Executive agency...." The City of Iowa City grievance procedure shall not be applicable to disputes between citizens not involving the City or to class grievances. This grievance procedure is not intended to be used for initiating or negotiating policy changes between a group or groups of citizens and the City. I. Informal Hearing The grievance shall be personally presented within ten days of the occurrence either orally or in writing, to the City's Compliance Coordi- nator's office so that the grievance may be discussed informally and settled without a hearing. A summary of such discussion shall be prepared within 15 days and one copy shall be given to the complainant and one retained by the City. The summary shall specify the names of the participants, dates of meeting, the nature of the proposed disposition of the complaint and the specific reasons therefore, and shall specify the procedures by which a hearing may be obtained if the complainant is not satisfied. This is required as a prerequisite to a formal hearing unless the complainant can show good cause why he/she failed to proceed under this part to the hearing officer/panel and he/she has waived the informal hearing. Time limits described in #I may be extended by mutual consent. II. Procedure to Obtain Formal Hearing A. The complainant shall submit written request for a hearing to the City's Compliance Coordinator's office within 15 days after receipt of the summary of discussion, outlined in 9I above. The written request shall specify: 1, the reasons for the grievance, and 2, the action or relief sought. B. Grievances shall be presented before a hearing officer. The hearing officer shall be an impartial disinterested person selected jointly by the Compliance Coordinator and the complainant. If the City and the complainant cannot agree on a hearing officer, they shall each appoint a member of a hearing panel and the members so appointed shall select a third member. 1 C. If the complainant does not request a hearing in accordance with this procedure, the City disposition of the grievance under the informal procedure shall become final, provided that failure to request a hearing shall not constitute a waiver by the complainant of his/her right thereafter to contest the City's action in disposing of the complaint in the appropriate judicial proceeding. D. A hearing shall be scheduled by the hearing officer/hearing panel within 15 days for a time and place reasonably convenient to both the complainant and the City. A written notification specifying the time, place and set procedures governing the hearing shall be delivered to the complainant and the Compliance Coordinator. E. Time limits described in #II may be extended by mutual consent. III. Procedures Governing the Hearing A. The hearing shall be held before the hearing officer/hearing panel. B. The complainant shall be afforded: 1. The right to examine before the hearing and at the expense of the complainant, to copy all documents, records and regulations of the City that are relevant to the hearing. Any document not made available by the City to the complainant may not be relied on by the City. 2. The right to be represented by counsel or other person at his/her own expense. 3. The right to present evidence and arguments in support of his or her complaint, to controvert evidence relied on by the City, and to confront and cross-examine all witnesses on whose testimony or information the City relies. 4. A decision based solely and exclusively upon the facts presented at the hearing and all written records relevant thereto. C. The hearing officer/hearing panel may render a decision without proceeding with the hearing if the hearing officer/hearing panel determines that the issue has been previously decided in another proceeding. D. If the complainant or the City fails to appear at the scheduled hearing, the hearing officer/hearing panel may make a determination to postpone the hearing for not to exceed ten business days or may make a determination upon the record without the party present. E. At the hearing the complainant must first show he or she is entitled to the relief sought and thereafter the City must justify the City's action or failure to act against which the grievance is directed. F. The hearing shall be conducted informally by the hearing offi- cer/hearing panel and oral or documentary evidence pertinent to the facts and issues raised by the complainant may be received without 3 regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer/hearing panel shall require the City, the Complainant, counsel and other participants or spectators to conduct themselves in an orderly fashion. IV. Decision of the Hearing Officer/Hearing Panel A. The hearing officer/panel shall make a decision based on all relevant evidence presented either orally or in writing and such decision shall be made upon the record as a whole. The hearing officer/hearing panel shall prepare a written decision, together with the reasons therefore, within 20 days after the hearing. Such decision may reverse, affirm, or modify the City's decision and relief granted shall be explicitly set forth in writing. A copy of the decision shall be sent to the complainant and the City. The City shall retain a copy of the decision. A copy of this decision shall be maintained on file by the City and made available for inspection by the complainant, his/her representative or the hearing officer/hearing panel. B. Either the Complainant or the City may seek judicial review of the decision in any court of competent jurisdiction, as provided by the laws of this state. In the event that the City does not seek judicial review of an adverse decision, the decision shall be binding on the City which shall take all actions, or refrain from any actions, necessary to carry out the decision. RESOLUTION NO. 84-246 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE FINANCE DEPARTMENT - PARKING 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 hours at the parking ramps requires additional staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Parking Division be amended by 1. The removal of seven half-time cashiers. a. The addition of six three-quarter time cashiers. b. The addition of one full-time cashier. 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 28th day of August 1984. YOR ATTEST: Reeelved & Approved By The Legal Deparhmni a 2:0 4— . •i RESOLUTION NO.84-247 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT' WITH von BRIESEN AND REDMOND, S.C., BY STEVEN B.- RYNECKI, FOR LABOR NEGOTIATION SERVICES. I WHEREAS, the City of Iowa City and von Briesen and Redmond S.C., by Steven B. Rynecki', have negotiated an agreement providing for labor relations services, and WHEREAS, the City Council deems it in the public interest to enter into this agreement. NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is hereby authorized to enter into an agreement, attached hereto, with von Briesen and Redmond, S.C., by Steven B. Rynecki, for labor negotiation and related services for a two year period beginning August 15, 1984. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, an upon ro call'there were: ABSTAINING: AYES: NAYS: ABSENT: _— AMBRISCO x_ BAKER X DICKSON x ERDAHL x MCDONALD X STRAIT ZUBER Passed and approved this 2gth day of , 1984. OF YOR AT -TEST: CITY -CLERK Received $ Approved By,Th�LeCai Ueparhntr1t = X96 C -!"q cj CC .4< LABOR RELATIONS SERVICES AGREEMENT WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as the "City" is desirous of retaining labor negotiations and other labor consulting services, and WHEREAS, von Briesen & Redmond, S.C., by Steven B. Rynecki, 757 North Broadway, Milwaukee, Wisconsin 53202, provides and offers such services, NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, IT IS AGREED that: 1. City retain von Briesen & Redmond, S.C., by Steven B. Rynecki, to represent City in labor negotiations and certain other labor. relations and personnel matters as requested by the City. 2. von Briesen & Redmond, S.C. perform such services which may include, among others: (a) Negotiation and drafting of labor agreements; (b) Analysis and recommendations on salaries, benefits and personnel policies for unorganized employees; (c) Representation in arbitration proceedings and court appearances; (d) Representation before the U.S. Department of Labor, Equal Employment Opportunity Commission and other federal and state administrative agencies regarding employment related matters; (e) Contract administration, grievance and arbitration proceedings, personnel administration, employee communications assistance, supervisory training, safety consultation and employee benefit insurance review; (f) Consultation and advice in the handling of strikes, slowdowns and other work stoppages. 3. (a) Such services will be performed and billed for by von Briesen & Redmond, S.C., by Steven B. Rynecki, and paid for by City at such hourly rates as are agreed upon between the parties under separate document. Overhead expenses such as clerical services and use of equipment and library (except computerized research facilities) are included in such hourly rates and are not separate charges. (b) von Briesen & Redmond, S.C., by Steven B. Rynecki will bill City for its services and expenses on a monthly basis, such invoice to contain a listing of the activities and services performed and the expenses incurred. 4. This agreement shall be in effect for a two year period beginning August 15, 1984, and continue in effect and be binding on the parties, their successors and assigns. Any amendments to or modifications of this agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have signed this agreement this 28th day of August , 1984. von BRIESEN do REDMOND, S.C. CITY OF IOWA CITY, IOWA By: Steven B. Rynecki fiecel,.ed �' A, prt:vud g�• �. L Gc�arf*nerA I - gg�2 ADDENDUM --FEE SCHEDULE Pursuant to paragraph 3(a) of the attached Labor Relations Services Agreement between the City of Iowa City, Iowa and von Briesen & Redmond, S.C., by Steven B. Rynecki, the rate for labor relations consulting services is established at $90.00 per hour up to a maximum of $13,500.00 per year. This fee arrangement shall only apply to services related •to negotiating, through mediation of up to three (3) labor agreements per year (one (1) for the police department bargaining unit, one (1) for the AFSCME bargaining unit and one (1) for the fire department bargaining unit). If less than three contracts are to be negotiated in any year, then the fee for one contract shall be no more than $5,500.00 and the fee for two contracts shall be no more than $10,500.00. Fees for other services shall be charged at $95.00 per hour. Time spent in travel outside the hours of 8:00 a.m. and 6:00 p.m. shall not be charged. Accepted: City of Iowa City, Iowa Aueust 28 , 1984 von BRIESEN & REDMOND, S.C. By: Steven B. Rynecki 993 XN RESOLUTION NO. 84-248 RESOLUTION APPROVING TRANSFER OF THE BROADBAND TELECOMMUNICATIONS FRANCHISE FROM HAWKEYE CABLEVISION CORPORATION TO HERITAGE CABLEVISION, INC./OR A SUBSIDIARY OR LIMITED PARTNERSHIP, THE GENERAL PARTNER OF WHICH IS CONTROLLED BY HERITAGE CABLEVISION, INC. AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND HERITAGE CABLEVISION, INC. ESTABLISHING THE CONDITIONS OF SAID TRANSFER. WHEREAS, Heritage Cablevision, Inc. and Hawkeye CableVision Corporation have requested approval from the City of Iowa City, Iowa, for the transfer of the broadband telecommunications franchise, set forth in Chapter 14, Article IV of the Code of Ordinances of the City of Iowa City, Iowa, to Heritage Cablevision, Inc. from Hawkeye CableVision Corporation; and WHEREAS, Section 14-90(a) of the Code of Ordinances of the City of Iowa City, Iowa, provides that such transfer of said franchise requires prior approval of the City of Iowa City, Iowa, expressed by a Council resolution and then only under such conditions as the Council may establish; and WHEREAS, the City of Iowa City, Iowa and Heritage Cablevision, Inc. have negotiated an agreement setting forth the conditions of approval of said transfer of franchise, a copy of said agreement attached to this resolution and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the transfer of said broadband telecommunications franchise from Hawkeye CableVision Corporation to Heritage Cablevision, Inc./or a subsidiary or limited partnership, the general partner of which is controlled by Heritage Cablevision, Inc. is hereby approved under the conditions set forth in said agreement between the City of Iowa City, Iowa, and Heritage Cablevision, Inc., said approval to be effective upon execution of said agreement. That the Mayor is authorized to execute and the City Clerk to attest said agreement between the City of Iowa City, Iowa, and Heritage Cablevision, Inc. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, and upon roll ca'Il.there were: AYES: NAYS: ABSENT: X X X X X X Passed and approved this 28th day of ATTEST: CLERK Ambrisco Baker Dickson Erdahl McDonald Strait X Zuber August 1984. Crsasidlod a Approved By ?he Lo<j:l DDopartmerd Q AGREEMENT THIS AGREEMENT, made and entered into this 22BBtthh day of , 1984, by and between the City of Iowa City, Iowa (hereafter re erre o as "City") and Heritage Cablevision, Inc. (hereinafter referred to as "Grantee"); WHEREAS, Heritage Cablevision, Inc. and Hawkeye CableVision Corporation have requested approval from the City of Iowa City, Iowa, for the transfer of the broadband telecommunications franchise set forth in Chapter 14, Article IV of the Code of Ordinances of the City of Iowa City, Iowa, to Heritage Cable- vision, Inc, from Hawkeye CableVision Corporation; and WHEREAS, Section 14-90(a) of the Code of Ordinances of the City of Iowa City, Iowa, provides that such transfer of said franchise requires prior approval of the City of Iowa City, Iowa, under such conditions as the City may establish; NOW, THEREFORE, IT IS HEREBY AGREED: I. In consideration of the City's approval of the transfer of said broadband telecommunications franchise from Hawkeye CableVision Corporation to Heritage Cablevision, Inc./or a subsidiary or limited partnership, the general partner of which is controlled by Heritage Cablevision, Inc., with said approval of transfer to be effective upon the execution of this agreement, Heritage Cablevision, Inc. ("Grantee") agrees to the following terms and conditions: 1. ACCESS A. All access (i.e. non-commercial community programming) support resources shall continue to be funded by the grantee at or above the highest level provided prior to the time of the initial request for approval of transfer of the franchise, as defined by the ATC/Hawkeye CableVision (HCC) Franchise Proposal and all City, Broadband Telecom- munications Commission (BTC) and Iowa City Public Library documents which contain record of policy interpretations, agreements, or stated commitments and practices pertaining to access, including, but not limited to, the memorandum by K. Kalergis dated April 17, 1984, and the memorandum by Drew Shaffer to Dale Helling dated July 12, 1984. See Exhibit A (attached and incorporated herein) which contains the above referenced memoranda as well as a non-exclusive list of other key documents. B. Capital equipment to be provided and maintained by the grantee for access purposes shall include all existing and replacement items listed in Exhibit B (attached and incorporated herein). All replace- ment equipment items listed in Exhibit B shall be ordered by the grantee within 30 days of the effective date of transfer of owner- ship. C. The grantee agrees that within 90 days of receipt of written notifi- cation by the city it shall turn over the management and operation of all local access channel functions and equipment referenced in Section B above to a City approved non-profit organization (NPO). Funding for all access related equipment, facilities and services shall be provided annually to the City by the grantee. This amount shall be $125,000 for the first year of the NPO operation. For ?9.5 Page 2 subsequent years this amount shall be subject to an annual percentage increase equal to the average annual percentage increase in the Consumer Price Index (CPI) for the year ending on the first day of the tenth month of the prior funding year. Said payments shall be made quarterly, in advance, to the City to be placed in an account to be overseen and administered by the City for the purpose of funding the operation of the NPO. The City shall take into account any increased costs to the grantee incurred under this escalator provi- sion when considering a request by the grantee for an increase in the basic services rate. Section 14-83 of the Code of Ordinances of the City of Iowa City, Iowa, shall be amended accordingly to implement said changes in management and operation of access functions. 2. FRANCHISE FEE Upon transfer of the franchise, the grantee shall support the City in filing a petition for specialrelief with the Federal Communications Commission (FCC) requesting a franchise fee waiver to authorize an annual franchise fee of five percent (5%) of Annual Gross Revenues derived from the operation of the system, and an extra services package for the City administered funding of local access channel operations. The five percent (5%) franchise fee shall become effective upon the date of approval by the FCC. Said support shall include, but not be limited to, the submission to the City by grantee of a letter to the FCC in support of the requested franchise fee increase, the text of which has been agreed upon by the parties and is attached to this agreement. The City agrees that, upon application from the grantee, it will consider approval of an increase in the basic services rate of an amount not less than thirty-two cents ($.32) nor greater than forty cents ($.40) per month, to become effective, if approved, on the date upon which the five percent (5%) franchise fee becomes effective as approved by the FCC. The grantee shall make said application for said basic rate increase consistent with all applicable provisions of the franchise and shall file said application within the time frame specified in paragraph C, with the understanding that said rate increase, if approved, shall be contingent upon FCC approval of a 5% franchise fee. Further, any subsequent applications for basic services rate increases shall be made pursuant to the provisions of the franchise. C. Within 15 days of the execution of this agreement, grantee shall file with the City an application for an increase in the basic services rate consistent with the provisions of paragraph B above. In the event the City fails to approve said basic services rate increase, the grantee shall be released from any obligation to support City's petition for special relief to the FCC as provided in paragraph A above; further, if said petition and documentation of grantee support have already been filed by the City with the FCC at the time of said rate increase disapproval, grantee shall be permitted to withdraw its letter of support and the City shall amend said petition to exclude any reference to grantee support. Page 3 3. PAYMENT OF FRANCHISE FEE Effective upon approval of transfer of the franchise, franchise fee payments shall be computed and paid to the City quarterly (every three months) rather than annually. Each quarterly payment shall be made to the City not later than 90 days after the end of each quarter. Section 14-73 of the Code of Ordinances of the City of Iowa City, Iowa, shall be amended accordingly to implement this revised payment schedule. 4. TIERING Grantee agrees that during the remainder of this franchise all access channels shall remain as part of the basic services tier. 5. PERSONNEL The city recommends that the grantee retain, to the greatest extent possible, the key personnel currently employed by Hawkeye CableVision, Inc. 6. LOCAL ORIGINATION A. For the purposes of accounting and documentation, local origination (commercial production by the grantee) shall be separated from access production and programming, by separating operations, facili- ties, equipment, budgets, personnel and all other related resources. This provision is not intended to preclude mutually agreed upon joint projects; further, the access facilities are and will be available to all users, including the cable company. B. If the City determines that grantee's use of the access studio in the Iowa City Public Library causes the space and facilities to be insufficient for community users' purposes, then the grantee will provide a back-up studio. This studio may also be used by both community users and the cable company. 7. MECHANISM FOR PUBLIC INPUT INTO PROGRAM CHOICES In order to maximize public input into any program service changes, deletions or additions, the grantee agrees to notify the Broadband Telecommunications Commission, in writing, no less than sixty (60) days prior to the date any programming change is to occur, of said proposed change to include the specific proposed program changes and the equiva- lent program options available, as well as the date upon which such change is to be effective. This provision shall not apply to those changes which are beyond the control of the grantee. 8. INFORMATION REQUIRED Grantee shall provide to the City of Iowa City, within sixty (60) days after transfer of the franchise, the following information: Ownership and control information, including all owners of three percent or more of the grantee's stock. Page 4 B. Financial pro forma information for the life of the franchise including projections of system growth, revenue, expenses, assets, liabilities, expected return on investment, interest rates on loans to be paid back to the parent company, any management fees to be paid to the parent company. C. Projected cost to users of the leased access channels. D. Proposed rate information including projections of rates for basic service for the life of the franchise. II. The grantee agrees to be bound by and comply with all terms, conditions, and provisions set forth in Chapter 14, Article IV, of the Code of Ordinances of the City of Iowa City, Iowa, not modified by this agree- ment. III.This agreement shall be binding upon the successors and assigns of the parties hereto. IV. SEVERABILITY In the event any condition or provision herein contained is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of any such condition or provision shall in no way affect any other condition or provision herein contained. C CITY OF IOWA CITY, IOWA B?EST: &� By: onald, Mayor // A u�r�xi fC . yC,r u� By: Marian Karr, City Cler Received & Approved By The Legal Depeftierd 9 �8 HERITAGE CABLEVISION, INC. TEXT OF LETTER TO BE SUBMITTED TO THE CITY BY GRANTEE TO THE FCC AS REFER- ENCED IN SECTION 2, FIRST PARAGRAPH OF THE AGREEMENT. Heritage Communications, Inc. (°the Company") is writing this letter in support of the request by the City of Iowa City ("City") for waiver of the franchise fee limitation. The Company asserts that the 5% franchise fee will neither interfere with the effectuation of federal regulatory goals in the field of cable television nor impair the financial viability of Heritage Communication's cable system. Moreover, the access program to be funded in part by the Company will be beneficial to both the Company and City in terms of higher subscriber penetration, subscriber satisfaction, and good public relations. The Company has reviewed and supports the petition by the City to the Federal Communications Commission for special relief requesting approval of the 5% franchise fee, pursuant to 47 C.F.R. 576.31. Heritage Communications, Inc. affirms that the payment of a 5% franchise fee will not impair federal regulatory goals or the financial viability of our operation. Exhibit A, pg. I of 9 HAWKEYE CABLEVISION/ATC FRANCHISE PROPOSALS/OPERATIONAL PRACTICES SUBMITTED BY K. KALERGIS April 17, 1984 PAGE ONE SOURCE PROPOSED ORDINANCE/CIC Grantee shall provide at least one (1) additional channel for educational i for government use PROPOSAL/HCC One modulator to originate programming for local channels PROPOSAL/HCC Character Generators to provide alphanumeric programming during nonvideo hours on all locally originated.channels Page Capacity not specified PROPOSAL/HCC Will provide production assistance during 40 hour weekly schedule studio is open to the public NOT MENTIONED HCC PROPOSAL Fulltime coordinator to:work with groups, procure tapes b .'other programming, and supervise production HCC"PROPOSbE;_ ;Studio Operator to Supervise studio operations; operate playback equipment E switch from remote sites PRACTICE Two channels provided one each for educ G govt Two provided for govt. channel to allow for quick switching between tape source at ICPL a live programming (COUNCIL MTGS) from Civic Ctr Results In no break in program 16 Page Character Generators provided to Educ Channel G University Channel City's C.G. upgraded to 10 pages in 1981 Maintain 40+ hour schedule - PVOM use is outside of this. Portapaks may be checked in/out outside of these hours. ICPL use may be outside these.hours. Some workshop scheduling is outside these hours VAN available for PVOM use -- allowing more extensive remote capabilities Hired Karen Kalergis - (see attached resume) Founder of ATL/LPN - tape distribution system for local programming now reaching nearil i million subscribers nationwic Hired Edye Calderon as Programming Coordinator - job description expands role to meet outreach/training/prom needs WA Exhibit A, pg. 2 of 9 HAWKEYE CABLEVISION/ATC FRANCHISE PROPOSALS/OPERATIONAL PRACTICES KALERGIS REPORT PAGE TWO - SOURCE HCC PROPOSAL PROPOSED HCC will maintain equipment for origination HCC PROPOSAL- ' Paid part-time personnel up ' to 40 hours per week to assist lb—community programming, training educational and government access and Hawkeye productions HCC PROPOSAL HCC will provide necessary tapes and supplies for daily operaflon of'studio facility PRACTICE Technical assistance for remote switching on Inet provided by System Manager, Chief Engineer 6 Technical Staff IN ADDITION TO THESE 2 FULLTIME POSITIONS PROPOSED - HAWKEYE HAS ADDED 1) FULLTIME PRODUCTION COORDINATOR TIM CkOSKEY to maintain equipment,' teach workshops G help community producers 2) ASSISTANT PRODUCTION COORDINATOR - until recently Edye Calderon - 20 hours per week, full- time ATL benefits As sale is being negotiate this position is now a Production Assistant GARRY COSNETT - 20 hrs/wk ON STAFF - PRODUCTION ASSISTANT KENT HOFMEISTER' 20 hrs per week - teaches workshops, assists community producers. NOW HIRING PROGRAMMING CLERK 15 hours per week - maintains alphanumerics/community bulletin board, light clerica studio work Provides 60 minutes tape per user on three month loan; graphics stand; basic sets(21 platforms; graphics stand; tables, chairs, plant for set Recently installed 'flat storage area to enable add'1 sets to be stored at CPL 961 Exhibit A, pg. 3 of 9 HAWKEYE CABLEVISION/ATC FRANCHISE PROPOSALS/OPERATIONAL PRACTICES KALERGIS •REPORT PAGE THREE SOURCE PROPOSED HCC PROPOSAL'-'., '!Cost of library tapes 6 Items such'as special sets responsibility of'user groups ..." HCC PROPOSAL "NLG•. will commit to no less than afour hour training session every month on basics of studio operation ... additional training as necessary ..." HCC PROPOSAL• Subscribers notified of community programming opportunities in subscriber handbook and regular notices in subscriber newsletter HCC PROPOSAL "Five minutes of: live cablecast time for short messages by producers not interested in workshops ..." HCC PROPOSAL'"' _During each of the first two years of operation, we'll match funds '- 'bn'a"$ per $ basis to $5,000 per year PRACTICE Developed agreement with ICPL for shared Community Programming Archive - see attached material on ICPL/HCC agreements $10,000 in matching E mini grants provided by HCC may be used to meet costs for users' special sets HCL Workshops in studio, editing, portapak s PVOM are held no less than 25 hours per month IN ADDITION to these first- come, first -serve sessions, we also have special interest workshops by request - for groups (such as the County Elections office, Red Cross, etc) AND sessions on how to promote your show, advanced lighting, shooting techniques, etc IN ADDITION to initial booklet and bimonthly subscriber -- newsletter with a Community Programming feature, we've developed CABLE TRACKS, a bimonthly video newsletter HCC also compiles listings frc all six local channels for publication in the Press Citiz and is working with AIC on an advertiser supported local program guide Include this in FREE FORM a monthly community affairs program produced by HCC b UI interns Expanded program to minigrants 6 extended expiation date of grants til Nov 184 or $ spent 96,2- Exhibit A, pg. 4 of ! HAWKEYE CABLEVISION/ATC FRANCHISE PROPOSALS/OPERATIONAL PRACTICES KALERGIS REPORT PAGE FOUR SOURCE PROPOSED PRACTICE ORDINANCE/CIC Grantee shall provide basic Service provided to service to city buildings Iowa City Airport free of free of. charge , provided charge though well beyond such designated buildings within 300 foot prerequisite 300 feet of any network cable route IN ADDITION TO THE ABOVE - the following provisions'have community programmirig.by the franchisee: I. ORIGINATION/INSTITUTIONAL NETWORK THE"GgDfNANCE ASKS .THAT -PROPOSALS HAWKEYE'S PROPOSAL BE SUBMITTED FOR ORIGINATION b LISTS THE FOLLOWING EXPERIMENTAL NEEDS FROM THE ORIGINATION SITES FOLLOWING LOCATIONS: IN RESPONSE: a) University of Iowa b) City &•County Buildings 0 spots including Council) c) Specified public, parochial, and nonprofit private schools d) the public library e) main'office of Board`of Educ f) public•.access center been made in support of a) UI - UI network b) Civic Center, Courthouse and City Rec Center c) Reverse activated from West & City High when needed d) the public library (OLD & NEW) e) Central Junior High f) same as d - 4 sites in ICPL g) Mercy Hospital IN -PRACTICE - THE FOLLOWING SITES HAVE LIVE ORIGINATION CAPABILITY a) Main feed from UI originates from Engineering Building - Ul built cable to hub; Hawkeye provided modulator and c.g. for initial use Also - since UI 'did not begin programming channel until 1982, Hawkeye activated reverse capability from UI Hospitals, allowing channel 28 to be p.rogrammed from that location 'AND HAWKEYE PROVIDED LIVE FEED FROH CORROBOREE - GALLERY OF NEW CONCEPTS b Civic Center_ with 2nd modulator as noted ; Courthouse; Rec Center - feeds on both 0.des of Gi lberf Sheet' . Dols not active In pro rammin C t HI h has subscriber feed West does not c Sc d .gCFPJtnas four origination sites within buildingincluding studio e Haw eye provided feed rom CJH and Then when school was closed, moved feed to Sabin, i -net at our cost to provide origination capability to ICCSD & Channel 27 t) bAMt Ha u g)Continuing discussions with Mercy to install origination capability JN. ADDITION - Hawkeye has live origination capability from OLD BRICK, our hubsite. OurcoirinWrierit=sto'explore capabilities of the i -net is best demonstrated by our ATL PIL011'PROJECT to connect two locations on the i -net with the ICPL's computer catalogue. This $10,000 project, funded entirely by ATC, is now set to come on line in April -May of this year. For the project, Hawkeye will add the Senior Center to the i -net bringing our costs substantially above the $10,000 figure. 403 Exhibit A, pg. 5 of 9 HAWKEYE;CABLEVISION/ATC FRANCHISE PROPOSALS/OPERATIONAL PRACTICES KALERG,IS REPORT PAGE FIVE That figure is the hardware costs; administrative, technical support and promotional activities for the project are all in excess of that. Hardware includes an Apple II E CompuEee,31ty sets for the user sites, .and modems for sending and translating signal. Two FM channels and one downstream return 6 mhz channel on the Inet are dedicated to thls'rpro'ject. II. While "support for community programming" can be measured In the excesses described above,'Hewkeye's commitment extends beyond this community to that of the access community nationwide. We willingly respond to requests for information about community programming In Iowa City.and send out documents which will help other systems develop their own access operations. We have been active members of the National Federation of Local Cable Programmers (NFLCP) and cosponsored a Regional Conference here in April of 1982 which enlisted the aid of 16 ATL field personnel from around the Midwest, a mobile van from Kansas City and numerous portapaks and cameras from those systems. A highlight of this conference was an interactive demonstration of the i -net, coordinated by Hawkeye, the City df Iowa City's Drew Shaffer and Interactive Research Associates. The innovativeness of this event was cited in the December 1983 issue of Video Systems as an example of interactive programming. Also in 1982, Hawkeye and ATC collaborated with the University of Iowa School of Art and Art History to produce "THE ARTIST AND TELEVISION" - a nationwide interactive teleconference which united Iowa City with Los Angeles and New York City for a three hour discussion of the emergence of the fine arts into the mass media. This telecommunicatii event, coordinated for Hawkeye by Rick Hindman, was noted in the January 1983 issue of CHANNELS, as the best example yet of educational teleconferencing, and in ART COM, as the most collaborative media event by artists to date. I These events.. have added to Hawkeye's experience in the use of cable technology to meet•the needs of thee-conmunity -it- serves; they have also boosted Iowa City's reputation both in the industry and in the access community as an innovator. Local support for community programming is also reflected in Hawkeye's sponsorship of the First Annual Local Programming Awards Festival to recognize excellence in community programming and in our securing corporate grants to help local projects the $10,000 for the Pitot Project; $1500 for Synthesis: Young Arts Workshop; $350 for a program dealing with the Adult Day Care program at Oakdale. Ill. OUR BUDGET FOR LOCAL ORIGINATION AND COMMUNITY PROGRAMMING HAS EXCEEDED THAT PROPOSED IN OUR 1979 Response to the City's RFP. While our accounting procedures combine l.o and c.p. - the proposal budgets were also combined so an across the board comparison may be made. 96q Exhibit A, pg. 6 of 9 HAWKEYE CABLEYISION/ATC FRANCHISE PROPOSALS/OPERATIONAL PRACTICES KALERGIS REPORT PAGE SIX BUDGET•.YEAR First year - 1980 Second Year - 1981 Third Year - 1982 Fourth Year -'1983 Fifth Year - 1984 AMOUNT FROM PROPOSAL* $59,000 NOT GIVEN 65,000 NOT GIVEN 73,000 AMOUNT FROM OPERATING BUDGE70 $38,670 72,000 90,000 96,000 100,000 ESTIMATED TEN YEAR TOTAL - $761,000 Actual 4 year total plus estimated fifth year - $396,670 (Already over half of estimated ten year total) All figures combined community access and local origination nQ S Exhibit A, pg. 7 of 9 IOWA CITY PUBLIC LIBRARY/HAWKEYE CABLEVISION AGREEMENTS SERVICE/PRODUCT/PROJECT ICPL PROVIDES HAWKEYE PROVIDES STUDIO SPACE IN ICPL AIRCONDITIONING TAPE ARCHIVE ATL PUBLIC AFFAIRS PILOT PROJECT ORIGINATION CAPABILITY WITHIN LIBRARY SPACE ITSELF 1) 2) 2) 3) 4) Security Deposit ($4000)+ Production Assistance In lieu of rent - approximately 20 staff hours per month Use of studio during nonpublic hours for staff shoots, workshops, film transfers Scheduling access to film chain for live cablecasting on Ch 20 payment of heat, electric, and maintenance (janitor) bills for space Maintenance G upkeep Staff needed to RAW }-inch tape - assistance catalogue and circulate in promotion - actual dubbing Computer records etc of shows less than 1 hour Clean dubs for 2 hr shows Administrative assistance through setup/development; First check on technical difficulties Normal maintenance ALL HARDWARE NEEDED INCLUDING APPLE II E COMPUTER, 3 TV's, 2 FM UPSTREAM CHANNELS ON INET I VIDEO DOWNSTREAM CHANNEL on INET; ADMIIS. G E14GNRG SUPPORT DURING DEVELOPMENT, IMPLEMENTATION E OPERATION OF PROJECT; PROMOTION E MARKETING SUPPORT FOR LIFE OF PROJECT NEW RCA SWITCHER (8 BUS) TECHNICAL UPKEEP ON INTERNAL WIRING Interest accrues to Library 91)0 City of Iowa City MEMORANDUM Exhibit A, pg. 8 of 9 Date: July 12, 1984 To: Dale Helling From: Drew Shaffer,,.: Re: City's Supplement to Kalergis Memo to Hawkeye CableVision and ATC dated 4/17/84 I have cited below only the inaccuracies I have found in the Kalergis memo dated 4/17/84. 1. Hawkeye provides four access channels including one for government, library, educational and University of Iowa use. 2. Hawkeye provides one modulator for program origination and playback for each of the local access channels, with the exception of the government channel for which there are two modulators. 3. Hawkeye provides character generators for all the local access channels except the library access channel. 4. Hawkeye provides a van for use of all access -related productions as necessary to transport the PVOM and necessary related equipment and community producers. 5. Hawkeye provides production personnel up to 40 hours per week to assist in the production of community programs and in training of all access channel users. 6. Pertaining to the INET and origination capabilities, Hawkeye proposed origination capability from hest and City High, and Mercy Hospital which has not been completed. The Board of Education originates programming from what was Sabin School, instead of Central Junior High. The ICPL has five in-house origination sites, not four. BTC's INET project involving the ICPL's catalog was not entirely funded by ATC. The largest cost in this project involved the creation of a database from which users could access material on the INET, the training sessions to get persons acclimated to the system, and the administrative support, all of which was provided by the ICPL. bdw4/4 9h% CITY OF IOWA CITY CMC CENTER 410 E. WASHNGTON ST. IOWA Cny, IOWA 52240 (319)356-500D Exhibit A, pg. 9 of 9 EXHIBIT A: LIST OF DOCUMENTS AND DATES DEFINING CURRENT LEVEL OF CABLE SERVICE IN IOWA CITY (non—exclusive list) Prepared by Drew Shaffer, BTS 7/11/84 1. "Broadband Telecommunications Franchise Enabling Ordinance 78-2917," adopted City of Iowa City City Council - 8/22/78 and as thereafter amended. 2. "Cable Television Proposal to the City of Iowa City" by Hawkeye CableVision Corporation - 9/29/78 (available at the City Clerk's Office or the Iowa City Public Library) 3. "Community Programming Guidelines," by Karen Kalergis of Hawkeye CableVision in cooperation with BTC and BTS, endorsed by BTC 3/18/80; reviwed 1/83; political cablecasting guidelines revised 4/13/84. 4. "Lease agreement" between Board of Trustees of the Iowa City Public Library and Hawkeye CableVision 4/24/80; Hawkeye CableVision/ICPL Cooperative arrange- ment" 7/82. 5. "Iowa City Tri -annual review report on the Cable TV franchise,' prepared by the BTS 8/82. 6. Memo from Kalergis to Hawkeye CableVision/ATC dated 4/17/84. 7. Memo from Shaffer to Helling dated 7/12/84 referring to Kalergis memo of 4/17/84. 8. BTC minutes of 3/10/83 wherein the access equipment maintenance resolution was passed. 9. BTC memo to Council dated 6/14/82 concerning required extension of cable service to new housing areas and newly annexed areas. 10. BTC memo to Council dated 6/14/82 concerning provision of cable service to hones built prior to April 19, 1979. Exhibit B - (page 1 oz s) Hawkeye's Existing Access Equipment '(pp.1-4) and Replacement and Additional Access Equipment (pg -5 of 5) (This list of equipment is taken from the BTS Report to the BTC, 5/17/83.) Proposed by Hawkeye 1979 Hawkeye Inventory 5/1/83 Changes and Status Studio Equipment 2 Sony DXC 1210 Color Studio Cameras 3 Sony Junction Boxes JB -6 2 Sony Camera cables 82 CCY 25 1 Sony film camera DXC 1000 1 Laird Multiplexer 5300 4 Laird camera projections stands 5104 1 Laird Slide Projector Dual Drum 4220 1 Kodak 16mm Projectors 12M6 2 Control Modules 1506 1 Dual Remote Control 2509 1 Remote 2525 1 Multiplexer Control 2517 2 Sony VTR Play/Record/Edit Decks VO 2860 for editing system Same Same as propsed; real problem area - cameras have had consis- tent 3 numerous problems as can be noted ir. Hawkeye's equipment reports. Same Same as proposed; working. Same " " 11 if 1 DXC 1640 Same 1 stand 5104 2 stands 5107 1 Laird 4210 Same with Buhl 60mm lens 2 Modules 2515 1 Control 3509 1 2510 Same 1 Deck 2860 and 1 Deck 2260 3 Sony VTR Play/Record Decks VO 2600; for channel program playback 1 Sony Auto Edit Control RM430 2 Tripod Heads ITE TH2 2 Tripod Dollies D8 10 Video Dynair DA230 3 2610 Decks Same 2 ITE TH4 Tripods 2 ITE T5 Equivalent Upgrade; working. Same as proposed; working. 1 less than proposed while 2 are upgrades; working as is Downgrade - no dissolve unit included with projectors; current system working. Same as proposed with up- graded lens; working. Equivalent; working. Upgrade; working. Equivalent; working. Same as proposed; working. Downgrade; working. Upgrade; working. Same as proposed; working. Upgrade; working. Equivalent; working. Equivalent; working. is (con't.)'BTS Report 5/17/83 xhibie B, pg. 2 of 5) Proposed by Hawkeye 1979 Hawkeye Inventory 5/1/83 3 Pulse DA PD 241A Equivalent 3 6X1 AN Dynair-Vertical Switcher, VS 6A Passive Video Switches 1 Tektronix 528 Waveform Monitor and Track 528 4 Stechell Carlson 2 Monitors and Rack IOM915 1 Sony Trinitron 12 inch color monitor 1 CVS510 Time Base Corrector 1 Sync Generator 1 Audio Console 5 channel mixer 1 Audio Cart Machine 500 C 4 Sony microphones ECM 270 1 8 -page character generator 1 Echo Switcher 1 Bud Equipment Console 1 Rack Panel for Studio Lights 6 Kleigl Key Lights 6 is Base Lights 6 If Fill Lights 8 Key'Lamps (bulbs) 8 Base Lamps " 8 Fill Lamps " Portable Equipment 11 Same Same 13 inch monitor Page 2 Changes and Status Equivalent; working. Same as proposed; working. Same as proposed; working. Upgrade; working. 1 CVS516 Corrector Upgrade; working. 1 Multisignal Distributor Equivalent; working. 1 Sony 8 channel mixer Upgrade; working. 1 cart machine 500 D Itif 4 ECM Lavaliers Equivalent; working. 1 4 -page character generator Downgrade; working. 1 Sony SEG 1210 Equivalent; working. Home Rack Package 11 Connecting strips for lights If 6 Strand Key Lights 6 IfBase 6 IfFill if 8 EGKs Equivalent; working. Same Same as proposed; working. 8 BTP Equivalent; working. 2 Sony DXC 1610 Color Cameras 5 Sony DXC 1640 cameras 2 Sony External Sync Adaptors Same CMA -6 I Upgrade; working. Same as proposed; working. 9/0 (con't.)'BTS Report 5/17/63 Proposed by Hawkeye 1979 2 Sony Junction Boxes JB2 1 Telemation Sync Generator 2 Sony camera cables of 32 ft. length 1 Sony 3/4" Deck VO 2600 2 Sony 3/4" Portable Decks VO 3800 1 Sony Trinitron 12" color monitor CVM 1250 1 Shure Mic Mixer M67 1 Telemation Switcher, TUS525, 5X1 Vertical Internal chibit B, pg. 3 of 5) 2 Sony B&White Monitors/Receivers CVM 960 4 Sony Microphones ECM 270 1 Kliegl Lighting Kit 3QTV11 Library Scanning Dcoument Equipment 1 AVC 1400 B&W Camera 1 CVM 960 Monitor 1 Copy Stand with Lights Hawkeye Inventory 5/1/83 Same Built into cameras 2 75 -ft. cables 1 Sony 3/4" Deck VO 2610 1 Portable decks VO 4800 1 Portable color monitor, PVA 8000 Same 1 Shintron Switcher 373 DX 1 Triple monitor B&W 6M917T 3 ECM 30 Lavaliers 2 635A Omnis 2 Mark 2 Berkley Light Kits 1 AVC 3660 B&W Camera 1 CVM 131 Monitor 1 Welt Closeup System Page 3 Changes and Status Same as proposed; working. Equivalent; working. Upgrade; working. Upgrade; working. Upgrade; real problem area. consistent downtime on both decks - see Hawkeye's equip- ment reports. Equivalent; working. Same as proposed; working. Equivalent; working. Equivalent; working. Upgrade of 1 microphone; working. Upgrade; light kits are a constant problem, see Hawkeye's reports. 'All equipment items listed under this category are comparable, but this system is still not viable for its intended purpose. That is, no lens can be found that will serve the function of a document scanner as proposed. ATC has verbally agreed to purchase such a lens, should one be identi- fied. 9H Exhibit B. P9. 4 of 5 UPDA iN HAWKEYE'S ACCESS EQUIPMENT 1/1/84 1 Vectorscope-NTSC 1420 4 635A Electro Voice Dynamic Microphones for Studio Use (Portable Package contains one more than proposed) 4 423A Electro Voice Desk Stands for microphones 2 MS11C Atlas Floor Stands for mikes 4 DR10A SONY Headsets for studio to control communications 1 CVM 131 Black and White Monitor to allow "talent" to see program output 1 Dubbing Cable for 2860 6 Strand Century 8 -way barndoors 12 Strand Century Color or Diffuser Frame 18 Safety Cables 2 ITE Tripod Heads for portable cameras 2 ITE dollies 8 BP 60 Batteries 1 OC 20 Batter Charger 1 IV/Mark 2 BERKEY Colortran Pro kit 3 SONY headsets for communication with portable switching unit MISCELLANEOUS ITEMS USED IN STUDIO 1 5016 lens extender kit 2 LAIRD kits 5036 1 1506 LAIRD rack frame 1 Cyclorama curtain CVS grey for office studio Modulators and converters for studio gear cabling for portable communication system audio boxes mount converters balanced line mike cable audio monitors 3 Stereo amplifiers 1 112" VCR 1 film to tape transfer machine In addition we have provided character generators for the government, university and educational channels. The character generator used for the Program Guide (channel 1) and Community Bulletin Board (channel 26) is also available for use in titling and promoting local programs. 91 Exhibit 8, pg. 5 of 5 BTS 7/10/84 GRANTEE'S CAPITAL OUTLAY FOR ACCESS EQUIPMENT ITEMS AND COSTS ITEM (REPLACEMENTS) COST 2 Sony DXC1800 Studio Cameras @ $4,100 $ 8.200 1 Sony V04800 Recorder @ $3.200 3.200 2 Smith Victor K73 Light Kits @ $1,000 2.000 (or equivalent) 1 Film Chain Camera lens @ $600 600 2 EV635 Microphones @ $95 190 1 Quanta M6100D Titler @ $6,000 6,000 (With dual channel sync/color and 8 foreign language accents) $20,190 I 9/3 RESOLUTION NO. 84-249 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: Golden Corral 621 S. Riverside Drive Iowa City, IA 52240 It was moved by Strait and seconded by Zuber 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 11th day of September 19 84 Attest: A N City Clerk Ola RESOLUTION NO. 84-250 RESOLUTION ADOPTING SUPPLEMENT NUMBER 21 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 21st supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 21 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 21 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 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 September, 198844 YOR ATTEST: -/�' 4't'o CITE' CLERK )AUtelved P, A p_Y a•;est RESOLUTION NO. 84-251 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THF MFRCFR PARK BALL nTAMnNDS FFNCF 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: 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 the 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 10:00 A.M. on the 2nd day of October , 1984 . Thereafter, the bids 0Tl-0e 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 9th day of October , 19--ag. It was moved by Ambrisco and seconded by _ Zuber that the resolution as read be adopte , anU 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 ATTEST: .24a4 aJ , CITY LURK 1984 . Received d, Approved By The Legal Department RESOLUTION NO. 84-252 RESOLUTION APPROVING PLANS FOR SIGNAGE FOR THE HOLIDAY INN ON CITY OF IOWA CITY PROPERTY. WHEREAS, the City Council of the City of Iowa City, Iowa, by Resolution No. 84-209 approved signage and landscaping plans for Urban Renewal Parcel 64-1b (hotel); and WHEREAS, it has been deemed in the public interest to place two additional signs on City of Iowa City property for informational purposes; and WHEREAS, said plans have been reviewed by the Design Review Committee which recommends approval of the signs contained in the attachments to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the signage plans for placement of Holiday Inn signs on City of Iowa City property submitted by Dr. Harry A. Johnson, Jr. dba as Mid -City Hotel Associates -Iowa City, are hereby approved subject to the conditions and reservations set forth in Attachment A (Easement Agreement) and Attachment B (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 X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 11th day of September 1984. AR ATTEST: YO AdA[2u") ./ I CITE CLERK ReCOVed Ai Apprsvcd' PyTThn Legal Gepa m . Easement Agreement The City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as -"City'), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants and conveys to Harry A. Johnson, Jr., d/b/a/ Mid -City Hotel Associates - Iowa City (hereinafter referred to as 'Grant- ees"), a non-exclusive easement over and upon the following described property located in Johnson County, Iowa, to wit: In Block 64, Original Town of Iowa City, a ten foot square parcel located south of and between the City's parking ramp and the sidewalk running parallel to Burlington Street, as outlined on Exhibit A which is attached hereto,and an eighteen square foot portion of facia wall located above the Dubuque Street entrance to the Dubuque Street Municipal Parking Ramp, as shown on Exhibit"B attached hereto. 1. Purpose: This easement shall be used by Grantee solely for the purpose of installing, operating and maintaining one " pole sign and one facia sign related to the operation of the Holiday Inn Hotel, 210 S. Dubuque Street, Iowa City, Iowa. Grantee shall be solely responsible for installation of the signspermitted hereunder, including all appurtenances thereto, and for obtaining all permits required by City ordinances for installation of signs. 2. Prior Approval. No sign may be installed upon the easement property which has not previously been approved as to form, size and content by the City's Design Review Committee and/or City Council. 3. Retained Rights. Grantor retains the right to use the above-described property for any purpose which will not interfere with the rights granted hereunder. 4. Cancellation Rights. Grantor retains the right to terminate this Easement at any time it should be determined by its City Council that public necessity and convenience require it to do so. Such right shall be exercised by adoption of a resolution by the City Council, and the City shall give Grantee at least ninety (90) days prior notice of such termination. 9/9 -2- 5. Termination. If this easement is terminated by either party hereto, Grantee shall remove all of his property from the premises, and shall leave the premises free from all nuisances and dangerous or defective conditions. 6. Liability. Grantee shall indemnify,save and hold the City harmless from any loss, cost, including attorneys fees, or damage that may arise out of or in connection with this Easement, or Grantee's use 'of the premises. 7. Successors and Assigns. All of the terms and conditions of this Easement shall be binding upon, and innure to the benefit of the successors, assigns, heirs and personal representatives of the parties hereto. No attempted assignment or transfer by Grantor shall be of any force or effect unless Grantor has made such transfer or assignment in connection with a conveyance authorized under the terms of paragraph 15.- Conveyance of Premises, in that certain Mortgage and Security Agreement, dated December 30, 1983, which is recorded in Book 682, at pages 128-149 in the Office of the Recorder, Johnson County, Iowa. IN WITNESS WHEREOF, the parties have caused this Easement to be executed on the dates set forth below the signatures. CITY OF IOWA CITY, IOWA LkBy: olro�G_ MAYOR ATTEST: CITY CLERK ARRY7A. JOHNSON, JR. MID -CITY HOTEL ASSOCIATES - IOWA CITY - Received b Approved - ey a Legal Deparlfnenl -3 - STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this &(kday of1984, before me, Notary Public in a and for said County and to e, personally appeared HARRY A. JOHNSON, JR., 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 voluntary act and deed. CYNTHIA HENNEK Is NOTARY PUBLIC STEARNS COUNTY 80TA �'Oa1see Not Pu is STATE OF IOWA ) ) ss: JOHNSON COUNTY ).. On this l/fA day of ��,,,.,,_/,4 19_&4Z, before me, the under- signed, a Notary Public in or 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 the City of Iowa City, Iowa; 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 City Council; and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. N t// 4P &M i n n he 5 ate o -Iowa SIGN #1 EASEMENT AGREEMENT EXHIBIT B --PARKING RAMP SIGN S" wwtt' �wv�...cnav QMCi'6rpWtl Sal rUln`r QM L t t) scc rvecy \ E�Kr TYIr �/ I[TI�J,1 9,21 EASEMENT AGREEMENT EXHIBIT B --POLE SIGN SIGN #2 D6wm St. Fortino ban .• �r SIDW= Darlington St. St. 1 -. Parking " " lowo RESOLUTION NO. 84-253 RESOLUTION ABOLISHING ONE VACANT FIRE LIEUTENANT POSITION IN THE FIRE 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, one vacancy currently exists in the position of Fire Lieutenant within the Fire Department, and WHEREAS, through an organizational study of the Fire Department concerns were raised by Fire Department employees about the adequacy of current promotional policies in reflecting promotion criteria which are clear of bias and offer equal opportunity for advancement to all qualified candidates, and WHEREAS, it is in the public interest that such policies be reviewed with input from all members of the Fire Department to ensure the absence of bias, and that promotional decisions to fill the currently vacant position be held in abeyance absent the pressures of external time constraints until finaliza- tion of such policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Fire Department be amended by the removal of one Fire Lieutenant position. It was moved by Baker and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES X X X X X X Passed and approved this 11th NAYS: ABSENT: Ambrisco Baker Dickson X Erdahl McDonald Strait Zuber of September 1984. ATTEST: x,21- — - I 7e. CITY'CLERK Received & Approveo By The Legal Department 9 io g 993 I RESOLUTION NO. 84-254 RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE COUNCIL OF THE CITY OF IOWA CITY TO COOR- DINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1983 Code of Iowa, and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargain- ing between two or more bargaining units, and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's adminis- trative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective, and WHEREAS, the Iowa City Library Board of Trustees and the Council of the City of Iowa City wish to enter into a joint agreement to coordinate negotiating procedures for purposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A", and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and the attached joint agreement between the Iowa City Library Board of Trustees and the Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: ABSTAINING: AYES: NAYS ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 11th day ofAYO er ATTEST: V4nMa,��aAJ Li I r-GLERK Received & Approveo By T6Legal Department 9�U JOINT AGREEMENT BETWEEN IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL'OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. An,agreement made and entered this 11th day of �Septte_mber 1984, by and between the City Council of Iowa i y, Iowa, ana the Boar3Trustees of the Iowa City Public Library, Iowa City, Iowa. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1983 Code of Iowa and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both bodies given Iowa City Council's financial responsibilities and the Iowa City Library Board's administrative responsibilities for library services in Iowa City, and WHEREAS, procedures. are necessary to make this coordination effective. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Both bodies will bargain in coordination with the duly appointed repre- sentatives of their respective employee organization. 