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Home My WebLink About1979-12-18 ResolutionRESOLUTION NO. 79-562 A RESOLUTION APPOINTING LAWRENCE LYNCH TO FILL THE UNEXPIRED TERM OF CAROL DEPROSSE AS A MEMBER OF THE CITY COUNCIL OF IOWA CITY WHEREAS, Carol deProsse has submitted her resignation as Councilperson for the City of Iowa City, and WHEREAS, Section 372.13(2) provides that a vacancy in an elective City office during a term of office shall be filled by the Council within thirty days after the vacancy occurs, and WHEREAS, Lawrence Lynch has been elected to the City Council effective January 1, 1980, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT Lawrence Lynch is hereby appointed to fill the unexpired term of Carol deProsse as a member of the City Council. It was moved by Balmer and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl _ x Neuhauser X Perret X Roberts X Vevera Passed and approved this 18th day ofDecember1979. MAYOR ATTEST: cLIL CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110RIES RECEIVED & Ai'I?w, H$ = LEGAL DEPAii'TfLiu a 300 RESOLUTION N0. 79_563 RESOLU'T'ION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY TUE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: t Southland Corp. dba 7 -Eleven #18048, 820 First Ave. i 1 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Ferret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser Ix Perret x Roberts x Vevera x Passed and approved this 18th day of December 199 7 Mayor Attest:_f= Q e City Clerk .2307 MICROFILMED BY ) JORM MICROLAB I CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-564 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Southland Corp, dba 7 -Eleven 018048, 820 First Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Ferret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x Lynch X Erdahl x Neuhauser Perret x Roberts x Vevera x Passed and approved this 18th 1979 Attest: City Clerk Mayor. ABSENT: x day of December MICROFILMED BY JORM MICROLAB CEDAR RARIDS•DES MOINES c23o7 RESOLUTION N0. 79-565 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTL'R" BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�For the following named person or persons at the following described location: Richard T. Corcoran dba The Shamrock, 525 S. Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation Lor approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Robert that the Resolution as rea Fe—adopted, and upon ro1T there were: AYES: NAYS: ABSENT: Balmer X Lynch g Erdahl X Neuhaueer X Perret X X X Roberts Vevera Passed and approved this 18th day of December , 19 79 �4-r- Mayor Attest: City Clerk IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101MES i '7,3 OF 1' RESOLUTION N0. 79-566 " RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA" BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes C Liquor Control License application is hereby approved -For the following named person or persons at the following described location: Peter C. Pei dba Yen Ching Restraurant, Inc. 1515 Mall Dr. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of�the eBeer premises and all other information or documents required ro and Liquor Control Department. It was moved by Perret and seconded by R� that the Resolution as rea a adopted, and upon rol ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x _ I Vevera R Passed and approved this 18th day of December 19 79 Mayor Attest:-(/�t✓� City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 4101MES 3oq i ., RESOLUTION NO. 79-567 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPL[CA9'ION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Peter C. Pei dba Yen Ching Restraurant, Inc. 1515 Mall Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: s 19 79 e and approved this 18th day of DEcember Mayor Attest: / City Clerk FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a 3oq AYES: NAYS: ABSENT: Balmer x Lynch- x Erdahl x Neuhauser x Perret x Roberts x Vevera x Pas d s 19 79 e and approved this 18th day of DEcember Mayor Attest: / City Clerk FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a 3oq ,4 RESOLUTION N0. 79-568 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Randall's International, Inc. dba Randall Foods 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded b y Robe that the Resolution as read le adopted, and upon roll callrthere were: AYES: NAYS: ABSENT: Balmer % Lynch % Erdahl R Neuhauser % Perret R Roberts g Vevera g i Passed and approved this 18thday of December 19 79 . Mayor I _ O Attest:— City ttest:Ci y Clerk o 231 PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIBES ,__ RESOLUTION NO. 79-569 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Randall's International, Inc. dba Randall Foods 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Vevera x Passed and approved this 18th day of December 19 79 Mayor Attest: City Clerk 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OLS 1101MEs 0 AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 18th day of December 19 79 Mayor Attest: City Clerk 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OLS 1101MEs 0 I INFORMA'. ,N FOR APPLICATION FOR SUSPENSI OF TAXES. Name: Address: !1 I'� �Lt:-e�� d//l'• �� ,'� Age: % ?r Occupation: Martial Status: (U'L-�L•L✓ Dependents: Monthly Income: Earned: .............. $ Private Pension: ..... $ Government Pension: ., $ I'i`i. c/O ,@Diq�oawLG✓ TOTAL ................ $ °1. O Cl Market Value of House per Iowa City Assessor: $-_% U 0 Have Taxes been suspended in previous years? er When: I9 7 Is applicant disabled? iiaJ Status of General Health: Good? Poor? Bad? ADDITIONAL INFORMATION WHICH APPLICANT FEELS ENTITLES HIM TO SUSPENSION: j- CL-r�v �)!•c<:.✓ .�Y .,(r`V, �-2.�,:.c.� Gtr/�`�-G .G.�L�/ // fi.�JxLrzl �.d a 3// MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES , Petition for Suspension or Remission of Taxes on Account of Age or Infirmity 7O THE BOARD OF Sul'FInvIMOIW up C.. <. .p'..c, Il _ (iUU N'1'V, lawn; The undersigned rcapcetfully rc Iresents that, by reason of .... ....... he is unable to call - (AGE OR INFIRMITY) tribute to the public revenue; that ... hu is the owner of the fullowing described property upon which ....he asks that ilia taxes for the current year be.... ...under the provisions of Chapter 281, Acte (SUSPENDED Olt In:Al1'1TI:TI) of the Thirty-ninth General Assembly, to -wit: REAL PROPERTY (Give correct legal deAcriutim,l PERSONAL PROPERTY ........................................................................................................... 0 Subscribed and sworn to before me at ....... �•-,..... Ellis .... �Q.... ..day of.IG , 19.7.%, .................... (/,q��', IIOOFA J.IIt�Y .......V..S..�!.-(J ....... S� 1982 uwa State Bank & Trust Company III and for .. ... f� Iowa City, Iowa APPROVAL Iowa, or C 1'41y Auditor. v..County' Iowa. I................................................................................................ Clark of the............................................................ (CITY, TOWN OIL TOWNSIIIP) of.................................................... in the County of..................................................................... Stole of Iowa, hereby certifythat at a meeting of the........................................of said....................................................................................... (COUNCIL OR TRUSTEES) (CITY, TOWN OR TOWNSHIP) held on the........................day of................................................................... 19........, the within and foregoing petition was duly considered and......... ... . ......................under the provisions of Chapter 281, Acts of the Thirty. (APPROVED Olt DISAPPROVED) ninth General Assembly. .....................\.............I........................./.l ....Iowa C ............. 19......... / city )) Clerk, , BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOINES �3/% NOTICE OF PUBLIC HEARING Public Notice is hereby given that a public hearing will be held by the City Council on January 22, 1980, at 7:30 P.N. in the Council Chambers of City Hall on a proposed Resolution Declaring that public con- venience and necessity require the proposed taxicab service applied for by Hawkeye Cab Company within the City of Iowa City, Iowa. At said time and place, last above mentioned, any interested persons may appear and file objections thereto. Dated this 21st day of December, 1979. ABBIE STOLFUS, CIV CLERK a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES RESOLUTION NO. 79-570 RESOLUTION ACCEPTING PAVING AT THE BOYRUM STREET CONNECTION WITH HIGHWAY 6 WHEREAS, the Engineering Department has certified that the following improvements have been carpleted in accordance with plans and specifications of the City of Iola City, Paving at the Boyrum Street connection with Highway 6 as constructed by Metro Pavers Inc. of Iowa City, Iowa AND WHEREAS, Maintenance Bonds for Metro Pavers Inc. are on file in the City Clerk's Office, i MOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said inprovements be accepted by the City of Iowa City. It was moved by Perret and seconded by Roberta that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x _ ERDAHL x I YNCH x j NELIHANSER x PFRRET R _ i ROBERTS x j VEVERA x _ I I Passed and approved this 18th day of December , 19 79. 