2. The Library Board will designate the City Manager of Iowa City or his designee as the bargaining representative for the Iowa City Public Library Board of Trustees. 3. The Library Director or her designee will be a member of the negotiating team and shall represent the Iowa City Public Library Board of Trustees in issues of specific concern to library operations and/or library employees. 4. The Iowa City Public Library Board of Trustees will be notified of all executive sessions of the City Council of Iowa City called for the purpose of discussing contract negotiations. 5. Subsequent to any negotiated contract the Library Director will be represented on any grievance committee formed as a condition of that contract. 6. This agreement shall cover the period from date of adoption through the contract covering library employees which will begin July 1. 1985. ti 200dved R ApRraved 8p rite Legal Dep rftm.ot RESOLUTION NO. 8-4--255 RESOLUTION AMENDING THE NUMBER OF POSITIONS IN THE HOUSING AND INSPECTION SERVICES DEPARTMENT. WHEREAS, Resolution No. 84-159 adopted by the City Council on June 19, 1984, established a classification/compensation plan for Confidential 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 Confidential pay plan be amended by: a. Deletion of one Administrative Secretary - HIS/PW position, Grade 46. b. The addition of one Code Enforcement Assistant position, Grade 47. 2. The authorization of personnel in the Housing and Inspection Services Department be amended by: a. The deletion of one half-time Administrative Secretary HIS/PW position. b. The addition of one full-time Code Enforcement Assistant position. 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 11th day of September &tw , 1984. - nvno ATTEST: J C T CLERK u Received $ Approveq By The Legal DedaH nt 9 � y 4Y- RESOLUTION NO. 8-4---256 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE PUBLIC WORKS 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 Works Department requires additional secretarial assistance to promote greater efficiency in the use of current professional and technical employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Public Works Department be amended by 1. The addition of a half-time Administrative Secretary position, Grade 46. It was moved by Zuber and seconded by Erdabl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER g DICKSON R ERDAHL R MCDONALD X STRAIT X ZUBER Passed and approved this lltb day of SPtYPn}PT f, 1984. ?AYOR ATTEST: MOAAcIAOS-1 -/. !�Bd d.% CITY CLERK Received & Approved_ Hy The Legal De ftwnt 9 4.?7 m— RESOLUTION NO. 84-257 RESOLUTION RECLASSIFYING A FULL-TIME POSITION IN THE STREETS 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 Streets Division be amended by: 1. The deletion of one Maintenance Worker II position, grade 04. 2. The addition of one Maintenance Worker III position, grade 09. It was moved by - - Dickson 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 _3F- MCDONALD X STRAIT X ZUBER Passed and approved this 11th day of to er � ],9$L4� ?A A ATTEST: plek CITY`CLERK Received & Aprrove-ac By The Legal. Dgpartmenf - �L 9zz 6% RESOLUTION N0. 84-7.SR RESOLUTION AMENDING POSITIONS IN THE ADMINISTRATIVE CLASSIFICATION PLAN WHEREAS, Resolution No. 84-159 adopted by the City Council on June 19, 1984, established a classification/compensation plan for Administrative 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 IOWA CITY, IOWA, that the Administrative classification plan be amended by moving the position of Transit Manager from Grade F to Grade G 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 lith day of ATTEST: CIT CLERK Refz►4tti i4 �.f5j•�r•.^.. by i t l.gal L)epaliment 9JR9 RESOLUTION NO. 84-256 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Hawkeye Amusement at 1214 S_ rilhert Street In Iowa City, Iowa, has surrendered cigarette permit No. 85-59885-66 , expiring June 30 , 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. 85-59 , issued to Hawkeye Amusement (Time (h,t Recrn„rnnt) 85-66 Hawkeye Amusement (Hungry Hobo) 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 $ 150.00 , payable -to Hawkeye Amusement as a refund on cigarette permit No.8. It was moved by Dickson and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: AYES. NAYS: ABSENT: Ambrisco X Raker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this Attest: }h ,�,A� ;6—'. 216'!,rj j i30 RESOLUTION NO. 84-260 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY ELSIE LINDER. WHEREAS, on March 10, 1978, Elsie Linder executed a promissory note to the City of Iowa City in the amount of $5,000 for value received by way of a Housing Rehabilitation loan, and WHEREAS, said promissory note provided a lien against subject property, and WHEREAS, $5,000 of the full amount of said note has been forgiven in full on March 10, 1981, and WHEREAS, the subject property was sold or transferred on November 30, 1981. 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 fro an obligation of Elsie Linder to pay to the City the principal amount of $5,000.00. 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 25th dal of September , 1984. ATTEST: Car CLERK A�M S Approved 10Y The legal Department 9 16� 931 RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: Date: ----September-25,-1984 That the City of Iowa City and the Housing Rehabilitation Program do hereby release the following described property: Lot Thirteen (13) and the South half of Lot Twelve (12) in J.C. Watkins' Survey of Four (4) acres in the Northeast quarter of the southwest quarter of Section Fourteen (14) in Township Seventy-nine (79) North, range Six (6) west of the 5th P.M. as shown by plat thereof recorded in Plat book 3, page 305, Plat Records of Johnson County, Iowa. from an obligation of Elsie Linder to the City of Iowa City, Iowa, in the principal amount of $5,000.00 represented by a promissory note recorded in the Office of the Johnson County Recorder on April 10, 1978, in Book 252, pages 417 and 418. This obligation has been paid in full. By: ATTEST: Cit Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) TY OF IOWA CITY, IOWA O nalved A AppeyM By The Legal Donoftient On this 25th day of September-- 19.84., 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 corporation, by it and by them voluntarily executed. Notctry P blit in and f Johnson County, Iowa 93a RESOLUTION NO. 84-261 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 incorporated 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 eso u an, 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 ontract. Section X All resolutions or parts of resolutions heretofore adopted by the oc1-aTA-ut-hority 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 C This Resolution shall take effect immediately. 4:;3 Resolution No. 84-21 Page 2 It was moved byand seconded by Erdahl the Resolutione a op e , and upon roll call there were: AYES: NAYS: ABSENT: x Z _L X _x x Passed and approved this 2stjL Ambrisco Baker Dickson Erdahl McDonald X Strait Zuber dfy of September 1984: 6s(vad & Approvad 93y Project #IA022003 Contract OKC-9166 (formerly KC -9132 Amendment No. 1 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW RENT PUBLIC HOUSING AMENDMENT TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT This Agreement, entered into this 25th day of September, 1984, by and between the U. S. Department of Housing and Urban Development (herein- after referred to as "Government") and the City of Iowa City. Iowa , a public housing authority, organized under the laws of the State of Iowa, in the City of Iowa City, Iowa (hereinafter referred to as the "PHA"): WHEREAS, the parties entered into an agreement for Project No. IA 022003 on the 4th day of ,Tune , 19 81, which Annual Contributions Contract is numbered xr.-91,49 (hereinafter referred to as "the original contract"), and subsequently consolidated under Contract No.KC-9166 on March 23 , 19 84. WHEREAS, the original contract, as amended and consolidated, will be permanently financed and the actual development cost for said project has been determined in the amount of $ 1,645,945.48 WHEREAS, the parties are desirous of amending the original contract, as amended, and consolidated, and the Permanent Note thereto to reflect the actual development cost of $ 1,645,945.48 NOW, THEREFORE, in consideration of the mutual promises, covenants and terms hereinafter referred to. the parties amend the original contract, as amended, and consolidated, as follows: 1. All figures indicating the Maximum Aggregate Advances and Estimated Total Development Cost in the original contract, as amended, and the Consolidated Contract No. KC-9166,and the Permanent Note therefore, are deleted and substituted in lieu thereof is the Actual Development Cost of $ 1,645.945.48 2. All of the rest and remaining provisions of the original contract, as amended, and the consolidated contract, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their signature and seal this 25th day of September . 1984. ATTEST: City of Iowa City, Iowa UNITED STATES OF AMERICA U. S. Department of Housing b Urban Development X 3 5 9�3s HUD -52250 July 1966 (Formerly PHA,2250) Substituted PERMANENT NOTE No. 1 Project IA 022003 Contract KC -9166 (formerly KC -9132) Amendment No. 1 City of Iowa City, Iowa (herein called the "Local Authority") for value received promises to pay on or before the maturity date of this Note to the United States of America (herein called the "Government") or order an amount, with interest thereon to the date of payment, equal to the aggregate amount of advances made to the Local Authority by the Government pur- suant to the Annual Contributions Contract (herein called the "Contract") between the Local Authority and the Government with respect to the low -rent housing Projects as hereinafter set forth. The Contract, Projects, and maximum aggregate amount of advances, are as follows: Contract Date: KC -9166, as amended September 25, 1984 (formerly KC -9132) Projects Numbered: IA 022003 Maximum Aggregate Amount of Advances: $1,645,945.48 This Note is issued to aid in financing the above -designated Projects pursuant to the Constitution and statutes of the governmental entity specified below and herein called the "State", and pursuant to the provisions of a resolution (herein called the "Resolution") duly adopted by the Local Authority on the date, as follows: State Resolution Adopted Iowa #85-261 9/25/84 Interest hereon shall accrue at the interest rate applicable to the Projects as provided in the Annual Contributions Contract only upon the difference in amount from time to time between the aggregate amount of advances and the aggregate amount of repayments of principal made on this Note. Each advance, repayment, and interest payment on this Note shall be duly recorded by the holder hereof, by date, amount and type, upon the "Statement of Advances and Repayments on account of Note" attached to and made a part of this Note. This Note shall be payable in annual -Installments on the first day of the month next following the Annual Contribution Date (as defined in the Contract) applicable to the Projects and in any event the final balance of this Note shall become due and payable on the first day of the month next following the last Annual Contribution Date applicable to the Projects. Each payment on account of this Note shall be applied to interest then accrued and the remainder to principal, and the Local Authority shall, on each payment date, apply all available funds hereinafter pledged as security for this Note and interest hereon to such payment. Both principal of and interest on this Note are payable at -the office of the Fiscal Agent (as designated pursuant to the Contract), or at the option of the holder, at the office of the Secretary of Housing and Urban Development in the City of Washington, D. C., in lawful money of the United States of America, unless exchanged as hereinafter provided. This Note shall not be a debt of any city, county, State or political subdivision thereof or any municipality and neither any city, county, State or political subdi- vision thereof or any municipality shall be liable hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local Authorit,. This Note shall not constitute an indebtedness within the meaning of any constitu- tional or statutory public debt limitation or restriction. The full faith and credit of the Local Authority are hereby pledged for the payment of the principal of and interest on this.Note. This Note, together with all other notes issued pursuant to the Resolution with respect to the above -designated Projects, is additionally secured by (1) a first pledge of a specific portion of the annual contributions payable to the Local Authority and authorized to be pledged to the payment of such Notes and the interest thereon, pursuant to the Annual Contributions Contract and (2) by a pledge of and lien on the residual Receipts (as defined in the Contract) of Permanently Financed Projects (as defined in the Contract) after providing for the payment of OWWA HUD -52250 ,July 1966 (Formerly PHA -2250), the Bonds (as defined in the Contract) issued in connection with such Permanently Financed Projects. The pledge and other obligations of the Local Authority under this Note shall be discharged at or prior to the maturity of this Note upon payment of the entire indebtedness. As additional security for the equal and ratable payment of the principal of and interest on this Note, together with all other notes issued pursuant to the Resolution with respect to the above -designated Projects, the Local Authority, to the fullest extent permitted by the laws of the State, hereby pledges, mortgages, conveys and grants, and by this Note and the Resolution has pledged, mortgaged, conveyed and granted unto the Government all the real and tangible personal property wheresoever situated which it has acquired or may hereafter acquire in connection with or relating to the above -designated Projects, including that certain real property relating to said Projects and more particularly described in the trust instrument or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contract: Pro- vided, That the lien of such pledge and mortgage and the 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 Le foreclosable until all Bonds shall have been paid and discharged in the manner provided in the Bond Resolution (as defined in the Contract). 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 Abthority-to be fully obligated under the other provisions of this Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on this Note from other funds of the Local Authority as herein provided. In the event (a) there is any default in the payment of any installment of this Note, or (b) the Local Authority is in Substantial Default or Substantial Breach (as such terms are defined in the Contract) under the Contract, or (c) the Contract is ter- minated, then the holder of this Note at his election may, by written notice to the Local Authority, declare the unpaid balance of principal and interest of this Note immediately due and payable. Failure of such holder to declare this Note due and payable upon occurrence of any of the events as aforesaid shall not constitute a waiver of such right in the event of any subsequent occurrence of any such event. This Note may be exchanged at any time after the issuance of the Actual Development Cost Certificate (as defined in the Contra,.t) With respect to the above -designated Proj- ects, upon demand by and without charge to the holder hereof for a note or notes of the Local Authority in the aggregate principal amount equal to the then unpaid indebtedness hereunder which note or notes shall be payable serially or in installments, as the holder may specify, equal to the specific portion of the annual contributions payable to the Local Authority and authorized to be pledged to the payment of this Note. The Local Authority, for itself and its successors and assigns, hereby waives pre- sentment, demand for payment, protest and potice of dishonor, and hereby consents that the holder of this Note shall have the right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or forbearances whatsoever, or may release any of the security for this Note, without in any way affect- ing the liability of the Local Authority hereunder. No personal responsibility or accountability shall attach to any member of the Local Authority or to any person executing this Note by reason of the execution or issuance hereof. It is hereby certified, recited and declared that this Note has been issued by the Local Authority to aid in the financing of a housing project to provide dwelling accommodations for persons of low income, and that all acts, conditions and things required by the Constitution and statutes of the State to exist, happen or be performed, precedent to and in the issuance of this Note, have happened and have been performed in due time, form and manner as required by law. IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its seal to be impressed hereon and attested by its proper officers thereunto duly authorized, and this Note to be dated the 25th day ofSeptember , 1984 . (SEAL) ATTEST: Ci y of ova City, wa By C airman MVD -5412 1 as.. 9/70 I U.S. DEPARTMENT OF MOUSING AND URBAN DEVELOPMENT NOTE SIMUTM CER=CATE We, the undersigned officers of 'City of Iowa City, Iowa (herein called the "Local Authority") do hereby certify that, on the 25th day of September , 1984 , ve officially signed on behalf of the Local Substituted Authority itspermanent Note No. 1 dated September 25, 1984 and payable to the United States of America or order, being, on the date of such signing and on the date hereof, the duly chosen, qualified and acting officers authorized to execute said Note and holding the offices indicated by the official titles opposite our names; and chat the corporate seal of the Local Authority appearing upon said Note and upon this certificate is the legally adopted, proper and only officio'_ seal of the Local Authority. Witness our hands and said corporate seal this of September , 19 84 , Signature Official Title MAYOR. CITY XLERK 25th day Signatures above and upon the above-described Note guaranteed as those of the officers respectively designated. 22152D -P Insurance io De @. reder ion MUD-Uaah., D.C. q3 F RESOLUTION NO. 84-262 RESOLUTION AUTHORIZING FUNDING TO CONSTRUCT IMPROVEMENTS AT -- THE IOWA CITY AIRPORT PURSUANT TO PROPOSALS FROM THE CITY TO THE FEDERAL AVIATION ADMINISTRATION AND ACCEPTANCE OF SAME BY THE FEDERAL AVIATION ADMINISTRATION BY ITS LETTER DATED SEPTEMBER 18, 1984. WHEREAS, the Mayor has received a letter from the Federal Aviation Administration (FAA) which sets its acceptance of the City's proposal. of June 29, 1984, wherein the City proposed to fund certain improvements at the Iowa City Airport, all at City costs and without Federal participation, in order to restore eligibility for Federal funding, and WHEREAS, the City Council deems it to be in the best interest of the City, the Airport Commission, and the users of the airport to fund those improvements set forth in the FAA letter in order to resolve the non-compliance status of the Iowa City Airport and to restore the airport's eligibility for future Federal funding participation in implementing the airport's Master Plan, and WHEREAS, the City Council urges the Iowa City Airport Commission to immediately take all steps necessary to meet the conditions set out in the FAA's letter of September 18, 1984, and WHEREAS, the City staff is directed to proceed to acquire the necessary property interests required for a 355 -foot extension to Runway 6/24, and WHEREAS, all. other conditions set forth in the FAA letter of September 18, 1984 shall also be met and said letter is hereto attached as Exhibit "A" and shall be made part of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the conditions specified in the FAA letter dated September 18, 1984 shall be complied with and the necessary general obligation bonding procedures to fund these items be instituted forthwith. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: 9 39 AYES NAYS: ABSENT x Passed and approved this ATTEST: 10 PAUMMI . e BAKER DICKSON ERDAHL MCDONALD x STRAIT ZUBER day of September , 1984. Received & Apprdved By The Legal Dep" ' q-jl_ $ Ll Q#A us. Depallment of TmnspWatlon Federal Avkdlon AdmlNstration SEP 18 1984 The Honorable John McDonald 14ayor of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Dear Mayor McDonald: REur:l\+:n SEP 2 0 1984 Control Region 601 E 12th Street Iowa, Kansas, Kansas Gty, Missouri 64106 Mlisourl, Nebraska We have completed our review of the proposal included in Mr. Robert W. Jansen's letter of June 29, 1984. Our conclusion is that the Iowa City Municipal Airport could be given consideration for future Federal funding after the following conditions are met: 1. The City must, without Federal financial participation: a. Construct a 355 -foot extension to Runway 6/24, including excavation, subgrade preparations, subbase, pavement, cement, edge drains, painting, lighting, design and Acquisition costs. b. Acquire the necessary property interests (fee land and clear zone easements) required for a 355 -foot extension to Runway 6/24. c. Construct a culvert in connection with the .355 -foot .extension to Runway 6/24. d. Relocate the threshold of Runway•17 and perform such relocation in accordance with FAA Advisory Circular 150/5300-4B. 2. The proposed City/County zoning ordinance recently reviewed by us must be adopted. Any future grant agreement for airport development with the City will contain a special condition requiring the City to continue this ordinance in force and to take all action necessary to ensure that it is enforced without variance. Regarding clear zones, we wish to emphasize that FAA policy states that clear zones should be clear. In addition, the law requires that any applicant for an airport development grant must give written assurance that it will take all EXHIBIT "A" 441 K�Cr,�CD SEP 2 D 11& 2. reasonable action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with 'normal airport operations, including landing and takeoff of aircraft. If you have any questions or wish further clarification, please contact us immediately. Sincerely, Wm. k a ser Man r, dAirports Division EXHIBIT "A" LW2 September 25 , 1984 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 John McDonald in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber Absent: -1- 4le/; Council Member Erdahl introduced the following Resolution entitled "RESOLUTION ACCEPTING WORK" and moved its adoption. Council'Member _ Amhrisco _ seconded the motion to adopt. The roll was called and the vote was, NAYS: Whereupon the Mayor declared the following Resolution duly adopted: 84-263 RESOLUTION ACCEPTING WORK WHEREAS, on December 2, 1983, Iowa City, Iowa, entered into contract with Metro Pavers. Inc. of Iowa City, Iowa for the construction of the St. Anne's Drive Special Paving Project -1983, within the City, as therein described; and WHEREAS. said contractor has fully completed the construc- tion of said improvements, known as the St. Anne's Drive Special Paving Project -1983, 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 October 7 , 1983: 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 $ 58,662.31 Section 2. The total project cost including construction, engineering• legal and administrative costs is determined to be $ 76.981.39 -2- q#q PASSED AND APPROVED this __2,rth_ day of _ _Sgg-tPmb-u 1984. ayor ATTEST: -4-�- -3- 9 yS 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 _25th— day of _ _September_ _ _ __• 1984. 7C� City Jerk, Iowa City, Iowa SEAL 9y6 1�p Council Member ErdqbJ introduced the following Resolution entitled 'RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Council Member Ambrism_seconded the motion to adopt. The roll was called and_ the vote was,. AYES: Baker, Ambrisc_ oDick5on. Erdahl� _ McDonald. Zuber. NAYS: None. Whereupon the Mayor declared the following Resolution duly adopted: 84-264 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 St. Anne's Drive Special Paving Project -1983, 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 one-third (1/3) 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 sche- dule for the improvement and filed in the office of the Clerk. PASSED AND APPROVED this 25th day of _SeptPmbPr , 1984. ATTEST: -4- ,911-7 4- 9S/7 _ September 25 1984 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 John McDonald in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Absent: Strait -1- Council Member Erdahl_ introduced the following Resolution entitled "RESOLUTION ACCEPTING WORK" and moved its adoption. Council Member Zuber seconded the motion to adopt. The roll was called and the vote was, AYES: ZubeT,_Ambrisco, Dickson, Frdahl., _ NAYS: None ABSTAINING: Baker Whereupon the Mayor declared the following Resolution duly adopted: 84-265 RESOLUTION ACCEPTING WORK WHEREAS, on December 2, 1983, Iowa City, Iowa, entered into contract with Metro Pavers, Inc. of Iowa City, Iowa, for the construction of the Tanglewood -Ventura Special Paving Assessment Project, within the City, as therein described; and WHEREAS, said contractor has fully completed the construc- tion of said improvements, known as the Tanglewood -Ventura Special Paving 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 October 7 , 1983: 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 $ 101,188.91 Section 2. The total project cost engineering, legal and administrative be $ 122,438.69 -2- including construction, costs is determined to Mi PASSED AND APPROVED this 25th day of September 1984. rayor ATTEST: -3- 450 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 25th day of September 1984. - -h OCA V. 4&�_w _ City -Clerk, Iowa City, Iowa SEAL Q5_1 (This Notice Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body. The City Council of Iowa City, Iowa. Date of Meeting: September 25, 1984 Time of Meeting: 7:30 p.m. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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: Resolutions in connection with the Tanglewood -Ventura Special Paving Assessment Project. - Resolution accepting work. - Resolution ordering preparation of final plat and schedule of assessments. 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 28A, Code of Iowa, and the local rules of said governmental body. it y - Cit Clerk, Iowa Cxity,, Iowa \o - Council Member Erdahl introduced the following Resolution entitled "RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Council Member Zuber seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, Dickson, Erdahl, McDonald, Zuber NAYS: None ABSTAINING: Baker Whereupon the Mayor declared the following Resolution duly adopted: 84-266 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 Tanglewood -Ventura Special Paving 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 one-third (1/3) 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 sche- dule for the improvement, and filed in the office of the Clerk. PASSED AND APPROVED this 25th 1984. ATTEST: day of September -4- 953 RESOLUTION 84-267 RESOLUTION ADOPTING POLICIES AND STRUCTURAL CHANGES INCLUDED IN THE SECTION 504 TRANSITION PLAN THAT WILL ASSURE ACCESSIBILITY OF CITY OF IOWA CITY PROGRAMS, ACTIVITIES AND FACILITIES TO HANDICAPPED PERSONS WHEREAS, the City of Iowa City wishes to comply with Federal Revenue Sharing rules of non-discrimination based on handicap as stated in Section 504 of the Rehabilitation Act of 1983; and WHEREAS, the City of Iowa City has conducted a self-evaluation which identi- fies structural barriers to program accessibility; and WHEREAS, the City of Iowa City held two public hearings to obtain suggestions from citizens for improving the City's accessibility to handicapped persons; and WHEREAS, staff and 504 Compliance Committee representatives have toured all City of Iowa City owned and rented buildings, parking facilities and parks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the attached City of Iowa City Section 504 Structural Transition Plan including policies and structural changes be adopted and that said changes listed in said plan be effected by October 17, 1986. 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 -i— - Dickson Erdahl �— McDonald X Strait g Zuber Passed and approved this 25th day of September , 1984. Y ATTEST: %yJ CITY -CLERK [deceived & Approved By The Legaleparhnettt asy \\ City of Iowa Cit" . 1T1Fr10R.*-*uq&"D0r1 Date: September 18, 1984 To: City Council From: Section 504 Compliance Committee Re: Proposed Structural Changes to Assure Accessibility to City Programs by October 17, 1986 The attached Transition Plan includes a list of recommended structural changes which are being presented for Council action as the final step in compliance with Federal Revenue Sharing: regulations pertaining to non- discrimination on the basis of handicap in accordance with Section 504 of the Rehabilitation Act of 1973. Details of these regulations and the formation and work to -date of the Section 504 Compliance Committee were included in an August 23, 1984, memorandum to the City Council from the Committee. The Committee has now completed the final phase of their review process in which all City -owned buildings, parks, and parking ramps were toured and accessibility items checked. The Section 504 Compliance Committee is now submitting for review the attached Section 504 Structural Transition Plan. Following .preliminary approval, these items will be incorporated into a resolution for formal Council action. COMMITTEE Citizen members of the Committee who volunteered significant time and effort to this structural review included Mona McElderry, Maris Snider, and Sandy Vaughan. Most of the staff work on the project was done free of charge by Kim Dittmer, Practicum Student from the University of Iowa School of Social Work, in internship with the JCCOG Human Services Office. Jean Swift, an intern from the Urban and Regional Planning Department assisted also, supervised by the Human Services Coordinator. Additional input on Act compliance was received at no cost from Ann Copic and John TenPas of the Iowa Governor's Committee on Employment of the Handicapped and Peter Green, engineer for the Iowa Building Code Commission. These individuals made several calls and trips from Des Moines to assist with preparation of the transition plan. METHOD In addition to using an Accessibility Checklist to inspect all City facili- ties, one page of the City Self -Evaluation Questionnaire administered this spring was completed by City staff in each program area dealing only with facility accessibility. Staff responses in this area were used in conjunc- tion with site visits to evaluate each facility. L?55 Another piece of information used was the Septemoer, 1976, Architectural Barrier Removal Program which surveyed eight City structures an City Park and made recommen ations regarding accessibility. The Committee sought to update and expand this study. In addition, suggestions were recorded from the two public hearings held May 3 and May 7, 1984. PURPOSE AND TIME LINE City facilities were reviewed in terms of barriers to full participation of the handicapped in City programs. "Programs" are defined as services provided, activities conducted, meetings held, and employment opportunities. Where possible we have tried to find solutions other than structural to assure program accessibility. In the event that structural changes are necessary to meet the program accessibility requirements, Revenue Sharing recipients are required to develop by October 17, 1984, a transition plan with steps necessary to complete such changes. Structural changes listed in 'the plan must be accomplished by October 17, 1986. TRANSITION -PLAN The attached transition plan consists of three main sections. The first recommends two policy changes for the City of Iowa City. The second part of the plan consists of Section A, Structural Changes to Assure Accessibility to City Programs. These items must be completed prior to October 17, 1986. A timetable is indicated by each item with dates for project start and comple- tion. The third part of the Transition Plan is Section B, Structural Changes Which Are Desirable, going beyond 504 compliance but enhancing program accessibil- ity. It is hoped that the second list will help City departments as they plan for the future. These items are not required by Section 504 to be completed by October 17, 1986, but are included only to provide a list of helps that _could benefit departments as various improvements are made to City facilities. bdw/sp 9 SZO CITY OF IOWA CITY SECTION 504 STRUCTURAL TRANSITION PLAN Adopted: PERSON RESPONSIBLE FOR IMPLEMENTATION: Rosemary Vitosh, Finance Director PREPARED BY: Members of the Section 504 Compliance Committee (listed below) STAFF Visits conducted by: Kim Dittmer, Human Services Intern Cheryl Mintle, Human Services Coord. Rick Fosse, Civil Engineer Results reviewed by Full Committee including Rosemary Vitosh, Finance Director Teresa Kimble, Senior Accountant Don Schmeiser, Director, Planning and Program Development Anne Carroll, Human Relations Director COMMUNITY REPRESENTATIVES Mona McElderny, Citizen Maris Snider, Johnson County Citizens Committee for the Handicapped Sandy Vaughan, Citizen Andrew Noor, Hawkeye Chapter - United Blind of Iowa Michael Townsend, Goodwill Industries Sharon Van Meter, U of I Office of Handicapped Services David Armand, Citizen Jane Kelleher, Miss Deaf Iowa q,S7 The City of Iowa City Structural Transition Plan is the culmination of eight months of work by the City of Iowa City residents and staff. Method In addition to using an Accessibility Checklist to inspect all City facilities, one page of the City Self -Evaluation Questionnaire completed by City staff in each program area dealt with facility accessibility. Staff responses in this area were used in conjunction with site visits to evaluate each facility. Another piece of information used was September, 1976, Architectural Barrier Removal Program which surveyed eight City structures and City Park and made recommendations. The Committee sought to update and expand this study. In addition, suggestions were recorded from the two public hearings held May 3 and 7. All City owned and rented buildings and parks have been surveyed for barriers to accessibility. These include the following: Civic Center Recreation Center Senior Center Davis Building (rented for Planning and Prog East Side Fire Station West Side Fire Station Animal Shelter Public Library Airport (Building leased to MECCA) Transit Facility Streets and Refuse Collection (Building leased to Bus Depot) Oakland Cemetery and Mausoleum Capitol Street Parking Ramp Dubuque Street Parking Ramp Sewage Treatment Plant Water Treatment Plant All City Parks (See attached li All handicapped parking spots i n ram 410 E. Washington 220 S. Gilbert 28 S. Linn 322 E. Washington Development 8 Assisted Housing) 2001 Lower Muscatine Rd. 301 Emerald St. 111 Kirkwood 123 S. Linn 1801 S. Riverside Dr, 1701 S. Riverside Dr. 1200 S. Riverside Dr. 1200 S. Riverside Dr. 404 E. College 1000 Brown Street Burlington and Capitol Burlington and Dubuque 1000 S. Clinton West Bloomington lis Iowa City The Transition Plan consists of two major sections of structural changes: Section -A Structural Changes to Assure Accessibility to City Programs Section B Structural Changes Which are Desirable - These are items which go beyond basic -504 Compliance, but which would enhance program accessibility for Iowa City's disabled citizens. This second list is included to assist departments, and the City, as a whole as they plan for the future. 4 .C -Q In addition to these structural recommendations, it is recommended that the following be adopted as City policy: 1. That the City of Iowa City, through ordinance, increase the fine for unauthorized parking in handicapped parking spaced from $15 per incident to $35 per incident. This would assist with parking enforce- ment. In FY84 550 individuals were cited for violations. That the City have one office (possibly the SPI office in the Recrea- tion Center) which reviews all renovation and new construction projects regarding their conformance with ANSI standards for handi- capped accessibility. The individual responsible should remain in constant contact with local citizens for input. It is recommended that Mrs. Maris Snider, President of Johnson County Citizens Committee for the Handicapped, be contacted for input whenever construction will affect handicapped citizens. I - 3. As new City buildings are constructed it is recommended that a flashing light system be installed to work with the disaster alarm system in order to provide warning for those with hearing impair- ments. Q<9 CITY OF IOWA CITY STRUCTURAL CHANGES TO ASSURE ACCESSIBILITY TO CITY PROGRAMS DATE FOR COMPLETION PROBLEM CIVIC CENTER 10/84 1. In front entrance area cemented sidewalk needs repair. 11/84 2. Handrail on ramp is too high for wheelchairs. 10/86 3. People using wheeled vehicles (baby strollers, loading dollies, or,wheelchairs) will find only the lobby, Council Chambers, and police desk accessible. Police and Fire can be accessed by Gilbert Street entrances. Because of the building's multi- level design, stairs connect the six levels and provide barriers for more severely limited individuals. Level 1: lobby, reception area, word process- ing, Council Chambers. Level 2: upper level with city manager, conference room, cashier, city clerk, finance and personnel. Level 3: lower level with legal department, housing, public works department, men's restroom, coffee room, and janitor's room. Level 4: the police department as entered from the lobby. Level 5: the police department as entered from the coffee room on level #3. Level 6: sub -level with women's restroom, print shop, keypunch, mail roan, and supply room. SOLUTION COST Resurface part of existing $ 250 sidewalk. Attach handrail on one side $ 250 32" high. No single improvement will $80,000 provide convenient access to all levels. Ramps are not feasible. Stairlifts are workable only for straight staircases; the lobby stairs are curved. Because of the multi-level floors, one lift could not service all levels. The elevator would be added in the lobby to service levels #1, 02, and 3.The elevator is the most comprehensive solution, since it would provide access to employees as well as the general public. Other alternatives such as addition to building should be explored with input from disabled. 94t) 2 DATE FOR COMPLETION PROBLEM SOLUTION COST 10/86 4. Restrooms are located on lower If a new addition with $10,000 levels #3 and #6. Individuals accessible restrooms is restricted to the lobby or not completed, structural upper level have no access to changes will be required bathroom facilities. The only to make existing restrooms accessible restroom in the accessible. Women's is Civic Center is in the Police down several steps and would Department. It can be accessed need to be moved to new by wheelchair only from Gilbert location as ramping is Street, not from lobby and must impossible. Cement block be shared by men and women. block doorway to men's restroom is too narrow for If the structure .is to be -wheelchair, would need architecturally barrier -free, expansion. Stall doors accessible bathrooms are needed and doorways should be for each sex and should be widened and dispensers located within access from each lowered. floor; this cannot be accomp- lished until the aforementioned multi -floor level problem is conquered. RECREATION CENTER: 10/84 1. Parking meters are too high Move and lower meters. $ 100 and too far back to reach. Done 2. Front doors are heavy, requiring Adjust door pressure or $ -0- greater than 8 to 8.5 pounds install lighter door. pressure. 5/85 3. Back entrance has raised area Smooth out cement in front $ 300 on cement which is difficult of doorway. to negotiate in a wheelchair. Done 4. Mirror at accessible sink Tile top of mirror. $ -0- mounted 48" from floor instead of 40" in locker room bath. Done 5. Tampon dispenser is too high in Remount to 40" height. $ -0- locker room bath. 10/84 6. There is no phone equipped for Telephone company will $ -O- use by persons with hearing add to existing pay disabilities. telephone. 10/84- 7. Dangerous to shower in acces- Attach hand-held shower $ 60 sible shower locker rooms if spray to direct water in electric wheelchair. better. Difficult in any chair. 96( DATE FOR COMPLETION PROBLEM 3 10/84 8. Accessible restrooms and showers are not readily identifiable. 11/84 9. Pool not accessible. 10/86 10. Mercer & City Park Pools inaccessible. '10/86 11. Darkroom inaccessible. SENIOR CENTER: 10/86 1. There is not at least one telephone equipped and identified for use by persons with hearing difficulties. 5/85 2. Second door off ramp entrance hard to open. SOLUTION COST Place signs in appropriate $ 20 locations to note showers and restrooms for handi- capped. Purchase portable pool $ 2,500 lift for disabled to use at three pools. Then determine which $ 5,000 equipment is desired and purchase for all pools. Make accommodation and $ -0- Recreation Center staff will work to find acces- sible alternative. Telephone company will add $ -0- to existing pay phones. Check pressure and adjust $ 110 pressure or replace door if necessary. PLANNING AND PROGRAM DEVELOPMENT/DAVIS BUILDING: 10/86 1. There is no accessible entrance to this rented space. Sumner Staff policy to make $ arrangements to meet citizens in an accessible location when necessary as a temporary solution. If accessible addition is made to Civic Center, these offices should be included. If addition is not made these offices should be moved to accessible space or alter- ations made to this building. -0- 85, 86 2. Grass and weeds tend to grow in Care should be taken to keep $ -0- the cracks on sidewalk in front grass and weeds out of side - of Davis Building. walk in order to not create obstacles for smooth naviga- tion. 96a 4 DATE FOR COMPLETION PROBLEM SOLUTION COST ASSISTED HOUSING-DAVIS BUILDING: 5/85 1. Door requires more than 8.5 Adjust pressure or an E 110 pounds to open. automatic opener. 12/84 2. Fire exits are not accessible. Staff policy should be $ -0- designed to assist handi- capped when necessary. 11/84 3. Narrow walkways along Gilbert. Cut shrubs along sidewalk. $ -0- ANIMAL SHELTER: 10/85 1. Gravel parking lot makes it Replace gravel with smooth $ 1,200 hard to walk and push wheel- surface, in one area near chair. door. 10/85 2. Sidewalk to entrance has Install handrail at correct $ 250 steep incline to front door. height. 10/85 3. There is a 5" step at entrance Install small ramp to make b 50 doors. landing and entrance flush. PUBLIC LIBRARY: 12/84 1. No handrail at ramp at east Install handrail 32" in $ 400 entrance. height. Done 2. Meeting Room A door is more Adjust pressure or make $ -0- than 8.5 pounds heavy to open accommodation. and no space is at the side to make opening easier. 5/85 3. Minor changes needed in acces- Add side mounted soap $ 300 sible baths - soap dispenser dispenser by lowered sink and mirror are too high. and tilt mirror slightly. 10/86 4. Handrails wrong shape and 1" Either replace or add $ 1,000 high. rounded rail. 10/85 1. No designated handicapped spaces exist. No curb cut to entrance. 10/85 2. There are no barrier free entrances or exits, all have a 7" step. Designate one handicapped $ 250 space 12 feet wide and make curb cut in front entrance area. Construct small ramp at one $ 250 entrance. Airport policy does allow vans with disabled passengers to drive directly to planes for transfer. Stn 9 5 DATE FOR COMPLETION PROBLEM 10/85 3. Restrooms are not fully acces- sible, doorways to stalls are too narrow, no grab bars, drain and hot water pipes exposed. 12/84 4. Water fountain too high for wheelchair accessibility. enl I17Tn\1 COST Widen doorway to one stall E 1,200 by attaching new wider door to wall, install grab bars, and cover exposed pipes (in men's bath). Install papercup dispenser $ 23 30" high. 12/84 5. Public telephone is too high Telephone company will for wheelchair access. lower. 12/84 6. There are no exit signs Install visual exit signs visible for fire. LEASED BUILDING: (MECCA is currently renting this space) 10/86 1. No designated handicap parking. It is anticipated that Small step at entrance, high MECCA will leave this threshold and gravel drive. building by Spring, 1985 Bathroom needs minor corrections and new occupancy is (grab bars, different faucets, questionable. Therefore, mirror too high) to make these changes are a low accessible. priority, but should be reassessed if and when the space is rented again. TRANSIT FACILITY: Done 1. There is no handicap parking Install sign 12/84 2. Restroom has exposed drain Insulate pipes. and hot water pipes. STREETS/SANITATION: (Building is accessible). BUS DEPOT: (Building rented from the City.) 12/84 1. Restroom dispensers are too Lower towel dispenser 40" high for wheelchair use. from floor. 12/84 2. Telephone controls too high Telephone company will for wheelchair use. lower. 12/84 3. Water fountain too high. FIRE AND POLICE DEPARTMENTS: 12/84 1. Public telephone too high for wheelchair accessibility. Ei� S 15 $ 20 $ -0- Install paper cup dispenser $ Lower telephone so controls $ -D- are four feet from floor. g6'/ DATE FOR COMPLETION PROBLEM M CRI I ITTn\1 COST Both of these departments are accessible from Gilbert Street. Both depart- ments located in the Civic Center have access to an accessible bathroom in the Police area. However, if the Fire Departemnt has the opportunity to hire a disabled person in a clerical position at either of their branch stations, the restrooms in those facilities would need minor changes to conform with reasonable accommodation. OAKLAND CEMETERY AND MAUSOLEUM: Mausoleum is accessible to the handicapped. rTTV DAnVC. Upper City Park 10/84 1. Need new -curb cut in parking area - too close to parking space. 10/84 2. Parking space too narrow (9'). 11/85 3. No accessible restrooms. Repaint lines $ -0- Widen space to 12'. $ _O_ Construct accessible $35,000 restrooms 5/85 4. Snack building not accessible. Provide ramps to building. $ 1,000 10/84 5. No access to children's museum. Provide curb cut and side- $ 1,220 walk. (curb cut = $300; concrete sidewalk = $920 5/85 6. Drinking fountains not accessi- Make one fountain accessi- $ 75 ble in pool or grass areas. ble - correct height and cement or asphalt approach. Fountain outside pool suggested. Lower City Park 10/84 1. Designated parking not marked. Mark parking spot (16'x23') $ 100 5/85 2. Accessible outdoor restroom Asphalt (10') = $7,700 $ 7,750 Needs walkway & signs to make Signs = 850 public aware of it. ' College Green Park 10/84 10 Curb cut broken. Repair curb cut. $ 300 Mercer Park 10/84 1. No curb cut at playground. Repair and add curb cuts $ 300 Curb cut at ballfield too narrow. 5/85 2. Accessible restroom needs walkway Asphalt 4' wide $ 3,050 & signs to make public aware of it. Walkway = $3,000 Signs=;50 5/85 3. Water fountain too high. Lower water fountain. $ 30 in I FA 1J.11to, COMPLETION PROBLEM SOLUTION COST Hickory Hill Park 10/84 1. No designated parking spaces. Designate parking spaces $ 75 in upper and lower park. 5/85 2. Accessible shelter & restrooms Asphalt path to shelter $ 700 needs walk from lot. 4' wide. CAPITOL STREET RAMP: 11/84 1. Handicap sign is missing from Replace sign $ -0- wall on level C so that there are only five spaces instead of six designated. 8/85 2. Designated parking spaces are not Mark designated spaces so $ -0- consistently 12' wide. that all are 12' wide. Restriping next summer. This moves 10 spots to 8 spots, which are being traded for street parking. DUBUQUE STREET RAMP: Done 1. Elevator has no sensing device Repair or install sensing $ -O- so that people could get pinned device in door in the elevator doors. 8/85 2. There are no designated parking Two or more handicapped $ 100 spaces on second floor, along designated spaces should be Linn St: placed on second floor ten feet wide with 4' access aisle. These may be traded for two on top floor. 8/85 3. Paint is coming off of lines Repaint lines so space is $ -0- painted on one of third floor obviously designated handicapped spaces so it is handicapped. Ramp is to be unclear whether or not the space_ restriped next summer. is off limits to regular traffic. 8/85 4. Designated parking spaces are not Mark designated spaces so $ -0- consistently 12' wide. that all are 12' wide. Restriping next summer. Will move from 8 to 6 spaces. Usage of ramp spots will be monitored and increased based on demand in the future if needed. 964 M DATE FOR COMPLETION PROBLEM PARKING SPOTS: 8/85 1. Designated spot needed at Younker's west entrance. 8/85 2. Designated spot needed near Kate Daum and Burge Dormitories where handicapped students live 8/85 3. Existing designated parking needs to be widened. 8/85 4. Designated spot needed for better access to Plaza 1. 8/85 5. Handicapped spots are frequently filled by the able bodied (especially in bad weather) - 550 violations in FY84. SEWAGE TREATMENT PLANT Current situation presents no problem. SOLUTION Stripe and sign a handi- capped spot on Capitol St., southernmost spot in loading zone, near driveway. Stripe and sign a handi- capped spot on Bloomington St. All existing designated parking should be surveyed and made the correct width (21 spots). Stripe and sign a handi- capped spot on Clinton St., in front of Whiteway by converting one loading zone spot and adding curb cut. Pass new ordinance in- creasing fine to $35 and add signs stating fee to parking areas. COST $ 100 $ 100 E 2,000 $ 400 $ 150 967 DATE FOR COMPLETION PROBLEM WATER TREATMENT PLANT: This building is not accessible to wheelchairs, including entrance, various interior levels, and restrooms. F'b1IL111 1rd COST This facility is not open $ -0- to the general public. Its occupants are only City employees. Reasonable accom- modation will be made to allow a handicapped individual to be employed in this facility. Beyond this the building would need to be totally rebuilt to be accessible and this would pose an undue hardship on the City. Since this is not a facility open to the general public, no improvements are required at this time. Prices were calculated by the Public Works Department based on having City employees do the labor, except for the Library items which would be completed by an outside contractor. It is recommended that the $35,000 Upper City Park restroom and the $90,000 Civic Center elevator and restroom remodeling be requested from CDBG funds for calendar year 1985. It is further recommended that the remainder of the funds come from General Fund Balance. These amounts would be as follows: General Fund Total Balance CDBG Costs FY85: $19,086 $ 19,086 FY86: 6,050 $ 35,000 41,050 FY87: 6,000 90,000 96,000 Total: T_3T_,1_3_6 25,000 $156,136 SECTION B STRUCTURAL CHANGES WHICH ARE DESIRABLE The following list of structural changes includes items which go beyond basic 504C compliance, but which would improve and enhance program accessibility for Iowa City's disabled citizens. These suggestions were made by disabled members of the 504C Compliance Committee: Problem CIVIC CENTER• 1. Rubber doormat may be unsafe 2. Most dimensions of handrails and steps do not meet Iowa Code. 3. Some miscellaneous items that would improve accessibility to wheelchairs once the building is accessible are needed. RECREATION CENTER: 1. There is only one accessible - in locker room areas for male and female. 2. Counter at registration desk is too high for wheelchairs. 3. Kitchen, dark room, and hand- ball courts are inacessible. 4. Locker space may be difficult for disabled to reach. 5. Whirlpool would offer thera- peutic benefits. PUBLIC LIBRARY: 1. Audio-visual desk on second floor under clock area is too low (29" for a wheelchair to get into). Solution Replace rubber doormat with a recessed mat at front entrance. Add handrails that are 32" high on one side. Add lower coat racks or hooks in the building inspection area. Add fold -out counters at housing and building in- spection, cashier, and information. Provide seating at lower level by water fountain. Make one more restroom accessible. Attach fold -down shelf on wall near window. Reserve one or two lower lockers and mark then for handicapped use. Install whirlpool. Alter desk to correct height. BUS DEPOT: 1. Ticket counter is too high for wheelchair use. CAPITOL STREET RAMP: 1. There are no designated handi- capped spaces on levels A, D, or E. PARKS: Needs 2 Install fold -down shelf at ticket counter. Designate at least one 12' handicapped space on each level. CITY PARK• 1. Handicap play equipment for children. FAIRMEADOWS PARK: 1. This is a park that Systems Unlimited uses for their summer program so perhaps this is an area where shelter would be a good idea and a paved path should be provided between Grant Wood School and park. ucorco oeov. 1. Since this has a supervised play area, and there is an existing sidewalk around it, it would be a good play to put more adaptive equipment. COLLEGE GREEN PARK: 1. Place one park bench near sidewalk. 2. Kill weeds in sidewalk.- HICKORY idewalk. HICKORY HILL PARK: 1. Needs curb cut in lot in to Rose Hill area. 2. Needs handicap parking space in Rose Hill lot. 3. No sidewalk to shelter in lower park area.- 4. rea. 4. Nature trail for handicapped. WILLOW CREEK PARK• 1. If replacing fountain, lower to 30-36 inches from ground. OAK GROVE PARK• 1. Paved graveled entrance and no designated handicap parking or loading zone. 2. Water fountain inaccessible - spigot on side. 970 3 HAPPY HOLLOW PARK: 1. Needs infant swing. 2. Needs sidewalk to ball field from parking lot and basketball court plus curb cut. RENO STREET NEIGHBORHOOD PARK: 1. Sidewalk to shelter is needed. 2. Needs handicap play equipment. COURT HILL PARK• 1. Handicap parking space by bridge needed. 2. Has unpaved surface in parking area which is hard for wheelchairs. 3. Could use curb cut by basketball playing area. 4. There is a post in the middle of asphalt path (to keep cars out) but makes path wheelchair inaccessible. PHEASANT HILL PARK: 1. Concrete slab on which shelter sits is not flush with ground. 2. Grill is in grass away from shelter - needs sidewalk. WETHERBY PARK: 1. Grill is in grass away from shelter. 2. No handicap parking. 3. Gravel parking - needs at least one area surfaced. CREEKSIDE PARK: 1. Either put in brochure or on sign where accessible entrances area. 2. No infant swings. CRANDIC PARK: 1. Ramp for fishing. 971 �N r RESOLUTION NO. 84-268 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM. WHEREAS, the City Council of Iowa City 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 the public and private non-profit agencies, and WHEREAS, the Mayor's Youth Employment Program is an agency which provides these services and a salary study has shown that the director's salary should be adjusted upward, and WHEREAS, the City of Iowa City and the Mayor's Youth Employment Program are in agreement that the Director's salary should be brought into a range compa- rable with the other local human service agencies in order to assure con- tinuation of quality program leadership, and 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. 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 the Mayor's Youth Employment Program for FY85. 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 25th ATTEST: M,,', of Sentemher , 1984. Rocelved & Approved By The Legal Department 4 t 972 Im AMENDMENT TO FY85 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MAYOR'S YOUTH EMPLOYMENT PROGRAM It is hereby agreed on this 25th day of September 1984, that the following sections of the FY85 funding agreement executed June 19, 1984, between the City of Iowa City and the Mayor's Youth Employment Program are hereby amended as follows: II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $1,576 for FY85 to be used by the Mayor's Youth Employment Program to increase the salary of the director. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $1,576 total allocation for increasing the Director's salary will be divided equally between the third and fourth quarterly checks. The checks for third and fourth quarter will therefore total $788. ATTEST: MA IAN KARR, CITY CLERK R%01"d & Approved By a Legal D pl l FOR MAYOR'S YOUTH EMPLOYMENT PROGRAM: 'R 4 mt_L 1'I7" NAME j4, '6 L- . —� D, P, , F TITLE ATTEST: 973 RESOLUTION NO. 84-269 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE RAPE VICTIM ADVOCACY PROGRAM. WHEREAS, the City Council of Iowa City deems it in the public interest to provide emergency shelter for all victims of sexual assault, and WHEREAS, the Rape Victim Advocacy Program is an agency which provides these services and a salary study has shown that the director's salary should be adjusted upward, and WHEREAS, the City of Iowa City and the Rape Victim Advocacy Program are in agreement that the Director's salary should be brought into a range compara- ble with the other local human service agencies in order to assure continua- tion of quality program leadership, and WHEREAS, an FY85 funding agreement was executed June 19, 1984, between the City of Iowa City and the Rape Victim Advocacy Program, and WHEREAS, the attached amendment to the FY85 funding agreement has been negotiated by the City of Iowa City and the Rape Victim Advocacy Program. 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 the Rape Victim Advocacy Program for FY85. It was moved by Erdahl and seconded by Ambrisco 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 25th ATTEST: Of September , 1984. Received A Approved By TM Legal beparhnent 474/ � AMENDMENT TO FY85 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE RAPE VICTIM ADVOCACY PROGRAM It is hereby agreed on this 25th day ofSentpmhIT 1984, that the following sections of the FY85 funding agreement executed June 19, 1984, between the City of Iowa City and the Rape Victim Advocacy Program are hereby amended as follows: II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $803 for FY85 to be used by the Rape Victim Advocacy Program to increase the salary of the director. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $803 total allocation for increasing the Director's salary will be divided equally between the third and fourth quarterly checks. The checks for third and fourth quarter will therefore total $401.50. THE CITY OF IOWA CITY: ATTEST: rn �, 7f,�. l� MARIAN KARR, CITY CLERK Reedtved & Approved by T be Legal De Prhm;ir, C FOR RAPE VICTIM ADVOCACY PROGRAM: NAS RAY s. r.105F hAr: BUSINECS NANAG.R & TREASURER TITLE ATTES ss �+ • -I� fire • TITLE C05 RESOLUTION NO. 84-270 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City deems it in the public interest to provide counseling, outreach and creative arts opportunities for Iowa City youth, and WHEREAS, the United Action for Youth is an agency which provides these services and a salary study has shown that the director's salary should be adjusted upward, and WHEREAS, the City of Iowa City and the United Action for Youth are in agreement that the Director's salary should be brought into a range compara- ble with the other local human service agencies in order to assure continua- tion of quality program leadership, and WHEREAS, an FY85 funding agreement was executed June 19, 1984, between the City of Iowa City and the United Action for Youth, and WHEREAS, the attached amendment to the FY85 funding agreement has been negotiated by the City of Iowa City and the 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 the United Action for Youth for FY85. It was moved by Erdahl and seconded by Ambrisco 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 25th dW of September , 1984. r hull iteoelved & Approved �iy/ 71te legal Dep_art- AMENDMENT TO FY85 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNITED ACTION FOR YOUTH It is hereby agreed on this 25th day of September , 1984, that the following sections of the FY85 funding agreement executed June 19, 1984, between the City of Iowa City and the United Action for Youth are hereby amended as follows: II.• FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $92 for FY85 to be used by the United Action for Youth to increase the salary of the director. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $92 total allocation for increasing the Director's salary will be divided equally between the third and fourth quarterly checks. The checks for third and fourth quarter will therefore total $46. THE CITY OF IOWA CITY: ATTEST: m &AZA� 7V. j4(-a,L4) MARrAN KARR, CITY CLERK Reeelved & Approved; TP rhr►ent�$ FOR UNITED ACTION FOR YOUTH: / 9 NAME TITLE ATTEST: IP.. cc+rrack, Com-wo TITLE R17 RESOLUTION NO. 84-271 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE PROJECT. WHEREAS, the City Council of Iowa City deems it in the public interest to provide temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to domestic violence victims, and WHEREAS, the Domestic Violence Project is an agency which provides these services and a salary study has shown that the director's salary should be adjusted upward, and WHEREAS, the City of Iowa City and the Domestic Violence Project are in agreement that the Director's salary should be brought into a range compara- ble with the other local human service agencies in order to assure continua- tion of quality program leadership, and WHEREAS, an FY85 funding agreement was executed June 19, 1984, between the City of Iowa City and the Domestic Violence Project, and WHEREAS, the attached amendment to the FY85 funding agreement has been negotiated by the City of Iowa City and the Domestic Violence Project. 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 the Domestic Violence Project for FY85. It was moved bydnl and seconded by Amb-risco Resolution 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 25t1 ATTEST: / yI cu, CITY LERK 0 PeC9IVed & Aii p6dJ 0d, By Tho lecjal N-Tartmra i1 S 4Jg AMENDMENT TO FY85 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DOMESTIC VIOLENCE PROJECT It is hereby agreed on this 25th... day of September. 1984 that the following sections of the FY85 funding agreement executed June 19,1984, between the City of Iowa City and the Domestic Violence Project are hereby amended as follows: II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $970 for FY85 to be used by the Domestic Violence Project to increase the salary of the direc- tor. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $970 total allocation for increasing the Director's salary will be divided equally between the third and fourth quarterly checks. The checks for third and fourth quarter will therefore total $485. FOR THE CITY OF IOWA CITY: ATTEST: MA AN KARR, CITY CLERK R%olved 11 8 i»ve"d ley► Tim 16061 9�►� z—b—rnl FOR DOMESTIC VIOLENCE PROJECT: i NA TITLE ATTEST: TITLE Cnq RESOLUTION NO. 84-272 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT 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 these services and a salary study has shown that the director's salary should be adjusted upward, and WHEREAS, the City of Iowa City and the Iowa City Crisis Intervention Center are in agreement that the Director's salary should be brought into a range comparable with the other local human service agencies in order to assure continuation of quality program leadership, and WHEREAS, an FY85 funding agreement was executed June 19, 1984, between the City of Iowa City and the Iowa City Crisis Intervention Center, and WHEREAS, the attached amendment to the FY85 funding agreement has been negotiated by the City of Iowa City and the Iowa City Crisis Intervention Center. 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 the Iowa City Crisis Intervention Center for FY85. It was moved by — 'F.rdlh1 and seconded by Ambrisco the Resolution be a opte , 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 25th of September , 1984. ATTEST:�� �q9An ) CITY''ELERK Received 8 Approved lay The legal De artment Wh P4' AMENDMENT TO FY85 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY CRISIS INTERVENTION CENTER It is hereby agreed on this --25th day of September 1984, that the following sections of the FY85 funding agreement executed June 19, 1984, between the City of Iowa City and the Iowa City Crisis Intervention Center are hereby amended as follows: II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $339 for FY85 to be used by the Iowa City Crisis Intervention Center to increase the salary of the director. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $339 total allocation for increasing the Director's salary will be divided equally between the third and fourth quarterly checks. The checks for third and fourth quarter will therefore total $169.50. THE CITY OF IOWA CITY ATTEST: MARrAN KARR, CITY CLERK Recetved & Approver! By TpDe artrr�errt FOR IOWA CITY CRISIS INTERVENTION CENTER: NAME 7��Gwpt/ili TITLE ATTEST: 1 my NAME c� TITLE cc,, 4 C$$ RESOLUTION NO. 84-273 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE ELDERLY SERVICES AGENCY. 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 Elderly Services Agency is an agency which provides these services and a salary study has shown that the director's salary should be adjusted upward, and WHEREAS, the City of Iowa City and the Elderly Services Agency are in agreement that the Director's salary should be brought into a range compara- ble with the other local human service agencies in order to assure continua- tion of quality program leadership, and WHEREAS, an FY85 funding agreement was executed June 19, 1984, between the City of Iowa City and the Elderly Services Agency, and WHEREAS, the attached amendment to the FY85 funding agreement has been negotiated by the City of Iowa City and the Elderly Services Agency. 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 the Elderly Services Agency for FY85. 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 25th ATTEST: N 51� `KOAA) CITY LERC K 84. R'ecehred & Approved 4 The Legal Department 70iR4M AMENDMENT TO FY85 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY It is hereby agreed on this ?Srh day of' SPntamhar , 1984, that the following sections of the FY85 funding agreement executed June 19, 1984, between the City of Iowa City and the Elderly Services Agency are hereby amended as follows: II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $2,484 for FY85 to be used by the Elderly Services Agency to increase the salary of the direc- tor. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $2,484 total allocation for increasing the Director's salary will be divided equally between the third and fourth quarterly checks. The checks for third and fourth quarter will therefore total $1,242. FOR THE CITY OF IOWA CITY: HN MCDONALD, MAYOR ATTEST: MARIAN KARR, CITY CLERK Received & Approved By The Legal Depa&mnl FOR ELDERLY SERVICES AGENCY: NAME TITLE ATTEST: P RESOLUTION NO. 84-274 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE WILLOW CREEK NEIGHBORHOOD CENTER. WHEREAS, the City Council of Iowa City deems it in the public interest to provide recreational services and supportive assistance to the residence of Mark IV, and WHEREAS, the Willow Creek Neighborhood Center is an agency which provides these services and a salary study has shown that the director's salary should be adjusted upward, and WHEREAS, the City of Iowa City and the Willow Creek Neighborhood Center are in agreement that the Director's salary should be brought into a range compa- rable with the other local human service agencies in order to assure con- tinuation of quality program leadership, and WHEREAS, an FY85 funding agreement was executed June 19, 1984, between the City of Iowa City and the Willow Creek Neighborhood Center, and WHEREAS, the attached amendment to the FY85 funding agreement has been negotiated by the City of Iowa City and the Willow Creek Neighborhood Center. 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 the Willow Creek Neighborhood Center for FY85. It was moved by Erdahl and seconded by Ambrisco the Resolution be a opte 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 25th day of September 1984. 'J ,l YOR ATTEST: - CIT CLERK Reaelved A Approvers OF TL. Legal Deparhnent A 1 �8y ML AMENDMENT TO FY85 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE WILLOW CREEK NEIGHBORHOOD CENTER It is hereby agreed on this 25th day of September , 1984, that the following sections of the FY85 funding agreement executed June 19, 1984, between the City of Iowa City and the Willow Creek Neighborhood Center are hereby amended as follows: II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $696 for FY85 to be used by the Willow Creek Neighborhood Center to increase the salary of the director. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $696 total allocation for increasing the Director's salary will be divided equally between the third and fourth quarterly checks. The checks for third and fourth quarter will therefore total $348. THE CITY OF IOWA CITY: I ATTEST: j'h a.; ",J -e- �� ,) MAR N KARR, CITY CLERK Received & Approved Sd_ w Leal Del:arhnertt -----�t1 Y V FOR WILLOW CREEK NEIGHBORHOOD CENTER: TITLE ATTEST: NAME d" P TITLE RESOLUTION NO. 8484-275 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, _ Whiteway Super Market at 212 S. Clinton Street in Iowa City, Iowa, has surrendered cigarette permit No. 85-37 ', expiring June 30 , 1985 , 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. RS -S7 issued. to Whitewav Super Market 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 Mervin F. RottPr as a refund on cigarette permit No. 85-37 . 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 X X X X X Passed and approved this Attest:jei��„� day of September , 19 84 - q RESOLUTION NO. 84-276 RESOLUTION AUTHORIZING THE ADOPTION OF THE POLICY ON DISPLACEMENT IN CDBG PROJECTS. WHEREAS, the City of Iowa City is eligible to receive Community Develop- ment Block Grant (CDBG) funding under Title I of the Housing and Community Development Act of 1974, as amended, and WHEREAS, Section 104(j) of said Act requires a recipient of CDBG funds to establish a policy on displacement, and WHEREAS, the City of Iowa City has developed a Policy on Displacement in CDBG projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY -OF IOWA CITY, IOWA: 1. That the Policy on Displacement in CDBG Projects, attached hereto, is hereby adopted. 2. That copies of said Policy 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 IZuber and seconded by Strait 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 9th day of October , 1984. OR ATTEST: `'%1��� � �i.,+.�J CITY CLERK Reeelved & Approved By The Legal Department z 4' POLICY ON DISPLACEMENT IN COBS PROJECTS CITY OF IOWA CITY 1. Purpose This policy is established pursuant to Section 104(j) of the Housing and Community Development Act of 1974, as amended, to provide reason- able benefits to persons who are involuntarily and permanently displaced from a dwelling unit as a result of a Community Development Block Grant (CDBG) funded project. 2. Applicability This policy applies only to those persons who are directly or indi- rectly displaced, involuntarily and permanently, by an acquisition, substantial rehabilitation, or other COBS funded project of the City (including a project conducted as a prerequisite to a CDBG-funded project) which is not otherwise covered by the Uniform Act (the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). 3. General Policy To the greatest extent possible, it is the City's policy to minimize the displacement of persons from their homes and neighborhoods through the implementation of its COBS projects. Consistent with this policy, the City will review each project individually for its impact on displacement. Alternative implementation approaches may be used to minimize or avoid displacement. If, however, displacement is unavoid- able in order to accomplish the objectives of a particular project, the City recognizes its obligation to mitigate the adverse effects of displacement and assist any displacees, particularly those of low- and moderate -income. 4. Displacement Resulting from Acquisition Whenever a qualified non-profit entity or subrecipient under contract with the City undertakes a COBS funded project involving property acquisition, it will be the City's policy to ensure that any person who is to be displaced be permitted to continue in occupancy until their current lease expires, without further compensation. This is to allow the displacee time to secure alternative housing. If it is deemed necessary to displace a person prior to the expiration of their lease, the City will ensure that the displacee is compensated by the non-profit entity, subrecipient or the City for an unplanned move. The displacee will be eligible for relocation financial assistance consisting of: a. Reimbursement for actual, reasonable moving and related expenses according to the following schedule 9R'2 Number of rooms (excluding hallways and closets) 1 2 3 4 5 6 or more and Maximum payment $175 $240 $295 $340 $375 $400 b. A replacement housing payment for rental assistance, not to exceed $4,000, that is determined in accordance with 24 CFR 42.453, HUD Uniform Act Regulations. These payments shall be administered in accordance with Appendix 1 -of HUD Handbook 1376.1 (Relocation and Real Property Acquisition). The amount of such compensation may be included in the budget for the particular project and is reimbursable from the City's overall CDBG allocation. In any case, a person to be displaced will not be required to move before 30 days from the time that the non-profit entity or sub - recipient acquires the property. Displacement Resulting from Substantial Rehabilitation Whenever permanent displacement will result from the substantial rehabilitation of a property .using CDBG funds, the City will compen- sate the displacee for an unplanned move. The displacee will be eligible for relocation financial assistance consisting of: Reimbursement for actual, reasonable moving and related expenses according to the following schedule Number of rooms (excluding haT waV�d cc osets 1 2 3 4 5 6 or more and Maximum payment $175 $240 $295 $340 $375 $400 b. A replacement housing payment for rental assistance, not to exceed $4,000, that is determined in accordance with 24 CFR 42.453, HUD Uniform Act Regulations. These payments shall be administered in accordance with Appendix 1 of HUD Handbook 1376.1. The amount of such compensation may be included in the particular rehabilitation project budget and is reimbursable from the City's overall CDBG allocation. Displacement Resulting from Other Activities Whenever involuntary and permanent displacement results from other CDBG funded activities, including housing code enforcement, the City will assist any displacees as provided in Section 7 below, without further compensation. Relocation Advisory Assistance Any person who is directly or indirectly displaced by a CDBG funded project or activity is eligible to receive relocation advisory assistance through the City, in addition to any financial assistance provided above. Such advisory assistance will include, but is not limited to, the following as necessary or appropriate: - Information and referrals about the availability of comparable replacement housing in the area that is decent, safe, and sanitary and that is affordable. - Information and referrals about housing assistance programs admini- stered by the City of Iowa City. 8. Nondiscrimination This Policy on Displacement will be administered in full compliance with Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and Section 109 of the Housing and Community Development Act of 1974, as amended. 9. Public Notice and Review Copies of this Policy on Displacement will be made public and avail- able for citizen review in the Office of the City Clerk and the Department of Planning and Program Development. 99�� RESOLUTION NO. 84-277 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM AND INDEPENDENT LIVING, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IL EMPLOYMENT PROGRAM. WHEREAS, the City Council of the City of Iowa City did, by Resolution No. 83-247, dated August 2, 1983, authorize and enter into an agreement with the Mayor's Youth Employment Program and Independent Living, Inc. to utilize Community Development Block Grant funds for the MYEP/IL Employment Program, and WHEREAS, due to unscheduled turnover .in program participants, additional funds are needed to balance the project budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an amendment to the agreement with the Mayor's Youth Employment Program and Independent Living, Inc. to increase the level of funding for the MYEP/IL Employment Program from $30,000 to $30,910. Said amendment is attached to this resolution and is incorporated herein by this reference. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, an 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 9th day of October 1984. ATTEST: Re09lved & Approved Ily The Legal De artnx OZ 9q I AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MAYOR'S YOUTH EMPLOYMENT PROGRAM AND INDEPENDENT LIVING, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IL EMPLOYMENT PROGRAM This agreement, entered into this 9th day of October , 1984, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Mayor's Youth Employment Program in conjunction with Independent Living, Inc. (herein referred to as "MYEP/IL"), is an amendment to the agreement providing for the MYEP/IL Employment Program. This agreement amends Section III of the original agreement executed August 2, 1983, as follows: III. FUNDING: The City shall pay $30,910 to MYEP/IL to provide these services from September 1, 1983, through August 31, 1984. Lump sum payment shall be made as soon as practicable following the execution of this agreement. In witness whereof, the parties hereto have executed this agreement on this 9th day of October , 1984. CITY OF IOWA CITY, IOWA By: Ma or Attest: -K.,,, , G`ity Clerk Approved �y 7149 [,e�al D=peAment MAYOR'S YOUTH EMPLOYMENT PROGRAM BY: INDEPENDENT LIVING, INC. By Attest: 442 P I RESOLUTION NO. 84-278 RESOLUTION AUTHORIZING THE ADOPTION OF THE PROGRAM MANUAL, AFFIRMATIVE MARKETING PLAN AND TENANT ASSISTANCE POLICY, AND DESIGNATING TARGET NEIGHBORHOODS FOR THE RENTAL REHABILITATION PROGRAM. WHEREAS, the City of Iowa City is authorized under Chapter 403 of the 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 of Iowa City is eligible to receive Rental Rehabilitation Grant funds from the U.S. Department of Housing and Urban Development (HUD) for the purpose of financing the rehabilitation of residential rental properties, and WHEREAS, a Program Manual, Affirmative Marketing Plan and Tenant Assistance Policy have been developed pursuant to HUD regulations for the Rental Rehabilitation Grant Program, and WHEREAS, target neighborhoods have been recommended for the City of Iowa City Rental Rehabilitation Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Program Manual, Affirmative Marketing Plan and Tenant Assistance Policy, documents attached hereto, for the City of Iowa City Rental Rehabili- tation Program are hereby adopted. 2. That the recommended target neighborhoods, as shown on the map attached hereto, are hereby designated for the Rental Rehabilitation Program. 3. That copies of the above -listed 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 Zuber and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 9th ATTEST: 7) CIT LERK ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Of October , 1984. Rocatved & Approved BY The Legal Da sartraent oz 993 amity of Iowa Cite 1,-LlEr- AToVR o4PL IDV. I Date: October 2, 1984 To: Members of the City Council From: 4 Jim Hencin, CDBG Program Coordinator Re: Rental Rehabilitation Program The City Council is asked to consider the adoption of four documents relating to the implementation of the City's rental rehabilitation program: 1. Administrative Policy and Procedures Manual. 2. Affirmative Marketing Plan. 3. Tenant Assistance Policy. 4. Map of Target Neighborhoods. Over the past few months, staff has been preparing for the rental rehabilita- tion program, attempting to develop a program that will fit the local situation. Using a combination of HUD guidelines, the experiences of other cities in rental rehabilitation and the City's own experience in administer- ing housing programs, the staff has developed a rental rehabilitation program which features the following: -Deferred payment loans limited to 50% of rehabilitation costs,_ up to $5,000 per unit. -Loan secured by lien on property for ten years with payable on sale or transfer provisions. -Assistance targeted to small (1-11 unit) rental properties. -Section 8 housing certificates available for eligible lower income tenants. -Relocation assistance available for tenants who must be displaced. Along with the $71,500 awarded to the City for the rehabilitation loans, HUD has allocated 14 Section 8 housing certificates for tenants. Thus, the program will involve a good deal of coordination between the Housing Reha- bilitation staff and the Assisted Housing staff. When the program documents were reviewed by the Committee on Community Needs last month, the Committee recommended two changes: 1. Administrative Policy and Procedures Manual - Stronger language regarding .prior owner participation. Staff added a new paragraph 4.f. Program - Performance to Chapter 3. (See page 5 of the manual.)- This paragrap reflects two standards which HUD uses in the program. 2 2. Tenant Assistance Policy - Provide up to $4,000 cash rental assistance for displacees, consistent with the Uniform Act. Staff revised Section 4. Current Tenants accordingly. (See bottom of page 5 of the policy.) HUD does not require payments to be consistent with the Uniform Act. In the earlier version proposed by staff, the Tenant Assistance Policy provided for a maximum rental assistance payment of $1,200. If there are any questions concerning the rental rehabilitation program, please let me know. bj2/12 99S ADMINISTRATIVE POLICY AND PROCEDURES MANUAL FOR RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY Prepared by Department of Planning and Program Development September 1984 TABLE OF CONTENTS Chapter 1. General Chapter 2. Project Financing and Eligible Administrative Costs Chapter 3. Eligibility Requirements Chapter 4. Costs Includable in Rental Rehabilitation Loans Chapter 5. Limitations on Amount of Loan Subsidy Chapter 6. Processing and Submissions for a Loan Subsidy Chapter 7. Loan Settlement Chapter 8. Loan Closeout Chapter 9. Terms and Conditions Under Which Rental Rehabilitation Loan Subsidies Are Made Chapter 10. Funding of Individual Loan Subsidies and Management of Accounts Chapter 11. Determining Work to be Done With a Rental Rehabilitation Loan Chapter 12. Contracting for Rehabilitation Work Chapter 13. Inspection of Rehabilitation Work Chapter 14. Truth -in -Lending Requirements for Rental Rehabilitation Loans Chapter 15. Grievance Procedure 99-7 3 CHAPTER 1. GENERAL 1. LEGAL AUTHORITY. Rental housing rehabilitation loan subsidies are authorized by the Iowa City Council utilizing grant assistance'under Section 17 of the United States Housing Act of 1937. 2. DEFINITIONS. Following are definitions of various terms used with respect to rental rehabilitation activities. a. City means the City of Iowa City which is eligible to receive Rental Rehabilitation Grant assistance under Section 17 of the United States Housing Act of 1937. b. Family has the same meaning as family, as defined by HUD at 24 CFR 1 c. HUD means the U.S. Department of Housing and Urban Development. d. Large family means a family of 5 or more members. e. _Lower -income family means a family whose income does not exceed 80% of the median family income for the area. f. Owner means one or more individuals, corporations, partnerships, or other legal entities that hold valid legal title to the property to be rehabilitated. g. Project means one or more continguous buildings under common ownership and management that are to be rehabilitated with rental rehabilitation loan subsidies. h. Rehabilitation --Officer -{Specialist) means an employee of the City's Department of Planning andProgram Development charged with the duties of administering the specific aspects of the rental rehabilitation program. i. Unit -or dwelling unit means a residential space that qualifies under the Iowa City Housing Code as a permanent habitation or abode for a family. 4 CHAPTER 2. PROJECT FINANCING AND ELIGIBLE ADMINISTRATIVE COSTS 1. GENERAL. This chapter covers City Council provisions required for the making of rental rehabilitation loan subsidies, sources of funds to be used for making loan subsidies, program reimbursement for advanced fees., and the costs in connection with rental rehabilitation loan subsidies that are eligible administrative costs. 2. PROJECT -FINANCING. Rental rehabilitation loan subsidies may be made only if ther-F-e-xTsts a City Council resolution approving the rehabili- tation loan subsidy program and a sufficient appropriation of Rental Rehabilitation Grant funds from HUD to finance said loan subsidies. 3. ELIGIBLE ADMINISTRATIVE COSTS. The costs described below, related to the processing_o rents re abilitation cases, are eligible adminis- trative costs. Provision shall be made for these costs in the annual Community Development Block Grant (CDBG) budget which is appropriate to the program involved. a..Cit overhead and- third -party contracts. The following costs incurre in a processing and administration of rehabilitation loans are eligible costs, to the same extent as costs incurred for other eligible CDBG projects or activities. (1) City costs for staff salaries, wages, and related personnel expenses. (2) Costs incurred under contract or agreement with organiza- tions, firms, and individuals for supplies and technical and professional services. Contracts and agreements must meet the City's requirements for third -party contracts as to form and methods of solicitation and execution, and, where appropriate, shall be concurred in by the City Attorney's office and the City Manager. b. Other --costs -related -to loans. In addition to those costs set forth in paragraph 3.a. above, other costs for goods and services required for the processing of a rental rehabilitation loan application may be considered eligible administrative costs. c. Advancing --funds for- includable -costs. As necessary, the City shall advance CABG funds to pay for processing fees, credit reports, and charges for title reports and recordation fees. im CHAPTER 3. ELIGIBILITY REQUIREMENTS 1. GENERAL. This chapter sets forth eligibility requirements as to the property and the applicant for a rental rehabilitation loan subsidy. A loan may be made only with respect to a property located within a target neighborhood designated by the City Council. The property must need rehabilitation to meet the Minimum Structure Standards for All Dwellings as required by the Housing Code of Iowa City. A property may not participate more than once in the rental rehabilitation program. 2. REQUIREMENTS APPLICABLE TO EVERY LOAN SUBSIDY. In order to be eligible for a rents re a i itation oan subsidy, the applicant must be capable of obtaining a rehabilitation loan from a private lending institution. A rental rehabilitation loan subsidy cannot be approved if the applicant cannot obtain the remainder of construction monies from their own resources or a private lending institution. In addition, the applicant must be the owner or the contract purchaser of the property to be rehabilitated. 3. REQUIREMENTS OF THE RENTAL REHABILITATION PROGRAM. The applicant and the property proposed to be rehabilitated must in all other respects comply with HUD's requirements for the Rental Rehabilitation Program as set forth in 24 CFR Part 511. 4. OTHER REQUIREMENTS. a. Equity. The owner or contract purchaser must have owned or held equitable interest in the property for a minimum of 12 months prior to applying for a rental rehabilitation loan subsidy and have at least 20Z equity in the property. b. Property size. The property (project) must have at least one (1) but not more than eleven (11) dwelling units. c. Frequency. An owner may receive financial assistance to rehabili- tate only one project per calendar year, unless there are no other applicants on the City's waiting list for that year. d. Liability.- All mortgage or contract payments, property taxes, and hazard insurance for the property must be current. e. Program benefit. At least 70% of the units in a project must be occupied by lower income families upon completion of the rehabili- tation. f. _Program performance. An owner who previously received financial assistance under this program must provide evidence that at least 70% of their previously rehabilitated units are occupied by lower income families or at least 80% of such units have rents that are affordable to lower income families. /000 CHAPTER 4. COSTS INCLUDABLE IN RENTAL REHABILITATION LOANS GENERAL. A rental rehabilitation loan subsidy may be approved only with respect to a property which needs to' be brought up to Housing Code Standards (HCS). After rehabilitation, the property must, at a minimum, conform to the HCS. Eligible project costs may generally include costs necessary to (1) correct substandard conditions as determined by the Housing Code and (2) repair major housing systems (roof, plumbing, heating, electrical, etc.) determined by the City to be in danger of failure. Within the limitations on the amount of loan subsidy as set forth in Chapter 5, a rental rehabilitation loan may also include amounts for purposes other than meeting the HCS, as set forth in this section. Conversions. In general, conversion of a property so as to change either its use or the number or size of units may be permitted only if the conversion is necessary to meet HCS or to eliminate a non -conforming use pursuant to the Iowa City Zoning Ordinance. Conversion will only be considered if it will make rehabilitation and maintenance economically feasible.- b. easible. b. Energy -conservation measures. A rentat rehabilitation loan may provide_for specific energy conservation measures such as storm windows, caulking, and weather stripping, and attic and wall insulation. c. Handicapped assessibility measures. A rental rehabilitation loan may provide for improvements to permit the use of rehabilitated projects by handicapped persons. d. Building -permits and --related -fees. A rental rehabilitation loan may provide funds to cover the cost of building permits and related fees that are required to carry out the proposed rehabili- tation work. However, since the construction contract documents will require the contractor to pay for them, this cost ordinarily would be included in the contract amount. e. Architectural/engineering services. In some cases, an applicant may employ a private architect or engineer to prepare plans and drawings 'for the rehabilitation of the property. In these cases, and with prior approval from the City, the rental rehabilitation loan may include an amount to cover the cost of the architectural or engineering services for the rehabilitation work to be financed by the loan. f. Certain- related -costs. A rental rehabilitation loan may cover certain costs and charges related to processing the loan applica- tion and to obtaining security for the rental rehabilitation loan, such as: (1) Appraisal Fees. (2) Abstract of Title. (3) Title Opinions and Other Legal Fees. (4) Fees for Recordation and Filing. (5) Termite Inspection. too (6) Lead Based Paint Analysis. (7) Private Lending Institution Loan Origination Fees. (8) Credit Reports. As necessary, the City may advance CDBG funds to pay for appraisal fees, title reports, termite inspection, lead based paint analysis and credit reports prior to formal commitment on the rental rehabilitation loan application. If the loan is approved, the City shall be reimbursed from the proceeds of the loan at the time of loan settlement. If the loan is not approved or the applica- tion is withdrawn, the City's advances shall be regarded as eligible administrative costs. 2. WORK WRITE-UP. The Rehabilitation Officer shall prepare a deficiency list in accordance with this manual to verify the rehabilitation work to be financed with the rental rehabilitation loan. 3. LOAN -CANCELLATION. Should a rental rehabilitation agreement be cancelled after rehabilitation work has begun due to some unforeseen circumstances, the City reserves the right to withdraw its subsidy.- -If ubsidy. -If the property owner changes his/her mind and decides not to do energy conservation measures or handicapped accessibility repairs and improvements, the total loan will be reduced to the actual amount of funds used rather than the full amount. 4. SUPPLEMENTAL FUNDS. Since the applicant will be furnishing supplemen- tary funds from sources other than the rental rehabilitation loan, the applicant will be required to furnish written documentation that such funds are available and can be deposited in an escrow account. 5. COSTS NOT INCLUDABLE. A rental rehabilitation loan shall not provide for: a. New construction, substantial reconstruction, expansion of the size of a structure, or the finishing of unfinished spaces such as an attic or basement, except as provided in paragraph l.a. above. b. Materials, fixtures, equipment, or landscaping of a type or quality which exceeds that customarily used in the locality for properties of the same general type as the property to be reha- bilitated'.- c. eha- bilitated. c. Appliances not required by the Housing Code. d. Purchase, installation, or repair of furnishings or trade fix- tures. I 60 0 CHAPTER 5. LIMITATIONS ON THE AMOUNT OF LOAN SUBSIDY 1. GENERAL. This chapter sets forth the financial limitations for the rental rehabilitation loan subsidy program; hereinafter referred to as a loan: 2. MAXIMUM LOAN. The maximum loan subsidy shall be determined using the following criteria: a. Not more than 50% of the total cost to rehabilitate the property. b. Not more than $5,000 per dwelling unit. 3. MINITLOAN. The minimum loan subsidy shall be $600 per dwelling unit. 4. LOAN TERMS. All rental rehabilitation loans shall be set for a term of ten years, with payment deferred as provided in the promissory note. /003 CHAPTER 6. PROCESSING AND SUBMISSIONS FOR A LOAN SUBSIDY 1. OUTLINE OF REHABILITATION STAFF FUNCTIONS. Listed below are the unctions to be performed y e s a or a rental rehabilitation loan subsidy. Staff shall assist the property owner by performing functions'a. through g. listed below: a. Interview and advise the property owner on the general rehabilita- tion objectives and requirements for the Rental Rehabilitation Program and the requirements of the HCS. b. Advise the property owner on the availability and benefits of a rental rehabilitation loan subsidy, and on other public and private programs and resources which may be available for financ- ing rehabilitation. c. Advise the applicant concerning the conditions under which a rental rehabilitation loan subsidy is made, including requirements of the City's Affirmative Marketing Plan and Tenant Assistance Policy for the Rental Rehabilitation Program. d. Complete owner proposal (application) for the Rental Rehabilita- tion Program. e. Inspect the property and prepare a preliminary deficiency list and cost estimate of the rehabilitation work. f. Conduct a financial interview and/or analysis to determine eligibility of the applicant and property for a loan subsidy. g. Notify all tenants in the property to be rehabilitated of the City's Tenant Assistance Policy. h. Determine that items in the deficiency list conform to purposes for which a rental rehabilitation loan may be used. i. Conduct final consultation with applicant on preliminary defi- ciency list and cost estimate to reach agreement on work to be done within Rental Rehabilitation Program guidelines. j. Prepare final deficiency list and contract specifications. k. Assist the property owner as necessary to obtain construction bids. 1. Take 'before" pictures. m. Assign loan number and set up separate file for each case. n. Deliver case to Director for submission to Housing Commission for loan subsidy commitment. Include the following documents and/or forms: (1) Copy of accepted bid. (2) 'Before' pictures. IOOy 10 (3) List of HCS deficiencies, energy conservation measures and other planned improvements along with staff cost estimates. o. Determine that the property will conform to Housing Code Standards upon rehabilitation. p. When a firm commitment has been received by the Rehabilitation Officer, advise applicant and applicant's lending institution and set date for the settlement of the loan to be subsidized. q. On date certain for settlement, meet at designated loan closing location and assist in getting all necessary papers signed including: (1) All copies of construction contracts. (2) Notice to proceed. (3) Promissory note and rental rehabilitation agreement. r. Assure compliance with equal opportunity/affirmative marketing requirements. (Continuing responsibility.) s. Interview and advise tenants of their eligibility for benefits under the Tenant Assistance Policy. t. Inspect the rehabilitation work and assist owner in making progress payments, if such are provided in construction contract. u. Make final inspection of completed rehabilitation work. v. Issue "Certificate of Final Inspection." w. Take "after" pictures. x. Assist owner in obtaining from the contractor the guarantee of work, manufacturers' and suppliers' warranties, and release of liens from the general contractor, subcontractors and suppliers prior to final payment for rehabilitation work. y. Assist the owner in making final payment to contractor for completed rehabilitation work. 2. DISAPPROVAL OF LOAN SUBSIDY APPLICATION. Disapproval by the Housing Commission for any loan subsidy application constitutes a formal turndown and the Rehabilitation Officer shall advise the applicant accordingly and properly document the file. In the case of special or extenuating circumstances, the Rehabilitation Officer may ask the Housing Commission to reexamine an application along with the documen- tation necessary to support the request for reconsideration. aO.S 11 3. APPLICANT CANCELS LOAN SUBSIDY APPLICATION. In the event the appli- cant chooses to cancel the loan subsidy application prior to the date certain for settlement. the Rehabilitation Officer shall prepare Cancellation of Loan Subsidy forms and obtain the applicant's signa- ture. If the applicant refuses to sign. the Rehabilitation Officer shall indicate this refusal on the form. 4. DOCUMENTATION FOR LOAN. The following documentation shall be main- tained in the files by the Rehabilitation Officer for an application recommended for approval: a. Application (owner proposal for rental rehabilitation) form. b. Letter of loan commitment from private lending institution. C. Terms and conditions form signed by applicant to verify receipt of same. d. Ownership data. The Rehabilitation Officer shall make a prelimi- nary determination of ownership. The citation from official records used in the verification shall be retained in the file. 16& 12 CHAPTER 7. LOAN SETTLEMENT 1.- GENERAL. This chapter sets forth the staff responsibilities with respecU to a rental rehabilitation loan for: (a) preparing for loan settlement; (b) completing loan settlement; and (c) carrying out post settlement activities. 2. PREPARING FOR LOAN SETTLEMENT. The following actions shall be taken n preparation for loan se ement: a. Establish a date certain for loan settlement that allows a minimum of 15 days for processing. b. Take the following actions: (1) Prepare a promissory note and rental rehabilitation agreement (original) in accordance with the form of promissory note and agreement approved by the City Attorney's Office. (2) Prepare a proceed order to be signed by the borrower at settlement. The executed proceed order shall be retained by the Rehabilitation Officer for five working days from the date of signing in order to give the borrower time to exercise his/her rights of rescission under the Truth -in -Lending Act. (3) Instruct the borrower to obtain: (a) Original and memorandum copy of insurance policies for hazard and extended coverage that provides coverage in accordance with the local coinsurance clause percentage of the value of the property, or an insurance binder or other evidence of insurance. (b) Original or certified copy of receipt for payment of initial or current insurance premium, whichever is applicable. ' (4) Make arrangements for loan settlement on the date certain. 3. DELAY IN LOAN SETTLEMENT. Loan settlement shall be effected on the esta �s settlement ate. If for any reason loan settlement cannot be accomplished on the established date, it shall be accomplished as soon thereafter as possible. Such later settlement shall, with the written consent of the borrower, be effected as of the originally established settlement date. 4. COMPLETING LOAN SETTLEMENT. The Rehabilitation Officer shall proceed with oan settlement on tha date certain as follows: a. Review the approved rental rehabilitation loan application with the borrower. b. Secure the borrower's signature on each of three copies of the application and witness the signature. C. Secure the borrower's signature on the original promissory note. 1 007 W d. Secure the borrower's signature on the original rental rehabilita- tion agreement. e. If necessary, review with the borrower the copy of terms and conditions form which was previously given to him/her. f. Obtain opinion of City Attorney (original) concerning the legality and sufficiency of the executed promissory note and the rental rehabilitation agreement. The City Attorney shall participate in any proceedings as may be necessary to assure the legal validity of the loan application. g. Obtain from the borrower the required hazard and extended coverage insurance policies and premium payment receipts. h. Obtain from the borrower evidence of current tax and special assessment payments in the form of most recent receipts. i. Obtain borrower's signature on proceed order and hold until it is evident that the borrower does not intend to cancel the loan in accordance with the Truth -in -Lending Act. 5. POST SETTLEMENT. The Rehabilitation Officer shall record all recordable instruments and obtain evidence of recordation promptly after completing loan settlement. M. 14 CHAPTER B. LOAN CLOSEOUT 1. GENERAL. This chapter sets forth the staff responsibilities for loan close—out and transmittal of related documents for a rental rehabilita- tion loan. 2. DISPOSITION OF FUNDS STATEMENT. After all funds have been disbursed from the rehabilitation project account and the account has been closed. the Rehabilitation Officer shall prepare a Disposition of Funds Statement in which the Rehabilitation Officer shall account for the disposition of the full loan amount. 3. CLOSEOUT DOCUMENTS. After final and after closing the borrower's shall transmit copies of the borrower. a. Disposition of funds (copy). b. Contractor's final invoice. c. Certificate of Completion. payment for all rehabilitation costs account. the Rehabilitation Officer documents prescribed below to the d. Release of liens from contractors and suppliers. 10df 15 CHAPTER 9. TERMS AND CONDITIONS UNDER WHICH RENTAL REHABILITATION LOANS E MADE GENERAL. This chapter sets forth the terms and conditions to which an applicant must agree in order to obtain a rental rehabilitation loan. 2. LOAN CONDITIONS. The specific terms and conditions with respect to rehabilitation loan for a residential rental property are incorporated in the rental rehabilitation agreement and the promissory note. a. Cancellation Provision. If within 60 days from the note's execution the rehabililation work has not commenced, -the City may extend the 60 -day period by not more than 30 days, due to unfore- seen and extenuating circumstances. b. Additional Extension. The Rehabilitation Officer shall not grant any further extensions of time without prior written concurrence by the Director of Planning b Program Development. If the loan is to be canceled because of failure to begin anticipated rehabilita- tion work within the allowed period of time, the Rehabilitation Officer shall initiate cancellation. 3. TERM OF LOAN. The maximum term for a rental rehabilitation loan shall be 10 years. 4. POINTS OF AGREEMENT. The applicant shall agree, as required by the related documents, to abide by the following terms and conditions. Civil Rights. Comply with all Federal and City requirements with respect to the Civil Rights Act of 1964 and the Civil Rights Act of 1968, to not discriminate upon the basis of race, color, creed, religion, national origin, age, sex, marital status, disability and sexual orientation, presence or absence of dependents, or public assistance source of income, in the sale, lease, rental, use or occupancy of the subject property. b. Use of Proceeds. Use the loan proceeds only to pay for costs of services and materials necessary to carry out the rehabilitation work for which the loan will be approved. c. Completion of Work. Assure that the rehabilitation work shall be carried out promptly and efficiently through written contract. d. Ineligible Contractors. Not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the loan to any contractor, who, at the time, is ineligible under the provision of any applicable regulation issued by the Secretary of Housing and Urban Development to receive an award of such con- tract. e. Inspection. Permit inspection by the City or its designee of the property, the rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work. f. Records. Keep such records as may be required by the City with respect to the rehabilitation work. 1010 16 g. Interest of Certain Officials. Not permit any member of or Delegate o the Congress of the United States, and no Resident Commissioner, to share in any proceeds of the loan, or to any benefit to arise from the same. h. Bonus. Commission, or Fee. Not pay any bonus, commission, or fee for the purpose of obtaining the City's approval of the loan application, or any other approval or concurrence required by the City or its designee to complete the rehabilitation work, financed in whole or in part with the rental rehabilitation loan. i. _Interest of the City. Allow no member of the governing body of the City who exercises any functions or responsibilities in connection with the administration of the concentrated rehabilita- tion project, and no other officer or employee of the City who exercises such functions or responsibilities to have any direct interest in the proceeds of ,the rehabilitation loan, or in any contract entered into by the applicant for the performance of work financed, in whole or in part, with the proceeds of the rental re- habilitation loan. j. Preservation of the Security. Maintain the property at the requirements of the Housing Code Standards level and permit the City or its designee to inspect the property during the term of the loan. k. Hazard Insurance. Maintain hazard insurance on the property with a loss Fay -able clause to the City as applicable. 1. Transfer of the Property. Not sell, or transfer the property as provided in the promissory note without repaying the loan - unless prior written consent of the City is sought and received. m. Flood Insurance. If property is located in a designated flood azar area, the owner agrees to: (1) Purchase the requisite flood insurance coverage. (2) Renew and maintain the coverage so that the flood insurance policy does not lapse during the term of the loan. (3) Provide proof of insurance coverage to the City. 17 CHAPTER 10. FUNDING OF INDIVIDUAL LOANS AND MANAGEMENT 0 1. GENERAL. This chapter sets forth policies for funding the individual oaT n and the City's management of loan funds. 2. FUNDING RENTAL REHABILITATION LOANS. When an application for finan- cial assistance has been process and approved, the staff shall enter the total amount of assistance in the program account ledger as encumbered monies. The staff must be certain that adequate funds are budgeted and uncommitted before processing applications for loans. Program budgets will be established annually by the City Council according to federal funding availability. 3. MANAGEMENT OF SUPPLEMENTAL PRIVATE FUNDS. Since supplemental funds are utilized o complete each project, ese funds will be managed and disbursed in accordance with the rules and policies of the lending institution. 4. MANAGEMENT OF THE RENTAL REHABILITATION LOAN ACCOUNT. All funds shall be deposited in a non-interest earning bank account. Accounting records will be maintained to keep these funds separate from other City funds. In general, the use of rental rehabilitation loan funds will be governed by HUD's Cash and Management Information System. a. Separate Case Numbers for The Rehabili- tation utticer will assign case numbers to each program applicant. All credits and debits will -be logged according to assigned case numbers. b. Disbursements of Repair Funds. Disbursements of funds will be initiated by the Rehabilitation Officer. A check request will be prepared and submitted to the Department of Finance properly identifying the case number and expenditure. The Rehabilitation Officer will maintain a file of all invoices and receipts. The depository institution will prepare a check, as directed, payable to the applicant/borrower and the payee for the following pur- poses, as may be appropriate: (1) Make progress and final payment for rehabilitation work. Progress payments are limited to 80% of the value of the work satisfactorily completed.- (2) ompleted.(2) Reimburse the City for advanced loan expenses. c. Transmittal of Checks. The Rehabilitation Officer shall secure the endorsement of the borrower on checks payable to the borrower and the payee. The Rehabilitation Officer shall transmit the endorsed check to the payee. Checks which include any amounts previously withheld from progress_ payments shall be accompanied by an explanation of the computation. M CHAPTER 11. DETERMINING WORK TO BE DONE WITH ARENTAL REHBLTA NL N 1. GENERAL. This chapter sets forth the responsibilities of the Reha- iE�ion Officer for determining the repair work necessary to bring a property into conformance with the requirements of the Rental Reha- bilitation Program and for providing assistance in the repair of the property. In carrying out these responsibilities, the Rehabilitation Officer shall: a. Inspect the property. b. Make a preliminary deficiency list and cost estimate of the work to be done. c. Consult with and advise the owner on the work to be done and the availability of'a rehabilitation loan.- d. oan:d. Prepare a final deficiency list and cost estimate as the basis for a loan and for contracting for the repair work. 2. WORK WRITE-UP AND COST ESTIMATE. A deficiency list and cost estimate is a statement prepared by the Rehabilitation Officer based on the property inspection report that itemizes all the repair work to be done on the property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work. 1013 19 CHAPTER 12. CONTRACTING FOR REHABILITATION WORK 1. INTRODUCTION. This chapter sets forth requirements and procedures with respect to construction contracts for repair financed through a rental rehabilitation loan. Repair work shall be undertaken only through a written contract between the contractor and the recipient of the loan. The owner shall be responsible for obtaining their 'own bids and entering into the repair contract with little or no City involve- ment. The Rehabilitation Officer shall assist each applicant as needed, in arranging for and obtaining an acceptable construction contract. a. Form of Contract. The construction contract shall consist of a single document form provided by the City and signed by the con- tractor and accepted by the homeowner, only following approval of the repair loan. It shall contain a bid and proposal by the contractor. b. Procurement of Bids. An acceptable contractor's bid and proposal must be obtained before the Director approves the application for the loan. 2. GENERAL CONDITIONS. The Rehabilitation Officer shall prepare °general conditions for use in all construction contracts for the repair of the property. 