1 I i mayor ATTEST: cam u 1 City Clerk Received R Approved By The logal Department 230 MICROFILMED BY JORM MICROLAB CEDAR RAr1DS.DES 110111ES I CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18 ENGINEER'S REPORT December 13, 1979 i Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa i City. The required maintenance bond is on file in the City Clerk's office. Boyrum Street connection with Highway p6 Bypass: Division II - Paving, as constructed by Metro Pavers Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted i by the City of Iowa City. Respectfully submitted, Eugene A. Dietz, P.E. City Engineer EAD/jp i I X313 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES RESOLUTION NO. 79-571 RESOLVrION ACCEPTING IMPROVEMENTS FOR COURT HILL - SCOTT BOULE'V RD, PPART VII, MEMAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Concrete paving and inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa, and storm and sanitary sewer as constructed by Drake Construction Inc. of Winterset, Iowa, all for Court Hill -Scott Boulevard, Part VII. Not to include storm water detention basin. AMID WMiEAS, Maintenance Bowls for Metro Pavers, Inc. & Drake are on file in the City Clerk's Office, Construction Co. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Icwa, that said ingrovanents be accepted by the City of Iowa City. It was moved by Perret and seconded by Roberts that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x _ 1 Erdahl x Lynch x i _ Neuhauser x Perret x Roberts x Vevera x _ I Passed and approved this 18TH day of December 19 79 . Mayor 6—IATTEST: J City Clerk Received A. Approvzd B, Th= Legal De jJaiiinCnf '�Cc a 3/y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES NOIRES 11 #386,968 PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Know All Men By These Presents: That Metro Pavers, Inc. of Iowa City, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the City of Iowa City, Iowa in the penal sum of SIXTY TWO THOUSAND POUR HUNDRED EIGHT AND 49/100------------------------------- 62,408.49--- (5 )DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 3rd day of December A.b. 19 %9 Whereas, the said Principal entered into a certain contract, dated the 1St day of October '19 79 , with the Plum Grove Acres, Inc. , to furnish all the material and labor necessary for the construction of approximately 4482.25 square yards 7" PCC pavement 3 RA5 intakes 1 RA3 intake 3 grate intakes 2750.86 lineal feet of curbing in Courthill Scott Boulevard Addition Part VII In the Ci ty of Iowa Ci ty , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of five (5) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City, Iowd as aforesaid; Now, Therefore, the Condition ofthis obligation IsSuch, that ifthesaidPrincipal does andshall,a h owncostand expense, remedy any and all defects that may develop in said work, within the period of _ five �5 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during Bald period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved 0 / ore.,.„ -g' orf' , 19 L' By (21'Z,/„oma "I City Solicitor. M44 METRO PAVERS, INC. ,� Principal �ERCHANTSTUAL BONDING COMPANY Surety By ; 7 orney-In- ac MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDIIIES MERCHAN IES MUTUAL BONDINj COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men Hy These Presents. that the Wit( luso %un u. auwrvr runnvss. a ntrporuiun duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk. Snam of Iowa, hath made. constituted and appointed, and dues by these presents make, constitute and appoint INDIVIDUALLY C.B. Condon, G.A. LaMai.r II, Carl J. (rant Jr., James E. Thompson, James P. Norris, F. Melvyn Hrubetz of Des�,•ys ;cod State of Iowa its true and lawful Auorncy-in-Fact. with full power and authority hdr ly con ened in ib name. place and stead, at sign, execute. acknuwledge and deliver in its behalf as surety: Any or all bends or undertakings, orovidted that no bond or undertaking executed under this authority shall exceed in amount the sum of CNE WIZOICN DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-cf-Affi mey is made and executed pursuant m and by authority of the following By -Law adopted by the BoaM.Af ....• Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE ?. SECTION 5A. --The Chariman of the Board or President orany Vitt President or Secretary shall have power and authority to appoint Atlomeys-in-Fact, and to authorize them to execute on behalf of the Company. and attach the Seal of the Company thereto. bonds and undertakings, recognizance%, contract, of indemnity and other writings Obligatory in the nature thereof." In Witness Whereof, MERCHANTS MUTUAL BONDING COMPANY has caused these presents to he signed by its President and Vice President, and its corporate soul to be hereto affixed, this 22nd day of May A.D., 1979 Antic MERCHANTS MUTUAL BONDING COMPANY By va r P" W", STATE OF IOWA t COUNTY OF POLK ! its, On this 22nd day of May .19 79 . Isc(nre me appeared W.W. Wamer and William Wamer, tome personally known, oho being h) me duly sworn did say that they are President and Vice President respec. tively of the MERCHANTS MUTUAL. BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed fa the said instrument is the Corporate Seal of the said Corpumtion and that the said instntmem was signed and seeded in behalf of said Corporation by nuilimity of Its Board It( Ihreetnh. In Testimony Whereof. I have hereunto set my hand and affixed by Official Seal, at the Cit) of Dc% Moines, Iowa the Jay tad year first above written. ST/ NA l'nwn. trio. •;IOWA *f lt,<',,,,rm,,,„,aL,rlm 9-30-91 Petit! STATE: OF IOWA A%- 'i COUNTY OF POLK 1. William Warner. Vice President of the MERCHANTS MUTUAL BONDINC that the above and foregoing is a true and cored copy of the POWER OF MERCHANTS BONDING COMPANY, which is still in force and effect. In Witness, Whereof, I have hereumu set my hand and affixed the seal of the Company. at mi% 3rd day of December N. 79 Z This power of anomey expires Until Revoked FIICROFILRED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 7 2-31Y PUBLIC. IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Know All Men By These Presents: IA -3933/3 That Drake Construction, Inc. of Winterset, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the CA ty of Towa city in the penal sum of Thi rtY-Ei ght Thousand i Five Hundred Twenty -Four and 74/100 --------------- ______Is 38,524.79 jDOLLARS, lawful money of the United States of America, for the payment of which, WZ; and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this _21 12th day of 0eremher A.D. 19 79 Whereas, the said Principal entered into a certain contract, dated the 23rd day of ^n�mrcL '1979 with the Bruce Glasgow , to furnish all the material and labor necessary for the construction of storm sewer and sanitary sewer Court Hill Scott Boulevard Addition Part VII in the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of Indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of fi VP (5) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted f upon the filing of this maintenance bond; and i Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable ( consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does and shall,, t his own cost and expense, remedy any and all defects that may develop in said work, within the period of five t5) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the j construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue In law. I f I g Approved in, ,Qu/9'1 i �191q { City wicitot. C PLL/L Principal iss, III, Vice President .23/f FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES h101nES CERTIFICATION I, the undersigned officer of the MERCHANTS MUTUAL BONDING COMPANY, hereby certify that the following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company: Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of. 5b: — The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company. W.W. Warner, President and Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, Vice President; William W. Warner, Vice President; C.W. Story, Vice President; M.M. Thompson, Vice President; M.). Long, Vice President; W.G. Brundage, Secretary -Treasurer; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this 12th day of —DeGembe, 19-74 President State of Iowa ) )ss County of Polk ) On this 19th day of naramhar 19—Z9., before me appeared W.W. Warner, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instrumen!, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. NOTARY