3. SPECIFICATIONS AND DRAWINGS. A deficiency list and illustrative sketches, if any, covering the specific repair work for each property on %tich a repair loan will be made shall be prepared by the Rehabili- tation Officer. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, and to avoid misunderstandings with the bidder. The deficiency list and drawings shall be based on the inspection of the property and interviews, as indicated, with the applicant. The deficiency list shall clearly establish the nature of the work to be done and the material and equipment to be installed: 4. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL. a. Contractor Selection. The owner shall be asked for the name of a contractor he/she would like to bid on the repair of his/her prop- erty. If the owner does not know of a contractor, the staff shall provide the property owner with two or more contractor names from the list of contractors maintained at the Department of Planning and Program Development.- b. evelopment.b. Invitation to Bid. Once the contractor has been selected accord- ing to paragraph 4.a. above, the owner shall contact the selected contractor and invite him/her to bid the proposed repair. The owner shall negotiate with the contractor to obtain an acceptable bid. c. Bid Review. Upon receipt of the bid proposal from the bidding contractor, the owner shall review the bid for completeness and accuracy making special note to assure that the deficiency list has been adhered to. jav 20 d. Acce table Bid. An acceptable bid is one that upon review under .c. a ove s not in excess of 10% of the Rehabilitation Officer's estimate. The bidding contractor shall provide a cost for, each repair item. If the costs are not acceptable, the Rehabilitation Officer shall work with the owner and contractor to negotiate a cost that is reasonable and acceptable to all parties. e. Maintenance of the Contractor's List. (1) The Rehabilitation Officer shall be responsible for maintain- ing a list of all contractors including minority and female contractors who have expressed an interest in bidding on repair construction and who can provide the following: (a) Adequate active liability insurance. (b) The name of his/her company bank: (c) the names of his/her usual subcontractors. (d) The names of his/her principal suppliers. (e) The names and addresses of at least two (2) recent residential repair or construction jobs. (f) Iowa City contractor's license as applicable. (2) The Contractor List shall be maintained in a conspicuous place within the Department of Planning and Program Develop- ment office, open to public review. The Contractor List shall be grouped according to the category of specialization the contractor requests to be listed (e.g. general contrac- tors, electrical, plumbing/heating, masonry, dry wall, etc.). 5. AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having the applicant for the oan properly execute the contract with the assistance of the Rehabilitation Officer. a. Issuance of Proceed Offer: At the time the award is made, the Rehabilitation Officer shall remind the applicant and the success- ful contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed order, within the number of days stated in the general conditions of the contract from the date of the award. Upon award of the contract, the owner shall notify unsuccessful bidders that they have not been awarded the contract.- b. ontract. b. Award within 30 days of Cutoff Date. In order for the bid and proposal to be binding, the award shall be made within a period of 30 days from the cutoff date established by the owner for the receipt of the bid and proposal, unless a later date is agreed upon in writing. C. Contract Award. The award of a construction contract shall be accomplished by the owner executing the original and two copies of the contract documents. The owner shall distribute the execute contract to documents as follows: 1016 21 (1) Executed original retained by owner. (2) Executed copy to contractor. (3) Executed copy to the City of Iowa City in care of the Reha- bilitation Officer. 6. LABOR PERFORMED BY OWNER IN REPAIRING PROPERTY. a. T e of Moand Skill of Owner. A property owner may complete Me or rk a of the tasks required to repair his/her property, if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean-up, demoli- tion of small buildings on a property, removal, cartage, and disposal of the debris, and for work that involves minimal use of costly materials and equipment. Work of a skilled nature and work involving the extensive installation of costly materials and equipment are appropriate if the Rehabilitation Officer is assured the property owner has the ability and experience required to do the work properly without supervision or that he/she has suffi- cient skill to do the work properly with technical advice and guidance from the Rehabilitation Officer. b. Provision for Self -Help in Loan. Whenever self-help is necessary, indicate or desired and the Rehabilitation Officer considers that with or without technical assistance and guidance a property owner will be able to perform the work in a reasonably acceptable and expeditious manner, he/she may process an application for a loan on that basis. In such a case, the amount of the loan would provide funds to pay for the materials and equipment to be installed by self-help, as well as an additional funds needed to pay for other work to be performed by a contractor. The loan shall not include funds to pay the owner or members of his/her fam�r their labor. Further, the Rehabilitation Officer must exercise good judgement and prudence as to avoid a situation in which an owner could place himself or herself in financial difficulty through improper use, installation or even: destruction of the materials and equipment purchased with loan funds. For this reason, the owner should understand that the proceeds of a loan to pay the supplier for materials and equipment involved in a self-help will be disbursed from the loan account by the staff, only after they have been properly installed. 1016 22 CHAPTER 13. INSPECTION OF REHABILITATION WORK 1. GENERAL. This chapter sets forth the requirements for the inspection of repair work financed in whole or in part with a rental rehabilita- tion loan. 2. RESPONSIBILITY FOR MAKING INSPECTIONS.. The Rehabilitation Officer shall make inspections of construction work in cases involving a rental rehabilitation loan. To accomplish this, the Rehabilitation Officer shall make: (1) Coinpliance inspection, as necessary, to assure that the construc- tion work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work has been completed in accordance with construction contract. The Building Inspector and any specialists from the Building Inspec- tion Division of the City of Iowa City, as may be required, shall accompany the Rehabilitation Officer on the final inspection and shall provide the Rehabilitation Officer with a written report of their findings. 3. INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in accordance with the following: Inspections. Upon completion of the repair work and receipt of the contractor's invoice containing his/her certification of sat- isfactory completion of the work in accordance with the contract and his/her warranty, the Rehabilitation Officer shall arrange for inspection of the completed work. Making Pa ments. When the inspection determines that the work is satisfactorily completed in accordance with the contract, the owner shall be advised to obtain from the contractor a release of liens and a copy of each warranty due the owner for the work. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, the owner shall authorize payment. 4. CERTIFICATION OF FINAL INSPECTION. After the Rehabilitation Officer determines that the reha i tation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Form CDR -7945 (original and one copy). Distribution. Form CDR -7945 shall be distributed as follows: (1) Signed original to the property owner.- (2) wner.(2) Signed copy to the property file. 5. COORDINATION WITH CONTRACTOR. When some of the repair work is to be performed through se f -hep and the remainder is to be completed by the contractor, the Rehabilitation Officer should assure that the work is accomplished by each of them so as not to interfere with or jeopardize the other's work. In cases where a separation in the timing of the work is not feasible, the Rehabilitation Officer should urge the owner and the contractor to make their own arrangements on 1617 23 the timing, so that each may do his/her work without causing any interference in the work to be done by the other. In all instances, the owner will be better protected if work to be performed through self-help is completed before the contractor starts his/her work. Such completion will help avoid claims by the contractor for extras or damages he/she may claim are caused by the self-help efforts and will assure that when all work is finished, the property will comply with the City loan requirements. 6. OTHER PROVISIONS. a. The Contractor Shall: Indemnify and hold harmless the owner, the owners emp oyees and the City's employees and officials from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the contractor's operations under this contract, whether such operations be by himself/herself or by any subcontractor or by anyone directly or indirectly employed by either of them. The contractor shall obtain insurance for this purpose, which shall insure the inter- ests of the owner and the City as the same shall appear, and shall file with the owner and the City certificates of such insurance. b. Correction of Faultv Work after Final Payment. The approval of the Request for Payment by the Rehabilitation Officer and the making of the payment by the owner to the contractor shall not relieve the contractor of responsibility for faulty materials or workmanship. 7. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work performed by the contractor will be covered by a one-year guarantee. The Rehabilita- tion Officer shall inform the owner of the guarantee requirements upon completion of the contract. The contractor must be given written notice with reasonable prompt- ness. Should the contractor fail to answer or correct the defect(s) within a reasonable time, the City, at owner request, will assist owner in the following manner: (1) Staff members of the'Department of Planning and Program Develop- , ment will investigate the complaint. (2) If the staff finds the complaint to be invalid, owner will be so notified. (3) If the staff finds the complaint to be valid, the owner will direct the contractor to take necessary corrective action within a specified length of time. (4) If the contractor complies, the staff will reinspect the work and, if it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. (5) If the contractor fails to respond to the request within the specified length of time, the staff, upon owner request, will prepare a letter for owner's signature notifying the contractor a (018 24 second time that unless the complaint is abated by a specified time, a formal complaint will be filed with the City Attorney for appropriate action. (6) If the contractor fails to respond to the request for correction within the time specified: (a) The owner will take any necessary action to have the defects corrected, including but not limited to paying the reason- able costs of correcting work or materials determined by the homeowner to be defective. (b) The contractor may be prohibited by the City from contract- ing any other repair work under any loan program admini- stered by the City. 8. REHABILITATION OFFICER - OWNER - CONTRACTOR RELATIONS. Rehabilitation Officer's Responsibilitv and Authorit The Rehabilitation Officer shall observe the work on behalf of the City and will provide general assistance during construction insofar as proper interpretation of the loan requirements is affected. The Rehabilitation Officer and owner shall decide, when necessary, any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, interpretation of work items on the Deficiency List and all questions as to the acceptable fulfill- ment of the Contract on the part of the Contractor. The Rehabilitation Officer will not be on the construction site at all times and as such cannot be responsible for the acts or omissions of the contractor or his/her employees. For the same reason, acceptance by the owner or the City of the contractor's work performed, does not release the contractor from the responsibility to provide quality performance on all contract specifications. 1019 25 CHAPTER 14. TRUTH IN LENDINGREQUIREMENTS OR REHAB L TAT ON L ANS 1. PURPOSE. This chapter describes the Truth in Lending Act and its proc ural and disclosure requirements which must be followed in the settlement of City of Iowa City rental rehabilitation loan. 2. BACKGROUND. a. The Act. The Truth in Lending Act is Title I of the Consumer re it Trotection Act (Public Law 90-321); title 15, U.S. Code 1601 et. seq.), enacted by Congress on May 29, 1968. The act requires that borrowers in "consumer credit transactions" be vested with certain rights and protections in connection with the transaction and receive specified written information from their lenders. The disclosures must be made before credit is extended and before the borrower becomes obligated in connection with the transaction; i.e., before execution of a note or mortgage. Among the required disclosures are: (1) The amount of credit a borrower will have for his actual use (the AMOUNT FINANCED); and (2) The FINANCE CHARGE (consisting primarily of interest) expressed both as a dollar amount and as an ANNUAL PERCENT- AGE RATE. b. Three-day Rescission Provision. In addition, the act enables a orrower, within 3 days following the loan transaction, to rescind the transaction, if the loan is secured by a lien on the bor- rower's residence. 3. TRUTH IN LENDING DISCLOSURE STATEMENT: USE IN REHABILITATION LOAN SETTLEMENTS. Form CDR -7640, Truth in Lending Disclosure Statement shall be given to all borrowers of rehabilitation loans. a. �licability. A complete Disclosure Statement shall be given to a 1 bow rrowers of rehabilitation loans. b. Tice of'Furnishin Disclosure Statement to Borrower. The Disclo- sure Statement sha be given the borrower at loan settlement but prior to the time he/she executes the promissory note obligating his/her repayment of the loan. c. Receiptea copy of Disclosure When the Disclosure Statement is given to the borrower, he/she shall be requested to sign and date an identically completed Disclosure Statement in the presence of an employee or other authorized representative of the City who shall also sign as witness. The signed and witnessed copy of the Disclosure State- ment shall be retained by the City in the loan application file. 26 4. BORROWER'S RIGHT OF RESCISSION: SECURED LOANS. Under the law, certain orrowers ave the right, x t n a - ay per od, to rescind the entire loan transaction. The right of rescission applies to rehabilitation loans, secured by mortgage or deed of trust, on residential property owned and occupied by -a borrower who is a natural person. 5. NOTICE OF OPPORTUNITY TO RESCIND TRANSACTION. Borrowers entitled, by e preceoing paragraph o rest a loan transaction shall receive a properly completed Notice of Opportunity to Rescind Transac- tion. a. Furnishing Notice to Borrower at Loan Settlement The Rehabilita- tion Officer sha I give the borrower two co ies of the notice at loan settlement, and prior to execution o e note. The notice's nature and purpose shall be explained. An additional third copy of the notice shall be signed by the borrower so as to a iv deuce _his/her receipt of two copies of the notice. The receipted copy shall be retained by the City in its loan application file. b. Three -Da Rescission Period. To compute the running of the 3 -day rescission perlo or en ry on the notice, treat the date of loan settlement on which the borrower receives the notice asDay Zero and the next business day thereafter as Day 1, etc. Three business days must elapse following loan settlement date to comp e e the rescission period. A business day is any calendar day except Sunday and the following holidays on the dates established by Federal law: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. C. No Disbursements. The Rehabilitation Officer shall make no disbursement from the rehabilitation escrow account, with respect to the borrower, during the 3 -day rescission period. d. InrdomptRecordation. In every case, the Rehabilitation Officer hallrecordpromptlyafter loan settlement the promissory note all instruments necessary to perfect the loan security without waiting for expiration of the 3 -day rescission period. 6. CANCELLATION OF LOAN TRANSACTION BY BORROWER. The loan transaction shall be considered cancelled if the borrower's notice to that effect is given within the required 3 day period. Notification by mail shall be considered given at the time mailed as indicated by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the Civic Center. 7. ACCOMPLISHMENT OF RESCISSION. It is expected in most cases that the borrower's rescission will be accomplished by his mailing or delivery of the notice, bearing his signature and date under the cancellation recital. However, rescission may be accomplished by any written communication signed by the borrowers or a telegram sent by the borrower. Oral comnunications cannot accomplish rescission, but they should be followed up by the Rehabilitation Officer to obtain written rescission. roar 1. 27 CHAPTER 15. GRIEVANCE PROCEDURE REVIEW COMMITTEE a. Purpose. 'A Review Committee is hereby established to review the complaint of any person aggrieved by the Department of Planning and Program Development handling of the application and processing of said person for assistance under rehabilitation programs funded by the Rental Rehabilitation Grant Program. Procedures as set out hereinafter are hereby established for the submission to and disposition of grievances by the Committee. The Committee shall function in an advisory role and it shall make recommendations to the City Manager. The City Manager shall receive and review the recommendation of said Committee and respond within ten days of receipt. b. _Designation of Committee The Housing Commission shall act as the Review Committee. The Chair of the Housing Commission shall preside at all meetings conducted by the Housing Commission while convened as the Review Committee. In the absence of the Chair, the Vice Chair shall preside. The meetings shall be conducted in a timely, orderly, fair and dignified manner. All persons appeared before the Committee shall have an opportunity to be heard. A quorum of the Housing Commission must be present in order for the Housing Commission to be convened as the Review Committee. c. Power and Duties. The Committee shall have the following powers and duties: To review complaints of any persons aggrieved by determinations of the Planning 8 Program Development Department concerning: -The sufficiency of the application for assistance; -The eligibility of the application for assistance under the project; -The amount of the loan allocated or received by said person; -The quality and appropriateness of the work designated to be done; -The adequacy of the information and assistance concerning the project which is furnished by the Planning S Program Development Department. d. Standards. In exercising its powers and duties, the Committee shall be guided by the following standards: 1. Persons eligible for loans under provisions specified in rehabilitation programs operated by the Department of Planning and Program Development and funded by the Rental Rehabilita- tion Grant Program shall have full right to a loan sufficient to accomplish the purposes intended by the applicable program within the limitations specified therein. /0AX m 2. Eligible persons should be provided adequate assistance in the determination of improvements that are needed and eligible and technical assistance related to cost estimates, contract negotiation and payment of contractors for work completed. 3. Service should be provided by the Department of Planning and Program Development in such a way to assure that the admini- stration of the program will not result in different or separate treatment on account of age, race, color, religion, national origin, sex, or source of income. 4. Eligible persons should be provided full" information and advisory services relating to the programs and the way in which they may benefit from them. 5. Assistance to eligible persons should be provided as promptly as possible within the priority guidelines established by the ` programs and the time limitations of the staff assigned to the program. e. Staff. The Recording Secretary of the Housing Commission shall provide secretarial services for the Housing Commission while constituted as the Review Committee and shall assist in the preparation of the agenda items for meetings. 2. PROCEDURE. a. Filing. The Committee's jurisdiction- may be invoked by or on eb half of any aggrieved person by filing a grievance with the Review Committee. A grievance may be filed at the Office of the City Clerk for the City of Iowa City. Grievances shall be filed in a timely manner and must be received v t P _,+„ r ,.,� r.7g in connection with the rehabilitation work. The communication of e ac ion shall e in written torm and should contain a short, concise statement of the grievance and explanation of action desired. The aggrieved person may seek the assistance of the staff of the Department of Planning & Program Development in filing of an action. No filing or processing fees shall be required of any aggrieved person involving the Committee's jurisdiction.- b. urisdiction. b. Notice. The Committee shall fix a reasonable time for hearing actions and the Department of Planning & Program Development shall give notice in writing of the time and place of the meeting to the aggrieved person. In no event shall the hearing be held more than 30 calendar days following receipt of the grievance at the Office of the City Clerk. Recording Secretary of the Housing Commission shall be responsible for coordinating and scheduling the hearing with the Chairperson of the Housing Commission. At the hearing, the aggrieved may appear in person, by agent or by attorney. If a grievance is resolved prior to the date of the hearing, the aggrieved_ party shall request in writing that the grievance be withdrawn. The Committee shall forward its recommendation in writing to the City Manager within ten (10) calendar days follow- ing the Grievance Hearing. 10013 AFFIRMATIVE MARKETING PLAN FOR RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY, IOWA 1. Purpose This Affirmative Marketing Plan is designed to conform to the require- ments of the U.S. Department of Housing and Urban Development (HUD) published at 24 CFR 511.10(m)(2). The plan sets forth the City of Iowa City's procedures and requirements, as administered by the Department of Planning and Program Development, for affirmatively marketing vacant housing units rehabilitated or proposed to be rehabilitated through the Rental Rehabilitation Program. 2. General Policy It is the City's policy to attract eligible persons from all racial, ethnic and gender groups in the Iowa City housing market area to housing that is assisted through programs administered by the City. To this end, the City will work with participating rental property owners to ensure that units rehabilitated under this program are made available to all persons on an equal basis. 3. Outreach to the Public Owners and Potential Tenants - City Procedures a. Media. The City will utilize local media to advertise (1) the availability of rehabilitation grant assistance for rental properties and (2) the availability of vacant housing units in rehabilitated properties. Press releases will contain the Equal Housing Opportu- nity slogan and a statement of affirmative marketing policy. Display ads, posters and other published materials will contain the Equal Housing Opportunity logo and slogan. The following media will be used for display advertising: Iowa City Press -Citizen and Daily Iowan - newspapers Local government access channel - cable TV Press releases from the City are received by all area print and electronic media. b. Other Means. The City will utilize other appropriate methods to inform the public. This may include personal and written contact with: Business organizations - Iowa City Board of Realtors, Iowa City Apartment Owners and Managers Association and local lending institutions. Other organizations - Housing Clearinghouse, Iowa -Memorial Union and City of Iowa City Assisted Housing Division. The Assisted Housing Division will be of particular value in that it serves as the local PHA, receives referrals through a network of local human service agencies and maintains a current waiting list of Section 8 eligible tenants. ItO Meetings of the Iowa City Housing Commission and Committee on Community Needs, which are open to the public, will serve as another forum for announcing the availability of rental rehabilitation grant assistance and discussing the City's affirmative marketing policy for the program. Other public meetings will be scheduled to explain the Rental Rehabilitation Program to owners and tenants and discuss the affirmative marketing policy and requirements of local and federal fair housing laws. The staff of the Iowa City Human Rights Commis- sion may be called upon to assist in explaining fair housing laws and to review potential housing discrimination practices. 4. Requirements and Procedures for Owners Property owners who participate in the Rental Rehabilitation Program will be required to comply with the following affirmative marketing practices and procedures with regard to vacant housing units: a. Include the Equal Housing Opportunity logo and slogan or statement in all advertisements for vacant units in local media and printed materials. b. If a rental office is utilized or operated by the owner, whether on or off premises, display fair housing posters in a conspicuous place. a. Use the Assisted Housing Division's waiting list of Section 8 eligible tenants as a source of referrals. d. Provide written assurance to the City that vacant units will be made available to prospective tenants on a non-discriminatory basis. e. Maintain records of all efforts to affirmatively market vacant units. Enter into an agreement with the City certifying compliance with items 4a -e above for a period of seven years from the date of completion of the rehabilitation. 5. Special Outreach Efforts If, during the course of administering the Rental Rehabilitation Program, it is determined that special outreach efforts are needed to attract persons of particular racial, ethnic or gender groups to vacant units in rehabilitated projects, the City will assist owners to locate prospective tenants by making referrals from the Assisted Housing Division waiting list. The City will use targeted advertising as needed to expand the waiting list. 6. Recordkeeping Requirements All records pertaining to affirmative marketing efforts of the City and the racial, ethnic and gender characteristics of tenants before and after rehabilitation, as well as those who are displaced, will be maintained by 3 the City in accordance with HUD Regulations at 24 CFR 511.71. The City will ensure that owners also maintain records to document their affirma- tive marketing efforts. (See Section 4 above.) 7. Assessment of Affirmative Marketing Efforts The City will conduct an annual assessment of the effectiveness of its affirmative marketing efforts for inclusion in the Rental Rehabilitation Program annual performance report to HUD. At a minimum, the assessment will include: a. A summary of good faith efforts by the City and participating rental property owners to affirmatively market rehabilitative units. b. The results of the affirmative marketing efforts in terms of the race, ethnicity and gender of the heads of, households occupying rehabilitated units. If it is determined that a participating rental property owner is not making good faith efforts to affirmatively market vacant units, the City will take the following corrective actions: a. The City will issue a written notice to the owner stating his/her noncompliance with the terms of the rental rehabilitation grant agreement and corrective actions (e.g., advertising) which must be taken by the owner within a specified period of time, not to exceed 60 days. b. Continued noncompliance within the specified time period and, there- after, during the term of the rental rehabilitation grant agreement, will result in the City taking legal action to recover 100% of the rental rehabilitation grant assistance for the owner's project. All cases of apparent discriminatory practices by owners will be referred to the Iowa City Human Rights Commission for review and remedial action under the housing provisions of the Iowa City Human Rights Ordinance. 8. Public Notice and Review Copies of this Affirmative Marketing Plan will be made public and available for citizen review, upon request, in the offices of the City Clerk and the Department of Planning and Program Development. 1.02 TENANT ASSizoANCE POLICY FOR RENTAL REHABILiiAiION PROGRAM CITY OF IOWA CITY, IOWA 1. Purpose This policy is established to conform to the requirements of the U.S. Department of Housing and Urban Development (HUD) for the Rental Reha- bilitation Grant Program at 24 CFR 511.10(h)(2). It sets forth the relocation assistance and other assistance which the City of Iowa City will provide for displaced tenants who reside or will reside in proper- ties to be rehabilitated under the Rental Rehabilitation Program. Applicability This policy applies only to the displacement of those residential tenants who lawfully reside or plan to reside in a property to be rehabilitated under the City's Rental Rehabilitation Program. For the purposes of this policy, a tenant will not be considered displaced if the tenant is offered a decent, safe and sanitary dwelling unit in the property at an affordable rent, as defined by HUD, and consistent with his/her needs. General Policy on Displacement It is the City's policy to minimize, to the greatest extent possible, the displacement of persons from their homes and neighborhoods through the implementation of its housing and community development projects. Consistent with this policy, the City will review each rental rehabilita- tion proposal for its impact on displacement. In particular, the City will review each proposal to determine if it will result in a dispropor- tionate number of persons of a particular race, color, religion, sex, age, handicap or national origin being displaced. A priority will be given to proposals which do not involve tenant displacement. In any case, no proposal will be accepted if the proposed rehabilitation will cause the displacement of very low-income families, as defined by HUD, by families who are not very low-income. 4. Current Tenants This section applies to tenants who reside in a property to be rehab- ilitated at the time that the application for rental rehabilitation assistance is approved. The period of eligibility for relocation advisory and financial assistance will be from the date of application approval through the date of completion of the rehabilitation. Thereaf- ter, the City assumes no responsibility for providing tenant assistance. The City will issue a written notice to each tenant who resides in the property, within ten (10) days of the approval of an application for rental rehabilitation assistance. Such notice will explain the proposed rehabilitation project, state the tenant's right to continue in occupancy, subject to the terms of any existing lease, and describe the availability of information and counseling about housing assistance provided by the City. Section 8 housing certificates will be offered to those �el�igg_ible tenants who will continue to reside in the property during ana Mer the rehabilitation. No additional cash assistance will be offered to such tenants, nor will financial assistance be offered to other tenants who remain in the property. /0127 If permanent displacement is unavoidable in order to accomplish a particular rental rehabilitation project, the City will issue a written notice to the tenant(s) to be displaced within ten (10) days of the approval of an application for rental rehabilitation assis- tance. Such notice will explain the proposed rehabilitation project, state that the tenant must be displaced, and describe the availabil- ity of relocation advisory and financial assistance provided by the City. Unless there is an urgent need for the property to be vacated (e.g., because of substantial danger to health or safety) or the tenant is evicted for cause, the tenant will be given at least 90 days advance notice of the earliest date by which the property must be vacated. Relocation advisory assistance will include, but is not limited to, the following: (1) Information and referral about the availability of comparable replacement housing in the area that is decent, safe and sanitary and that is affordable to the tenant. (2) Information and referral to the staff of the Iowa City Human Rights Commission concerning tenants rights under the federal Fair Housing Law and Iowa City Human Rights Ordinance. (3) Information on how to search for suitable replacement housing. Relocation financial assistance will include the following: (1) Mov5i ex ense a ment. The tenant will be reimbursed for ac ua , reasona a moving and related expenses according to the following schedule: Number of rooms excluding hallways closets)Maximum payment 1 $175 2 $240 3 $295 4 $340 5 $375 6 or more $400 and either (2a) Section 8 Certificates of Famil Participation. Eligible tenants will be offere a Section certificate consistent with the requirements of that program. or (2b) Cash rental assistance. - Tenants who are not offered or eligible to receive a Section 8 certificate and who cannot afford suitable replacement housing will be eligible to receive a lump sum payment not to exceed $4,000 that is determined in the same manner as a Replacement Housing Payment for Rental Assistance (see 24 CFR 42.453, HUD Uniform Act Regulations). El Relocation financial assistance will only be disbursed by the City upon verification that the displaced tenant has secured decent, safe and sanitary replacement housing. The City will make every effort to accommodate the needs of the tenant, however, the tenant must personally apply for all financial assistance and provide the City with all reasonable documentation to establish the amount of assistance. 5. Subsequent Tenants This section applies to tenants who will reside in a property to be rehabilitated after the application for rental rehabilitation assistance has been approved. The period of eligibility for assistance will be from the date of application approval through the date of completion of the rehabilitation. Thereafter, the City assumes no responsibility for providing tenant assistance. Within ten (10) days of receiving notification from the rental property owner that a new tenant has moved into the property, the City will issue a written notice to each new tenant. Such notice will explain the reha- bilitation project, state the tenant's right to continue in occupancy, subject to the terms of any lease, and describe the availability of information and counseling about housing assistance provided by the City. Housing assistance to be provided by the City will consist of Section 8 housing certificates which will be offered to those tenants who are eligible to receive them. 6. Nondiscrimination This Tenant Assistance Policy will be administered in full compliance with Executive Order 11063, Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 to ensure nondiscrimination in the provision of information, counseling, referrals or other relocation services to persons displaced and assisted through the Rental Rehabilita- tion Program. 7. Public Notice and Review Copies of this Tenant Assistance Policy will be made public and available for citizen review, upon request, in the offices of the City Clerk and the Department of Planning and Program Development. 8. Appeals Any displaced tenant who believes that the City has failed to provide reasonable relocation assistance under the terms of this policy may file a written appeal to the City Manager at any time within 90 days of the date of their move from the property being rehabilitated. Within 30 days of the filing of an appeal, the City Manager will provide the appellant with a written explanation of how the City determined their relocation assistance and will provide the appellant with an opportunity to have -a hearing before the City Manager. RESOLUTION NO. 84-279 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND ADDENDUM TO THE AGREEMENT, AS AMENDED, WITH THE ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY FOR THE .USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOPMENTALLY DISABLED ADULTS 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 of Iowa City wishes to utilize such funds to assist the Associa- tion for Retarded Citizens of Johnson County in renovating and expanding the Nelson Adult Center serving developmentally disabled adults; and WHEREAS, the City Council did, by Resolution No. 83-368, dated November 22, 1983; authorize and enter into an agreement, as amended by Resolution No. 84-32, dated February 14, 1984, with the Association for Retarded Citizens of Johnson County to renovate and expand the Nelson Adult Center for Developmentally Disabled Adults; and WHEREAS, the City of Iowa City wishes to allocate additional 1984 Community Development Block Grant funds for Phase II of this project. 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 a second addendum to the agreement, as amended, with the Association for Retarded Citizens of Johnson County dated November 22, 1983, for Phase II of the renovation and expansion of the Nelson Adult Center for Developmentally 'Disabled Adults. Said addendum is attached to this resolution and is incorpo- rated by this reference herein. It was moved by Strait and seconded by Zuber the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson Erdahl �— McDonald �— Strait �— Zuber Passed and approved this 9th day of October , 1984. ATTEST:„����„ CITT- CLERK gmNed S Approved by JhLfto Dapamwnt 0 3 4- /A:;1 SECOND ADDENDUM TO AGREEMENT, AS AMENDED, BETWEEN THE CITY OF IOWA CITY AND THE ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOPMENTALLY DISABLED ADULTS THIS AGREEMENT, entered into this 9th day of October , 1984, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Association for Retarded Citizens of Johnson County (herein referred to as "ARCJC"), is a second addendum to the original agreement executed on November 22, 1983, as amended pursuant to Resolution No. 84-32, dated February 14, 1984. This addendum amends Phase II elements of the renovation and expansion of the Nelson Adult Center as follows: PART I I. TIME OF PERFORMANCE This section is amended as follows: Program Element PHASE I (furnace, elevator, stairs) Contract for construction Completion of construction PHASE II (kitchen, bathrooms, painting, other remodeling) Contract for construction Completion of construction Facility in operation Deadline 2/1/84 9/30/84 4/2/84 2/28/85 Continually This schedule is subject to change by mutual agreement of both parties, in writing. III. COMPENSATION AND METHOD OF PAYMENT This section is amended as follows: PHASE II The City will pay and ARCJC agrees to accept in full the amount of Seventy Eight Thousand Five Hundred Eighty Dollars ($78,580) for performance under Phase II of this agreement as follows: 1. Partial payment will be made upon presentation of a properly executed contract for architectural services. 2._ Balance of compensation due will be made upon presentation of a properly executed contract for completion of Phase II construction and remodeling of the facilities. 3. The total of the above payments will not exceed $78,580. J19 -3Z 2 IN WITNESS WHEREOF, the parties hereto have executed this agreement on this _ 9th day of October , 1984. CITY OF IOWA CITY By: ayor At est: )71 aA� . City`Elerk Received & Approved By ho Legal Depaetment 00 3� ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY, By: Attest: 0 33 RESOLUTION N0. 84-280 RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH STANLEY CONSULTANTS, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated a supplement to an agreement with Stanley Consultants, Inc. , a copy of said Supp emen being attac ed to this Resolution an by tis reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said amendment to establish fees for engineering services for the Sanitary Landfill Leachate Control Project. This amendment establishes a "not to exceed" fee of $35,000 for the design 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 supplement agement with Stanley Consultants Inc 2. That the City Clerk shall furnish copies of said supplement agreement - any citizen requesting same. It was moved by Ambrisco and seconded by Erdahl 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 9th day of October 19 84 Vr i 'OI ATTEST • Approved • �C TY � RK By Received 1 Dep n' w -ml SUPPLEMENTAL AGREEMENT This Supplemental Agreement, made and entered into this 9th day of oc-tnhPr , 1984, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Stanley Consultants, Inc., Muscatine, Iowa, hereinafter referred to as the Consultant. Whereas the City and the Consultant entered into an agreement dated . April 24, 1984, hereinafter referred to as the Original Agreement whereby the Consultant agreed to provide professional services to the City in con- nection with development of a remedial action program to control or elimi- nate leachate seepage to the receiving stream at the Iowa City Landfill, hereinafter referred to as the Project. Whereas the Consultant has completed the Investigation and Recommendation Phase of the Project; and Whereas the City desires that the Consultant proceed with the Design Phase of the Project for Alternative No'. 1 involving construction of a cut-off trench; and Whereas changes to the Original Agreement should he made and both parties are agreeable to such changes. Now, therefore, in consideration of the premises and covenants hereinafter contained, the parties hereby agree as follows: Section IV Compensation For Services, Design Phase is hereby amended to read as follows: 8593 d38 Design Phase - The Consultant shall be paid 2.0 x Direct Personnel Expense, plus Reimbursable Expenses. The total fee for the Design Phase shall not exceed $35,000.00 including Reimbursable Expenses. The total fee for the Design Phase includes an allowance of $8,300.00 for providing soil borings, laboratory analysis, and geotechnical report as outlined in Exhibit D. Additional costs for soil borings, should they be incurred, will be paid for as a Special Service. 1 I A -AS Except as herein expressly amended, the terms and conditions of the Original Agreement shall remain unchanged and shall continue in full force and effect unless there is a conflict between the terms and conditions of the Original Agreement and this Supplemental Agreement, in which event, the terms and conditions of this Supplemental Agreement shall control. CITY OF IOWA CITY, IOWA For the City: Attest: 8593 d38 STANLEY CONSULTANTS, INC. For the Consultant: Attest: 2 Received & Approved By The al D 0 a nt t D 3� Exhibit D The following is an estimated effort relating to providing soil borings and associated analysis, and preparation of a geotechnical report. Item 1. Field work to be completed in three days. Crew to include one enginer and two support personnel with truck -mounted rig and one support vehicle. Item 2. Assume approximately 2,000 ft. of cutoff trench. Drill 24 soil borings (approximately at 100 -ft. intervals). Estimated average hole depth is 25 ft. Item 3. Obtain visual classification of material from each boring. Item 4. Obtain split -barrel sampling through hollow stem augers. An average of two samples per boring is assumed. Item 5. Obtain shelby tube sampling. An average of one sample from every other boring is assumed. Item 6. Conduct coefficient of permeability tests. Assume one test from twelve borings. Item 7. Prepare soils report presenting results of field investiga- tions, laboratory analysis, and recommendations. Summary Field Work Soil Borings (24 each) Auger drilling Split -barrel sampling Shelby tube sampling Visual classification Coefficient of permeability tests Seal boring holes Prepare Soils Report 8593 d38 3 24 hours 600 LF 48 Ea. 12 Ea. 120 Ea. 12 Ea. 6 ;7 RESOLUTION NO. 84-281 .RESOLUTION AUTHORIZING EXECUTION OF OVERWIDTH PAVING AGREEMENT WITH PLUM GROVE ACRES, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Plum Grove Acres, Inc. , a copy of said a reemen being attached to MIS Resolution andy is reference made a part ereo , and, WHEREAS, the City Council deems it in the public interest to enter into said Agreement for overwidth paving of First Avenue Phase 7 of F' t and Rochester, Part 1 in Iowa City, Iowa - 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 . Plum Grove Acres, Inc. 2. That the City Clerk shall.furnish copies of said to any citizen requesting same. It was moved by Ambrisco and seconded by Zuber that the resolution as reg a adopts , 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 9th day of October 19 84 MAYOR ATTEST:QA//l ,iAn TCITY CLERK R ►ad A App.% WAR AGREEMENI WHEREAS, Plum Grove Acres, Inc. is the developer of the First and Rochester - Pert one subdivision, an Addition to the City Of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning i Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve The Third Phase of First Avenue by paving said street 31 feet vide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000), and that A . no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has ' ditermined that the cost of $15.60 per aquae yard not to exceed b o thousand one -hundred -dollars (S 2,100.00 ) is a fair and reasonable price for the cost of the additional Pavement required. IT IS -THEREFORE AGREED, by and between the parties as follows: - I. That the gaveleper shall contract for the paving of said stmt and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the* street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the am of $15.60 per aquae yard, not to exceed two -thousand one -hundred ($2.100.00) as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall. the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iars City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, ancralI of the laws of the State Of Iowa. gated ,t taws city, rave, this yama.y Of A.D. 39 84 . CITY OF IOWA CITY.- IOWA PCOM GROW AGRFS, INC. ayor fresident Attest: J By: Cit ert ecretary Raseived i Appy iy a Legal�Dlap aftmerk r 4-7 750.00 9 Mon 5-: 350.M 5.2 MAIO do 125.1' 2—.C? —NB9035'03'E 550.00' ilins 64. 53' 372 74' Nd N 41 42 11 UTILITY 0 0EASEMENT c; 0 60 o it�'E In N- T, 54 tes:;, 10 40 0 1 STORM- S TORW0 43 a &LI 2,777 UTILITY 0 EASEMENT 0 z 0 39 2 43 qq� 71 37- C Ry VV POINT of rcy- 3, BEGINNING E Z . -4, jr I. MIN COR SEC12 T, r7,9N R6W al MM Sin DY Z p 444-23-13-E 3aa. ou•w• 10,• '21 POINT of OEC4WW, .%R9'23 -l' E. 525. STORMIMATER 38 1Y. . .-•. .1. . . .44 - STORAGE -m EASEMENT It- STOUNIVATER'S EASEMENT • 0N• `Klf UTILITY . y -NS4*3V25"E - I'P.72* EASEMENT• I/ — Ar 25-W 172 37 ul 0% Zf E sy4r- ;L A 34 -4 SUM YEAR IFLOOD DOUMOAW z A) SEEINOTE AWME S 3-13-W. 1245.0 119-2 J, SEE SHEET I of 2 Council Member Strait 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 Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Dickson Erdah11McDonald, Strait NAYS! None Whereupon the Mayor declared the'following Resolution duly adopted as follows: 84-282 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 pro- posed to be made for the construction of the St. Anne's Drive Special Paving Project -1983 within the City under contract with Metro Pavers. Inc. of Iowa City, Iowa, which final plat and schedule was filed in the office of the Clerk on the 1st day of October . 1984; said assessments are hereby corrected by making the following changes and reductions: NAME OF PROPERTY OWNER AND PROPOSED DESCRIPTION FINAL OF PROPERTY ASSESSMENT PROPOSED FINAL CONDITIONAL CORRECTED DEFICIENCY, FINAL IF ANY ASSESSMEN' See attached -2- FINAL CONDITIONAL DEFICIENCY• IF ANY /oya SOMME OP ASSBSUM FOR PAVING Sr. ANNIS ORM 1. Pat Howard Granthm tot 10, Cam"Ia Subdivision, Iow City, Johnson County, 67, 110 low escludiaa a Parcel of lad descripad as follows:starting at the SN corner of said Lot 10, as the int gj1 i'4t ham po� i�' "ot"� $ala @jM e�hatitsi�'�, R of the W corner of said tot 30, thence Sly 660 to the NN corner of said Lot 10 thence Sly along the wly lot line to the point of begLZng (a 15, enoseut along N lot line) 2. Richard A. {,Carle Starting at the 671 comer of lot 10, Conway's Subdivision, S8,720 R. Davis Iowa City Johnson County, low as the ppooint of beginning, then Aly Along the present S lot line 90', chain Nly 1110 to a point on the N Lot line, that is 669 0 of the Mt corner of said Lot 10, thence Sly along said N lot line to the MP comer of said Lot 10; thence Sly along the Nly lot line to ths'point of beginning. (15' mseaent along N lot line) 3. Caioll R. Metp"no Part of tot 27 Casey's Subdivision of part of Section 3, 60,000 T 79 N Range Z, Most of the Sth P.M. described as follow: begiOng at the W corner of said Lot 27; thence S 30'481S, 1311, thenen MVIy 152.51 along the Sly line of said lot 27 to a point, said ppooint being 801 N61y fres, the NN1y comer of outlot C, RIBIvision of lot 30, 03nay's Subdivision; thence Mly 65.59 to a point, said point lying on the Nly line of Lot 27, 39' frog the MC corner of said lot 27; thence hd31y along said Hly line 901 to.the point of beginning. 4. Caroll R. Matstene A part of outlet C,,Rasubdivision of lot 30, 0bnayls 20,000 Subdivision a Part of Section 3, T 79 N, Range 6 Nest of the Sth P.N., described as follows: Cas•a:ciag at ths' N81y corner of said outlot C; tbance Nly 161' to the M ly corner of sold outlot C thence Mlly g00 to apo int, said point lying on the Nly line ok said outlot C 152.59 May frac the N%y nf said outlot C, thence Sgly 152.50 to the point Q V.i 1,746.57 3,857.77 5,430.51 1,222.89 1,444.9S 1,174.38 1,653.16 372.27 Jw , 7 SC EWIE OF ASS9SMW BOR PAVLNO Sr. ANNE'S RM 5. Bence Glasgow CONN=inj at the Northeast corner Of lot 1 of a Rasubdivision of Lot 3Q Pnnwyh SMdivision, Iowa Cityr low;Thence N2911'22"Y 5. 50 fast to the sgm��2Nastq5SoaOUy122.1fan 46.0fot radius curve, concaves Southwesterly, Mose 10S.73 foot chord bars 866 32'26"B; Thence 33.23 feet an ■ 320.00 foot radius curve cagcave Northeasterly. Mase 33.22 foot chord burs S516 52'02"11; Thence S60o48'38'11, 110.57 feet- Theme 1429ol10221% 116.50 feet on the NorthasteRy line of lot 1 Conway's Resubdivision to the Point of Beginning. Said tract containing 0.295 acres,. 6. Florence B. Glasgow CcNOarcing at the Northeast corner of lot 1 of a Resubdivision of lot 30 Conway's Subdivision, Iowa City, Iowa; Theme 829°11'22"11, 111.00 feet on the Northeasterly line of said lot.l to the Point of BegUea w�c ; The N60 48'3817 110.57 fest, Theme Southeasterly 71.24 foot on a 320.05 foot radius curve concave Northeasterly, Mase 71.09 foot chord bars S26d13 IVE; Thence Southeasterly 9.79 fat on a 90.00 foot radius curve, concave Northastagly Mose 9.79 foot chord bare §35042149!%; Thence S30 454494, 114.42 feet; Tlenca NM2411319d, 109.95 feat on the Northerly line of lots 4 and 5 of said Conway's Resubdivision; Thence N48008'50118, 69.49 feet on the Southeasterly line of said lot 1; Thence N29uII12211N, 43.99 feet on the Northeasterly line of said lot 1, to the Point of Beginning. Said tract containing 0.345 acres. 25,000 6,041.95 1,960.73 20,000 5,446.27 2,291.36 SMWBE OF ASSBSSM POR PAVING Sr. ANNE'S MRnM 7. Brice OlespN Coaoancin8 at the Northeast comer of lot 2 of a 32,000 Resubdivisiaa of Lot 30 Conway's Subdivision, Iowa City Ion; Thence &2901112218 154.nc99 fast on tinNorthes;tetly lin of said Let 1; Thee S48008'SO'M, 69.40 fee on the Southeasterly lin of mid lot 1; The= SM241043 109.9S feet on the Northerly lin of Lots 4 and 5 of sadd Canvey' Resubdivision to the Point of Begiming;theasterThence N30"45'44"8, 114.42 feet; Thence sonly 83.10_fmt on ._90.00 foot radius curve, N73" 44'13.71, 108.18 feet an the Northerly lin of lot 6 of said M any's Resubdivision, to the Point of Beginning. Said tract containing 0.240 erns. S. Florence S. Glaspw Cona;cing at the Northeast corner of lot 1 of a 20,000 Resubdivision of lot 30 Onassy's Subdivision, Iona City, Iowa; Thence 829011122118, 154.29 feet on the Northeasterly line of said lot 1; 11mme 842 O8'50" N, 69.48 feet on the Southeasterly line of said Lot 1; Thence S7324'19'B, 218.13 feet on the Northerly lin of Lots 4, Sud 6 of mid Can's Resubdivisioa to the Point of Beginning; 1Tencs N16 08'16•'8, 99.62 feet; Thence Northeasterly 14.46 feet on a 90.00 foot radius cure, concave Northwesterly, a 14.45 foot chord bear N81 39128"8• Tierce N79 03'08"8 76.44 feet, Thane S3010059'71, 145.40 feet to the Norerly lin ok lot 8 of said Coma 's Resubdivision; Vance- N49 44'4Y2.09 feet on the Northerly lin of said Lot 8, Thane N73 114'13" N, 112.11 fact on the Northerly lin of lot 7 of CoOry's Resubdivision to the Point of Beginning. Said tract containing 0.276 acres. di 8,541.31 4,945.14 1,599.34 1,837.70 3 65'OLT4T tI'iL0'T[ 00041► 'macwt N'd 47S 047 J0 369A 19 stu IN 61 L �f 0o11oos Jo Snd JO uOtITATpgrg ►sAwsoj 192 1vi emull 0 :uV41comms OW 'phot i0wd '9T Z9'iif't LL'Ylt'► 005'LI 'Nod 415 041 Jo Soon 'q o" IN 6L L If W13ws Jo usd Jo UOTsTATp4B s,hwsap '91 ]0'i 3AW4Tosf� ugor Poo PAot Vwid'MotsoM amut 'ST ►I'OB['T t9'9Lt'f 005'6[ N'd 47S oW Jo Ss 'f uotla09 Jo ltod o u0 s A I9 O�Ot "N 6L L J F T FP4RS ssAwso� IT 10'1 1 who OTtnC i591 ma o3 3MUIW3 mul"ID or '01 B9'6►I 99'T60 00040 SLS oou 3 ' 'tuTu0Tt" 30 3utod oqS o] N 04 ST 101 Piss Jo ouFT N o41 uo 3u od 403 ,Y'96 Atmm 9m0g3 'SI Sol pjn J0 QUIT AIS 3 u0 3utod a o3 siZ AIs o3uog3 ST SWI ptss J0 JQwO3 n5 Oq7 03 ,LOT At05 omo113 05t Sol PTss Jo tow03 MN oW 70 6uTsuotToJ so0 392M -9 ONVO IN 01 L �pag"sop Nod .3 UVO 3o UOTOF TM s,Amjwj 'St ioi 0TUwd d ' sg" C MIS�ON � on 310400 'Ti OZotT49 0D0'9Y Uiy;o jo 3*p ,t start IN et L It 00 3ms )o dJ0 tli2TA P9ow ►,Awso't[ Sol ssa91.996'1 or WSAON 1 'N ysogat •iI 06'O►5'T SL'[90'S OT6'0► 't U013=9 to 7tsd od 42S 64330 3s8A 10 06M 1N & L J F T TP1105 s,AWiU* tli 6T Sul , AMA Tus03ot'it Z6'6LZ'T LY'►OZ'► 000.OZ *Nod WS 0113 30 39M'9 o"'N-6L L , t uoT3ooS Jo SAW 9 J0 WISTATP(M yAwesy tll 01 701 _ M&A P19w0t *at 9Y'ZLT'T L►'[Ss'f 000'tt of tl013=9 J0 UwMod WS UnIsTA o 3son '9 *3u �N 6L L .� F I IP110S s,Awso,1 tlS it ]07 htta► Iuwum •c • 0AIM SOMW 'LS !)NIAVd WA L4369M d0 MOUM 0' a q SOFAU OF ASSRSSMW FM PAVING ST. ANN'S WXM S 17. Kira C. 4 Ulian R int 11, Currys S"Vlsion of a part of Section S, 68,230 6,429.62 1,957.30 Valanis T 70 N, Range 6, test of the 5th P.N. 0 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 258 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 twelve percent per annum, the maximum rate permitted by law, from the date of the accep- tance 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 -3- IOys 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. 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 9th day of October 1984. ATTEST: 1/' - r yo -4- ol9 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 natter 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, organizationexistence 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 9th day of October , 1984. Cit Clerk, Iowa City, Iowa SEAL .(, P49440-1'4 10 -"D -8f' mF (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City Iowa. Date of Meeting: October 9, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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: Resolutions in connection with the St. Anne's Drive Special Paving Project -1983. - Resolution adopting and levying final schedule of assessments. Such additional matters.as--av4�-6et forth on the addi- tional 16 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. City lerk. Iowa Iowa _Actob_er 9, 1984 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 John McDonald in the chair, and the following named Council Members: Abrisc, Baker, Dickson. Erdahl, McDonald, StraitZuber Absent: None -1- Ioyl October 9 1984 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 7:3.0 o'clock P.M., on the above date. There were present Mayor John McDonald_ , in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber ' Absent: ' None 11) 5,;L Council Member Strait 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 Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, DicksonLBrdahl_, McDonald. Strait_, Zuber ABSTAINING: Baker NAYS: None Whereupon the Mayor declared the following Resolution duly adopted as follows: 84-283 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 pro- posed to be made for the construction of the Tanglewood - Ventura Special Paving Assessment Project within the City, under contract with Metro Pavers, Inc. of Iowa City, Iowa, which final plat and schedule was filed in the office of the Clerk on the _ ist _ day of October , 1984 said - assessments are hereby corrected by making the following changes and reductions: NAME OF PROPERTY OWNER AND PROPOSED DESCRIPTION FINAL OF PROPERTY ASSESSMENT PROPOSED FINAL CONDITIONAL CORRECTED DEFICIENCY, FINAL IF ANY ASSESSMEN' See attached —2— FINAL CONDITIONAL DEFICIENCY, IF ANY IAS -A SCHEDULE OF ASSESSMENTS FOR PAViN - 1983 Ventura Avenue from Dubuque Street to Tanglewood Street Tanglewood Street tram ld7 Fat North to Ventura Avenue to 234 Feet South of Ventura Avenue NAME DESCRIPTION PROPERTY ESTIMATED FiNAL VALUE ASSESSMENT ASSESSMENT 1. Aage i Evelyn Jonsin Lot 2, Yocum Subdivision of part of the north half $73,000.00 $4,836.97 $4,315.39 (Paid by City) of the ME and NW quarters of the MA; in Sec. 3-79- 6W of the 5th P.M. 2. William F. 1 Mary Oral) Lot 3, Yocum Subdivision of Part of the north half Contract to Nancy Carlson of the ME and NWy of the bels in See..3-79-6W of the 6th P.M., exceppt beginning at the SE corner of said Lot 31 thence 57706'00% 25.47 feet which is along thence N21s26'4391, 47�f etthe to the easterlyreline of sold Lot 31 thence S470201E 67.33 feet to the point of beginnng. $91,620.00 $4,836.97 $4,315.39 3. Janus C. 6 Jacqueline. Mealy "8epInning at the SE corner of Lot 3, of Yam's Subdivision of part of the north half of the ME and NW fractional quarters of NW Quarter Section 3, Township 79 North, Range 6 Most of the 5th P.M. of Johnson County, Iowa thence $77064'00'W, 25.47 fat which is along the norther nyy rlppp1�t-of-wy of the existing street; thence 1421 25'43'W, 47.39 feet to the easterly line of said Lot 31 thence 3470201E 67.33 feet to the point of beginning. $3,060.00 $213.47 $ 172.62 4. James C. i Jacqueline McCoy Lot 4 in Yocum Subdivision of part of the north half of the HE and NW fractional quarters of MR Quarter Section 3, Township 79 North, Range 6 lust of the 6th P.M.; excepting therefrom the following described property, to -wit: Beginning at the SE ccQorner of sold Lot 4 of Yocum's Subdivision; thence S77"54'00'W, 80.00 feet along the northrly right-of-way of the milsting street; thence U21025143 M, 104.81 feet; thence 0160201454E, 128.87 feet to the ME corner of said Lot 4; thence S210251430E 219.64 feet to $55,020.00 $1,849.94 $1,661.62 the point of beginning. NYE 6. Group of Christians gathered to the name of the Lord Jesus Christ. Trustees - Foil Ludvicek F 6 Jacob Blumer 6. Daniel N. Berg 7. Daniel N. Berg - 8.—Oaniel N. -Barg- - 9. First National Bank, Trustee cont. to Damian R.'Pleper 0 10. Damian R. Pieper -2 - DESCRIPTION PROPERTY VALUE ESTIMATE q FINAL ASSESSMENT ASSESSMENT Beginning at the SE corner of Lot 4 of Yocum's Subdivision of part of the north half of the NE and NW fractional Quarters of NW quarter Section 3, Township 79 North, Range 6 West of Johnson County, lowal thence 577 64100"11, 60.00 fat along the northern r1ght-of-way of the existing street thence N21 25'13% 104.81 fedi thence N16020146"E, 128.87 feat to the NE corner of said Lot 4; thence S21 26143"E, 219.64 feet to the point of beginning. ' $30,000.00 $2,418.49 $2,157.70 Lot S. Yocum Subdivision of part of the north half of the HE and NWy of the NVfa in Sec. 3- 79-6W of the 6th P.M, $63,550.00 $3,256.90 $2,905.69 The Sy of Lot 6, Yocus Subdivision of part of the Ny of the NE and MR of the NW's in Set. 3-79-6W of the 6th P.M. $36,810.00 $3,224.65 $2,676.92 The SW of '.to WFs of Lot 6 Yccs Sawlvisiwa of 'the Part of Nk of the NE anj MIN of the NWy in Sec. 3-79-6W of the 5th P.M. $29,790.00 $1,418.84 $1,265,65 Thatpart of Lot 7, Yocum Subdivision of part of the NVof the NE and NWy of the MPy to Sec. 3-79- 6W in the 6th P.M. described as follows Beginning at the NE corner of Lot 7, aid subdivision, thence S130661E 13.69 feet ; thence N89 66'W 79.9 foot; thence N17 68'W 42.43 feat; thence 11240571W 19.16 feet; thence N120151W 63.69 fast; thence S890561E 84.89 feat to beginning. $37,900.00 Lot 7, Yocum Subdivision of part of the My of the ME and NWy of the NW4 in Sec. 3-79-6W of the 6th P.M. except that Part described as follows; Beginning at the NE corner of Lot 7, sold subdivision, thence S130561E 123,69 fest; thence H89066'11 7yy 9 fleet; thence N1748iW 42.43 feet; thence ROSIN 16�E eld� feet 4aMbeglnning '69 feet; thence 5690 $58,020.00 $2,740.95 $2,445.39 $4,159.60 $3,711.23 -3- NAME DESCRIPTION PROPERTY ESTIMATED FINN. VALUE ASSESSMENT ASSESSMENT 11. Edward A. 4 Carol 49 Lot 8', Yocum Subdivision of part of the N>j of ibrono the NE and NNy of the ON in S4c. 3-79-6W of the 6th P.N. $18,430.00 $3,647.1i $3,164.61 12, Quentin H. Pitman Lot 9. Yocum Subdivision of part of the Ny of the NE ' andlof Coi comer ptt the folloowingt unetn-p�atfthe Ill of aid Let 9, thence $13"561E 94.27 festt thence NB2uOI'E to a point on the easterly line of Lot 9t 271N 24.93 thence NI feet to the NE corner of Lot 91 thence westerly along the northerly line of Lot 9 to the point of beginning. $40,430.00 $3,772.04 $3,366.00 13. Elaine - K, Shepherd 1 That part of Lot 9, Yocum Subdivision of part of the Ny of the NE Nf% the NA Sec. 3 and of of -79 -BN of the 6th P.N. described as follows: Compncing at the NN corner of sold Lot 9, thence S13 661E 34.27 feet{ the N89 l'E to apoint on the Easterly line of Lot 9; thence N11127111 24.93 feet to the HE corner of Lot 9; thence westerly along ,the northerly line of Lot.9 to the point of beginning $23,937.92 $1,692.43 $1,612.So 14. Elaine K.'SM*r4 Lot 10, Yocum Subdivision of part of the Ny of the NE and NI quarters of the NA of Section 3-79-6N of the 6th P.N. except beginning at the.Northwast rn coer of Lot 10 of said Yocum Subdivisions thence S69065100"E 202.52 feat to the Northeast corner of said Lot 10 thence SI 27'00•N 47.50 fest on the East line o1 said Lot 10i thence N8906600DOW 121.90 fea6 tt thence S40o19'0091 39.60 feett thence N89 6'00'11 32.00 feet to the Nest line of said Lot 101 thence N13 66'0091 80.00 fest to the point of beginning. Said tract containing 0.254 acres. $14,402.00 $1,138,74 $ 991,85 -4- NAME 09SCRIPTION P TV ESTIMATED FINAL ALUE ASSESSMENT ASSESSMENT 16. John N. Shepherd 16. D"Ifn N. Pieper 17. Larry Oskar 4 Vtrsini4 Ary: Ilussall Q LINv A part of Lot 10 of Tocm Subdivision in the North half of the Northeast and Northwest tractional gqwwrtws of the Northwest quarter of Sec. 3, Teruhlp 79, North, Range 6 West of the 5th #.M., described a} follows: beginningat the Northwest career�of'Lot 10 of said Yocu• Subdivision; thence S69 66 00 E 202.52 feet to the Northeast corner of said Lot 10; thence S1027'00'E 47.50 feet on the East line of sail Lot 10; thence N89066100OW 126.90 feet; thence S40 l9'00'W 39.50 feet; thence H820561000M 32.80 feet to the Most line of said Lot 10; thence 1113 66'0ON 60.00 feet to the point of beginning. Sold tract containing 0.264 Lot ll, Tach Subdivision of part of the Ns of the NE and INN of the Mly of Sec. 3-79-611 of the 6th P.M. The south 65 feet of Lot 12, Tocue Subdivision of part of the % of the HE and Nk% of the NWy of Sec. 3-79-6W of the 6th P.M. $44,320.00 $1,934.79 $1,726.16. $43,870.00 $3,543.60 $3,250.92 $51.300.00 $1,773.56 $1,582.31 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 258 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 twelve percent per annum, the maximum rate permitted by law, from the date of the accep- tance 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 -3- 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. 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 9th day of October 1984. ATTEST: -4- /O51 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 9th day of _ October _ , 1984. City Clerk, Iowa City, Iowa SEAL 1040 CITY'S COPY 9:1!;, ou (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body The City Council of Iowa City, Iowa. Date of Meeting: October 9, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers. Civic Center, 410 E. Washington Street. 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: Resolutions in connection with the Tanglewood -Ventura Special Paving Assessment Project. - Resolution adopting and levying final schedule of assessments. 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 28A, Code of Iowa, and the local rules of said governmental body. City Jerk,,'IoVa City Iowa / Mal /7 RESOLUTION NO. 84-284 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE MERCER PARK BALL DIAMONDS FENCE PROJECT WHEREAS, Sampson Eastern Iowa Fence of Davenport, Iowa has submitted the best bid of 23,1 8.50 for the construction of the above-named project. 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 Sampson Eastern Iowa Fence of Davenport, 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 that the resolution as read be ado_p_t_e_d_,_­­a—nEFupon roll call there were: AYES: NAYS: ABSENT: X Ambrisco R Baker X Dickson X Erdahl X McDonald R Strait X •Zuber Passed and approved this 9th day of October , 19 84 ATTEST:, .y(J „ CITY CLERK Received & Ap#lsv� By 1 e begat Depild ynm iAt ,2 ?LI RESOLUTION NO. X85 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE FIRE DEPARTMENT BY ADDING ONE FIRE LIEUTENANT 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, Resolution No. 84-253 adopted on September 11, 1984, abolished one vacant Fire Lieutenant position in the Fire Department, and WHEREAS, concerns raised by Fire Department employees about the adequacy of current promotional policies are being addressed by Fire Department employees and the City administration, and WHEREAS,- it is in the public interest and the interest of the City and the Fire Department to reestablish one Fire Lieutenant position and to promote a certified candidate into that position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Fire Department be amended by the addition of one Fire Lieutenant position. It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO t BAKER DICKSON t ERDAHL _x MCDONALD STRAIT ZUBER Passed and approved this 9th day of October �], 1984. u �ip YOR ATTEST: ,l ai Rpt F� C11r CLERK Recehied & Approved BY Legal De erfinerd i 0 s� 1663 a;4- 1 r RESOLUTION N0. 84-286 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 half-time Housing Specialist. 2. The addition of one full-time Housing Specialist. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES Passed and approved this 9th ATTEST: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Of October 1984. Received & Approve? By ha Legal De twnt +- A M m�U if i RESOLUTION NO. 84-287 RESOLUTION ACCEPTING THE WORK FOR THE PAVING, SANITARY SLIVER AND STORM SEWER IMPROVEMENTS IN PEPPERWOOD ADDITION, PARTS 4, S, 6 AND 7, 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 paving improvements in Pepperwood Addition, Parts 4, 5, 6 and 7 in Iowa City, Iowa, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. The sanitary sewer and storm sewer improvements in Pepperwood Addition, Parts 4, 5, 6 and 7 in Iowa City, Iowa, as constructed by Weber Brothers Construction Company of Mechanicsville, 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 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 23rd day of October 19 84 . 57.e.Q— MA OR Received & Approved ATTEST: By TW Legal Department CITY CLERK' 0//*b V �dlas RESOLUTION NO. 84-288 RESOLUTION ACCEPTING THE WORK FOR THE FY85 ASPHALT RESURFACING PROGRAM WHEREAS, the Engineering Division has recommended that the improvements covering the _ FY85 Asphalt Resurfacing Program as included in a contract between the City of Iowa City and L. L. Pelling ComJune pany, Inc, of Iowa City, Iowa dated 27, 1 , 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 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 .K_ McDonald x Strait x Zuber Passed and approved this 23rd day of October , 19 84 . ATTEST: �{�( 'L RHK � MAYOR O2 Reoelved & Approved Np Th Legal Deparirnerri 10 Aw/` A L RESOLUTION NO. 84-289 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR BDI, LOT 2. WHEREAS, the owner, Bob Wolf, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Non-residential Development Plan for for BDI, Lot 2; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed Large Scale Non -Residential Development Plan and have recommended approval of same with the under- standing that the owner will seek a National Pollutant Elimination Discharge System permit; 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 preliminary and final plan 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 preliminary and final Large Scale Non-residential Development Plan for BDI, Lot 2, is hereby approved with the understanding that the owner shall seek a National Pollutant Elimination Discharge Systems permit for the on-site disposal of effluent. 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 and of the preliminary and final plan after passage and approval by law, and the owner shall record any documents as required by the City at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Zuber 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 2srd d y ob.,62- October 1984. Y R ATTEST: Received d App»ved I CLERK By She Legal Dei ed ent / 0 /j, RESOLUTION NO. 84-290 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF AMHURST SUB- DIVISION, PART I, A SUBDIVISION OF IOWA CITY, IOWA. WHEREAS, the owners, Pat Moore Construction Co., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Amhurst Subdivision, Part I, as legally described below: Commencing at the Northwest Corner of Lot 105; thence S 00002'19" W, 11.22 feet along the Westerly line of said Lot 105, to the Point of Beginning; thence S 89057'41" E, 175.00 feet along a line parallel with and 11.22 feet normally distant Southerly of the Northerly line of said Lot 105, to the Easterly line of said Lot 105; thence S 00002'19" W, 78.78 feet along said Easterly line; thence Southwesterly 31.42 feet on a 20.00 foot radius curve, concave Northwesterly, whose 28.28 foot chord bears S 45002'19" W; thence N 89057'41" W, 140.00 feet along the Southerly line of said Lot 105; thence Northwesterly 23.56 feet, on a 15.00 foot radius curve, concave Northeasterly, whose 21.21 foot chord bears N 44057'41" W; thence N 00002'19" E along the Westerly line of said Lot 105, 83.78 feet to the Point of Beginning. Said tract of land contains 17,150 square feet more or less and is subject to easements and restrictions of record; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plat 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 recom- mended that the plats be accepted and approved with a waiver of the prelimi- nary platting requirements; and, WHEREAS, the preliminary and final plats are found to conform with all of the requirements of 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 Amhurst Subdivision, Part I, are hereby approved with a waiver of the preliminary platting requirements. 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 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 permit is authorized. Resolution No. 8, JO Page 2 It was moved by Ambrisco and seconded by Baker 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 23rd day of October 1984.. ATTEST CLIT GLERK Reealved & Approved By the !0911 Deperhnent. G 1� !}4- /D6 9 RESOLUTION NO. 84-291 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METCALF AND EDDY FOR THE IOWA CITY WASTEWATER PLAN -ALTERNATIVE STUDY WHEREAS, the City of Iowa City, Iowa, has negotiated a agreement with Metcalf and Eddy a copy of said _agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the Citi Council deems it in the public interest to enter into said agreement approving the study and establishing a not to exceed fee of $178,500.00 for re-evaluating the City's existing facility plan and investigating additional alternatives to resolve the problems associated with the collection and treatment of wastewater, 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 Metcalf and Eddy 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. 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 x Dickson x Erdahl x McDonald — x Strait x Zuber Passed and approved this 23rd ATTEST: Yh ,o ,,p -�. CITY CLERK day of October 1984 MAYOR Received & Approvez 6y The Legal Dep rnarnt R is iJ'/0' RESOLUTION NO. 84-292 RESOLUTION APPROVING THE SHARED HOUSING PROGRAM MANUAL AND AUTHORIZ- ING THE CITY MANAGER OR HIS APPOINTED DESIGNEE TO SOLICIT PROPOSALS FROM ELIGIBLE -ORGANIZATIONS PURSUANT TO FEDERAL REGULATIONS (24 CFR PART 570.201) TO ADMINISTER THE SHARED HOUSING PROGRAM FOR THE ELDERLY AND HANDICAPPED RESIDENTS OF JOHNSON COUNTY. 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," pity of Iowa City has budgeted $15,000 in 1984 Community Development Block Grant monies.for development and implementation of a Shared Housing Program for the elderly in Iowa City, and WHEREAS, the City has developed a manual for said Shared Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: 1. That the Shared Housing Program Manual, attached hereto, is approved. 2. That the City Manager or his appointed designee is hereby authorized and directed to solicit proposals from eligible organizations pursuant to federal regulations (24 CFR Part 570.201) to administer the Shared Housing Program in conformance with the program manual. It was moved by Erdahl and seconded by Baker 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 23rd day of octoher . 1984• ATTEST: ga. CIT'r CLERK 2Y the legal Ga a+irivni o - 9t TABLE OF CONTENTS Chapter 1 STATEMENT OF PURPOSE AND GENERAL PROGRAM REQUIREMENTS A. Purpose B. Definitions C. Population Served D. Program Financing and Eligible Program Costs E. Eligibility F. Contracting Requirements G. Forms of Shared Housing Eligible for Program Assistance Chapter 2 SHARE MY HOME (INTERGENERATIONAL HOMESHARING) A. General B. Eligibility Requirements C. Matching Procedures D. Contracting E. Follow-up Services Chapter 3 PEER SHARING (ELDERLY WITH ELDERLY) A. General B. Eligibility Requirements C. Matching Procedures D. Contracting E. Follow-up Services Chapter 4 SHARED LIVING (HANDICAPPED WITH ELDERLY) A. General B. Eligibility Requirements C. Matching Procedures 0. Contracting E. Follow-up Services Chapter 5 STAFFING AND RECORD KEEPING A. General B. Staffing Requirements C. Fees D. Recordkeeping E. Filing Applications APPENDIX 1. File Cards 2. Application 3. Letter to Physician 4. Health Evaluation 5. Follow-up Cards 6. Pre -match Sheet 7. Waiver 8. Homesharing Lease Agreement 9. Referral Sheet 10. Monthly Statistics 11. Sample Proposal 12. Suggested Job Description /to 7o2-- STANDARD OPERATING PROCEDURES SHARED HOUSING PROGRAM CHAPTER I. STATEMENT OF PURPOSE GENERALAND M REQUIREMENTS A. PURPOSE The purpose of the Shared Housing Program is to provide elderly/handi- capped persons with the necessary support services, networks and environ- ments that will allow them to remain independent and avoid premature institutionalization. An additional goal is to provide housing alterna- tives and less expensive housing for elderly/handicapped persons. B. DEFINITIONS ACTIVITIES OF DAILY LIVING - Functional activities critical to living independently such as eating, bathing, dressing, grooming and toileting. ASSESSMENT - A survey instrument which analyzes the five areas of human un -M oning including social activities, economic, mental health, physical health and the activities of daily living. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - A Federal grant program authorized under Title I of the Housing -and Community Development Act of 1974 as amended. The Iowa City Council establishes program and budget al- locations within federal guidelines. ELDERLY - A person who is at least 62 years of age. FAIR MARKET RENT - The rent including utilities, range, refrigerator, all maintenance, management and other services which HUD determines would be required to be paid to obtain privately owned rental units. These are established by HUD and adjusted annually as circumstances warrant. GROUP HOME - Three or more unrelated people sharing a house. HANDICAPPED - A physical or mental impairment which is expected to be of long, continued, and indefinite duration and substantially impedes the ability to live independently. HOMEOWNER - A person who is providing the space. There must be one e� rd oom provided for each occupant. INDEPENDENT - Person who able to perform the necessary activities of daily living. INTERGENERATIONAL HOMESHARING - An elderly or handicapped home owner sharing his or her home with an unrelated younger person or vice versa. MATCHING LIST - A list maintained by the Shared Housing Coordinator contain nnames, preferences and demographic data about individuals seeking home share arrangements. The list contains both potential tenant homesharers and owner homesharers. /d 73 FA PEER SHARING - An elderly home owner and an elderly tenant sharing housing • costs. SHARED HOUSING COORDINATOR - A person responsible for the day-to-day administration of the Shared Housing Program. SHARED HOUSING - Two or more unrelated people who pool their personal and financial resources and share a home. SERVICE EXCHANGE - An agreement to trade a service like cooking, yard work or house cleaning for a mutually determined compensation such as reduced rent and board, free rent and board or a reduced rent and wages. TENANT - Unrelated occupant in a home that is not the home owner who has agreed to provide services for exchange or rent. C. POPULATION SERVED 1. Younger individuals in need of low -to -moderate -cost, low-density rental housing. Remuneration may be all or in part in chore assistance or assistance in performing the Activities of Daily Living. 2. Elderly and/or handicapped individuals in need of low -to -moderate -cost, low-density rental housing that will allow for a sharing of chores, household duties and financial obligations. A resulting benefit would be companionship, mutual support and an opportunity to maintain independent living so as to avoid or postpone institutionalization. D. PROGRAM FINANCING AND ELIGIBLE PROGRAM COSTS The Shared Housing Program may operate only if there exists a City Council resolution approving an agreement with a service agency and a sufficient appropriation of funds to finance said program. The approval and appro- priation of funds is done on an annual basis. The actual costs for staff salaries, wages and general overhead are eligible project costs to the same extent as costs incurred for other eligible Community Development Block Grant project activities. Contracts and agreements with organizations, firms and individuals for technical and professional services, are eligible project costs, provided that they meet the City requirements for third -party contracts as to form and method of solicitation, and are concurred in by the City Attorney's office and the City Manager. E. ELIGIBILITY In order to be considered eligible for the Shared Housing program, the applicant must meet the following criteria: 1. The applicant must be a resident of Johnson County, or desiring to live in Johnson County. /D7fL 3 2. The prospective tenant must be capable of legally entering into a contract for housing and capable of performing the Activities of Daily Living with little or no assistance. 3. The prospective tenant must show a willingness to secure an optional living unit in the event the Shared Housing arrangement is not success- ful. In order for a dwelling unit to be considered eligible for Shared Housing, there must be provided within the dwelling unit one bedroom for each Shared Housing tenant and not less than one bedroom for the owner/operator of the Shared Housing unit. The Shared Housing unit must be in compliance with all applicable codes and ordinances. F. CONTRACTING REQUIREMENTS 1. The contract rent including utilities shall not exceed the current Fair Market Rent for: 1/2 of a two-bedroom unit for a dwelling unit occupied by one Shared Housing tenant. 1/3 of a three-bedroom unit for a dwelling unit occupied by two Shared Housing tenants. 1/4 of a four-bedroom unit for a dwelling unit occupied by three Shared Housing tenants. 2. The term of the Shared Housing contract shall be a minimum of six (6) and a maximum of twelve (12) months. It may be renewed. Both the tenant and the home owner shall execute the contract and shall acknowl- edge their understanding of the contract. The City of Iowa City and the contracting agency are not parties to the contract. The Shared Housing Coordinator will provide model leases and model living agreements upon request. Said model leases and living agree- ments shall be suitable for completion and execution by the tenant and home owner, or may be used as a guide in developing a lease or living agreement. G. FORMS OF SHARED HOUSING ELIGIBLE FOR PROGRAM ASSISTANCE 1. "Share -My -Home" - This concept of.homesharing is designed to match -up the hale -and -hardy elderly/handicapped home owner who wishes to take in a roomer. In order to receive homesharing assistance, the owner shall agree to the contracting requirements contained herein. Although the completed multi -dimensional functional assessment and medical statement required in other types of shared housing will not be required of Share -My -Home participants, a brief questionnaire shall be completed as part of the application process. /,07-57 Assistance will be provided to the home owner in executing the initial homesharing contract. Contract renewals between the home 'owner and tenant will be reviewed by the Shared Home Coordinator, upon request of the homesharing parties. 2. "Peer Sharing" - This program is intended to match -up the elderly home owner who would li.ke to share his/her home with another elderly person or persons. In order to receive homesharing assistance, the home owner and prospec- tive tenant(s) shall agree to the contracting requirements contained herein and shall further agree to participate in an assessment of their ability to live independently. The assessment shall be conducted by the Shared Housing Coordinator utilizing the multi -dimensional func- tional assessment instrument designed for the program. The owner and the prospective tenant shall obtain a written statement from a physi- cian stating that the potential shared housing participants are in good health and capable of independent living. Shared Living - This program is designed for a group (3-5) of eld- erly/handicapped individuals who wish to live together and share household responsibilities. Each individual has his/her own private space and share common areas such as the kitchen, living and dining rooms. In order to receive program assistance, the prospective homesharers shall agree to contracting requirements contained herein and shall further agree to participate in an assessment of their ability to live independently. This assessment shall be conducted by the Shared Housing Coordinator utilizing the multi -dimensional functional assess- ment instrument designed for the program. The prospective homesharers shall obtain a written statement from their physicians stating that they are in good health and capable of independent living. /a 76 CHAPTER II. SHARE -MY -HOME (INTERGENERATIONAL HOUSING) A. GENERAL Share -My -Home is designed to match homeowners who wish to take in a tenant. Arrangements may include a service exchange for reduced or free rent. B. ELIGIBILITY REQUIREMENTS In order to receive program assistance, the home owner or tenant shall agree to the program requirements contained herein. Homesharers must demonstrate their ability to live independently or have a family member or service agency contracted to take care of their personal needs. Potential homesharers must complete a brief application containing demographic information and a statement of needs. C. MATCHING PROCEDURES Application and preplacement counseling will be conducted by the Shared Housing Coordinator or designated staff. 1. Initial Contact. Homeowners may request information regarding the program either by phone or walk-in. An application interview is scheduled or, in the case of the walk-in, the Shared Housing Coordina- tor may conduct the application interview at the time of the walk-in. An appointment is scheduled to inspect the dwelling unit of homeowners requesting assistance. The personal interview may be conducted at the homeowner's residence at the time of the inspection visit. An intake card is completed (Appendix 1) when initial contact is made. Applica- tions may be mailed to the client; however, processing cannot be completed without a personal interview. 2. Personal Interview. The main purpose of an interview is to assess the applicant's needs and expectations and to screen appropriate clients. A secondary purpose of the interview is to explain the program procedures and client criteria to the applicants. The Shared Housing Coordinator assists clients in filling out the application (Appendix 2). During this time, home -sharing needs, concerns, and preferences are discussed. Verification and reference forms are explained and given to the client (Appendices 3, 4). Applicants are placed on the active search file. To assist in scheduling and for the convenience of the applicant, the applicant shall be informed that the personal interview will last about one hour. Search. The Shared Housing Coordinator conducts a matching search based on information provided in the application. Many factors such as spacial requirements, vocational preferences, services, needs, physical and personal traits, interests, etc., are combined and compared. File -coded cards (Appendix 1) are used to distinguish between homeowner and tenant. A computerized program may be utilized to match basic home -sharing preferences. Once the data is collected and stored, the counselors can assist the prospective homesharers in more thoroughly evaluating other factors such as attitudes, values and interests. 0 4. Match -up Referral and Interview. The Shared Housing Coordinator shall contact the homeowner either by phone or in writing when a match is identified (Appendix 5). Sometimes there may be more than one live-in match. In cases, where more than one shared housing tenant will occupy an owner's residence, tenant profiles will be matched to tenant profile. When mutually agreed upon, a meeting between a homeowner and home share tenant candidate is arranged at the office. The counselor is available to help the perspective matches convey their needs and in negotiating an exchange. This interview should last between 30 and 60 minutes. The Share -My -Home lease and the services contract and any self-help material is explained at that time. The search continues if either or both parties choose not to pursue the agreement. Once agreement is achieved, a trial period lasting between one week and one month is arranged. As part of the agreement proce- dures the clients sign a waiver releasing the contracting agency from responsibility or liability for any claims, damages, or consequences which may result from the match. (Appendix 7) D. CONTRACTING After the trial period, the homeowners and tenants may request to enter into a Share -My -Home agreement (Appendix 8). Should either or both participants express a desire to terminate the housing arrangement, they are placed in the active search file or may wish to be removed from the list. An appointment is scheduled with the Shared Housing Coordinator to finalize the agreement and to sign the lease. The counselor assists the parties in clarifying their goals and expectations for the arrangement. However, all decisions are the product and the responsibility of the Share -My -Home participants. Contract renewals between the home owner and tenant will be reviewed by the Shared Housing Coordinator upon request of the homesharers. /0;7% CHAPTER III. PEER -SHARING (ELDERLY WITH ELDERLY) A. GENERAL Peer -Sharing is designed for those elderly/handicapped homeowners who are functionally impaired, but otherwise in good health, and an elderly/handicapped tenant willing to provide minimal supportive services in exchange for reduced rent and/or compensation or vice -versa. B. ELIGIBILITY REQUIREMENTS In order to be eligible for program assistance, applicants must demonstrate ability to manage the activities of daily living with minimal assistance. In order to assess the applicant's capability to perform the activities of daily living and to ascertain the level of support services needed, and to assess the applicants' present state of wellness, the homesharer shall be required to participate in the multi -dimensional functional assessment. In addition, the homesharer candidate must complete a brief application containing demographic information and a statement of needs. The applicant must also provide the Shared Housing Coordinator with a medical evaluation signed by his/her physician. The physician's statement should indicate that the homesharing applicant has no serious physical or mental impairment that would require more complete nursing care. An exception to this requirement may be considered if one of the homesharing applicants pos- sesses medical or nursing licenses and indicates a willingness to contract out nursing services as part of the shared housing agreement. MATCHING PROCEDURES Application, assessment and preplacement counseling will be conducted by the Shared Home Coordinator or designated staff. Initial Contact. Homeowners and homeshare candidates may request information regarding the program either by phone or walk-in. An application interview is scheduled or, in the case of the walk-in, the Shared Housing Coordinator may conduct the application interview at the time of the walk-in. An appointment is scheduled to inspect the dwelling unit of the homeowner requesting assistance. The personal interview and assessment may be conducted in the homeowner's residence at the time of the inspection visit. An intake card is completed (Appendix 1) when initial contact is made. Applications may be mailed to the client; however, processing cannot be completed without a personal interview. Personal Interview. The main purpose of an interview is to assess the applicants needs and expectations and to screen appropriate clients. A secondary purpose of the interview is to explain the program procedures and client criteria to the applicants. The Shared Housing Coordinator assists clients in filling out the application (Appendix 2). Home -sharing needs, concerns, and preferences are discussed. At this time the homesharer shall be required to participate in the multidi- mensional functional assessment interview. Verification and reference forms are explained and given to the client (Appendices 3, 4). Appli- cants are placed on the active search file. To assist in scheduling !D 7,F 0 and for the convenience of the applicant, the applicant shall be informed that personal and multi -dimensional functional assessment interviews will last about one hour. 3. Search. The Shared Housing Coordinator conducts a matching search based on information provided in the application. Many factors such as spacial requirements, vocational preferences, services, needs, physical and personal traits, interests, etc., are combined and compared. File -coded cards (Appendix 1) are used to distinguish between homeowner and tenant. A computerized program may be utilized to match basic home -sharing preferences. Once the data is collected and stored, the counselors are in a better position to assist the prospective home - sharers in evaluating other factors such as attitudes, values and interests using information obtained from the multi -dimensional functional screening and physician's evaluation. A committee composed of local elderly services personnel will meet on a regular basis to evaluate and determine potential matches. 4. Match -up Referral and Interview. The Shared Housing Coordinator shall contact the homeowner either by phone or in writing when a match is identified (Appendix 5). Sometimes there may be more than one live-in match. In cases, where more than one shared housing tenant will occupy an owner's residence, tenant profiles will be matched to tenant profile. When mutually agreed upon, a meeting between a homeowner and homeshare tenant candidate is arranged at the office. The counselor is available to help the perspective matches convey their needs and in negotiating an exchange. This interview should last between 30 and 60 minutes. The peer -sharing lease and the services contract and any self-help material is explained at that time. The search continues if either or both parties choose not to pursue the agreement. Once agreement is achieved, a trial period lasting between one week and one month is arranged. As part of the agreement proce- dures the clients sign a waiver releasing the contracting agency from responsibility or liability for any claims, damages, or consequences which may result from the match. (Appendix 7) 0. CONTRACTING After the trial period, the homeowners and tenants may request to enter into a peer homesharing agreement (Appendix 8). Should either or both participants express a desire to terminate the housing arrangement, they are placed in the active search file or may wish to be removed from the homeshare list. An appointment is scheduled with the Shared Housing Coordinator to finalize the agreement and to sign the lease. The counselor assists the parties in clarifying their goals and expectations for the arrangement. However, all decisions are the product and the responsibility of the peer-homesharers. Peer-homeshare contracts shall be made for a minimum of six months and a maximum of 12 months and may be renewed. Renewals are contingent upon the homesharer's continued ability to perform the activities of daily living. /D 7% These shall be assessed annually by the homesharing staff at least 60 days before renewal date. Termination procedures and notices shall be stated in the contract. E. FOLLOW-UP SERVICES The program provides follow-up services within the first three months of the match to determine if the homesharers are satisfied with the living arrangement and the terms of the contract. The counselors assist in resolving any difficulties and clarifying needs of the homesharers. In addition, they may need to help in termination of the agreement if the homesharers wish to disband. In cases of terminated living agreements, the homesharers are asked if they wish to remain on the homeshare matching list. /a ffd 10 CHAPTER IV. SHARED LIVING (HANDICAPPED WITH ELDERLY) A. GENERAL Shared Living is designed for a group of elderly/handicapped individuals (3-5) who wish to live together in a single family dwelling unit. Each individual has his/her own private space and shared other common areas such as the kitchen, living and dining rooms. Homesharers entering into the agreement would vary according to their degree of independence and would be matched according to compatible needs and complementary skills. B. ELIGIBILITY REQUIREMENTS In order to be eligible for program assistance, applicants must demonstrate ability to manage the activities of daily living with minimal assistance. In order to assess the applicant's capability to perform the activities of daily living and to ascertain the level of support services needed, and to assess the applicants' present state of wellness, the homesharing appli- cants shall be required to participate in the multi -dimensional functional assessment. In addition, the candidates must complete a brief application containing demographic information and a statement of needs. The applicant must also provide the Shared Housing Coordinator with a medical evaluation signed by his/her physician. The physician's statement should indicate that the homesharing applicant has no serious physical or mental impairment that would require more complete nursing care. An exception to this requirement may be considered if one of the homesharing applicants pos- sesses medical or nursing licenses and indicates a willingness to contract out nursing services as part of the shared home agreement. C. MATCHING PROCEDURES Application, assessment and preplacement counseling will be conducted by the Shared Home Coordinator or designated staff. 1. Initial Contact. Homeowners and homeshare candidates may request information regarding the program either by phone or walk-in. An application interview is scheduled or, in the case of the walk-in, the Shared Housing Coordinator may conduct the application interview at the time of the walk-in. An appointment is scheduled to inspect the dwelling unit of the homeowner requesting assistance. The personal interview and assessment may be conducted in the homeowner's residence at the time of the inspection visit. An intake card is completed (Appendix 1) when initial contact is made. Applications may be mailed to the client; however, processing cannot be completed without a personal interview. 2. Personal Interview. The main purpose of an interview is to assess the applicant's needs and expectations and to screen appropriate clients. A secondary purpose of the interview is to explain the program procedures and client criteria to the applicants. The Shared Housing Coordinator assists clients in filling out the application (Appendix 2) and hcmesharing needs, concerns, and preferences are discussed. At time the homesharer shall be required to participate in the multi -dimen- sional functional assessment interview. Verification and reference /401F/ 11 forms are explained and given to the client (Appendices 3, 4). Appli- cants are placed on the active search file. To assist in scheduling and for the convenience of the applicant, the applicant shall be informed that that personal and multi -dimensional functional assessment interviews will last about one hour. 3. Search. The Shared Housing Coordinator conducts a matching search based on information provided in the application. Many factors such as spacial requirements, vocational preferences, services, needs, physical and personal traits, interests, etc., are combined and compared. File -coded cards (Appendix 1) are used to distinguish between homeowner and tenant. A computerized program may be utilized to match basic home -sharing preferences. Once the data is collected and stored, the counselors are in a better position to assist the prospective home - sharers in evaluating other factors such as attitudes, values and interests using information obtained from the multi -dimensional functional screening and physician's evaluation. A committee composed of local elderly services personnel will meet on a regular basis to evaluate and determine potential matches. 4. Match -u Referral and Interview. The Shared Housing Coordinator shall can ac aomeowner ei er y phone or in writing when a match is identified (Appendix 5). Sometimes there may be more than one live-in match. In cases, where more than one shared housing tenant will occupy an owner's residence, tenant profiles will be matched to tenant profile. When mutually agreed upon, a meeting between a homeowner and homeshare tenant candidate is arranged at the office. The counselor is available to help the prospective matches convey their needs and in negotiating an exchange. This interview should last between 30 and 60 minutes. The shared -living lease and the services contract and any self-help material is explained at that time. The search continues if either or both parties choose not to pursue the agreement. Once agreement is achieved, a trial period lasting between one week and one month is arranged. As part of the agreement proce- dures the clients sign a waiver releasing the contracting agency from responsibility or liability for any claims, damages, or consequences which may result from the match. (Appendix 7) 0. CONTRACTING After the trial period, the homeowners and tenants may request to enter into a peer homesharing agreement (Appendix 8). Should either or both participants express a desire to terminate the housing arrangement, they are placed in the active search file or may wish to be removed from the homeshare list. An appointment is scheduled with the Shared Housing Coordinator to finalize the agreement and to sign the lease. The counselor assists the parties in clarifying their goals and expectations for the arrangement. However, all decisions are the product and the responsibility of the peer-homesharers. Shared Living contracts shall be made for a minimum of six months and a maximum of 12 months and may be renewed. Renewals are contingent upon the homesharers' continued ability to perform the activities of daily living. /0fP 12 These shall be assessed annually by the homesharing staff at least 60 days before renewal date. Termination procedures and notices shall be stated in the contract. E. FOLLOW-UP SERVICES The program provides follow-up services within the first three months of the match to determine if the homesharers are satisfied with the living arrangement and the terms of the contract. The counselors assist in resolving any difficulties and clarifying needs of the homesharers. In addition, they may need to help in termination of the agreement if the homesharers wish to disband. In cases of terminated living agreements, the homesharers are asked if they wish to remain on the homeshare matching list. /083 ADDENDUM to CHAPTER V STAFFING AND RECORD KEEPING The Shared Housing Coordinator position may only require a half-time or three-quarter time commitment. However, this position shall be devoted full-time to administering the program. 13 CHAPTER V. STAFFING AND RECORDKEEPING A. GENERAL This chapter describes the staffing and program methods required for administering the Shared Housing Program. STAFFING REQUIREMENTS The staff shall consist of one full-time Shared Housing Coordinator and at least two half-time volunteer positions. The Shared Housing Coordinator will recruit and train volunteers to help in various activities ranging from scheduling appointments to interviewing applicants. Volunteers shall specify qualifications, time commitments, skills and interests. Students from the University of Iowa may utilize the Shared Housing Program for intern or practicum experience. Staff members should have knowledge of elderly programs and resources available in the community. They should be aware of problems confronting older people and be able to assist in developing solutions. It is also necessary that the staff members possess strong communications and deci- sion-making skills. Counselors should have the ability to develop and maintain accurate records of client contacts. Finally, they should be able to successfully handle people with diverse backgrounds, lifestyles, needs and expectations. FEES Processing fees not only assist in meeting operational expenses but also ensure that clients are serious in pursuing an agreement. There is a non-refundable $5 application fee. This fee is explained at the time of the initial contact. A $20 service fee is paid at the time the match is made and the contracts are signed. RECORDKEEPING Recordkeeping is necessary in measuring the success and effectiveness of the program. Funding sources may require quarterly reports on the home -sharing program's progress. There are three major resources of recording data: the intake cards; referral sheet; and the follow-up contact forms. Intake Cards. (Appendix 1) Intake cards are coded to distinguish homeowner and tenant. The cards are filed separately to ascertain any homeowner/tenant imbalances. The intake cards are used to document information needed for annual reports to funding agencies such as the City Council and the Department of Housing and Urban Development Community Block Grant program (HUD-CDBG). Referral Sheets (Appendix 9) Referral sheets are maintained to check each client's progress. Each referral is numbered and the clients involved are listed as well as the date of the match. Monthly statis- tics are then recorded with the number of referral matches and matched clients (Appendix 10). 14 3. Follow-up Cards. (Appendix 5) The follow-up cards are used to record the number of attempts made to contact the client for a match. Addi- tional information such as the client's interest or any questions are also recorded. E. FILING APPLICATIONS, INTERVIEWS AND EVALUATIONS The files are separated and grouped according to: 1. Applications pending reference and verification forms. 2. Active clients in search of matches. 3. Inactive clients. 4. Matched clients. 5. Discontinued matches. All verification forms, evaluations and reference materials and additional information are attached to the original application form. The applica- tions are coded according to the homeowner and tenant. HOMEOWNER ADDRESS PHONE (h) REFERRED TO S.H. BY? _ REASONS FOR HOMESHARING APPENDIX la HOMEOWNER INTAKE CARD (W) STAFF PERSON _ ZIP Best Time to call• FINANCIAL ARRANGEMENT SERVICES NEEDED/PROVIDED SPACE PROVIDED TIME CONSIDERATION: Can Wait _ Can't Wait _ Reason INTAKE DATE CANCELLED INTERVIEW DATE/TIME RESCHEDULED /of4 TENANT ADDRESS PHONE (h) REFERRED TO S.H. BY? _ LOCATION DESIRED: 1. REASONS FOR HOMESHARING FINANCIAL ARRANGEMENT _ SERVICES NEEDED/PROVIDED APPENDIX lb TENANT INTAKE CARD STAFF PERSON _ (w) 2. _ ZIP . Best Time to call: 3. SPACE NEEDED TIME CONSIDERATION: Can Wait _ Can't Wait _ Reason INTAKE DATE CANCELLED REFERENCES GIVEN? INTERVIEW DATE/TIME RESCHEDULED log'? DATE Appendix 2 HOMEOWNER APPLICATION STAFF PERSON I. BACKGROUND INFORMATION HOMEOWNER (Last name first) FILE # ADDRESS ZIP BEST TIME TELEPHONE (H) (W) TO CALL: REFERRAL SOURCE S.S. # HOW DID YOU FIND OUT ABOUT SHARED HOUSING? EMERGENCY CONTACT HOW LONG HAVE YOU LIVED IN IOWA CITY? OTHER OCCUPANTS IN HOUSE HAVE YOU SHARED BEFORE (OTHER THAN FAMILY)? YES 1. WHEN/HOW LONG WHAT WAS SUCCESSFUL? 