SEAL Notary Public, Polk County, Iowa My Commission Expires 9-30.80 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OLS nollIES 23/tel CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES ENGINEER'S REPORT December 14, 1979 Honorable Mayor and City Council Iowa City Iowa F Dear Honorable Mayor and Councilpersons: a ' I hereby certify that the construction of the improvements listed below 4 have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Concrete paving and inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa, and storm and sanitary sewer as constructed by Drake Construction Inc. of Winterset, Iowa, all for Court Hill - Scott Boulevard, Part VII. Not to include storm water detention basin. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. H t; Respectfully submitted, ' "--'"":f Lam"/"s✓ i`1_ Eugene A. Dietz, P.E. City Engineer EAD/FF/Jp t 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES r, J PRELIMINARY RESOLUTION NO. 79-572 A PRELIMINARY RESOLUTION PURSUANT TO @384.42 OF THE IOWA CODE, 1979, CONCERNING THE ROAD IMPROVEMENTS RELATING TO THE HAWKEYE SPORTS ARENA AT THE UNIVERSITY OF IOWA WHEREAS The University of Iowa intends to construct the Hawkeye Sports Arena on State property located south of Newton Road and west of Wolff Avenue. WHEREAS it is deemed advisable that a road be built south from Rocky Shore Drive and east to Wolff Avenue and that an approach area on Highway 6 be widened and improved and WHEREAS Chapter 307A.5 and 384.56, Iowa Code, 1979, J permits the city of Iowa City to assess the cost of the road i and improvements to the State Executive Council and the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to do the following, as a single improvement, to be known as i the Hawkeye Sports Arena Road Project. 1. On site road construction. To construct a road south from Rocky Shore Drive and east to Wolff Avenue, benefiting University property owned by the State. The description of the property to be i benefited is attached hereto as Exhibit A and by this reference made a part hereof; the City shall assess the State of Iowa Executive Council for all costs. I 2. Improvement to Highway 6. To improve, by widening and other improvements Highway 6 from the intersection of Rocky Shore Drive extending west to the city limits of Iowa City. A description of the property to be benefited is attached hereto as ExhibitA i and by this reference made a part hereof; the City shall assess the State of Iowa Department of Transportation for all costs. E The City Engineer is hereby ordered to prepare, in coordination with representatives of the State and University and with their assistance, preliminary plans and specifications estimating the cost of the work, and a plat and schedule, and to file same with the Clerk. a 3 /6- MICROFILMED S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES It was moved by Perret and seconded by Roberts that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved thisl8th day of December , 19 79. ATTEST:d.( City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES Mayor Reca'reri w .nprov^-1 by Tho Log; ! W t • .-%i . n? a3�s n � r i i J i I i i i I J i i It was moved by Perret and seconded by Roberts that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved thisl8th day of December , 19 79. ATTEST:d.( City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES Mayor Reca'reri w .nprov^-1 by Tho Log; ! W t • .-%i . n? a3�s EXHIBIT A INFORMATION FOR PRELIMINARY RESOLUTION FOR PUBLIC IMPROVEMENTS IN ACCORDANCE WITH SECTION 384.42 (OFF-SITE ACCESS ROADS) Description of Proposed Improvements - Proposed improvements shall consist of grading, storm intakes, storm sewer for roadway drainage, Portland cement concrete paving widening, asphaltic concrete paving overlay, site rdstoration, and intersection signalization. Location of Proposed Improvement - The proposed improvement shall extend easterly along Highisay No. 6/218 from the west corporation limit of the City of Iowa City,approximately 1,500 feet. Descri tion of the Benefited Pro ert - The benefited property is the Highway No. 6 218 right-of-way extending easterly from the west'cor- poration limit of the City of Iowa City approximately 1,500 feet. SHIVE•HATTERY& ASSOCIATES IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES a3i6 INFORbLATION FOR PRELIMINARY RESOLUTION FOR PUBLIC IMPROVEMENTS IN ACCORDANCE WITH SECTION 384.42 (ON-SITE ACCESS ROADS) Description of Proposed Ime