2. WHEN/HOW LONG WHAT WAS SUCCESSFUL? II. SERVICE EXCHANGE INFORMATION WHAT REASON FOR HOMESHARING NOW? RENT EXPECTED PHONE: IN PRESENT HOME? WITH WHOM WHAT PROBLEMS DID YOU HAVE? WITH WHOM WHAT PROBLEMS DID YOU HAVE? NO IS THIS NEGOTIABLE? SOURCE OF INCOME: Salary SS Pension SSI Disability Unempl Other Total: SHARED COSTS, E.G. UTILITIES. ESTIMATE AMOUNT PER MONTH FOR TENANT(S): OIL ELECTRIC GAS WATER REDUCED RENT FOR SERVICE? (indicate percent of renter $ amount) PHONE FREE RENT FOR SERVICES? (indicate # of serlice hours required) FREE ROOM AND BOARD FOR SERVICES? (indicate # of service hours required) ROOM AND BOARD PLUS COMPENSATION? AMOUNT? IN HOMEOWNER APPLICATION - WILL NEED, PROVIDE, OR SHARE THE FOLLOWING (specify # of hours): HOUSEWORK COOKING GARDENING YARDWORK (specify) KITCHEN PRIVILEGES LAUNDRY HOUSE MAINTENANCE (changing windows, etc.) DRIVING ERRANDS SPECIAL CONDITIONS OR PHYSICAL LIMITATIONS DETERRING APPLICANT FROM ENGAGING IN CERTAIN HEAVY HOUSEWORK III. PERSONAL NEEDS AND EXPECTATIONS In order for us to make a compatible match between you and a tenant, we need to know your own attitudes or behavior and the attitude or behavior you would prefer from the tenant with whom you might share a home. Be sure to indicate the frequency of your behavior and/or the degree of importance you attach to having the tenant share that attitude or behavior. (Eg., you do not smoke, but you do not care if the tenant does.) Your Behavior/Attitude Attitude/Behavior of Tenant Religion Alcohol/Drugs Smoking Cigarettes Having a house guest(s) overnight Having family/friends over Watching T.V. Playing the radio/stereo Pets Would you be willing to have a homesharer of either sex? would you prefer? WHAT ACTIVITIES ARE IMPORTANT TO YOU? (HOBBIES, INTERESTS, ETC.) Which sex WHAT KIND OF PERSON WOULD YOU BE COMPATIBLE WITH? (PERSONALITY, TRAITS, HABITS, DAILY ROUTINE, CLEANLINESS STANDARDS, ETC.) HOMEOWNER APPLICATION - 3 WHAT IRRITATES YOU ABOUT PEOPLE? DO YOU HAVE SOME TRAITS THAT MIGHT IRRITATE A HOMESHARER? WHAT WOULD SOMEONE LIKE ABOUT YOU? WHAT WOULD SOMEONE DISLIKE ABOUT YOU? TO WHAT EXTENT ARE YOU INVOLVED WITH YOUR FAMILY? FRIENDS? NEIGHBORS HAVE YOU BEEN HOSPITALIZED RECENTLY? DO YOU HAVE A HEALTH CONDITION A HOMESHARER SHOULD KNOW ABOUT? FAMILY PHYSICIAN ADDRESS MEDICATIONS? SPECIAL DIET CONSTRAINTS IN DAILY LIVING? HOW DO YOU DEAL WITH THEM? IV. NEIGHBORHOOD AND HOME DESCRIPTION NEIGHBORHOOD DESCRIPTION IS YOUR HOME NEAR PUBLIC TRANSPORTATION? Bus DO YOU DRIVE? OWN YOUR OWN CAR? PARKING/GARAGE SPACE IS HOME WITHIN WALKING DISTANCE OF THE FOLLOWING? Grocery Store Churches Shopping Areas Laundromat Other HOME DESCRIPTION DOES YOUR HOUSE NEED ANY MINOR OR MAJOR REPAIRS? DO YOU OWN YOUR HOME? TYPE: _ Single Family _ Semi-detached _ Row Home Apartment Floor USE PUBLIC TRANSIT? Senior Center Hospital RENT? ACCESS: Front Side Back Appropriate for handicapped people? STAIRS: Entrance 2nd Floor Basement Other 1,990 HOMEOWNER APPLICATION - 4 SPACE PROVIDED: How many roams? Which floor? Furnished Unfurnished GENERAL DESCRIPTION (SIZE, CLOSET SPACE, FURNITURE, CONDITION, AMBIENCE): STORAGE WHAT? BATHROOM: Shared LAUNDRY: Washer WILLING TO STORE SOME OF YOUR FURNITURE? Private Tub Dryer Shower Which floor? Which floor? rnNri ncTnu CONCERNS AND/OR QUESTIONS YOU MAY HAVE ABOUT HOMESHARING ARE YOU SEEKING A HOUSEMATE THROUGH ANY OTHER MEANS? (COMMERCIAL SERVICE, ADVERTISING, OTHER) IF YOU FIND A HOUSEMATE THROUGH OTHER EFFORTS, WILL YOU NOTIFY US OF THIS? ARE YOU INVESTIGATING OTHER HOUSING POSSIBILITIES? (SELLING, MOVING, ETC.) HOW LONG DO YOU WANT YOUR HOMESHARING AGREEMENT TO LAST? (1 YEAR, 2 YEARS OR MORE PERMANENTLY) MAY WE CONTACT TWO REFERENCES: 1. Name Address Telephone Re ationship 2. Name Address Telephone Relationship DO YOU WANT OUR STAFF TO PROVIDE THE FOLLOWING SERVICES? _ Routine progress checks before match Participate in your home - is made sharing agreement _ Give your phone number to potential Do routine follow-up after homesharers match is made Be present during your introduction to a homesharer Multi -dimensional functional screening test is scheduled for Housing inspection is scheduled for lb 91 Appendix 2b TENANT APPLICATION DATE ' STAFF PERSON FILE # I. BACKGROUND INFORMATION TENANT (Last name first) PRESENT ADDRESS ZIP SECTION DESIRED LOCATION: IST 2ND 3RD BEST TIM TELEPHONE (H) (W) TO CALL: REFERRAL SOURCE PHONE: S.S. # HOW DID YOU FIND OUT ABOUT SHARED HOUSING? EMERGENCY CONTACT HOW LONG HAVE YOU LIVED IN IOWA CITY? IN PRESENT HOME? WHY ARE YOU NEEDING TO MOVE? HAVE YOU SHARED BEFORE (OTHER THAN FAMILY)? YES NO 1. WHEN WITH WHOM HOW LONG? WHAT WAS SUCCESSFUL? WHAT PROBLEMS DID YOU HAVE? 2. WHEN WITH WHOM HOW LONG? WHAT WAS SUCCESSFUL? WHAT PROBLEMS DID YOU HAVE? II. SERVICE EXCHANGE INFORMATION WHAT REASON FOR CHOOSING HOMESHARING? SOURCE OF INCOME: Salary SS Pension SSI Disability Unempl Other Total: MAXIMUM RENT PRESENT RENT SERVICE EXCHANGE FOR: Reduced Rent Free Rent (Indicate # of hours willing to work) Free Roam and Board (indicate # of hours willing to work) Room & Board + Compensation ROOM AND BOARD PLUS COMPENSATION? Amount• AMOUNT? /p yz TENANT APPLICATION - 2 WILL NEED, PROVIDE, OR SHARE THE FOLLOWING: HOUSEWORK COOKING GARDENING YARDWORK (specify) KITCHEN PRIVILEGES DRIVING LAUNDRY ERRANDS SPECIAL CONDITIONS OR PHYSICAL LIMITATIONS DETERRING APPLICANT FROM ENGAGING IN CERTAIN HEAVY HOUSEWORK III. PERSONAL NEEDS AND EXPECTATIONS Since the goal of the program is to make a compatible match between a tenant and an elderly person in the community, we need to know your own attitudes or behavior and the attitude or behavior concerning the following topics. Please explain your own attitude or behavior and the attitude or behavior you would prefer from the elderly person with whom you might share a home. Be sure to indicate the frequency of your behavior and the de ree of im ortance you attach to having the elderly person share that attitude or ehavior. Eg.'you are a devout Christian and it is very impor- tant that you share a home with another Christian.) Your Behavior/Attitude Attitude/Behavior of Elderly Person Religion Alcohol/Drugs Smoking Cigarettes Having a house guest(s) spend the night Having friends over Watching T.V. Playing the radio/stereo Please describe as specifically as you can what you expect/would like to receive from a Homesharing relationship.. WHAT ACTIVITIES ARE IMPORTANT TO YOU? (HOBBIES, INTERESTS, ETC.) WHAT KIND OF PERSON WOULD YOU BE COMPATIBLE WITH? DAILY ROUTINE, CLEANLINESS STANDARDS, ETC.) WHAT IRRITATES YOU ABOUT PEOPLE? (PERSONALITY, TRAITS, HABITS, TENANT APPLICATION - 3 DO YOU HAVE SOME TRAITS THAT MIGHT IRRITATE A HOMESHARER? WHAT WOULD SOMEONE LIKE ABOUT YOU? WHAT WOULD SOMEONE DISLIKE ABOUT YOU? TO WHAT EXTENT ARE YOU INVOLVED WITH YOUR FAMILY? FRIENDS? NEIGHBORS WHOM COULD WE CONTACT IN AN EMERGENCY? Name Relationship Address City Zip Phone HAVE YOU BEEN HOSPITALIZED RECENTLY? DO YOU HAVE A HEALTH CONDITION A AOMESHARER SHOULD KNOW ABOUT? FAMILY PHYSICIAN MEDICATIONS? SPECIAL DIET ADDRESS CONSTRAINTS IN DAILY LIVING? HOW DO YOU DEAL WITH THEM? IV. NEIGHBORHOOD AND HOME DESCRIPTION DO YOU NEED TO BE NEAR PUBLIC TRANSPORTATION? DO YOU DRIVE? OWN YOUR OWN CAR? NEED PARKING/GARAGE SPACE DO YOU WANT TO BE WITHIN WALKING DISTANCE OF THE FOLLOWING? Grocery Store Shopping Areas Other HOME CONSIDERATIONS TYPE: _ Single Family _ Semi-detached Row Home Apartment Floor PRIVATE SPACE DESIRED How many roams? Other STORAGE Churches Laundromat Hospital Senior Center ACCESSIBILITY: Can manage steps Cannot manage steps Wheelchair Which floor? Furnished Unfurnished TENANT APPLICATION - 4 Need BATHROOM: Shared Private Tub Shower Which floor? Handrails? LAUNDRY: Washer Dryer Which floor? rnmr111CTnm CONCERNS AND/OR QUESTIONS YOU MAY HAVE ABOUT HOMESHARING ARE YOU SEEKING A HOUSEMATE THROUGH ANY OTHER MEANS? (COMMERCIAL SERVICE, ADVERTISING, OTHER) IF YOU FIND A HOUSEMATE THROUGH OTHER EFFORTS, WILL YOU NOTIFY US OF THIS? ARE YOU INVESTIGATING OTHER HOUSING POSSIBILITIES? (SELLING, MOVING, ETC.) HOW LONG DO YOU WANT YOUR HOMESHARING AGREEMENT TO LAST? (1 YEAR, 2 YEARS OR MORE PERMANENTLY) MAY WE CONTACT TWO REFERENCES: 1. Name Address Telephone Relationship 2. Name Address Telephone Relationship DO YOU WANT OUR STAFF TO PROVIDE THE FOLLOWING SERVICES? _ Routine progress checks before match is made _ Give your phone number to potential homesharers Be present during your introduction to a homesharer Participate in your home - sharing agreement Do routine follow-up after match is made Appendix 3 I. LETTER TO DOCTOR Dear Physician: The Shared Housing Program is a public service that assists homeowners and tenants in making homesharing arrangements. Applicants must be physically, emotionally and mentally able to care for their personal needs to live in a family atmosphere. Your completion of the HEALTH EVALUATION form will help us determine the suitability for homesFaring of the individual involved. Thank you. Sincerely, NAME OF PATIENT: ADDRESS OF PATIENT: For purposes of evaluating my suitability for homesharing through the Shared Housing Program, I authorize the release of pertinent medical in- formation to the organization named above. DATE: SIGNED: 1096 APPENDIX 4 Patient's Name HEALTH EVALUATION What medicine does the patient take? Frequency? Is he/she able to administer these drugs independently? Is the patient incontinent? Frequency? Is there any evidence of alcohol or drug abuse? Please explain. Is the patient able to use stairs? Are there any other physical limitations that we should know of? Does the patient forget things easily? Does confusion interfere with the patient's ability to live independently? How would you describe the patient's mental and emotional health? Do you think the patient would get along well in a homesharing arrangement? ................................................................................ DATE: PHYSICIAN'S SIGNATURE: ADDRESS: PHONE NO.: / b 97 Appendix 5 FOLLOW-UP CARDS DATE: Dear The Shared Housing Office has been actively seeking a housemate to meet your needs. To date, we have been unable to find a homesharer for you. We are presently updating your file to assist in this homesharing search. We would like to know if you are still interested in homesharing or if there have been any changes in your present living situation. Please contact the Shared Housing Office within two weeks of re- ceiving this card. If we do not hear from you, we will assume you no longer need our housing services. Thank you for your coop- eration. Sincerely, DATE: Dear Phone The Shared Housing Office has been trying to reach you to discuss your homesharing situation. Please contact us as soon as possible at . Thank you. Sincerely, APPENDIX 6 Nm RFS. LI. CONrACrS: Date Hours Sunniary Type of Caitact Staff 1099 Appendix 7 HOLD HARMLESS AGREEMENT It is hereby agreed and understood that the Shared Housing Program is not the agent of any party (homeowners or homeseekers) but acts as a facilitator in providing the opportunity for the parties involved to come together and fashion an acceptable housing arrangement. The execution of any contract involving a homesharing arrangement shall be the final decision and sole responsibility of the parties entering into said contract. The Shared Housing Program does not make any guarantee or assurance as to the fitness of any prospective homesharer. I hereby agree to hold harmless the City of Iowa City, its officers, agents or employees as well as the staff of the Shared Housing Program from any claims, damages, or injuries of any kind arising from any homesharing arrange- ment. DATE: I have read and understood the above waiver. SIGNATURE Witness: SHARED HOUSING COORDINATOR 1166 APPENDIX 8 LEASE AGREEMENT 1. PARTIES: The parties to this agreement are: who will be called the Homeowner, an who will be called the Homesharer. 2. PROPERTY: a. The Homeowner is sharing the following home with the Homesharer: b. The Homeowner also is sharing the following items of personal property with the Homesharer: c. The Homesharer is sharing the following items of personal property with the Homeowner: d. The following areas of the home or items of personal property owned by the Homeowner are NOT to be shared or are to BE SHARED ONLY AS SPECIFIED. e. The following items of personal property owned by the Homesharer are NOT TO BE SHARED or are to BE SHARED ONLY AS SPECIFIED: 3. TERM: This Agreement begins on and continues for until If neither e Homeowner nor a omesharer gives written en no ice o ermination to the other at least days before the termination date, the Agreement will continue on a to basis. Complete only one of a b c below. a. RENT: The Homesharer shall pay monthly rent of $ in Wince on the first day of each month. OR -z - b. SERVICES ONLY: The Homesharer shall provide the following services as specified (describe the service and include how often, i.e. will scrub bath and kitchen floors once a week --will shovel snow as necessary, etc.): c. RENT AND SERVICES: The Homesharer shall pay monthly rent of $ in advance on the first day of each month and provide t e o owing services as specified (include how often): 4. SECURITY DEPOSIT: The Homeowner acknowledges receipt of a security deposit o , to be applied by the Homeowner on account of any costs incurred or damages suffered as a result of the failure of the Homesharer to perform any of its obligations under this Agreement. The Homeowner shall keep the security deposit in an interest-bearing savings account at Within 30 days from the date of termination of the tenancy and receipt by the Homeowner of the Homesharer's mailing address or delivery instructions, the Homeowner shall return the security deposit but less any deductions the Homeowner has the right to make in accordance with the preceding paragraph. If any deductions are made, the Homeowner shall also give the Homesharer a written, itemized statement of the deductions and an explanation of why each deduction was made within 30 days of termination. No deductions shall be made for normal wear and tear to the home. 5. UTILITIES: Utilities shall be paid by the party at the percentage rates indicated as follows: Homeowner Homesharer Electricity Gas Oil or Coal Water and Sewer Garbage Collection Trash .Removal Other: MOZ -3- 6. TELEPHONE: Is the Homesharer to install his or her own telephone? Yes. No If not, the Homesharer may, use the Homeowner's telep on�n—cre—r e o owing conditions as to use / and as to payment of costs 7. FOOD COSTS: Is the Homesharer to purchase his or her own food separately? Yes No If not, the cost of food shall be shared in the fol owiT ng manner: B. THE HOMESHARER'S DUTY TO MAINTAIN THE HOFS: The Homesharer shall cooperate with the Homeowner to keep the home in a clean and sanitary condition and shall not deliberately or negligently damage any part of the premises or knowingly permit a person to do so. The Homesharer shall be liable for any damage to the home or the Homeowner's property caused by, and shall make any repairs made necessary by, the actions or negligent omissions of the Home - sharer, or any of the Homesharer's visitors. The Homesharer shall not make any alterations, additions or improvements to the home without the prior written consent of the Homeowner. 9. THE HOMEOWNER'S DUTY TO MAINTAIN THE HOME: The Homeowner shall maintain the home in a decent and sae condition, and, with the cooperation of the Homesharer, shall keep the home in a clean and sanitary condition. The Homeowner shall be liable for any damage to the Homesharer's property caused by, and shall make any repairs made necessary by, the acts or negligent omissions of the Homeowner, or any of the Homeowner's visitors, except to the extent the damage is covered by the Homesharer's insurance policies, if any. 10. REPAIRS: a. The Homeowner shall comply with the requirements of applicable building and housing codes materially affecting health and safety and shall make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. b. No substantial alteration, addition or improvement shall be made by Homesharer in or to the dwelling unit without the prior consent of the Homeowner in writing. 11. NOISE: Both parties agree to refrain from excessive noise or any other .activity which disturbs peace and quiet. 12. INSURANCE: Homeowner shall continue his or her existing homeowner's insur- ance coverage which unless otherwise noted; includes fire and extended coverage casualty insurance covering both the home and the homeowner's personal property and liability insurance. Exception Homesharer agrees to obtain personal property insurance and liability by means of a "tenants" insurance policy. -4- 13. TERMINATION• a. Homesharer may terminate this agreement by giving Homeowner written notice at least 30 days before the end of the rental term. b. Homeowner may terminate this agreement by giving Homesharer written notice at least 30 days before the end of the rental term. c. The Homeowner and the Homesharer each shall have the power and right to terminate this Agreement on 30 days prior written notice to the other in case either becomes disabled in such a manner that the homesharina arran emencs con ea wnen finis x reemenz was si neo are no ionger practica In any such case, they may agree to continue this Agreement on the same terms or on new terms; but they do not have any obligation to do so. d. The Homesharer shall have 90 days "notice to vacate" in the event of the death or permanent institutionalization of the Homeowner. e. Under the provisions of the Iowa Uniform Residential Landlord and Tenant Act and in conformance with provisions to serve notices, 1. Homeowner may terminate this agreement if the Homesharer fails to pay/perform rent. 2. Homeowner may terminate this agreement if the Homesharer destroys property or maintains any nuisance upon or about the premises or continues to breach any material provision of this agreement. The Homeowner and the Homesharer acknowledge they understand the provisions of this agreement and that by signing the agreement it creates legally enforceable rights and obligations and with the intent to do so. Homeowner Date Addendum: Homesharer Date Im, X H Q z N w a S.Y. - Staff Person Y of referral = consecutive numbering of all referras CLIENT REFERRAL SHEET for the month b of match - consecutive number of match for the year S.P. MONTH: NAMES S.P. t OF REFERRAL DATE MEET PRES.? Y/N TRIAL MATCH i OF MATCH t OF SHARERS r Appendix 10 PROGRAM OUTCOME MEASURES Submitted by: MONTH YEAR HOMESHARING SERVICES Projected Number First Year Goal Achieved Comparison # of program inquiries # of tenant interviews # of homeowner interviews # of housemate referrals # of homesharing matches # of persons involved # of elderly matched HOUSING OPTION COUNSELING # of clients served # of elderly served COMMUNITY SERVICE REFERRAL # of clients served # of elderly served COMMENTS: 11.06 Appendix 11 Sample Agreement AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FOR THE USE OF 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE SHARED HOUSING PROGRAM This agreement, entered into on this day of , by and between the City of Iowa City, municipal corporation (herein referred to as the "City"), and , herein referred to as Whereas, the City is the recipient of Community Development Block Grant (herein referred to as CDBG) funds, granted by the United States Depart- ment 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 provide the elderly and handicapped residents of Johnson County with living arrangements that will 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 agrees to assist in providing the elderly and handicapped residents of Johnson County with the necessary environment and support that will allow them to remain in their homes. B. The agrees to develop and implement a Shared Housing Program that will assist elderly and handicapped home owners in matching and selecting compatible and affordable housemates. The may utilize the Shared Housing Program manual provided herein. C. The agrees to hire a Coordinator who is responsible for developing and administering. the Shared Housing Program. II. Time of Performance: This agreement shall commence upon execution by the parties and shall terminate on III. Funding: The City shall pay $15,000 to to develop and implement a Shared Housing Program for the elderly and handicapped residents of Johnson County. Funding shall be used to hire a Shared Housing Coordinator and to develop and administer the program. x/07 In the event that is unable to meet the objectives set forth in this program, or if the program is termi- nated, all unobligated funds under this agreement shall be returned to the City. IV. General Administration: The City shall transfer the funds to in quarterly payments of $3,750 each. The first payment shall be made on After signing of this agreement subsequent payments shall e made on the 15th day of the month following the end of each quarter and upon receipt of the required quarterly reports (January 15 and April 15). 1. The Shared Housing Coordinator shall be responsible for the administration of the program, including the preparation of a program budget for the City's approval. All expenditures under the program shall conform to OMB circular A-122, Cost Principals for Non-profit Organizations (copy to be provided by the City). 2. shall submit quarterly reports to the Department of Planning and Program Development, CDBG Administration on the 15th day of each month 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 agreed. 3. Not later than will provide the City with a certified statement of the expendi- ture of funds disbursed under this agreement. Other Reports and Audits and Inspections: 1. 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 Controller General of the United States, or the duly authorized representatives, all of '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. shall retain financial records, sup- porting 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. 3 V. Terms and Conditions: This agreement shall be subject to the following terms and conditions, to wit: A. Equal Employment Opportunity shall not permit any of the following practices: Discharge from employment, refuse to hire, or dis- criminate 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 shall not deny to any person its services on the basis of race, creed, color, sex, national origin, relig- ion, age, marital status, sexual orientation or disability. C. Termination This agreement may be terminated upon a thirty day written notice by either party. D. Interest of covenants that is 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. further covenants that in the performance of this agreement no person having any such interest shall be employed by E. Assignability 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 Provisions shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, torts, wrong doings or criminal actions caused by person, employed by or under the supervision of the Shared Housing 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. 4 ' In witness whereof the parties hereto have executed this agreement as of the CITY OF IOWA CITY John McDonald, Mayor Attest: City Clerk //10 � Suggested -Job Requirements Appendix 12 TITLE: SHARED HOUSING COORDINATOR RESPONSIBILITIES: 1. Develop, implement and evaluate operating procedures. 2. Interview, evaluate and assist homeowners in selecting housemates. 3. Perform assessments on ACTIVITIES OF DAILY LIVING FOR THE ELDERLY/HANDI- CAPPED APPLICANTS. 4. Assist in the execution of leases and contractual arrangements between home owner and housemate. 5. Provide preplacement counseling for applicants and periodic assistance for program tenants. 6. Train and supervise volunteers and interns for intake positions. 7. Develop and maintain records of contacts between staff and clients. 8. Prepare and present reports, recommendations and supporting data to boards, commission and the City Council and other funding agencies. 9. Disseminate information regarding program to the public. TRAINING AND EXPERIENCE: BA degree in PLANNING, ADMINISTRATION, SOCIAL WORK or related field or an equivalent combination of education and experience from which comparable knowledge and abilities can be acquired. Experience in housing program administration is desired. Some experience in training and supervising volunteers with knowledge of elderly programs and agencies is useful. A Master's degree in Administration, Planning, Social Work or related field may substitute for part of the experience. Five years of responsible experience in human services planning and housing program administration from which comparable knowledge and abilities can be acquired may be substituted for above requirements. KNOWLEDGE AND SKILLS: Federal, state and municipal regulations related to rental and rooming houses. Interviewing, counseling and explaining programs to applicants. Clear and effective written and oral expression. Strong organizational and management skills. Preparing reports and maintaining records. Sound decision-making and problem -solving techniques. A/Z 84-293 Pealu#ton of Tox utenbatt`on XhertM, Arlo Fry submitted a resignation from the service of the City Of Iowa City effective October 31, 1984 and Whaws, the said Arlo Fry as an employee of the Public Transit Department has given the City of Iowa City 13 yearsof dedicated service, from 9/1/71 and XIIErMs the City Council wishes to commend the said Arlo Fry for said service. XDfu 194atfDYE Im it Pwltb hu 1944 CHU @9uuuril of 96fun fdlfg, cTdox 1. That the City Council of Iowa City, Iowa hereby commends Arlo Fry for meritorious service in the Public Transit Dept. of the City over the years 2. That the City Council extends the gratitude of the City to the said Arlo Fry for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Arlo Fry It was moved by Ambrisco and seconded by Strait that the Resolu- tion be 'adopted. ATTEST: Passed and approved this MAYOR 6th day of November, 1984. K 6 n RESOLUTION NO. gq_294 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: Hungry Hobo, 517 S. Riverside The Third Coast, 1.26 1/2 E. Washington Street It was moved by _atlaa and seconded b risco that the Resolution as read be adopted, and uponyroll call there were: ABSENT: Zuber X Passed and approved this 6th 19 84 day of November Attest: Ci y Cler c ON X 1114 AYES: NAYS: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X ABSENT: Zuber X Passed and approved this 6th 19 84 day of November Attest: Ci y Cler c ON X 1114 RESOLUTION NO. 84-29S RESOLUTION APPROVING FY86, 87, 88, 89, 90 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1985, TO JUNE 30, 1990. 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, 1985, to June 30, 1990, be approved. It was moved by Erdahl and seconded by Baker that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS; X X: X X _ X X X ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 6th. day of Novembber.. 1984. u� YOR ATTEST • Z 7C. 9Can�J CITY CLERK �etctived & Approved al DePs int Bel s 4 9 1! I Xy 1119 Iowa Department of Tre,apollalloe Form 270MI 5-19 OFFICIAL STREET CONSTRUCTION PROGRAM FOR ❑ CITIES - Pop. 1,000.4,999 (one-year) ® CITIES - Pop. 6,000 & over (five-year comprehensive) CITY — Iowa City, Iowa COUNTY Johnson FROM JULY 1, 1985 TO JUNE 30, 1990 1, Marian Barr City clerk of the City of Iowa City. Iowa , do hereby certily that the city council has by resolution approved this official report as its fiscal July 1, 1985 to June 30, .1990 one-year/five-year comprehensive Street Construc. tion Program this Month November , Day 6th. Year 1984 . MarianCity Clerk Karr Mailing Address t E. 1. r r• •r StrPet, Towa Cit3L, Tnwa.5724n Daytime Phone No. IJ19J 356-5041 Hours Avallable 8:00 A.M.-5:00 P.M. Anne Code) John McDonald , Mayor MEM ERS OF THE COUNCIL John McDonald Clemens Erdahl Kate Dickson William Ambrisco Larry Baker George Strait Ernest Zuber Cities -Pop. 5,000 b over shall file, on or before 0acember 1 of each year, two copies of this report with the fowa Department of Transportation. Cities -Pop. 1,000.1,999 shall file, on or before December3l of each year, two copiesof this reportwith. the Iowa Department of Transportation. DISTRIBUTION: White - Office of Tranaponalion Inr.; Yellow - City Copy; Pink - District TwitWatbn Manner ML J FORM 220002350 TYPE OF CONSTRUCTION 1. RIGHT OF WAY 2. GRADE AND DRAIN 3. PAVE 4. RECONSTRUCTION S. PAVEMENT WIDENING S. RESURFACING 7. SHOULDER WIDENING S. SURFACE RESTORATION a. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL CLASSIFICATION 04 ARTERIAL EXTENSION US 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_85 To June 30, 19_90 Pop. 1,000 - 4,999 ❑ 1 year program Pop. 5,000 i over x4 year program R.U.T. 4 SHEET_ 1 OF 3 CITY Iowa City, Iowa COUNTY Johnson Fly PROJ. NO. STREET NAME PROJECT LIMITS STATE FDNC. EXISTING TYPE OF PROJECT LENGTH TOTAL ESTIMATED FROM TO CLASS. SURFACE CONSTR. (MILES) COST (DOLLARS) 86 1 Burlington Street Bridge ovei Iowa River 10 P.C.C. 9 0.10 $1,317,000 86 2 Railroad Crossing Rock Island Line at Dubuque 10, 11, Asphalt 12 N/A $ 54,000 Improvements Street $ Clinton Street 12 86 90 3 Resurface (Miscellane us locations) 10, 11, Asphalt 6, 12 unknown 000 5$1,500000 12 86 90 4 Street and Curb Repair (Miscellaneous locations) 10 11, 12and/or Asphalt 4 unknown 5 @ $100,000 P.C.C. $ 500,000 Washington 86 5 Clinton Street Street Iowa Avenue 11 Asphalt 4 0.10 $ 170,500 86 6 Burlington Street Capitol Street Clinton Street 10 P.C.C. 4 0.07 $ 35,500 86 7 Bradford Street $ First Avenue Intersection Signalization 11 P.C.C. 10 N/A $ 19,000 Kirkwood Avenue $ 86 8 Dodge Street Intersectim Signalization 10 Asphalt 10 N/A $ 20,000 87 9 Benton Street Bridge ovex Iowa River 10 Asphalt 9 0.10 $1,467,000 87 10 Burlington Street Bridge Deck Repair over 10 P.C.C. 9 0.01 $ 50,000 Ralston Creek 87 11 Dubuque Street Park Road Iowa Avenue 10 Asphalt 4 0.70 $ 675,000 DlslriDulion: While - Climeof rims Inv: Yellow - City Copy. Pink Distim Plennci i 00 FORM 220002 0 80 TYPE OF CONSTRUCTION 1, RIGHT OF WAY 2. GRADE AND DRAIN 3. PAVE 4. RECONSTRUCTION S. PAVEMENT WIDENING 6. RESURFACING 7. SHOULDER WIDENING 8. SURFACE RESTORATION 9. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING Il. STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL CLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 08 TRUNK E%T. OF OT TRUNK }RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS II MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19-85_ To June 30, 1990— Pop. 1,000 - 4,999 ❑ 1 year program Pop. 5,000 i over M S year program R.U.T. 4 SHEET 2 OF 3 CITY Iowa City_, Tnwa COUNTY Johnson FIV pROJ. NO. STREET NAME PROJECT LIMITS STATETOTAL FDNC. EXISTING TYPE OF PROJECT LENGTH ESTIMATED FROM TO CLASS. SURFACE CONSTR. (MILES) COST (DOLLARS) 87 12 Gilbert Street Bridge over Ralston Creek 10 P.C.C. 9 0.05 $ 72,000 (deck a air) 87 13 Melrose Avenue West line of West High School Freeway 518 Improvement 10 ha Asphalt l 1, 2, 0.52 $ 756, 000 3 87 14 Dodge Street Bridge over Rock Island 10 P.C.C. 9 0.10 $ 125,000 Railroad de k re air 87 15 First Avenue Railroad Cros ing Improvements 11 Asphalt 12 N/A $ 113,000 at Rock Island Railroad 87 16 Benton Street Culvert for cre k channel located just st Qf Or a 178-000 88 17 Woolf Avenue Bridge over Rock road P hwy. N6/2 Island Rail- 8(deck repair) 88 18 Dubuque Road Dodge Street Oakes Drive 12 P.C.C. 5, 6 0.36 $ 156,000 88 19 Dodge Street Dubuque Road Governor Street 10 Asphalt 1, 5, 0.40 $ 523,000 6 88 20 Taft Speedway Dubuque Street West approx. 2700 feet 12 Gravel 2, 3 0.55 $ 382,000 Benton Street $ 88 21 Mormon Trek Blvd. Intersectio Signalization 10 P.C.C. 10 N/A $ 23,000 89 22 Scott Blvd. Court StreetRochester Avenue 10 Gravel 1, 2 0.95 $1,076,500 3 Oistribulion: While Office of Trans. Inv; Yellow Clly Copy. Pnik Oislncl Plannm FORM 220002 3 00 TYPE OF CONSTRUCTION DRAIN B. SURFACE RESTORATION 0. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL CLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 06 TRUNK EAT. 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_$5 _ To June 30, 19 90__ POP. 1,000. 4,999 ❑ 1 year program Pop. 5,000 & over 00 5 year program R.U.T. 4 SHEET 3 OF 3 COUNTY Johnson FIV PROD. NO. STREET NAME PROJECT LIMITS STATE FDNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL ESTIMATED COST (DOLLARS) FROM TO 89 23 RDhret Road Mormon Trek Blvd. Freeway 518 Improvements 10 Seal Chip S, 2 13 0.28 $ 327,000 DIAtnOution: W0110-011ice of Trans. Inv.. Yellow City Copy. Pink Disuml PMnnn November 6 1 , 1984 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., or the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: --Ambrisco Baker Dickson Erdahl Strait Zuber Absent: -1- AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA %%M Amhrisro introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SANITARY SEWER 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: Ambrisco, Baker, Dickson, Erdahl, McDonald. Strait. Zuber NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 84-296 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that sanitary sewers of 36" reinforced concrete pipe 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 sanitary sewers of 36" reinforced concrete pipe, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Sanitary sewer, 36 inches in diameter, reinforced concrete pipe, on Taft Speedway from Dubuque Street West 2680 feet to the intersection of a road connecting with Foster Road -2- AHLERS. GOONEY, DORWEILER, HAYNIE. SMITH B ALLBEE. LAWYERS, DES MOINES. IOWA 11a'l 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- 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: All properties abutting along the line of the sanitary sewer improvement and the property described as follows: Commencing as a point of reference at the center of Section 3, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa; thence West 430.9 feet along the South line of Government Lot 2 in the Northwest Quarter of said Section 3 to a point of intersection with the former westerly right-of-way line of North Dubuque Street; thence continuing West 386.6 feet along with South line of said Government Lot 2 to the point of beginning; thence South 540 04' West 262.9 feet; thence South 580 16' West 326.8 feet; thence South 16° 22' West 233.5 feet to the northerly bank of the Iowa River; thence South 760 07' 18" East, 159.4 feet along the northerly bank of the Iowa River; thence North 340 19' 50" East 712.7 feet to the point of beginning Subdivision E. The said improvement shall be designated as the Taft Speedway Sanitary Sewer Extension Project 1985", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 6th. day of November 1984. ayor ATTEST: -3- AHLERS. GOONEY, DORWEILER, HAYNIE. SMITH B ALLBEE. LAWYERS. DES MOINES. IOWA IUZ Ambrisco 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: Ambrisco, Baker, Dickson, Erdahl McDonald, Strait Zuber NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: 84-296A 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 Taft Speedway Sanitary Sewer Extension Project 1985, 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 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 6th, day of November , 1984. ayor ATTEST: Cl&rk� �i of.i tJ -4- AHLERS. COONEY. DORWEILER, HAYNIE. SMITH a ALLSEE, LAWYERS. DES MOINES, IOWA Ambrisco _ introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE TAFT SPEEDWAY SANITARY SEWER EXTENSION PROJECT 1985" and moved its adoption. Baker 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: 84-296B RESOLUTION ADOPTING PRELIMINARY PLAT -AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE TAFT SPEEDWAY SANITARY SEWER EXTENSION PROJECT 1985 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 Taft Speedway Sanitary Sewer Extension Project 1985, 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: -5- AHLERS, COONEY. DORWEILER, HAYNIE, SMITH B ALLBEE. LAWYERS. DE5 MOINES. IOWA WIS That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boun- daries for said Taft Speedway Sanitary Sewer Extension Project 1985. PASSED AND APPROVED, this 6th. day of November 1984. JaL- -6- yor ATTEST: AHLERS, GOONEY. DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS. DES MOINES, IOWA 11 wo Ambrisco 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: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 84-296C 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 Taft Speedway Sanitary Sewer Extension Project 1985, 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 Taft Speedway Sanitary Sewer Extension Project 1985, 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. -7- AHLERS. COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES. IOWA 1X 21 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 December , 1984, in the Council Chambers in the City Hall, 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 pro- perty 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 substan- tially the following form: -8- AHLERS, COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE. LAWYERS. DES MOINES, IOWA II;% (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection -in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an esti- mate of costs and plat and schedule showing the amounts pro- posed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a Sanitary Sewer improvement, designated as the Taft Speedway Sanitary Sewer Extension Project 1985, of the types and in the location as follows: Sanitary sewer, 36 inches in diameter, reinforced concrete pipe, on Taft Speedway from Dubuque Street West 2680 feet to the intersection of a road connecting with Foster Road That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: All properties abutting along the line of the sanitary sewer improvement and the property described as follows: Commencing as a point of reference at the center of Section 3, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa; thence West 430.9 feet along the South line of Government Lot 2 in the Northwest Quarter of said Section 3 to a point of intersection with the former westerly right-of-way line of North Dubuque Street; thence continuing West 386.6 feet along with South line of said Government Lot 2 to the point of beginning; thence South 541 04' West 262.9 feet; thence South 580 16' West 326.8 feet; thence South 160 22' West 233.5 feet to the northerly bank of the Iowa River; thence South 760 07' 18" East, 159.4 feet along the northerly bank of the Iowa River; thence North 340 19' 50" East 712.7 feet to the point of beginning The Council will meet at 7:30 o'clock P .M., on the 4th. day of December , 1984, 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 -9- AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 1161°1 interest in the matter may appear and be heard for or agaihst the making of the improvement, 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 Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. 2'h e2 1P 2k,,,/ Cleft, Iowa City, Iowa (END OF NOTICE) -10- AHLERS, COONEY. DORWEILER, HAYNIE. SMITH a ALLSEE, LAWYERS, DES MOINES, IOWA 11 1� INTRODUCED AND PROPOSED at a meeting held on the 6th. day of November , 1984. ayor ATTEST: Cler -11- AHLERS. COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES. IOWA 1131 Council Member Ambrisco introduced the following Resolution and moved its adoption. Council Member Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco Baker Dickson, Erdahl, McDonald, Strait, Zuber NAYS: Whereupon the Mayor declared the following Resolution duly adopted: 84-296D 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 Taft Speedway Sanitary Sewer Extension Project 1985, is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the detailed plans and speci- fications as prepared by the City Engineer, Engineer, for the project, for the construction of the Taft Speedway Sanitary Sewer Extension Project 1985, 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. _- -12- AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYER5, DEB MOINES, IOWA 1%30L 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 circulation in this City. Publication shall be not less than four clear days nor more than forty-five days prior to January 3 , 1985, which latter date is hereby fixed as the date for receiving bids. Said bids are to be filed prior to 10:00 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 .Tanunry 8 , 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 December 4 1984. PASSED AND APPROVED this 6th. day of November 1984. !A &L-� )ayor ATTEST: -13- AHLERS. COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS. DES MOINES. IOWA 1133 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of I hereby certify that attached is a true the portion of the corporate records o showing proceedings of the Council, an complete copy of the action taken by s to said matter at the meeting held on the attachment, which proceedings rema effect, and have not been amended or r that meeting and all action thereat wa in accordance with a notice of meeting copy of which was timely served on eac and posted on a bulletin board or othe accessible to the public and clearly d pose at the principal office of the Cc face sheet of said acenda being attach CIG -3 1-79 )wa City, Iowa, do and complete copy of E said Municipality I the same is a true and aid Council with respect :he date indicated in Ln in full force and ascinded in any way; duly and publicly held and tentative agenda, a i member of the Council prominent place easily �signated for that pur- incil (a copy of the ?d heretnl nnrallant- hn 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 6th. day of November, 1984. SEAL City Clerk, Iowa City, Iowa AHLERS. COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES. IOWA 113 y rw Lou. "/c/OH Removed: I1h1N 4'.5c,,, z (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: November 6, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, City Hall, 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: Procedure to initiate the Taft Speedway Sanitary Sewer Extension Project 1985 - Preliminary resolution for construction. - Resolution fixing values of lots. - Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications. - Resolution of necessity. - Resolution ordering bids, approving plans, specifications and form of contract and related matters. Such additional matters as are set forth on the addi- tional 15 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. ;1Aezvv� �. � ) Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIE, SMITH a ALLBEE. LAWYERS. DES MOINES. IOWA 1135 RESOLUTION NO. 84-297 A RESOLUTION AUTHORIZING THE REINSTATEMENT OF THE LEASE OF CERTAIN PREMISES BY UNION BUS DEPOT OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa, and Union Bus Depot of Iowa City, Inc. entered into a Lease Agreement commencing December 1, 1974, and ending November 30, 1976, for the lease of the following described real estate, to -wit: The South 70 feet of Lot 5 in Block 43, and the South 70 feet of the West 10 feet of Lot 6 in Block 43 in Iowa City, Johnson County, Iowa, according to the recorded plat thereof, and WHEREAS, said Lease Agreement also granted to the Tenant two 2 -year renewal options, both of which options have been exercised by the Tenant, and WHEREAS, said Lease Agreement was amended on June 13, 1978, to grant the Tenant two additional 2 -year renewal options, the first of which additional options has been exercised by the Tenant thereby renewing said Lease through November 30, 1982, and WHEREAS, said Lease Agreement was amended on April 27, 1982, to grant the Tenant three additional 2 -year renewal options, but the first of said options was never formally exercised, although Tenant has remained in possession of the premises; and WHEREAS, in order to reinstate the Lease, the Tenant, Union Bus Depot of Iowa City, Inc., now proposes to exercise the first of said 2 -year options granted pursuant to the amendment executed April 27, 1982, and has tendered percent- age rental for the period from November 1, 1982 through October 31, 1984, as - consideration for the City's acceptance of said Exercise of Option, and WHEREAS, the City has agreed to accept said Exercise of Option, as well as the Exercise of Tenant's Option which will extend said lease to November 30, 1986. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that certain Lease Agreement between the City and Union Bus Depot of Iowa City, Inc. be reinstated as of December 1, 1982, that the Lessee's exercise of options to extend the term of the lease be accepted and that said lease be extended to November 30, 1986, pursuant to the terms of said lease as amended. 1131 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 6th. day ATTEST: ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER November , 1984. Reeelved & Approved d T Lenz! Drt n} 1137 RESOLUTION NO. 84-29•R RESOLUTION AMENDING THE CLASSIFICATION OF POSITIONS IN THE TRANSIT DEPARTMENT WHEREAS, Resolution No. 84-159 adopted by the City Council on June 19, 1984, established a classification/compensation plan for Confidential employees; and 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 Confidential pay plan be amended by: a. The deletion of one Sr. Driver position, Grade 49. 2. The AFSCME pay plan be amended by: a. The addition of one Maintenance Worker III -Transit position grade 3. The authorization of personnel in the Transit Department be amended by: a. The deletion of one full-time Sr. Driver position. b. The addition of one full-time Maintenance Worker III -Transit posi- tion. It was moved by F.rdahl 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 6th day of November , 1984. a 'YO ATTEST: CIK Roodved & Approved By The Legal 63porhrierR 113% RESOLUTION NO. 84-299 RESOLUTION AMENDING THE CLASSIFICATION ,OF POSITIONS IN THE HOUSING AND INSPECTION SERVICES 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. 84-159 adopted by the City Council on June 19, 1984, established a classification/compensation plan for Administrative employees; and WHEREAS, the classification plans of the City of Iowa City were established and are maintained to reflect through job classification and compensation the type and level of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The AFSCME pay plan be amended by: a. The deletion of one Sr. Building Inspector position, Grade 15. 2. The Administrative pay plan be amended by: a. The addition of one Sr. Building Inspector, position Grade 53. It was moved by Erdahl and seconded by Dickson the Resolut-ion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson X Erdahl X McDonald X Strait Zuber Passed and approved this 6th. day of November , 1984. OR ATTEST: �jeua�K,�J CIT CLERK Recehted & Apprevecl By The Legal Daparhwnt 11AQ 84-300 ereau, Edward Vorel submitted a resignation from the service of the City of Iowa City effective November 2, 1984 and XIlereas, the said Edward Vorel as an employee of the Pollution Control Division has given the City of Iowa City 15 years of dedicated service, from 1969 and A14ereas, the City Council wishes to commend the said Edward Vorel for said service. 'Nufu Z4=vfore be it pool6eb hu x4e CCU da uuil of'lofna (ltifg, patua: 1. That the City Council of Iowa City, Iowa hereby commends Edward Vorel for meritorious service in the Pollution Control Div. of the City over the years 2. That the City Council extends the gratitude of the City to the said Edward Vore1 for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Edward Vorel. It was moved by Ambrisco and seconded by Zuber that the Resolu. tion be adopted. ATTEST: CITY CLERK MAYOR Passed and approved this 20th. d of November, 1984 I R RESOLUTION NO. 84-301 RESOLUTION APPROVING THE FINAL PLAT OF DEER HILL SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Ernst and Annegret Hierschbiel, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Deer Hill Subdivision. 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 final plat and have recommended approval of same; and WHEREAS, the final plat has been examined by the Planning and Zoning Commis- sion and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the final plat is found to conform with all the pertinent require- ments of 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 Deer Hill Subdivision 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 the approval of this resolution which shall be affixed to the plat and of the final plat 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 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 20th. of November 1984. ATTEST:jdn ) CIT CLERK Received A Approved by The Ler.,al De arfinent 11 IS It ul 1I/ RESOLUTION NO. a4-sm RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT FOR 1985 IN THE AMOUNT OF $736,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT 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 1985 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 1985 Community Development Block Grant funds in the amount of $736,000 under the Housing and Community De- velopment Act of 1974, as amended; 2. 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 3. 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 Ambri and seconded by Dickson the Resolution be adopted, and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER _x DICKSON X ERDAHL x MCDONALD x STRAIT _x ZUBER Passed and approved this ATTEST: day of 1984. AYOR itocetvecl & Approved ty The Legai Dcpc mert �rIB4- 1143 RESOLUTION NO. 84-303 RESOLUTION GRANTING CABLEVISION ASSOCIATES �i, D/B/A HERITAGE CABLEVISION, INC. A RATE INCREASE OF FORTY CENTS PER MONTH. WHEREAS, on August 28, 1984, the City of Iowa City and Heritage Cablevision, Inc. executed an agreement whereby the City approved the transfer of the broadband telecommunications franchise from Hawkeye CableVision Corporation to Heritage Cablevision, Inc., and WHEREAS, as a condition of said agreement, Heritage Cablevision, Inc. agreed to support an increase in the annual franchise fee payment to 5 percent of annual gross revenues if the City granted the grantee's application for a rate increase, and WHEREAS, as part of said agreement the City agreed to consider approval of a rate increase for basic services between thirty-two cents and forty cents per month to become effective, if approved, upon the effective date of the increase in the franchise fee to 5 percent, and WHEREAS, Heritage Cablevision, Inc. has applied for a forty cents per month increase in the basic services rate, justifying said requested rate increase -- because of projected increased expenses due to said increase in franchise fee payments, and WHEREAS, the Broadband Telecommunications Commission has recommended that the City Council grant said requested forty cents per month rate increase, and WHEREAS, a public hearing on the basic service rate increase request was held before the City Council on November 6, 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the City Council hereby grants approval to Cablevision Associates VII d/b/a Heritage Cablevision, Inc. to raise its basic service rate for cable television by forty cents per month, thereby increasing the basic monthly service rate from $8.90 to $9.30, with said rate increase subject to and effective only at such time when the annual franchise fee payment is increased to 5 percent. 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 20th. day of November1984. V AYOR ATTEST: CI CLERK Received & Approved By The Legal Department i� i+ nuy c RESOLUTION NO. 84-304 RESOLUTION AUTHORIZING THE EXECUTION OF THE FIFTH AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND ZUCHELLI, HUNTER & ASSOCIATES, INC. FOR THE STUDY OF THE REDEVELOP- MENT OF PARCEL 64-1A. WHEREAS, the City of Iowa City did, on September 7, 1976, enter into a Contract for Technical Services for the City -University Urban Renewal Project I (Iowa R-14); and WHEREAS, it is now necessary to amend said contract for the study and analysis of the redevelopment of Parcel 64-1a. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the amendment (fifth amendment to the Contractor for Technical Services between the City of Iowa City and Zuchelli, Hunter & Associates, Inc.) is attached hereto and by this reference made a part thereof, is hereby ap- proved. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute said amendment. 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 _CX Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 20th. day of November , 1984. ATTEST: _1%lna�a ,J -e- -e2An,) CIT CLERK Racolvad & Cippmved By Tho Legcl Gapertr. nt 1145 FIFTH AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND ZUCHELLI, HUNTER & ASSOCIATES, INC. WITNESSETH THAT: WHEREAS, the City of Iowa City, Iowa, (hereinafter referred to as the City), and Zuchelli, Hunter & Associates, Inc. of Annapolis, Maryland (hereinafter referred to as the Consultant) did enter into a contract for technical services for the City -University Urban Renewal Project I (Iowa R-14); and WHEREAS, the Fourth Amendment to our existing Contract shall be considered terminated effective November 30, 1984. AND, FURTHER, WHEREAS activities which the Consultant undertook in accom- plishing the original contract are, by mutual agreement between the City and the Consultant, continuing activities which require additional attention by the Consultant; NOW, THEREFORE, the City and the consultant do hereby agree as follows: 1. Section 2 is hereby amended and shall now read as follows: Section 2. Scope of Services. The Consultant shall do, perform and carry out the services as referenced below in a satisfactory and proper manner with the understanding that the City shall assist the Consultant in performing particular work items within Tasks as referenced below. A. Objectives The Consultant shall assist the City in causing the development of a mixed use project on Parcel 64-1A. Assistance provided by the Consultant .shall include, but not be limited to, technical services associated with the following activi- ties: 1. Definition of a development program based on site capacity and market potential. 2. Analysis of the feasibility of the development program in terms of financial cost and benefits and within certain design guide- lines. 3. Evaluation of alternative development strategies and formulation of a recommended land disposition and development strategy. B. Approach With the objective of guiding the City from an initial feasibility analysis of the project to the identification of a development strategy, the approach adopted by the Consultant includes a review of existing data, conduct necessary interviews, complete market recon - naissance and site analysis, preparation of preliminary urban design concepts for the project and preliminary cost estimates as well as a financial feasibility analysis, and finally, an evaluation of the different roles and responsibilities of the City in various develop- ment strategies including public/private joint development and public or private development. The Consultant will, from time to time, meet with Iowa City officials and call on them for assistance as outlined in the Detailed Scope of Services. C. Detailed Scope of Services A detailed Scope of Services is included within the "City-ZHA Work Program and Schedule for Programmed Development of Parcel 64-1A in Downtown Iowa City" prepared by the Consultant and dated October 4, 1984. 2. Section 4 is hereby amended and shall read as follows: Section 4. The Services of the Consultant covered by this Contract extension commence on December 1, 1984 and continue for a period of four (4) months, to March 31, 1985. It is further provided that the City shall have the right to extend this contract for such additional time as it may require by so notifying the Consultant not less than thirty (30) days before this agreement is terminated pursuant to the terms set forth herein. The Consultant shall not be held responsible for delays in performance which occur through no fault of the Consultant. Section 5 is hereby amended and shall read as follows: Section 5. The City shall pay the Consultant for actual professional time and expenses incurred in performance of this Agreement at the Consultant's normal billing rates. It is understood that total compensation to be paid the Consultant in conformance with this Contract Amendment and for services associated with the Consultant's responsibilities relative to the task assignment specified shall not exceed the aggregate amount of forty-eight thousand dollars (#48,000.00). The estimated cost breakdown for tasks outlined above is as follows: 1. Phase I: Project Programming $ 18,000 •Data collection and review •Interviews and Design Review Committee consultation •Market reconnaissance and analysis •Site and urban design analysis 1141 2. Phase II: Feasibility Analysis $15,000 -Urban design concept Preliminary development costs -Financial feasibility analysis •Identification of funding strategy 3. Phase III: Development Strategy $159000 •Identification of alternative development strategies •Investigate potential for design competition and applicability for each development strategy -Comparison of alternative strategies and assistance in selection of preferred strategy Total 48,000 Compensation for professional services will be paid monthly in every case. Compensation will be subject to requisition for payment from the Consultant specifying that he has performed the work under this Contract Amendment in conformance with the Contract Amendment and that he is entitled to receive the amount requisitioned under the terms of the Contract Amendment. Dated this _3--09 day of 14�� `, 1984. ATTEST: CITY OF IOWA CITY ayor ATTEST: Remlved $ Appreved By The Legal Deper mend I I 16 Ittil ZUCHELLI, HUNTER & ASSOCIATES, INC. SCOPE OF SERVICES SUMMARY INTRODUCTION October 4, 1984 This Scope of Services details consulting services to be provided to Iowa City for the development of a mixed-use pro- ject on Block 64-1A in downtown Iowa City. This proposed Scope of Services is intended to guide the City from initial feasibility analysis of the project to the identification of a development strategy. The proposed Scope of Services is divided into four major phases. The first phase, Project Programming, is designed to determine, through an analytical process, "the what" of the project. In this phase we will review existing data, conduct necessary interviews and complete market reconnaissance and site analysis activities in order to define a development pro- gram which is realistic from the standpoint of both site capa- city and market potential. The second phase of our work effort, feasibility analysis, will be to conduct a preliminary, but rigorous feasibility analysis to determine the cost and benefits of the recommended development program. This phase endeavors to determine "the how" of the project. Based on our present knowledge of the site and environs, and the site analysis conducted in Phase I, ZHA's design department will prepare preliminary urban design concepts for the project. We will not prepare detailed architectural plans, but rather, define the major urban design characteristics of the project. Preliminary cost estimates as well as a financial feasibility analysis of the project will be prepared. The final task of this phase will be to analyze the development potential of the project. At this point, the City will be able to make an informed decision on whether to proceed with the project based on sound financial and design criteria. Phase III of this work program will be to evaluate alter- native development strategies available to the City in the redevelopment of this site. These alternatives will evaluate different levels of roles and responsibilities for the City including: development via a design competition; development through joint venture; single parcel land sales; subdivided land sales; land lease alternatives; sales lease -back develop- ment scenarios; and, other creative techniques available for "state-of—the-art" real estate development. In this process 1149 ZUCHELLI, HUNTER & ASSOCIATES, INC. -2- the pros and cons of a public/private joint development of the site will be fully explored as compared to a public or private development of the site. The product of this phase will be to formulate a recommended land disposition and development stra- tegy. Budget and Schedule We anticipate that the cost of providing these services to Iowa City will be approximately $18,000 for Phase I and $15,000 per phase for Phases II and III. This amount will include all professional hours as well as travel and other reimbursable expenses. The final contract amount would depend on finaliza- tion of schedules, products, meeting requirements, etc. We have not, at the present time, estimated the cost of Phase IV. This could be handled on a per diem basis or, we could struc- ture a budget after ZHA's role has been more clearly defined. Although we have not yet structured a detailed project sche- dule, we believe that we would require approximately three to four months of calendar time to complete the work activities described in an efficient momentum -conserving effort. Work Program The paragraphs below describe in more detail the specific tasks and work activities to be completed by ZHA and the City in each phase of the assignment. The process defined is a highly structured, process -oriented means of evaluating the development potential of this important land parcel. We believe it offers the City the opportunity to consciously explore market and site supportable development scenarios and receive maximum benefit from both a design and economic standpoint. PHASE I: PROJECT PROGRAMMING Task 1: Or4anizational Meet After acceptance of this proposal for professional services by Iowa City, an organizational meeting and strategy work session would be held between Iowa City and their autho- rized representatives and the ZHA consultant team. The purpose of this meeting and work session will be to: • Further discuss key issues and parameters which affect development of the site. 1150 ZUCHELLI, HUNTER & ASSOCIATES, INC. -3- • Brief the consultant team on recent developments affecting the downtown, particularly areas of concern which have resulted since construction of the hotel. • Finalize project objectives including schedules, meeting dates, product formats, work activities and assignments for the project. Task 2: Meet With Design Review Committee At the outset of work, while gathering available data and meeting with Iowa City officials, ZHA will hold a special workshop session with the Iowa City design review committee and their authorized representatives. The purpose of this session will be to receive initial input on aesthetic and design goals and objectives from this committee. Existing trends, past experiences and potential new developments will be discussed as they relate to development of Block 64-1A. This meeting will ensure that the design objectives of the City are fully inte- grated into the development process. Task 3: Data Collection and Review ZHA, drawing on our extensive previous analytical and technical assignments in Iowa City, will evaluate and analyze all relevant data, studies and documents available regarding the redevelopment of Block 64-1A. This analysis will be con- ducted with respect to physical design and planning issues as well as economic development and market opportunities. The objective of this effort will be to integrate all previous work efforts relevant to development of the site into the study and to understand the market dynamics of the Iowa City economy. ZHA is already well up the learning curve with respect to the physical and economic environment of downtown Iowa City. Our previous design efforts on Parcel 64-1A and the new Holiday Inn site, as well as additional related assignments in the metropolitan area assure that this task will be completed effi- ciently and effectively. ZHA will review available market analyses of office, retail and parking opportunities in the downtown; the newly completed downtown parking study; detailed architectural drawings of the_Holiday Inn', pedestrian mall 4nd related adjacent physical improvements; other related planning documents including master plans, land use plans, utility site plans, etc.; demographic analyses depicting population, changes in population, income and spending patterns in the 1151 ZUCHELLI, HUNTER & ASSOCIATES, INC. -4- Iowa City area; and, other related and available background documentation. Task 4: Confidential Interviews ZHA will supplement our evaluation of existing avail- able data with a series of confidential interviews with promi- nent local public officials, private businesspersons, other Iowa City consultants (especially those who have recently com- pleted a downtown parking study), institutional officers, real - tors, leasing agents, developers, property owners and other parties knowledgeable and concerned with real estate develop- ment in Iowa City. Key local community and business leaders who are interested or instrumental in real estate development in the area will be consulted. Since we are already familiar with many of the market area's developers, design firms and real estate professionals, we are confident that we can sub- stantially improve our analysis through this activity. ZHA will rely on assistance from City officials and their authorized representatives to 'assist us in the identification of specific parties to be interviewed and arranging specific interview times and locations. In both the interview and data review process, ZHA will devote particular attention to under- standing and expanding upon the following matters: • Current and future assumptions regarding office and retail development opportunities in downtown Iowa City. • Urban design relationships from Block 64-1A to the Holiday Inn site, pedestrian mall, existing parking structure, as well as other important areas. • Relative benefits of alternative development programs, mixed-use development, improved parking facilities and existing and future trends in retail activity in the downtown. • Existing and projected parking patterns, including supply and demand characteristics. • Existing and future anticipated vehicular and pedes- trian circulation patterns in the downtown area. • Existing land values and the cost of required public improvements. 1152 ZUCHELLI, HUNTER & ASSOCIATES, INC. -5- Task 5: Market Reconnaissance Activities ZHA shall complete a review of the development poten- tial of various real estate markets in sufficient detail to program alternative development scenarios for the project. ZHA will specifically evaluate the market potential for Block 64-1A with respect to the following market segments: public as well as private office development; retail development; and, parking. The implication of mixed-use developments on these market seg- ments will also be examined. The key component of this market analysis will be to determine the timing and phasing of various market opportunities with respect to the Iowa City economy. In particular, ZHA will complete a technical analysis which projects future development potential in the following areas: • Office Development --The nature and extent of poten- tial office development for Parcel 64-1A will be defined. Quantity, market segment and type of user will be identified. ZHA will update available data on occupancy rates, lease terms, current and future levels of market support, absorption characteristics, characteristics of existing competitive facilities and other factors essential in determining the market for additional office development at the site. Par- ticular attention will be devoted to the condominium office market in Iowa City. Retail Development --The development opportunity for additional retail development at the site in the near-term future will be evaluated. Shopping pat- terns in the downtown and surrounding competitive areas will be analyzed. Consumer spending patterns for various types of merchandise in the market area will be reviewed and analyzed with respect to trends and growth patterns for the last five years. The occupancy rates, lease terms and character and quan- tity of competitive facilities will be reviewed. Again, particular attention will be given to condo- minium -type retail facilities. • Parking Demand--ZHA's market analysis of parking requirements on Block 64-1A will consist of two activities. ZHA will xeview all available studies and data concerning parking supply and demand in the downtown. Particular attention will be devoted to the newly completed consultant study. Also, ZHA 1153 ZUCHELLI, HUNTER & ASSOCIATES, INC. will project the parking demand that will be genera- ted by development of Block 64-1A in both the near term and distant future. These two components will be used to identify the overall demand for parking that needs to be met on this development parcel. • Residential--ZHA will review the opportunity for long-term residential use of the site or portions of the site based on current and projected market condi- tions. Relevant sales prices, rent levels, market segments and supply and demand characteristics of housing in the downtown Iowa City marketplace will be assessed. Characteristics of existing competitive residential developments with respect to design, economic and other market factors will be evaluated. Rental as well as owner occupied condominium units will be reviewed. Task 6: Site and Urban Design Analysis ZHA will review the opportunities and constraints presented by development of the Block 64-1A site. This analy- sis will evaluate all physical characteristics relative to redevelopment including, but not limited to: development capacity; location and availability of required utility ser- vices; constraints imposed by existing road alignments and pedestrianways; topography and underlying soil conditions; relationships of surrounding buildings and structures, both existing and planned; traffic planning and circulation criteria; pedestrian flow and movement; relative capital improvement costs; engineering requirements; and other related factors. As appropriate, this analysis will also investigate constraints imposed by zoning, building codes, planning and design guide- lines and other design controls. Vehicular and pedestrian access and circulation will be analyzed with respect to compa- tibility with potential site development. The objective of this analysis will be to understand the potential of the exist- ing site and improvements with respect to implementing various development programs. Task 7: Opportunities and Constraints Analysis ZHA will prepare a technical memorandum summarizing the redevelopment opportunities and constraints presented by the existing site. This memorandum will be a summary of all relevant redevelopment factors, including but not limited to: site characteristics; market potential; political, economic and 1154 ZUCHELLI, HUNTER & ASSOCIATES, INC. -7- social factors; impact of existing building; legal requirements; and other important issues identified by ZHA in Phase I of this assignment. Opportunities and constraints relevant to all types of development approaches (public, private, and public/private) will be reviewed. In summary, this technical product will be a presentation of the investigation completed by ZHA in Tasks 1 through 6. Task 8: Development Programming Subsequent to the analysis of existing site data and completion of the market reconnaissance activities, ZHA will _ recommend a development program or programs for Block 64-1A. These alternatives will specify: the development use or uses; market characteristics of those uses; magnitudes of overall site development; site configuration; and other factors rele- vant to public development of this site. This development program will be based on both economic and physical criteria and form the basis of additional design and feasibility work completed in the scope of services. Task 9: Checkpoint Review Session At the conclusion of the above work task, ZHA will present all findings and analysis of completed technical work to date to Iowa City and their authorized representatives. This review will specifically address a review of the existing data; results of market reconnaissance activities; opportuni- ties and constraints presented by the site and surrounding building; and the proposed development program recommended by ZHA. In addition to these findings, ZHA will present conclu- sions with respect to market strength, site opportunity and development potential. Following this meeting, ZHA will request concurrence from the City regarding the development program concept selected for further analysis. Upon receipt of this concurrence, ZHA will begin a technical feasibility analysis of the design, costs and financial implications of this proposed development program. PHASE II: FEASIBILITY ANALYSIS Task 10: Urban Design Concept In order to accurately assess the physical implica- tions of the proposed development program, as well as realistic- ally evaluate development costs, ZHA will prepare a preliminary 1155 ZUCHELLI, HUNTER & ASSOCIATES, INC. am urban design concept. This urban design concept will be depicted with illustrative plans.and sections sufficient to fully des- cribe the scale and character of the proposed development. The plan will depict: the general location of specific site functions; key relationships to existing downtown areas; the aesthestic affect of the proposed development on the down- town; pedestrian linkages to and from the site; important land- scaping concepts and features; vehicular and service access to site functions; and, other urban design criteria required to evaluate costs and establish key urban design relationships. This analysis will form the basis of the design competition. Task 11: Preliminary Development Costs ZHA will evaluate the preliminary development costs associated with constructing and developing the recommended development concept. The objective of this analysis will be to establish the relative costs of development in order to under- stand the overall development potential. Particular attention will be devoted to: building construction; vehicular access - way construction; maintenance of rights-of-way; construc- tion of potentially required public improvements, including pedestrian walkways, street furniture and infrastructure con- struction; and, all soft costs associated with the proposed development (financing fees, developer fees, construction interest, legal and design fees, etc.). The costs will be estimated using appropriate unit costs (square foot or cubic foot) for the particular types of construction and materials envisioned. These unit costs will be adjusted for economic conditions in the Iowa City marketplace. Construction costs will include all buildings, structures, landscape improvements, parking structures and required infrastructure. ZHA will work with Iowa City officials in determining the costs of improving utilities, roadways and other infrastructure. This development cost analysis will be done in sufficient detail to form the basis of a pro forma financial analysis and establish a budget for the proposed project. Task 12: Financial Feasibility Analysis Using the development cost estimates prepared above, ZHA will prepare a preliminary financial pro forma for the pre- ferred concept. The financial parameters evaluated by this pro forma analysis will include, but are not limited to the following: likely operating income and expenses; probable financing terms and consequent debt service; resultant levels 1156 ZUCHELLI, HUNTER & ASSOCIATES, INC. MM of return anticipated with the investment; and, overall devel- opment costs. This analysis will be preliminary in nature and will be used to help determine whether the project will be a public, private or public/private type of redevelopment. This analysis will be prepared in sufficient detail to be used as a tool which displays the financial viability of the overall development concept to the City as well as the private sector development community. Sources and applications of fund statements as well as preliminary cash flow analyses will be prepared to identify all costs and revenues. . Task 13: Identification of Funding Strategy Anticipated sources and amounts of funds required to undertake the project will be identified. The potential bene- fits to the City accruing from developing Block 64-1A will be examined, and compared to required public costs in the project (if any). In addition, under this task, ZHA will identify potentially available funding sources. Working with Iowa City officials, ZHA will investigate funding sources such as industrial revenue bonds; revenue bonds; CDBG Funds; grants and loans from government bodies; general obligation bonds; and, other potential sources of funds. Sources of private funding that may be available will be outlined as is appropriate. Equity syndications, participat- ing loans from lenders, leasehold financing, urban development action grants and other creative financing techniques will be reviewed. Task 14: Checkpoint Review Session: Project Finalization Upon completion of the financial feasibility analysis and identification of a funding strategy, ZHA will meet with Iowa City and their authorized representatives to finalize the character of the proposed development project. ZHA will pre- sent its findings with respect to phasing, conceptual design, development cost estimation, pro forma financial analysis and funding strategy. The objective of this meeting will be to present a detailed feasibility analysis of the proposed pro- ject. At this checkpoint review session ZHA will present a technical memorandum summarizing the work activities described in this phase. 1157 ZUCHELLI, HUNTER IN ASSOCIATES, INC. _10 - PHASE III: DEVELOPMENT STRATEGY Preliminary Identification of Task 15: Alternative Development Strategies Concurrent with the final task activities defined in Phase II of the work program, ZHA will begin the identification and definition of alternative processes to develop Block 64-1A. Dependent on: the urban design concepts developed; the scope; the development program; and, the development objectives deter- mined jointly by Iowa City and ZHA during Phase I and Phase II, several viable alternative development scenarios may be available for the development of this site. ZHA will review all potential development strategies and identify those strate- gies most suitable for the preferred development program and concept. These alternative strategies will be grouped and compared within the following categories: • Private Development --Development of Block 64-1A as a total private deal will be investigated. In this scenario, the City will dispose of the site to a developer selected by a means that fulfills the objectives and legal requirements of the City. The advantages and disadvantages of this development scenario will be reviewed. Alternatives such as a one-time payment for land versus an installment land sales arrangement will be reviewed. The ability of the City to control the development in terms of architectural quality, urban design characteristics, development programming and other pertinent develop- ment characteristics will be reviewed. • PublicDevelopment--The advantages and disadvantages of the City developing the site without involvement of the private sector will also be considered. In this development scenario several alternative arrange- ments are possible. The City may develop the property itself, may develop the property through a quasi -public non-profit development corporation or the City may use the services of a consultant or surrogate developer to assist in arranging and completing the required development activities. This development approach is more suitable in projects with major public compo- nents (i.e., parking structures, public amenity spaces) rather than those which are primarily private or commercial in nature (retail malls and office buildings). The specific advantages and disadvantages 1151 ZUCHELLI, HUNTER IN ASSOCIATES, INC. -11- of this alternative with respect to the.preferred development concept and program will be considered. • Public/Private Partnership --The advantages and disad- vantages of a public private development arrangement will also be considered. In this scenario, the public becomes an active participant in the develop- ment process by assuming a portion of the risk asso- ciated with the development deal. Consequently, the return generated to the public sector may be greater than in either a public or private development scenario. The specific attributes of this approach relevant to the confirmed preferred concept will be identified. Task 16: Design Competition ZHA will investigate the potential for employing a design competition to formulate a final architectural concept for Block 64-1A. ZHA will identify several alternative scenarios for conducting such a design competition and together with Iowa City officials, and their authorized representatives, will establish the parameters important in governing this design competition. In this process, ZHA will review all relevant criteria affecting the competition, including, but not limited to the following: duration of competition; competition require- ments; invited versus open competition; competition prizes; advertisement of the competition; drawing and other presenta- tion requirements; competition judging; competition schedule; definition of competition program requirements; and, other matters relevant to conducting a fair, expedient and productive architectural design competition. The purpose of this task is to establish a design competition approach which best suits the needs of the City through an objective and analyti- cally oriented process. Task 17: Application of Design Competition ZHA will review the potential for applying a design competition to each alternative development strategy identified in Task 15 of the work program. A design competition is more applicable to some development strategies than others.' In this task, ZHA will review, in detail, the applicability of a design competition with the prime alternative development strategies being considered. The benefits, in terms of better control and improvement of the architectural and urban design, will be compared to the economic and other costs associated with a design competition approach. 1159 ZUCHELLI, HUNTER & ASSOCIATES, INC. -12= Task 18: Comparison of Alternative Development Strategies ZHA will prepare a technical memorandum summarizing the alternative development strategies for Block 64-1A of downtown Iowa City. This memorandum will devote particular attention to investigating the applicability of a design compe- tition to these alternative development strategies. It will convey a summary of ZHA's technical effort in Tasks 15, 16 and 17. As part of the methodology of this analytical process, ZHA will prepare a matrix comparison of the prime alternative development strategies. Checkpoint Review Session Task 19: Identify Development Strategy Following completion of the above work task, ZHA will meet with Iowa City officials, and their authorized representa- tives, to select a preferred alternative development strategy. At this meeting, ZHA will present the technical memorandum prepared in Task 18 above and will make recommendations regard- ing a preferred development strategy. Review of Development Strategy Task 20: With Development Community Before finalization of a development strategy, ZHA will review the preferred development concept and recommend a development strategy with selected potential developers of Block 64-1A. With assistance from Iowa City, ZHA will select several development entities knowledgeable of the Iowa City marketplace who specialize in the type of development being proposed. This task is intended to assess the interest of potential parties in the development project and to evaluate their willingness to participate in the development strategy which has been identified. This review will ensure that the identified project and process is marketable to the development community. Review of Development Strategy and Design Task 21: Competition With Potential Competition Entrants Before finalization of a development strategy, ZHA will review the preferred development concept, recommended development strategy and potential design competition with selected, interested design firms. With assistance from the City, ZHA will select several architectural and urban design firms knowledgeable with the Iowa City area and the type of IM) ZUCHELLI, HUNTER & ASSOCIATES, INC. -13- project envisioned, who are interested in entering a design competition process. This task is intended to assess the interest of potential participants and refine the competition process. This review will ensure that the identified process has the maximum potential for success introducing a quality architectural design and urban environment. Task 22: Checkpoint Review -Confirm Development Strategy Following completion of review sessions with the development and design communities, ZHA will meet with Iowa City officials, and their authorized representatives, to final- ize all elements of a development strategy and design competi- tion processes. This meeting is envisioned as a workshop session in order to present new information, discuss refinements and alternatives and finalize the processes to be implemented in the development of the site. Subsequent to this meeting, ZHA will make any required changes to the recommended develop- ment strategy. PHASE IV -IMPLEMENTATION (UNFUNDED) Subsequent to the final zation of a development strategy, ZHA will be available to assist Iowa City in implementing the land disposition and development process and/or the design competition. ZHA will be able to further define its role in Phase IV of this Scope of Services after the preliminary deci- sions with respect to the development strategy and design competition have been made. IM RESOLUTION NO. 84-305 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 Ground Round Restaurant --830 South Riverside Drive Coaches Corner Lounge --1220 Highway 6 West 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 Raker X Dickson Erdahl X McDonald X Strait X Zuber Passed and approved this 4th day of December 19 84 yor Attest: %%�,a�Q�� � 2L J Cid Clerk' RESOLUTION NO. 84-306 RESOLUTION ACCEPTING THE WORK FOR THE REINFORCED CONCRETE BOX CULVERT AT FIRST AVENUE AND NORTHEAST BRANCH OF RALSTON CREED PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Reinforced Concrete Box Culvert at First Avenue and Northeast Branch of Ralston Creek Project as includedin a contract between the City of Iowa City and Iowa Culvert Builders. Inc. of Sigourney. Iowa dated August 1 .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: herewere: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 4th day of December 19 84. ATTEST: llh,,J 2 CITY CLERK ty 6M N, -rove 1163 RESOLUTION NO. 84-307 RESOLUTION ADOPTING SUPPLEMENT NUMBER -22 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 22 supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 2_ 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 22 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 Ambriscd-- x Baker X Dickson X Erdahl x McDonald x Strait X Zuber Passed and approved this 4th day Qf December , 198 ATTEST: CITY CLERK Tose it=,t: ii.�s�`:sti•a 1164 RESOLUTION NO. 84-308 RESOLUTION APPROVING THE PRELIMINARY SUBDIVISION PLAT OF RUPPERT SUBDIVISION OF JOHNSON COUNTY, IOWA, AND THE PRELIMINARY 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, Katharine C. Hogan and Eugene Hogan, Rosamond V. Cooper and Dean Cooper, Robert L. Ruppert and Maxine Ruppert, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Ruppert Subdivision, and the contract buyers of Lot 1 of said subdivision, Marvin D. and Verna M. Hartwig have filed with the City Clerk of Iowa City an application for approval of the preliminary Large Scale Non -Residential Development plan for MHI Auto Center; and WHEREAS, the plat and the plan include certain land owned by the State of Iowa, which the owner and developer intend to acquire in order to construct the frontage road shown on the plat, but cannot do so until the City has given approval to the preliminary plat; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and the proposed preliminary Large Scale Non -Residential Development plan and have recommended approval of same; and WHEREAS, the preliminary plat and the preliminary Large Scale Non -Residential Development plan have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plat and the plan be accepted and approved with a waiver of preliminary plat requirements for all except Lot 1 of the subdivision, and a waiver of sidewalk require- ments, subject to rezoning of the property to CI -1 and the resolution of the frontage road issue; and WHEREAS, the preliminary plat and the 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: That, subject to rezoning of the property to CI -1 and the resolution of the frontage road question, the preliminary plat of Ruppert Subdivision is hereby approved with a waiver of preliminary plat requirements for all except Lot 1 of the subdivision, and a waiver of sidewalk requirements. That, subject to resolution of the rezoning and frontage road questions, the preliminary Large Scale Non -Residential Development Plan of MHI Auto Center is hereby approved. That if the land required for the frontage road is not acquired, approval of the preliminary plat of Ruppert Subdivision and of the preliminary Large Scale Non -Residential Development Plan of MHI Auto Center shall be revoked. 1165 Resolution No. 84 Page 2 4. 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 and the preliminary Large Scale Non -Residential plan after passage and approval by law. 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 dad of December 1984. ATTEST: / ,��AJ —P 77e� CITY—CLERK rm I" vstz_ i 11106 / 1 RESOLUTION NO. 84-309 RESOLUTION TO REFER THE ZONING ORDINANCE BACK TO THE PLANNING AND ZONING COMMISSION FOR RECONSIDERATION IN VIEW OF THE IOWA DISTRICT COURT DECISION IN HOME TOWN DAIRIES V. IOWA CITY HOLDING, AMONG OTHER THINGS, THAT THE CITY HAD NOT FOLLOWED PROPER PROCEDURES IN ITS ADOPTION. WHEREAS, the City Council adopted a new Zoning Ordinance (Ordinance No. 83-3160) on December 20, 1983; and WHEREAS, Home Town Dairies challenged that ordinance in a lawsuit filed in the Iowa District Court in and for Johnson County (Equity No. 47187); and WHEREAS, after trial of that lawsuit, the Trial Court ruled, among other things that, at least as it relates to Home Town Dairies, the Zoning Ordi- nance is invalid because of defects in the procedures followed in its adoption; and WHEREAS, although the City Attorney believes that the Trial Court's ruling is erroneous and would be reversed upon appeal, he has recommended that the City avoid uncertainty during what could be a prolonged appeal period, as well as the additional cost of such an appeal, by having the ordinance readopted pursuant to applicable statutory procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT: The Planning and Zoning Commission is hereby requested to reconsider the City's Zoning Ordinance in accordance with appropriate statutory procedures and submit its recommendations regarding that ordinance to the City Council. It was moved by Amhricrn and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES NAYS Passed and approved this 4th d ATTEST: CIT'` CLERK ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait x Zuber of December , 1984. P.eteKOtl a Approved kY�T.i Git;iel bop o1N► .,„..... RESOLUTION NO. 84-310 RESOLUTION ADOPTING POLICY AND LEVEL OF SERVICE STATEMENT FOR SNOW AND ICE REMOVAL. WHEREAS, it is the intent of the City to remove snow and ice from city streets in such a manner as to minimize disruption of service to the travel- ing public; and WHEREAS, in order to accomplish the foregoing goal it is necessary to establish appropriate policy and procedures, and WHEREAS, Subsection 2 of Section 10 of House File 2487, passed by the Seventieth General Assembly of the Iowa Legislature, provides that a munici- pality shall not be assigned a percentage of fault for failure to remove natural or unnatural accumulations of snow or ice, or to place sand, salt, or other abrasive material on a highway, road, or street if the municipality establishes that it has complied with its policy or level of service for snow and ice removal or placing sand, salt or other abrasive material on its highways, roads, or streets, and WHEREAS, a public hearing was held on December 4, 1984, to receive public comments concerning the proposed policy and procedures for snow and ice removal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a policy and level of service statement for snow and ice removal for the City of Iowa City is hereby adopted and such policy and level of service statement hereby is made a part of this resolution by reference. 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 December , 1984. /J iz Zx � V4/ ATTEST: RtwNed A A rovod Ey Tho Legal bepsrhr�rtt 1161 CITY OF IOWA CITY POLICY AND LEVEL OF SERVICE STATEMENT FOR SNOW AND ICE REMOVAL Level of Service Statement It is the City's intent under this policy to treat and remove snow and ice from city streets in a manner which will minimize disruption of service to the public consistent with the allocation of assigned manpower, equipment and materials. In addition, information will be available to the public concern- ing the condition of city streets during periods of inclement weather. Priorities There are approximately 184 miles of streets and approximately 17 miles of alleys located within the city limits of Iowa City. These trafficways are separated into four priority rankings for executing snow and ice removal procedures. The four rankings are as follows: first priority - bus and hospital emergency routes; second priority - heavily traveled arterial and collector streets and residential streets with steep slopes; third priority - all other arterial, collector, and residential streets; and, fourth priority - alleys. Procedures The city is divided into eight snow and ice control areas. Streets within each area are treated with chemicals and abrasives and/or plowed in order of priority. Depending on weather conditions, work will continue until all required chemical and abrasive treatment and snowplowing operations are completed. Alleys will be plowed only during normal working hours and only after snow and ice removal work has been completed on all streets. Alleys will not be treated with chemicals and abrasives. For a period of one year after the completion of new paving, chemicals will not be placed on newly constructed Portland cement concrete streets. Snow and ice control opera- tions will be initiated by the Public Works Director, or designee. The following pieces of equipment generally are utilized for snow and ice control operations: Primary equipment Trucks mounted with snowplows and salt/sand spreaders - 8 Secondary equipment Trucks mounted with snowplows - 3 Motor patrol - 1 Wheel endloaders - 2 Snowblower - 1 The actual pieces of equipment utilized for snow and ice operations will be determined by the Public Works Director. A9 2 Personnel Snow and ice control operations are the responsibility of the Street Division of the Public Works Department. The Street Division has 16 personnel assigned to snow and ice control operations. These 16 people are divided into two teams of eight. The Street Superintendent and the Assistant Street Superintendent function as team supervisors. One employee from each team is assigned to each of the eight snow areas. Each team is on continuous standby call on alternating weeks throughout the winter to insure that sufficient help is available at any time. When an around-the-clock snow and ice control operation is necessary, the two teams work continuous rotating shifts. Work hours are established to allow a maximum of 12 continuous hours of work, except that, an employee may work 16 hours on the first shift after the arrival of a storm. Weather Deoendenc Planning and preparing for snow and ice control is difficult due to the uniqueness of each storm. The interrelationship of factors such as rate of snowfall, moisture content, accumulation, temperature during and after a storm, time of day, and wind velocity determine the uniqueness of each storm. Having access to current weather information is essential for a successful snow and ice control operation. At the present time, the City contracts with a weather forecasting service to augment the U.S. Weather Bureau forecast, resulting in more accurate weather forecasting and providing easier access to around-the-clock early warning weather forecasts. The temperature at the time of a storm will also affect snow and ice control operations. Snow falling on a warm pavement may disappear with little effort. A moderate storm coupled with a prolonged sub -freezing period will greatly increase the required snow and ice removal effort. The type of snow will also have an effect on the snow removal effort. Light, dry snow handles more easily than wet snow. For periods other than normal working hours, the Police Department monitors the effects of a storm on city streets and notifies the Street Division if action appears to be required. Snowplowing Snowplowing begins when there is an accumulation of three inches or more of snow on the streets and more is expected. Streets are plowed in order of priority and after all streets in a given priority are deemed to be in an acceptable driving condition by the Street Superintendent, snowplowing begins on streets having the next priority and so on until all streets have been plowed. All streets will be plowed to within 18 inches of the curb unless restricted by parked vehicles. Snow will be removed from the street and hauled from the site when, due to multiple snow storms or excessive drifting, snow stored along the street begins to encroach upon the traveled portion of the roadway. A truck mounted with a snowplow and a salt/sand spreader (primary equipment) is assigned to each of the eight snow and ice control areas. All other snowplowing and removal equipment (secondary equipment) is utilized as necessary to provide backup support for the primary equipment. Mo Chemical and Abrasive Treatment Chemical and abrasive treatment consists of spreading sand or a mixture of sand and salt on the street surface to improve traction and generate the effective melting of ice and snow at low temperatures. Sand and salt is also applied when plowing snow to prevent the snow from packing and bonding to the street surface. Depending on weather conditions, when there is an expected accumulation of less than three inches of snow, the use of sand and salt is the accepted procedure for removing snow and ice from street surfaces. Sand and salt is routinely applied at locations that are difficult to negotiate, such as major street intersections and streets with steep slopes. Sand only is applied on newly constructed Portland cement concrete streets for a period of one year. Central Business Area Streets and alleys in the central business area are treated separately from other snow and ice control operations because snow storage within the central business area street and alley rights-of-way is not desirable. Snow removal is normally accomplished by melting with chemicals or by hauling the snow from the area. Snowplowing procedures are utilized only to the extent that storage of snow along the traveled portion of the roadway will not inhibit vehicle movement in and out of parking stalls. When snow removal operations begin, streets and alleys in and near the central business area are sanded and salted. Snow is not hauled from the area unless there is an accumulation of three inches or more and the temperature is too low for the sand and salt application to effectively melt the snow. Snow is not hauled from the central business area during the day unless the streets and alleys become impassable. Snow hauling operations do not usually begin at night until a snow storm has subsided. If it is snowing at 9:00 p.m., streets are pass- able, and snow is predicted to continue falling throughout the night, snow hauling operations will not normally begin until the following night. Snow hauling operations in the central business area include the following streets and alleys: Capitol Street from Burlington Street to Washington Street; Clinton Street from Harrison Street to Market Street; Dubuque Street from Court Street to approximately 150 feet north of Burlington Street; and from Washington Street to Iowa Avenue; Linn Street from Court Street to Iowa Avenue; Van Buren Street from Washington Street to Iowa Avenue; College Street from Linn Street to Van Buren Street; Washington Street from Madison Street to Van Buren Street; Iowa Avenue from Clinton Street to Van Buren Street; and all City -owned alleys bounded by Clinton Street, Gilbert Street, Burlington Street, and Iowa Avenue. Declaration of Snow Emergency Iowa City Code of Ordinances Chapter 23, Section 297, applies. Accident Reports The Police Department shall provide a copy of all accident reports to the Traffic Engineer. Based on a review of these reports, the Traffic Engineer may make recommendations relating to the Policy and Level of Service State- ment for Snow and Ice Removal. IN n Complaints There shall be no deviation from this Policy and LevPl of Service Statement for Snow and Ice Removal, based upon complaints, without written direction from the Director of Public Works or the City Manager. All complaints will be forwarded to the office of the Street Superintendent. This office will document in writing each complaint together with the action taken, including employees and equipment involved. Sidewalks The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of time in accordance with the provisions of HF359, as passed by the Seven- tieth General Assembly of the Iowa Legislature. Previous Policies This document supersedes all previous written policies and unwritten prac- tices. Operations Manual The Snow and Ice Operations Manual of the Streets Division, Department of Public Works, is hereby made a part of this policy and level of service statement. Notification of Public An automatic answering service will be installed to provide information to the public, including the news media, concerning the status of the City's snow and ice control program. Every message placed on the equipment will be prepared in writing before entry on the equipment and then will be filed. cs/sp CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS STREET DIVISION SNOW AND ICE REMOVAL MANUAL 1113 INDEX Page Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . Chain of Command . . . . . . . . . . . . . . . . . . . . . . . Team List . . . . . . . . . . . . . . . . . . . . . . . . . . . Street Division On -Call List . . . . . . . . . . . . . . . . . . Equipment Division On -Call List . . . . . . . . . . . . . . . . Equipment Maintenance Procedure (Equipment Division). . . . . . Press and Weather . . . . . . . . . . . . . . . . . . . . . . . Accu -Weather Form . . . . . . . . . . . . . . . . . . . . . . . Snow and Ice Control Policy . . . . . . . . . . . . . . . . . . Plow/Chemical & Abrasive Route Maps . . . . . . . . . . . . . . Bridge Sidewalk Snow Removal . . . . . . . . . . . . . . . . . . Snow Fence Locations . . . . . . . . . . . . . . . . . . . . . . 1�1y 11144 is I I SNOW AND ICE CONTROL OPERATIONS The Director of Public Works, or designee, will authorize snow or ice control procedures. Weather data will be obtained by the Street Division office from a contracted weather service and/or the U.S. Weather Bureau. Time is a critical factor in the implementation of any snow or ice control program. All equipment must be maintained in a state of readiness so that when the order to commence an operation is given, the work can begin within the shortest possible period of time. Working shifts as provided in this manual shall be followed. The following is a list of general policies that will be adhered to in snow and ice control operations; however, changes may be made as indicated by the uniqueness of each storm. nTPPCTTVES: 1. Two workers will be assigned to each of the eight snow and ice routes beginning approximately the last week of November and ending approximate- ly the third week of March. 2. Chemical and abrasive spreaders and plows will be mounted on Street Division trucks approximately the third week of November and remain on until approximately the third week of March. 3. At the completion of any chemical and abrasive application the spreaders shall be emptied, then washed, greased and oiled. The condition of plow blades will be checked by each driver. 4. The Street Division will be divided into two on-call teams - Team A and Team B. Each worker will be assigned to a team for snow and ice control operations. 5. At the initial start of operations, a team may be on duty for 16 hours. After the initial shift, the shifts will be 12 hours off and 12 hours on. No team will be on duty more than 16 continuous hours. 6. Each worker will be assigned to one week of duty as the team member on-call during off hours to apply chemicals and abrasives or plow snow at specific locations when only a single worker is needed. In all cases the team member on-call is to notify the Director of Public Works or his designee if he/she feels a decision to implement a full-scale snow and ice control operation is necessary. The Police Department will be notified by the team supervisor of the time when snow and ice operations will be ending at night and the time when they will resume in the morning. 7. During plowing and spreading operations, each driver will record and report his/her start time and his/her finish time as each priority route is completed, plus the reason for and the time of any deviation that has occurred. V5 2 8. Chemical/Abrasive Application. Prior to and during plowing operations, a chemical/abrasive application will be applied for: A. Initial melting; B. Continuance of melting after plowing operations; C. Breaking of the snow bond with the street. 9. Chemical/Abrasive Mixture. Materials will be prepared as follows: One (1) part salt to four (4) parts sand as the normal mixture. 10. Straight sand will be used on new Portland cement concrete streets for a period of one (1) year. 11. Plowing operations will begin after the snow depth exceeds three inches. 12. Snow Hauling. Snow hauling operations are as follows: A. In the Central Business area, snow will be hauled between midnight and 7:00 a.m., unless an emergency requires altering these times. B. In metered areas where parking signs are presently posted, hauling will occur between 2:00 a.m. and 6:00 a.m. C. Any area without parking signs will be posted 48 hours in advance of a hauling operation. D. Notification will be given to the Police Department by the Street Supervisor prior to any snow hauling. 13. No coffee or meal breaks will be taken by any driver within the first two (2) hours after the implementation of a full-scale snow or ice control operation. 14. At the close of each day the Street Supervisor will notify the Police Department as to which person will be on-call during off hours in case there is a need to implement the snow and ice control program. 15. Cul-de-sac streets will be plowed during normal priority route routines. However, truck mounted snow plows, because of tight turning movements, cannot effectively clear snow from circular cul-de-sacs; and therefore, after street snow removal operations cease, endloaders will be sent out to complete the snow control operation on cul-de-sac streets. The Snow/Ice Operation Documentation Form will be completed for every cul-de-sac when the endloader has completed the operation. 16. Requests received by the Street Division will be documented on the Snow/Ice Request Form, checked out by an employee assigned by the on -duty Street Supervisor and a driver and equipment will be dispatched when deemed necessary by the on -duty Street Supervisor. If a piece of equipment is in the immediate area of the request, the operator will proceed to the request area to provide the necessary snow and ice control operation. CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS -STREET DIVISION SNOW/ICE REQUEST FORM DATE: REQUEST: FROM: AREA: DEVIATION: CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS -STREET DIVISION SNOW/ICE REQUEST FORM DATE: REQUEST: FROM: AREA: DEVIATION: Im 4 EQUIPMENT MAINTENANCE PROCEDURE (Equipment Division) At all times during Snow and Ice Control Operations, snow and ice control equipment is placed at the top of the repair and maintenance priority list. After each Snow and Ice Operation has been completed all equipment will be cleaned thoroughly, the hoppers of Fox spreaders filled with oil and greased and wrapped with plastic (if Fox spreaders are dismounted), snowplows waxed, flags on plows repaired, plows greased, a request for mechanical repairs filled out and turned into the Equipment Superintendent with a copy to the Superintendent of Streets. The goal is to stock sufficient replacement parts to repair Snow and Ice Control equipment with a minimum of down time. RESOLUTION NO. 84-311 RESOLUTION AUTHORIZING THE FILING OF A PROGRAM DESCRIPTION FOR 1985 RENTAL REHABILITATION GRANT FUNDS IN THE AMOUNT OF $70,000. UNDER SECTION 17 OF THE UNITED STATES HOUSING ACT OF 1937, INCLUDING ALL UNDERSTANDINGS AND CERTIFICATIONS CONTAINED THEREIN, AND DESIGNAT- ING THE CITY, MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is eligible to receive formula grants for rental rehabilitation under Section 17 of the United States Housing Act of 1937; and WHEREAS, $70,000 in Rental Rehabilitation Grant funds have been allocated to the City of Iowa City for federal fiscal year 1985; and WHEREAS, a•Program Description has been developed so as to fulfill the primary objectives and intent of the Rental Rehabilitation Grant Program; and WHEREAS, the City of Iowa City has provided residents of the community with opportunities to comment on said Program Description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOIJA CITY, IOWA, that the City Manager of Iowa City be and is hereby authorized and directed to: 1. File with the U.S. Department of Housing and Urban Development a Program Description for 1985 Rental Rehabilitation Grant funds under Section 17 of the United States Housing Act of 1937. 2. Provide all necessary information, understandings, and certifications required by the U.S. Department of Housing and Urban Development in connection with said Program Description. 3. Act as chief executive officer in connection with said Program Descrip- tion and to conduct and administer a rental rehabilitation program in conformance with the requirements of the U.S. Department of Housing and Urban Development. 1119 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 _ STRAIT x ZUBER Passed and approved this 4th day of December , 1984. AYOR ATTEST: M12,t/('� 4�4 A-) CITY -CLERK Rocthr.-A P. Lkv Thi Loa's! LJ4.'f 7` �eii TIRO PROGRAM DESCRIPTION: RENTAL REHABILITATION GRANT PROGRAM Approved and Submitted by: The City of Iowa City, Iowa December 1984 DRAFT 1W OMB APDrmral Na. 29 -RMB 12{-101 STANDARD FORM 424 PAGE 1 (IOJT Nonmed By GSA. Fact" LEamomnm .8 ClreaL r TJ -T FEDERAL ASSISTANCE L APPLI• a NUMBER L STAR .. NUMBER CANT'S APPLI• N.A. APPL)CA• ONTF N.A. 1. TYPE ❑ PREAPPLICATION a. DATE 0. DATE rad, month dee ACTION ❑ APPLICATION CATION Y� smth day 19 FIu ATICNED 19 ❑ NOTIFICATION OF INTENT (OFL) Eeda ' p(Mn.PrLan•af�P• osa ) ❑ REPORT OF FEDERAL ACTION StewA 4 LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. a.Bleakest Nam : City of Iowa City 42-600=4805 S. a. Oaealatlan Unit snawP.o. am 410 E. Washington St. a. NUMBER 1114 1- 1213101 a. TIME d. city Iowa City B. Caned : Johnson GRAM 1. Saba : Iowa 4ZIP Com: 52240 FddnJ Rental Rehabilitation L Contact Farm (Mama Cetaba) Grants E a lalaPAond Na.) : James A. Henci n (319/356-5244 8 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT t. TYPE OF APPLICANT/RECIPIENT ' A-StateH-Ca emiq ACUm Aim" 1985 Rental Rehabilitation Pro ram 9 54.1antna I- HiaN Educational lnrllbNea FS,aetate ),Indian Trim District K-Olnr (SD.ad/y): See attached description. E -Cal, �a ,, FBmtial Nrpw Dump Enter appr."ist, hater 9. TYPE OF ASSISTANCE A U.W Giant D-mwma B-SualaamW Gram E-0Da green aP1re- C-Lam Priata Otte/U 11L AREA OF PROJECT IMPACT (Name, of 6".. caawt)en. 1L ESTIMATED NUM- IL TYPE OF APPLICATION Stefan, ate.) DER OF PERSONS A -Nm C-R W,im E-AUOnrbtim Iowa City BENEFITING 5-Roamll D-Gnlinuun 50 508 s"`°' .,P.oyr w i.tm 13. PROPOSED FUNDING 16 CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (Far JR, ar 12a) Mucmad Callus F-0IBY (Svedfv)i B-oc.a. DMlan FEDERALf .(Ili a• APPucuR 0. PRDIECT .Third Third Dc-tanene'an0untlaN.A. ,p 16 PROJECT START 17. PROJECTllv OAT 9 YFRE aypY qpy DURIITLON R"� RAMCkff 00 Mww Lsam" 'DoU. ESTIMAT A7 ATFOTO Yawl day 19. EXISTING FEDERAL IDENTIFICATION NUMBER BE FEDERAL AGENCY► 19 84 12 10 f ,00 L AGENCY TO RECEIVE REQUEST (Naeem, City, Stab. EJP nada) 2L REMARKS ADDED Department of Housinq & Urban DeVelo ment Omaha NE 68102 ❑ Yea ® No 22. B. To tea band al ml Lnodeaaa ad balid, 0. II maim y OMD ClmW A-55 this applimHan ns W"itM. aaavanf In in No Redounds data In Db lead u0whaallmUm an st maem Darold, b appropriate daadnaaum and W raamau m aaa u a: dyaua aurid d THE Due ad tcrraL thedaaaast IW Garr APPLICANT dull evthrim, A tae Laambt awry d (1) N.A. ❑ ❑ CERTIFIES the amlleant and the amlieaat .led eaawr THAT I. with 1M aOuaad amraner 11 tea .sold- ❑ ❑ am Is app,an 0) ❑ ❑ YS A TYPED NAME AND TTLm L SIBNAIURE L DATE SIGNED CERTIFYING Neal G. Berlin 7. neve`'' dv REPRE, SENTATIVL Cit Manager 19 2B. AGENCY NAME 25. PPLICJM Yw mesh day TIORECEIVED 19 SB. ORGANIZATIONAL UNIT D. ADMINISTRATIVE OFFICE 2L FEDERAL APPLICATION IDENTIFICATION 2A ADDRESS 30. FEDERAL GRANT IDENTIFICATION S1. ACTION TAKE) 3L FUNDING Year aomth day 34. Year month day STANTING ❑ A AWARDED a. FEDERAL f .00 39. ACTION DATE) 19 DATE 19 0. BEIECTED a. ,APPLICANT •00 3S CONTACT FOR ADDITIONAL INFOR6IM 36 Yee, aonth day ❑ TION (Nano and blapt. numarr) ENDING ❑ t. RENRNED FCR G STATE .00 DATE 19 d. LOCAL .00 37. REMARKS ADDED - AMENDMENT ❑ L DETERRED 4 OTHER .W L TOTAL f .00 ' ❑ a RRNORAYFN ❑ Yes UNG 3B. A In taking abm apron. an•/ eaiaramb isceived Tray dearinaMma mare end• I 0. FEDERAL AGENCY A-95 OFFICIAL dderad. It ataap manned in dna under amain. of Pan 1. OMB ClnuU, AAS• (Na., and W,yAaru na) FEDERAL AGENCY it bed been ar is min nada. A-95 ACTION 12{-101 STANDARD FORM 424 PAGE 1 (IOJT Nonmed By GSA. Fact" LEamomnm .8 ClreaL r TJ -T RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY, IOWA I. PROGRAM ACTIVITIES The City of Iowa City proposes to continue a rental rehabilitation program using $70,000 allocated under Section 17 of the United States Housing Act of 1937, along with 14 Section 8 housing certificates which are to be made available for this program. The City's objectives for conducting the rental rehabilitation program include: a. Encouraging rehabilitation of rental properties in neighborhoods that currently offer housing for lower income residents.' b. Making the rehabilitation of such properties economically feasible. c. Using Rental Rehabilitation Grant funds to leverage private invest- ment in target neighborhoods. d. Expanding the City's housing rehabilitation program beyond its traditional emphasis on owner -occupied housing. Through this program, the City expects to provide rehabilitation financing for at least 14 rental units located in small (1-11 unit) properties. Assistance will be limited to 50 percent of eligible rehabilitation costs, up to $5,000 per unit. All units will be required to meet the minimum standards of the Iowa City Housing Code upon completion of rehabilitation. The minimum level of rehabilitation will be $600 per unit and based on actual Housing Code deficiencies deter- mined by the City. Section 8 housing certificates will be used by the City to: a) assist lower income families residing in units to be rehabilitated, b) assist lower income families who must move from the units being rehabilitated, and c) assist lower income families who move into the rehabilitated units. II. NEIGHBORHOOD SELECTION Target neighborhoods for the rental rehabilitation program have been formally designated by the Iowa City Council (see Exhibit A). The following criteria, verified through census and other available data, were considered in selecting target neighborhoods: a. Median Income - The median income of the target neighborhoods must not exceed 80 percent of the median income for the Iowa City MSA. b. Lower Income Persons - The target neighborhoods must have a majority (51 percent or more) of lower income residents. 110 Rent Affordability - Information obtained for a rental housing survey conducted by the City earlier this year indicates that the older neighborhoods in Iowa City (those targeted for rental reha- bilitation) contain a variety of rental units that offer rents affordable to lower income families, i.e., comparing actual rents to HUD's Fair Market Rents for the area. In addition to insuring that target neighborhoods offer such affordability, the City has selected neighborhoods that are stable in terms of new construction which tends to increase overall rents in a neighborhood'. III. LOWER INCOME BENEFIT The City 'proposes to set its lower income benefit at 70 percent in order to minimize the displacement of tenants in projects to be rehabilitated. Project selection criteria presently stipulate that at least 70 percent of the units in a project must be occupied by lower income families, as defined by HUD, upon completion of -the rehabilitation. The City will verify the income of all tenants, and Section 8 housing certificates will be made available to those who are eligible to receive them. IV. USE OF RENTAL REHABILITATION GRANTS FOR HOUSING FOR FAMILIES V. Under the terms of the City's rental rehabilitation program guidelines, the administering staff will be charged with verifying and insuring that at least 70 percent of all rehabilitated units contain two or more bedrooms. In addition, at least 15 percent of the City's Rental Rehabilitation Grants will specifically be allocated to units of three or more bedrooms. The City's project 'selection criteria stipulate that a preference will be given to accepting proposals to rehabilitate units containing two or more bedrooms. These criteria and the program's terms and conditions further stipulate that the owner of a project must comply with the Iowa City Human Rights Ordinance with regard to non-discrimina- tion against families with children. IN.SUBSTANDARD CONDITION The City's project selection criteria stipulate that a priority will be given to rehabilitating projects containing substandard conditions that are occupied by very low-income families, as defined by HUD, before rehabilitation. The condition and occupancy of all units will be verified by the City prior to the acceptance of a project proposal. VI. SELECTION OF PROPOSALS The City anticipates conducting an extensive marketing campaign to solicit rental rehabilitation proposals. This would include advertise- ments, public meetings, contact with local realty and rental owner groups, and direct, personal contact with rental property owners. Similar to the way in which the City's owner -occupied housing rehabili- tation program is conducted, proposals will be considered on a "first come, first served" basis as long as funds are available. 134 3 i The standards by which proposals will be selected include the follow- ing: a. Project location - The project must be located in a designated target neighborhood. b. Lower income occupancy - At least 70 percent of units in a project must be occupied by lower income families upon completion of the rehabilitation. c. Housing for families - A Oreference will be given to accepting proposals to rehabilitate units containing two or more bedrooms so that at least 70% of the City's grant is used to rehabilitate, units of two or more bedrooms, and 15% of the City's grant is used to rehabilitate units of three or more bedrooms. d. Very low-income occupancy - A priority .will be given to rehabilitat- ing projects occupied by.very low-income families. e. Substandard conditions - The units to be rehabilitated must contain one or more substandard conditions as determined by the Iowa City Housing Code and require at least $600 per unit to remedy the substandard conditions. On the other hand, the City will not fund more than 50 percent of the rehabilitation costs, up to $5,000 per unit, through the rental rehabilitation program. f. Maintenance and operation - Each proposal must demonstrate that the rental units can be adequately maintained and operated given proposed'after-rehabilitation rents. VII. FINANCIAL FEASIBILITY The City will require the submission of a project pro forma as part of each proposal to show that the project can be accomplished within the limits of the rental rehabilitation program. A letter of commitment for the non-federal portion of the rehabilitation costs will be required prior to the approval of an application. VIII. NEIGHBORHOOD PRESERVATION The rental rehabilitation program is consistent with the City's Community Development Plan and Housing Assistance Plan. It will impact those neighborhoods which the City desires to preserve by upgrading a minimum of 14 rental housing units. IX. SCHEDULE FOR COMMITTING RENTAL REHABILITATION GRANT FUNDS Assuming a program starting date of February 1, 1985, the City expects to obligate at least 50% of its rental rehabilitation grant funds for specific projects by June 30, 1985, and 100% of those funds by January 31, 1986. (See Exhibit B.) 4 X. NON-DISCRIMINATION AND EQUAL OPPORTUNITY The City's rental rehabilitation program will be conducted and admini- stered in a manner consistent with HUD requirements at 24 CFR 511.10(m). The City has developed and adopted an affirmative marketing plan that conforms with the requirements of 24 CFR 511.10(m)(2). The plan will be implemented during all project selection and later phases. The City will require compliance with the conditions of its affirmative marketing plan by means of an agreement with the rental property owner that will be applicable for a period of ten years from the date of completion of the rehabilitation. XI. GRANTEE'S ORGANIZATIONAL STRUCTURE The Rental Rehabilitation Program will be administered by the City's Department of Planning and Program Development. The local program contact is: James A. Hencin, COBG Program Coordinator 410 East Washington Street Iowa City, Iowa 52240 Telephone: (319) 356-5244 XII. PHA PARTICIPATION Under the provisions of Iowa law, the City of Iowa City functions as the local housing authority, operating a Section 8 existing housing program and public housing. Therefore, participation in the rental rehabilitation program is assured. The 14 Section 8 certificates allocated for this program will be administered by the City. The PHA contact person is: Lyle G. Seydel, Housing Coordinator 410 East Washington Street Iowa City, Iowa 52240 Telephone: (319) 356-5138 At -P IMPLEMENTATION SCHEDULE FOR 1985 RENTAL REHABILITATION PROGRAM Activity Program Preparation & Marketing Project Selection -Applications & screening -Inspections & deficiencies write-up -Owner/tenant eligibility determinations -Financial feasibility determination Obligate 50% Grant Funds Project Monitoring -Rehab. work progress & payments -Tenant assistance Obligate 100% Grant Funds Project Completion *Assumes grant awarded on or before 2-1-85 1st 2nd 3rd 4th Quarter Quarter Quarter Quarter I- - - - - -- - - J EXHIBIT B RENTAL REHABILITATION PROGRAM CERTIFICATIONS (5) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in conformity with the requirements of 24 CFR 511.10(m); and (6) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in accordance with the requirements of 24 LFR Part 511. The grantee certifies that: LU (1) The submission of this Program Description is authorized under State LU f and local law (as applicable), and the grantee possesses the legal o. = authority to carry out the Rental Rehabilitation Program described X j herein, in accordance with 24 CFR Part 511; o; = t (2) The grantee's Rental Rehabilitation Program was developed after consultation with the public and its description of program wactivities in the °Program Activities" section of this Program z Description has been made available to the public; o: '. L (3) (Check if this paragraph is applicable.) O _ The grantee's lower income benefit standard is hereby reduced to 70 a percent as provided by 24 CFR 511.10(a)(2). The discussion of lower C3 income benefit in this Program Description -contains a specific LU explanation of the reasons why this reduced benefit standard is t necessary, which explanation complies with 24 CFR 511.10(a)(2). of M (4) The grantee has adopted a written tenant assistance policy.conforminy to the requirements of 24 CFR 511.10(h)(2), and such policy will be made available to the public on request; (5) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in conformity with the requirements of 24 CFR 511.10(m); and (6) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in accordance with the requirements of 24 LFR Part 511. December 4 , 1984 The City Council of Iowa City, Iowa, met in-rQguar____ session, in the Council Chambers, Civic Center, 416 E. Washington Street, Iowa City, Iowa, at 730 o'clock p_.M., on the above date. There were present Mayor Mnnnajd , in the chair, and the following named Council Members: Ambrisco, Baker. Dicks0n,_Erdab1 Strait Absent: Zuber -1- AHLERS, COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 11,.,E The Council then discussed the matter of constructing sanitary sewers of 36" reinforced concrete pipe, generally described as the Taft Speedway Sanitary Sewer Extension Project 1985. A petition and waiver, duly executed by owners of property to be assessed for the proposed public improvements, was offi- cially filed with the Clerk of said City. Whereupon, Council Member Ambrisco_ _ introduced the following resolution entitled "RESOLUTION APPROVING PETITION AND WAIVER", and moved that the same be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Ambrisco. Baker, Dickson, Erdahl, McDonald Absent: Zuber NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 84-312 RESOLUTION APPROVING PETITION AND WAIVER WHEREAS, a Petition and Waiver has been duly executed by the owners of property agreeing thereby to be assessed for the full cost of Sanitary Sewer, the same being attached hereto; and WHEREAS, upon investigation it is found that the holders of all liens and encumbrances against said benefited property to be assessed pursuant to said Petition and Waiver have exe- cuted and agreed to and have subordinated their liens to the provisions of same; and WHEREAS, the following action is deemed appropriate. NOW, THEREFORE, B-E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the aforesaid Petition and Waiver attached hereto be and the same is hereby approved and accepted for and on behalf of this City. -2- AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH a ALLIBEE, LAWYERS, DES MOINES, IOWA �\A 1 Section 2. Said improvements shall be and are hereby added to the project designated as the Taft Speedway Sanitary Sewer Extension Project 1985, and the Resolution of Necessity therefor by adding thereto the additional public improvements as set forth in the attached Petition and Waiver, which impro- vements shall be deemed a part of said project for all purposes. Section 3. Bids heretofore having been advertised for the construction of improvements for the Taft Speedway Sanitary Sewer Extension Project 1985, contract shall be made for the construction of the additional improvements herein added to said project by Petition and Waiver, by the addition thereof to the contract for construction thereof at the same unit prices as specified in the original contract pursuant to Section 384.41(2), City Code of Iowa. PASSED AND APPROVED this 4th day of December 1984. --- �/f —�--Q�---- Jayo�4 ATTEST: Cie k -3- AHLERS, COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 1`^—x PETITION AND WAIVER THIS AGREEMENT made and entered into by and between the City of Iowa City, Iowa, hereinafter called the CITY, and the undersigned property owners in said City, hereinafter called the PROPERTY OWNERS, WITNESSETH: WHEREAS, the City proposes to construct Sanitary Sewer improvements ("improvements") in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective properties and that special assessments be levied against their property as hereinafter described opposite their names. The general description and location of said improvements being as follows: Sanitary sewer, 36 inches in diameter, reinforced concrete pipe, on Taft Speedway from Dubuque Street West 2680 feet to the intersection of a road connecting with Foster Road The properties to be assessed are described as follows: SEE ATTACFJ MM 1. NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: , As soon as practicable the City shall have the right to cause the above described improvements to be constructed in accordance with such plans and specifications as it shall deem appropriate. The construction of said improvements shall be under the supervision of an engineer to be selected by the City. -1- AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 1W /7 For the purpose of this Agreement, the City may elect to enter into contract for the construction of said improvements as a part of any contract for a public improvement project entered into prior to the receipt of this instrument as authorized by Section 384.41(2) of the City Code of Iowa. In consideration of the construction of said improvements, the undersigned Property Owners hereby waive the public hearing on the adoption of the Resolution of Necessity and the mailing and publication of. Notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed against private property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property Owners being to authorize and direct said City to construct the improvement without requiring any of the formalities or legal proceedings required of cities by the statutes of Iowa. It is further agreed that when said improvements have been constructed in accordance with the plans and specifications that the City may make assessments against the properties of the undersigned Property Owners for the ejabir$e cost of_ the a�k�cx�cfr�n:xpence,�kxaxxa��}cx�4�s���x�stxdxa��gtc#�tkxps� Scgk�kxi x�xx3�hx4 xpocCa .,=n*g`c&1xxMWW, and that said assessments so made shall be a lien upon the properties hereinafter described, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the undersigned Property Owners hereby expressly waive every objection to said assessment, any limi- tation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment. Said assessment shall be paid by the undersigned Property Owners within the time provided by Statute for the payment of special assessments for such improvements. All property owners entitled to Agricultural deferment under Chapter 384 of the City Code of Iowa hereby waive their right to such deferral. The amount and proportion of the cost of the improvements, to be paid by the several Property Owners, shall be ascer- tained and determined by the Engineers and by them reported tc -2- AHLERS, COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA I,q the City Council which shall make such changes or alterations as they may require, and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the properties. The City's Engineer has prepared a preliminary schedule of assessments for each of the properties included in the district, which schedule is attached hereto as Exhibit "A". Property owners and City agree that no final assessments will exceed the amount shown on said Exhibit "A".hyx exabha= Property Owners hereby authorize the City Council to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owners, or any of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council without petition of property owners, without in any way qualifying this petition or releasing the Property Owners from their obligation to pay the assessments levied against their property for the cost of said improvements and to issue improvement bonds payable out of said assessments. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbran- ces other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver, who by execution of this Petition consent to the subordination of their lien to the special assessment liens herein described. Each Property Owner further agrees to subordinate the sale of any part of his listed property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owners agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. -3- AHLERS, COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA M15 Dated this 4th day of December , 1984. Presented to the City Council on December 4 1984. Approved by the City Council on December 4 , 1984. 22 k �n�J -4- AHLERS, COONEY. DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, Des MOINES, IOWA jkq _ niliiam R. mas Robe 3. Shellady Ear] Yoder Robert G. Barker Dean Oakes OWNER'S NAME:R. F. Wombacher By: By: Signature -Title, if any Date: Witness: LIENHOLDER'S NAME: By: By: Signature -Title, if any Date: Witness: OWNER'S NAME: Bruce R. Glasgow m By: Signature -Title, if any Date: Witness: LIENHOLDER'S NAME: By: By: Signature -Title, if any Date: Witness: DESCRIPTION OF PROPERTY DESCRIPTION OF PROPERTY See Attachment 1, Item 3 -5-A AHLERS, COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 1,In I,•iliiam L. Maas Rob " G. Shellady Ear Yoder Robert G. Barker Dean Oakes OWNER'S NAME:R. F. Wombacher DESCRIPTION OF PROPERTY By: By: Signature—Title, if any Date: Witness: LIENHOLDER'S NAME: By: By: Signature—Title, if any Date: Witness: OWNER'S NAME: Bruce R. Glasgow B y : Gt- fLto pl c� By: ' Signature—Title, if any Date: 11/30/84 Witness: Y / Z i LIENHOLDER'S NAME: m By: Signature -Title, if any Date: Witness: See Attachment 1 Items 1 & 2 DESCRIPTION OF PROPERTY See Attachment 1, Item 3 -5-, AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH a ALLSEE, LAWYERS, DES MOINES, IOWA OWNER'S, -,NAME: Bruce R. & Florence Gla B y : �l c-�2LLGG /G By: Signature -Title, Date: 11/30/84 / Witness: .�•✓/ )�— LIENHOLDER'S NAME: Um By: Signature -Title, if any Date: Witness: OWNER'S NAME: By: By: Signature -Title, if any Date: Witness: LIENHOLDER'S NAME: BY: By: Signature -Title, if any Date: Witness: 'DESCRIPTION OF PROPERTY: See Attachment 1, Item 4 DESCRIPTION OF PROPERTY -6- AMLERS, COONEY. DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA 11�� ATTACIM:NT 1 - PETITION AND WAIVER TAFT SPEEDWAY SANITARY SEIVER EXTENSION NAME DESCRIPTION William K. Maas Commencing at the Southeast corner of the Robert G. Shellady Northeast Quarter of Section 4, Township Earl M. Yoder 79 North, Range 6 West of the 5th P.M., Robert G. Barker thence North 090 21' East 85.4 feet to an Dean Oakes iron pipe on the South line of Taft Speedway R. F. Wombacher in Iowa City, Iowa; thence North 09 06' West 60.0 feet to an iron pipe on the North line of said Taft Speedway ang the place of beginning; thence North 81 41' East 498.17 feet to an iron pipe on said No6th line of Taft Speedway; thence North O1 24' West 682.24 feet to the Southwesterly right-of-way line of Foster Road; thence North 80 29' 45" West 325.24 feet along said Southwesterly right-of-way line of Foster Road; thence North 84 38' West approximately 170 feet to an iron pipe on the South line of said Foster Road; thence South 810 14' West 225.7 to an iron pipe on the South line of Foster Road; thence South 65° 34' West 506 feet to an iron pipe on the Sout$ line of said Foster Road; thence South 01 24' East 666.5 feet to an iron pipe on the North line of Taft Speedway; thence North 83° 30' East 690.9 feet to the place of beginning. William K. Maas Commencing at the Southeast corner of the Robert G. Shellady Northeast Quarter of Section 4, Township Earl M. Yoder 79 North, Range 6 West of the Sth P.M.; Robert G. Barker thence North 090 21' East 85.4 feet to an Dean Oakes iron pipe found on the Southerly line of R. F. Wombacher Tat Speedway in Iowa City, Iowa; thence North 09 06' West 60.0 feet to an iron pipe found on the Northerlv line of said Taft Speedway; thence North 81° 41' East along said No6therly line, 1,264.3 feet; thence South 88 37' East 298.7 feet to the point of beginning; thence Sou8h 88° 37' East 219.5 feet; thence North 49 57' 33" West 200.0 feet; thence North 89° 59' 38" West 250.0 feet; thence South 49° 57' 33" East 200.0 feet to the point of beginning. -1- I :kp0 ATTACHMENT 1 - PETITION AND WAIVER TAFT SPEEDWAY SANITARY SEWER EXTENSION NAME DESCRIPTION Bruce R. Glasgow A tract of land in Section 3, Township 79 North, Range 6 West of the 5th P.M., described as follows: Commencing at the point of inter- section of the southerly line of Taft Speedway with the westerly life of former Highway No. 218, thence Nor�h 88 37' West 805.4 feet, thence South 81 41' West 60.3 feet to the point of beginning, thence South 00° 26' East 778.7 feet to the northerly bank of the Iowa River, thence Northwesterly following the bank of the Iowa River 780 feet; thence North 000 25' West 425.5 feet to he South 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 West 80 feet of the above described tract. Bruce R. $ Florence All of the following described tract of Glasgow irregular shape located in Section 3, Township 79 North, Range 6 West of the 5th P.M., except the Westerly 200 feet thereof, to -wit: Commencing as a point of reference at the center of Section 3, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa; thence West 817.5 feet along the South line of Government Lot 2 in the Northwest Quarter of said Section 3 to the point of beginning; thence North 060 20' 30" West 253.96 feet to a point on thS South line of Taft Speedway; thence North 88 37' West 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 sgid Iowa River bank 73 feet; thence North 16 22' Ea8t 233.5 feet to an iron pin; thence North 58 16' East 328.8 feet to an iron pipe; thence North 54 04' East 262.9 feet to the point of beginning. -2- qL0% 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 4th day of _ December , 1984. SEAL CityClerk, Iowa City, Iowa AHLERS, COONEY, DORWEILER, HAYNIE, SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA I 10 Agenda Regular Council 0.«,ing December 4, 1984 - 7:30 P.M. Page 9 ITEM NO. 10 - PUBLIC HEARING ON RESOLUTION OF NECESSITY FOR THE TAFT SPEEDWAY SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Comment: See attached memorandum. Action: ITEM NO. 11 - CONSIDER RESOLUTION ADOPTING PETITION AND WAIVER FOR THE TAFT SPEEDWAY SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Comment: The State Code of Iowa allows the maximum assessment against property to be twenty-five percent (25X) of the property valuation including the costs of the improvements to be as- sessed. By this agreement, the property owners of the undevel- oped land in this assessment area waive their rights to object based on this section of the Code. This Petition and Waiver is based on the Resolution of Necessity as presented.. Action ITEM NO. 12 - CONSIDER RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLU- TION OF NECESSITY ASSESSMENT PROJECT 1985. Action: ITEM NO. 13 - PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR TAFT SPEEDWAY SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Comment: This project involves the installation of a 36" diameter concrete sanitary sewer line, sanitary sewer services and storm sewer line on Taft Speedway. The project cost estimate is $189,000. Action: ITEM NO. 14 - CONSIDER RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR TAFT SPEEDWAY SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Comment: See preceding item. Action: \CPX 3 yT....-q . / / -/ . _ u/, fooyA � (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: Time of•Meeting: DECEMBER 4, 1984 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 approving petition and waiver for the Taft Speedway Sanitary Sewer Extension Project 1985. Such additional matters as are set forth on the addi- tional 12 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental.body. �2.fiiJ� �Tjt�J City Clerk, 'Iowa City, Iowa AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DES MOINES, IOWA npramherA__, 1984 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,Dac]sson•-Ej7dahl,._Straa i Absent: -1- AHLERS. COONEY. DORWEILER. HAYNIE. SMITH a ALLBEE, LAWYERS. DEs MOINES, IOWA Q05 PART 1 -- HEARING PROCEEDINGS December__. 1984 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., or the above date. There were present Mayor McDonald in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, Strait Absent: Zuber The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of. the Taft Speedway Sanitary Sewer Extension Project 1985 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 Ambrisco moved that the time for the receiving of objections be closed. Seconded by Council member _Dickson 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. Council Member Ambrisco introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE -1- AHLER5, GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYERS, DES MOINES, IOWA I�O� TAFT SPEEDWAY SANITARY SEWER EXTENSION PROJECT 198511 and moved that it be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait Absent: Zuber NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 84-313 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE TAFT SPEEDWAY SANITARY SEWER EXTENSION PROJECT 1985. WHEREAS, this Council has proposed a Resolution of Necessity for the Taft Speedway Sanitary Sewer Extension Project 1985, 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: X _ Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of 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- AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLSEE, LAWYERS, DES MOINES, IOWA Q647 Deferred for later consideration to a Council meeting to he 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 4th day of December 1984. ayor ATTEST: AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH a ALLBEE. LAWYERS, DES MOINES, IOWA Iwdl 1,4: i&/' /// bob d (/ 3 : is P/f JJ y.'ae iPH �P (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: DECEMBER 4, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 Taft Speedway Sanitary Sewer Extension Project 1985. - 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. Such additional matters as are set forth on the addi- tional 17 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. 3?�aAz_'V� �X4' 76�,'o Cit Clerk, Iowa City, Iowa AHLERS, COONEY, DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DEs MOINES, IOWA I 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 Taft Speedway Sanitary Sewer Extension Project 1985, 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 __ Ambrisco introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait Absent: NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION ADOPTINGIPLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the _6th day of November , 1984, plans, specifications, form of contract and estimated cost were filed with the Clerk of Iowa City, Iowa, for the construction of the Taft Speedway Sanitary Sewer Extension Project 1985, 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. -6- AHLERS. GOONEY, DORWEILER, HAYNIE, SMITH 8 ALLBEE. LAWYERS. DES MOINES. IOWA 4z-aV IAl o PASSED AND APPROVED, this 1984. ATTEST: -7- 4th day of Dcccmbcr yor lall -j,DdNH /l130��y (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: DECEMBER 4, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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 Taft Speedway Sanitary Sewer Extension Project 1985: - Resolution adopting plans, specifications, form of contract and estimate of cost. Such additional matters as are set forth on the addi- tional _12 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. Cit' Clerk, Iowa City, Iowa AHLERS, COONEY. DORWEILER, HAYNIE. SMITH a ALLBEE, LAWYERS, DEB MOINES` IOWA 1 - 1 1 ■ RESOLUTION NO. 84-315 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: Gabe's - 330 East Washington It was moved by - and seconded by Zuber that the Resolution as rea e a opted, and upon rol c—aI t— Fere were: AYES: NAYS: ABSENT: Ambrisco x_ Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 18th. day of December 19 84. Attest: %7%,�� J City Clerk 113 RESOLUTION NO. 84-316 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: Gabes --330 East Washington It was moved by Strait and seconded by Zuber that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Raker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 18th. day of December , 19 84 )ayor Attest: Ci y Clerk RESOLUTION NO. g4 -s17 RESOLUTION ACCEPTING THE WORK FOR SHAMROCK/ARBOR CREEK CH41,ML IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the _Shamrock/Arbor Creek Channel Improvements Project as included in a contract between the City of Iowa City and Gee Grad;ng f Excavag, Inc of Cedar Rapids Iowa dated July 24, 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 byStrait and seconded by Zuber that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —x Ambrisco X Baker R Dickson X Erdahl R McDonald x Strait X Zuber Passed and approved this 18th. day of December 19 84 . ATTEST: _ . ) y(, �J CITY CLERK Received R APprevgp By Than ; c �.,I D Mmortf u z9 V 015 RESOLUTION NO. 84-318 RESOLUTION AMENDING A RESOLUTION DATED JUNE 1, 1965 TO PROVIDE FOR THE EXPEDITIOUS DISPOSAL OF MINOR PARCELS OF PUBLICLY -OWNED LAND. WHEREAS, the City has an established policy adopted June 1, 1965, for the disposition of vacated streets and alleys; and WHEREAS, this policy requires an appraisal of the vacated property prior to an offer for sale; and WHEREAS, there are a number of instances in which minor parcels of vacated right-of-way remain as publicly -owned land and these parcels are often of little monetary value and are of benefit primarily or exclusively to one or two abutting property owners; and WHEREAS, it is in the interest of the City to dispose of these parcels in an expeditious, efficient and fair manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the following procedure shall be adopted as an addendum to the procedure adopted June 1, 1965 and attached hereto and that this procedure shall apply only in cases where the publicly owned parcel of land is of insufficient size to constitute a developable piece of land as defined in the Zoning Ordinance of Iowa City, and there are only one or two property owners abutting the vacated right-of-way under consideration or circum- stances are such that it is reasonably apparent that the parcel is of benefit to only the owners of one or two abutting properties: I. The potential buyer(s) ("offeror(s)") shall submit a legal description of the parcel and an offer to purchase to the City. II. A parcel value shall be determined for inclusion in the Resolution for Disposition, which will be subject to a public hearing. That value may be amended after the public hearing. The value shall be based on a price per square foot reflected in a sale within the past year of adjacent properties, or the assessed value of adjacent properties, whichever is greater. Alternatively, at the City Manager's discretion, a closed bidding process may be used if in the best interest of the City. Sealed bids shall be accepted by the City Clerk. The bids will be opened by the City Clerk and the results will be reported to the City Council prior to the setting of the public hearing. The City reserves the right to reject any and all bids. III. The staff shall prepare a Resolution for Disposition of the parcel to the offeror(s) at the value determined, subject to the extension by the offeror(s) of any public improvements, such as sidewalks, deemed necessary by the City, and subject to easements for public utili- ties. IV. A public hearing shall be set on the resolution. lml V. Notice shall lublished in accordance with iter 364 of the Iowa Code and any a ent property owner shall b�. ..jtified by certified letter. VI. The public hearing shall be held before the City Council. VII.The selling price may be amended pursuant to the public hearing, if Council deems it necessary. VIII. The City Council shall take action on the resolution. IX. The buyer shall prepare and submit a form of quit claim deed to the City . X. Buyer shall be responsible for all recording fees and deed taxes. It was moved by Dickson 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 18th. ATTEST: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Of December , 1984. Reeelvel{ & AppmvQ By The icc,al D^Psrtmenf taV RESOLUTION NO. WHEREAS no definite policy regarding the sale of vacated streets or alleys has been set by the Council, and the Citizens should know what our policy is on this matter, NOW THEREFORE BE IT RESOLVED that the following procedure will govern the sale of vacated streets and alleys: 1) The property will first be appraised by a competent appraiser, 2) The property will then be offered for sale totthe adjoining property owners. 3) If both property owners wish to purchase the property, it will be divided in half and sold to the adjacent owners at proportionate appraisal price. 4) If one adjacent property owner wishes to purchase all the property, and the other adjacent owner does not wish to purchase any of the property, it will all be sold at appraised price to the adjacent owner that wishes to purchase the property. 5) If neither property owner wishes to purchase the property, sealed bids will be received by the City Clerk. He will open bids and report the results at the next Council meeting, at which time the Council will make the final disposal. 6) If the adjacent property owner is another Governmental Unit which needs the vacated street or alley for expansion of its services, it will be deeded without cost to this Governmental Unit. It was moved by Ales n7.41 and seconded by ,A(,: JJ, r,s that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Burger Hubbard Maas Nesmith Y Yocum Passed and approved this _L day of,l v ., e , 1965. Mayor ATTEST: City Clerk IOtlJ• RESOLUTION NO. 84-319 RESOLUTION AUTHORIZING DISPOSAL OF VACATED ALLEY RIGHT-OF-WAY IN BLOCK 15, COUNTY SEAT ADDITION, TO RICHARD W. JOHNSON WHEREAS, the City of Iowa City vacated the alley in Block 15, County Seat Addition on November 16, 1965; and WHEREAS, the half of this alley abutting Lots 3 through 8 was sold to abutting property owners and the remainder of the alley abutting Lots 1 and 2 was retained by the City; and WHEREAS, the current owner of Lots 1 and 2, Richard W. Johnson, wishes to acquire for a sum of $200.00 the remaining vacated alleyway legally described as follows: Commencing at the southwest corner of Lot 2, Block 15, County Seat Addition, thence west 10 feet to the center line of the vacated alley; thence north to the south line of the Chicago, Rock Island Pacific Railway Company right-of-way; thence northeasterly along said right-of-way to the west line of Lot 1 of said Block 15; thence southerly along the west line of Lots 1 and 2 to the point of beginning. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA that the above-described real estate may be conveyed to Richard W. Johnson for a sum of $200.00 and that the Mayor is authorized to sign a quit claim deed to that effect. 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 18th. dava of December ATTEST: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 1984. Rneak{ed & Approved By The Leat De`a iTmnt lakq RESOLUTION NO. 84-320 RESOLUTION CONSENTING TO THE VACATION OF A PORTION OF THE PLAT OF TY'N CAE SUBDIVISION, PART 3. WHEREAS, Dynevor, Inc. is the proprietor of a portion of the plat of Ty'n Cae Subdivision, Part 3, as recorded in the Johnson County Recorder's Office; and WHEREAS, no lots in that portion of Ty'n Cae Subdivision, Part 3, known as Lots 96A, 96B, 96C, 96D, 96E, 97 and 98, have been sold by the proprietor; and WHEREAS, Chapter 409 of the Code of Iowa enables any proprietor of a plat to vacate said plat under certain conditions and with the consent of the City in which the plat is located; and WHEREAS, the Department of Planning and Program Development, the Department of Public Works, and the Planning and Zoning Commission have reviewed said vacation and have recommended consent be given to same. NOW, THEREFORE, BE IT RESOLVED That the City of Iowa City grant to Dynevor, Inc. consent to vacate the plat of Lots 96A, 96B, 96C, 96D, 96E, 97 and 98, all in Ty'n Cae Subdivision, Part 3, a subdivision recorded in the Johnson County Recorder's Office. It was moved by Ambrisco and seconded by Dickson 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 18 ay of December 1984. )Y 05" ATTEST: CI CLERK the Resolution �eeh�ed Approved Kes. t; 1'. - RESOLUTION NO. 84-321 RESOLUTION AUTHORIZING ISSUANCE OF A RIGHT-OF-WAY SIGN PERMIT TO THE MAID RITE CORNER FOR A SIGN LOCATED AT 630 IOWA AVENUE PURSUANT TO ARTICLE VII OF CHAPTER 31, CODE OF ORDINANCES, OF IOWA CITY, IOWA. WHEREAS, numerous signs have been found to be located in or upon the public streets, roadways, sidewalks or other public property throughout the City; and WHEREAS, it is unlawful for any person to use any .portion of the public property for any public right-of-way sign without having first obtained a public right-of-way sign permit; and WHEREAS, an application for a permit required by Article VII of Chapter 31 has been filed with the City and has been found to meet all the requirements specified by this article. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the City Manager and/or his designee is hereby authorized to issue a right-of-way sign permit to The Maid Rite Corner for the alteration of a sign located at 630 Iowa Avenue. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: X Passed and approved this 18t NAYS: ABSENT: Ambrisco X Baker Dickson Erdahl McDonald Strait Zuber h. day of December 1984. YOR ATTEST: CIT CLERK (eaaaivet': a ::parcved 1aal R12s, e�F-. RESOLUTION NO. 84-322 RESOLUTION AUTHORIZING ISSUANCE OF A RIGHT-OF-WAY SIGN PERMIT TO KENTUCKY FRIED CHICKEN FOR A SIGN LOCATED AT 2310 MUSCATINE AVENUE PURSUANT TO ARTICLE VII, CHAPTER 31, CODE OF ORDINANCES, OF IOWA CITY, IOWA. WHEREAS, numerous signs have been found to be located in or upon the public streets, roadways, sidewalks or other public property throughout the City; and WHEREAS, it is unlawful for any person to use any portion of the public property for any public right-of-way sign without having first obtained a public right-of-way sign permit; and WHEREAS, an application for a permit required by Article VII of Chapter 31 has been filed with the City and has been found to meet all the requirements specified by this article. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the City Manager and/or his designee is hereby authorized to issue a right-of-way sign permit to Kentucky Fried Chicken for the alteration of a sign located at 2310 Muscatine Avenue. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 18th. day of December , 1984. ATTEST: Roeaived S Approved /_�::y 1 30�- Keg, 111'. RESOLUTION NO. 84-323 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY 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 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 programs 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 Elderly Services Agency, Inc. to develop and implement a Shared Housing Program for the elderly and handicapped persons of Johnson County. 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 Elderly Services Agency to develop and administer a Shared Housing Program. It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 8 AMBRISCO _ x BAKER x DICKSON _x ERDAHL x MCDONALD _x STRAIT x ZUBER Passed and approved this 18th.day ATTEST: December , 1984. 0 Ratehied A Approved By The Legal Department 13C-* RESOLUTION NO. 84-324 RESOLUTION AUTHORIZING APPLICATION FOR 14 SECTION 8 EXISTING HOUSING VOUCHERS AND REQUESTING FUNDS WHEREAS, the City of Iowa City is eligible to receive and has made applica- tion for Rental Rehabilitation Grant Funds under Section 17 of the United States Housing Act of 1937; and WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority who has received an invitation to submit an application for fourteen (14) Section 8 Housing vouchers; and WHEREAS, the Iowa City Housing Authority presently has a contract with the Department of Housing and Urban Development to administer the Section 8 Existing Housing Program, contract #KC9033-E, and wishes to expand that program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA. 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said application to the Department of Housing and Urban Development for fourteen (14) Section 8 Existing Housing vouchers. 2. That said application shall be a request for funds under the Section 8 Housing Assistance Payments Plan for existing units. 3. That the City Clerk is hereby authorized and directed to certify appro- priate copies of this resolution together with any necessary certifica- tions as may be required by the Department of Housing and Urban Develop- ment. 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 Isth. ATTEST: CI ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Of December , 1984. NdO5red A Appwad L'p fhe Lecial Depectsnent 1!- 13 + Q2y RESOLUTION NO. 84-325 RESOLUTION AUTHORIZING APPLICATION FOR 25 FAMILY UNITS UNDER. THE SECTION 8 EXISTING HOUSING PROGRAM AND REQUESTING FUNDS. WHEREAS, the Iowa City Housing Commission has undertaken a study to determine the need for housing for low income families and has determined that such a need does exist and has recommended that the City Council make application for funds for such a program, and WHEREAS, the Iowa City Housing Authority has received an invitation from the Department of Housing and Urban Development to submit an additional applica- tion to administer a Section 8 Existing Housing Program, and WHEREAS, Iowa City presently has a contract under the Section 8 Existing Housing Program, Contract No. KC 9033-E, with the Department of Housing and Urban Development, and wishes to expand this program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA. 1. That the Mayor and City Clerk are hereby authorized and directed to make application to the Department of Housing and Urban Development for twenty-five (25) units of low-income family housing under the Section 8 Housing Assistance Payments Plan. 2. That said application shall be a request for funds under the Section 8 Housing Assistance Payments Plan for existing units. 3. That the City Clerk is hereby authorized and directed to certify appro- priate copies of this Resolution together with any necessary certifica- tions as may be required by the Department of Housing and Urban Develop- ment. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 18th. day of December , 1984. YOR ATTEST: %jpti,A� CITY -CLERK Received & Approved By The LeSd Dppar merf t I3 ems- RESOLUTION NO. 84-326 RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT A SENIOR CLERK TYPIST (MINUTE TAKER) AS A SPECIAL DEPUTY CITY CLERK TO SERVE AS CLERK FOR INFORMAL CITY COUNCIL SESSIONS. WHEREAS, the City Clerk serves as Clerk of the City Council; and WHEREAS, the City Clerk has one Deputy City Clerk who is authorized to serve as clerk for the City Council but who does not attend informal City Council sessions; and WHEREAS, there may be occasions when the City Clerk is unable to attend and take minutes at informal City Council sessions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The City Clerk is hereby authorized to designate a senior clerk typist (minute taker) employed by the City as a Special Deputy City Clerk to serve as clerk of the City Council on those occasions when the City Clerk is unable to attend an informal session of the City Council. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Passed and approved this 18th. day of December ATTEST: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 1984. Received & Approved Ey Th ,eyaI Dep nnent /7 /! d - 132A December 20, 1984 TO THE COUNTY AUDITOR AND THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, IOWA: I, Marian K. Karr, DIC, City Clerk of the City of Iowa City, Iowa, do hereby certify the attached Resolution with Exhibit A, a list of the delinquent sewer rental, water and refuse accounts, a description of the premises where such delinquent accounts were incurred, together with the name of the owner thereof, to the County Auditor to be collected as regular taxes as by statute provided. As directed by the City Council this 18th, day of December , 1984. Marian K. Karr, CMC City Clerk 1.147 RESOLUTION NO. 84-327 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 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 water 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 Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker �— Dickson X Erdahl X McDonald Strait Zuber Passed and approved this 18th. day of December 1984. ATTEST: Neekled & Approved By The Legal Deperfirient 1Z i4 B4 11X6 Exhibit A 001-851 88 Add,ess. ater Owrt •- ..- t-v-aet — Sewer MMMILIMI-111 Mi 001-856-00 Address: 1655 North Dodge Street Water Owner: William D. and Dorothy Connell Sewer Legal Description: All that part of SE 114 NW 114 Refuse 78.00 Sec. 2-79-6 Lying S of Present Hwy. 261 as now located Total Parcel #: 54810 001-877-00 Address: 2647 Rohret Road Water Owner: Robert L. & Rose Kathleen Carson Sewer Legal Description: That part of SW SW in 8 17-79-6 & SE Refuse 21.00 SE Sec. 18-79-6 lying NEly of land described in book 600, Total M-0-6 pg. 261 Parcel #: 63764001 i2a9 2 001-905-00 Address: 1_ ;aft Speedway Water Owner: Kenneth & Allison Amada on cont. to Charles R. Sewer Elmquist Trust Refuse 42.00 Legal Description: Idlewild Add. Piece described as B Total - lying W of Lot 22 Parcel #: 53198900 Owner:_ Robert Wheeier Sewe, Pare el #. 63228 001-913-00 Address: R.R. #2 Water Owner: Ralph Krall Sewer Legal Description: SE 1/4 NE 1/4 Sec. 1-79-6 39 AC M/L Refuse 42.00 Parcel #: 63867 Total T7—.0 001-916-00 Address: R.R. #6, Box 37 Water Owner: Lillian & Margaret Kuenster - Contract Sewer Legal Description: Gov. Lot 4 Sec. 22-79-6 Bldg. on leased Refuse 78.00 ground, land owned by Charlie Showers Total 78:00 Parcel #: 60323 001-922-00 Address: 1616 Waterfront Drive Water Owner: Duane W. & Louise D. Lewis Sewer Legal Description: Beg. 137.4' E & 112' N of SW Cor. SE Refuse 78.00 1/4 Sec. 15-79-6 on E side Rd. E 90' N 60' S 60' to Beg. Total 716 Parcel #: 58583 001-928-00 Address: 3301 Rochester Avenue, R.R. #5 Water Owner: Robert Donald Lumpa & Dorothy Lois Sewer Legal Description: A portion of E 1/2 NE 1/4 Sec. 12-79-6 Refuse 126.00 90' x 125' Total13'x.00 Parcel #: 58803 001-937-00 Address: 600 Taft Speedway Water Owner: Jack I. Young Sewer Legal Description: 1 5A per survey Book 6, Gov. Lot 6 Refuse 54.00 14-79-6 Total ST=. Parcel #: 63627000 001-956-00 Address: R.R. #6, Box 53 Water Owner: Lindquist Trust, William Meardon, Duane Bolton - Sewer Contract Refuse 78.00 Legal Description: Gov't. Lot 3 Sec. 4-79-6 39.4 AC ML Total 7F -OU Parcel #: 63878 001-960-00 Address: R.R. #6, Box 582 Water Owner: Bruce Glasgow & John R. and Boyd Rummelhart Sewer Legal Description: S 223' W 110' E 143' W 10.73 Chains Refuse 126.00 SW 1/4 NE 1/4 Sec. 4-79-6 N of Hwy. .563 AC M/L Total 3-2.06 Parcel #: 56390 19 DU Rareea #: 6�2d9AA1 081 998 88 Address. R.R. #1 We ! '• y Russell & Mary Walton —Sewer er ipt 4 oft! W 14 Reds N 44.5 Reds NW Fri 1,14 SW Refuse.• 63589 001-996-00 Address: R.R. #6 Owner: Perry E. 8 Legal Description: Showers property Parcel #: 59502 Marlene J. Miller Bldg. on leased ground located on Water Sewer Refuse 42.00 Total T2_.Z 008-615-04 Address: 427 South Van Buren Street Water 10.82 Owner: Deborah Sternad Sewer 6.50 Legal Description: N 40' Lot 5 Blk. 1 Peircet & Berryhill Refuse 14.00 Add. Total 31.32 Parcel #: 62139 009-305-06 Address: 428 South Johnson Street Water 20.17 Owner: Cheryl Fiala Sewer 11.84 Legal Description: Lyons 2nd Add. Refuse 14.00 Parcel #: 53892000 Total TM 010-685-09 Address: 408 South Governor Street Water 68.74 Owner: Lumac Properties Sewer 20.46 Legal Description: Berryhills 2nd Add. Refuse 28.00 Parcel #: 54281000 Total TfT.fd 012-440-02 Address: 1326 Muscatine Avenue Owner: Michael Megan & Clara Oleson Legal Description: WC Motts S.D. Parcel #: 56238000 7-. -1 Water 6.03 Sewer 3.61 Refuse 7.00 Total T6 -.'U 017-635-03 Address: 426 Third Avenue Water 20.92 Owner: Drummond Douglas & Billie T. Anderson Sewer 12.28 Legal Description: East Iowa City Refuse 3.50 Parcel #: 58568000 Total 3 6 T6 H8-530-07 Address, 522 First Avenue 5 ce- 6.03 Owner, Bavid-& Kathleen A Steve Sewer 3.61 p3:1 030-275-07 Address: 1 Pickard Street Water 69.70 Owner: Howard Porter Sewer 27.28 Legal Description: Kirkwood Place Refuse 24.50 Parcel #: 61517000 Total 37l d8 037-020-01 Address: 431 Clark Street Water 27.51 Owner: John E. Morgan Sewer 9.83 Legal Description: Summit Hills Add. SO of Lots 5 & 6 Refuse 17.50 Blk. 4 Total T4—.84 Parcel #: 60946000 —��s�•rr...�..:::.� ��isi�a��.aay'�=a.n.�aea:ay 'IC•14:1���%Aalh 044-845-04 Address: 730 East Market Street Water 22.82 Owner: Jeff G. Robken, II Sewer 6.50 Legal Description: Original Town of Iowa City Refuse 14.00 Parcel #: 63424000 Total WT.M Parcel #: 57550 062-213-03 Address: 614 Orchard Court D Water 7.28 Owner: Nelson Logan Sewer 4.32 Legal Description: Lots 4 & 5 of Orchard Ct. SO Refuse 7.00 Parcel #: 59168012 Total TFW iab3 064-323-02 Address: luov Newton Road 6 Owner: Mike & Cheryl Furman Legal Description: Suburban Heights Parcel #: 59247001 ELM Water 10.82 Sewer 6.50 Refuse Total 37-.-jj 087 655 00 Address: 441 Westwinds Drive Water --20-.-98 t Y4 Monterey eft. Refuse Garage .. ... 088-815-00 .. . Drive 82 :. . ..d•ewer 5 Legal:• Refuse 00 Parcel #: .000 Total 089 155 04 Address: 1256 Bolen Plaee e� — -' 095-205-00 Address: 758 Westwinds Drive 6 Water 19.35 Owner: George H. & Florence M. Holoubek Sewer 12.18 Legal Description: Bldg. E Unit 6 Trailridge Condo. Refuse Parcel #: 63909068 Total 3'T-53 095-290-01 Address: 2610 Westwinds Drive 4 Water 9.48 Owner: William Catalona Sewer 5.74 Legal Description: Bldg. A Unit 5 Trailridge Conco. Refuse Parcel #: 63909048 Total T5� 095-305-01 Address: 2610 Westwinds Drive 11 Water 19.65 Owner: William Catalona Sewer 6.81 Legal Description: Bldg. A Unit 12 Trailridge Conco. Refuse Parcel #: 63909055 Total 76-.�ff Ia34 096-406-00 Address: 2538 Sylvan Glen Court Owner: Albert Kwak Legal Description: Lot 33 Walden Ridge Part II Parcel N: -65191033 r z� Wter 65.36 Sewer 43.78 Refuse Total T6F7 1a3S RESOLUTION NO. 84-328 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, on July 17, 1984, the City and the Iowa Gerontology Project Adult Day Program of Johnson County, Iowa, entered into an agreement for the lease of space at the Senior Center; and WHEREAS, the Iowa Gerontology Project Adult Day Program of Johnson County, Iowa, has provided written notice to the City pursuant to said above agree- ment that it is terminating said agreement effective December 31, 1984; 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 with the term of said lease agreement commencing on January 1, 1985. 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 Dickson and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco —�— Baker — Dickson —y Erdahl —X— McDonald AbstainedStrait _y__ Zuber Passed and approved this 18th. day of December 1984. ATTEST: a C n roro vod DD Ps'Z�en} 00 1936 CITY OF IOWA CITY/COMMUNITY AND HOME HEALTH SERVICE AGENCY ADULT DAY PROGRAM AGREEMENT This Agreement, made and entered into this 18th day of December , 1984, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, and the Community and Home Health Service Agency, 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 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 the program on January 1, 1985 and continue until June 30, 1985, 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. �a37 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. t 731 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. (2059 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 this 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 to operate the adult day program. I Ztt) 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: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. 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. VII. Termination This agreement shall become effective January 1, 1985 and shall terminate June 30, 1985. 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. 1900 Page 6 FOR THE CITY OF IOWA CITY, IOWA: L gzoe & N MCDO A D, MAYOR ATTEST: -)k,, ) MARIRN KARR, CITY CLERK iFOR COMMUNITY AND HOME HEALTH SERVICE AGENCY/-F/t£ r%is.ntiX- NuizSL� 7 TITLE ATTEST: / y '2-f i -6q 1 ay ';l. RESOLUTION NO. 84-329 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST , TWO QUIT CLAIM DEEDS DISPOSING OF A 40 FOOT SEGMENT OF ALLEY RIGHT-OF-WAY IN BLOCK NINE (9) OF THE COUNTY SEAT ADDITION. WHEREAS, by Ordinance No. 83-3144, as amended by Ordinance No. 84-3219 , the City of Iowa City did vacate a 40 foot segment of alley right-of-way in Block 9 of the County Seat Addition which is legally described as follows: Begin- ning at the northeast corner of Lot 6, Block 9, County Seat Addition, Iowa City, Iowa, according to the recorded plat thereof, thence, south 40 feet, thence east 20 feet, thence north 40 feet, thence west 20 feet to the point of beginning. WHEREAS, the applicant for the alley vacation was R.A. McKeen who owns property abutting the above-described parcel; and WHEREAS, said vacated right-of-way has been appraised for a value of $800; and WHEREAS, purchase offers for such vacated alley have been made by both R.A. McKeen and the property owners to the east, H. Richard and Barbara L. Montross, for the acquisition of the entire parcel for the appraised value; and WHEREAS, a public hearing was held on the proposed disposition of said right-of-way for the appraised value on December 4, 1984, at the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa and no comments were received; and WHEREAS, it is normally the City's policy to offer property owners adjoining vacated right-of-way first option to purchase the half of the right-of-way adjacent to their property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City agrees to convey the west half of the vacated alley right-of-way described above to R.A. McKeen for the price of $400. 2. That the City agrees to convey the east half of said vacated alley right-of-way to H. Richard and Barbara L. Montross for a price of $400. 3. That the Mayor is authorized to sign and the City Clerk to attest quit claim deeds and such other documents as may be deemed necessary by the City Attorney for disposing of said right-of-way as described above. iau3 Resolution No. 84• Page 2 It was moved by Baker and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker x_ Dickson x Erdahl _ x McDonald x Strait —x Zuber Passed and approved this 18th.day, of December 1984. "I. ATTEST: _ h/aieaJ 7(!! o , CIT CLERK Reeolved & Approved. i$ Yr