provment - Improvements shall consist of grading, 51 oot wide portland cement concrete paving, reinforced concrete box culvert extension, storm sewer intakes, storm sewer for roadway drainage, roadway lighting, sidewalk and bike path facilities adjacent to the proposed roadways, and site,.restoration. Locationof Pro osed Improvement - The proposed improvement shall extendrom the intersection of U. S. Highway 6/218 and Rocky Shore Drive; thence Southerly along a 370 -foot radius curve 1,100 feet; thence southwesterly 1,400 feet to the intersection with Woolf Avenue; and along Woolf Avenue extending from the intersection of Newton Road and Woolf Avenue app'roximately 1,800 feet along Woolf Avenue to the entrance of the parking lot of the University Hospital School. Descri tion of the Benefited Pro ert - The benefited property consists o t e ollowing parcels o land: Beginning at the South right-of-way line of U.S. Highway 218/6; 340 feet Westerly of the centerline of Rocky.Shore Drive; thence Southwesterly along a line parallel with and measured perpendicularly 200 feet west of said centerline to the North right-of-way line of the Chicago, Rock Island $ Pacific Rail- road; thence approximately 1,800 feet Southeasterly along a said North Tight -of -way line of the Chicago, Rock Island F, Pacific Railroad; ithence Northeasterly along a line parallel with and measured perpendicularly 1,440 feet Easterly of the Rocky Shore centerline extended approximately 1,800 feet to the centerline of Newton Road; thence Northwesterly approximately 730 feet to the South right- of-way line of said U.S. Highway 218/6; thence Westerly along the South right-of-way line of said Highway 218/6 to the point of beginning; And Areas adjacent to Woolf Avenue extending from the intersection of Newton Road and Woolf Avenue 1,800 feet along Woolf Avenue centerline to the parking lot entrance to the hospital school. SHIVE•H ATTERY d ASSOCIATES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IrolrlEs X315 RESOLUTION NO. 79-573 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMENDING AN URBAN RENEWAL CONTRACT BETWEEN THE CITY OF IOWA CITY AND NORTH BAY CONSTRUCTION, INC. (URBAN RENEWAL PARCEL 82-1b). WHEREAS, the City of Iowa City, Iowa, and North Bay Construction, Inc., entered into a Contract for the Sale of Land for Private Redevelopment on June 25, 1979, which contract has been recorded with the Recorder of Johnson County in Book 550, Page 95; and, WHEREAS, the parties deem it desirable to enter into an agreement amending said contract so as to extend the scheduled time for conveyance of land from the City to North Bay Construction, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IWOA CITY, IOWA: 1. That the Mayor is authorized to sign and the City Clerk to attest an agreement between the City and North Bay Construction, Inc., extending the scheduled time for conveyance of said land until June 25, 1980. 2. That the City Clerk is directed to certify a copy of this resolution and said agreement to the Recorder of Johnson County, Iowa. It was moved by Balmer and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Balmer _X Lynch X_ Erdahl _.&_Neuhauser X_ Perret X Roberts X_ Vevera Passed and approved this 18thday of December 1979. MAYOR ATTEST: 11e n. CITY CLERK P Rc•:oi+oi e h.ppMv(!c 11' Do L02al 1)epar'rren4 j i ,2332. MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES URBAN RENEWAL AGREEMENT This Agreement entered into between North Bay Construction, Inc., hereinafter called Redeveloper, and the City of Iowa City, Iowa, hereinafter called City, amending the Contract For Sale of Land For Private Re- development between the Redeveloper and the City entered into on June 25, 1979. Schedule C of Part I of said agreement is hereby amended to read as follows: TIME FOR CONVEYANCE PARCEL NO. DATE 82-1b Upon request of the Redeveloper, but not later than June 25, J 1980. I Dated this 18th day of December, 1979. NORTH BAY CONSTRUCTION, INC. CITY OF IOiYA CITY, IOtiYA 7• B�,'—`J/,c lccCJ.c,L// ��' : By I Mayor I Attest: rl City Cle k i 1 Roco vad & Approved gy 7tw Legal Depafinont MICROFILMED BY JORM MICROLAB i CEDAR RAPIDS -DES MOIREs y � r. City of Iowa C1 --j MEMORANDUM Date: December 12, 1979 To: City Council From: Larry Chiat, Acting Development CoordinatorA8 Re: Urban Renewal Parcel 82-1b ((((//�� On June 25, 1979, the City and North Bay Construction, Inc, entered into a contract for the Sale of Land for Private Redevelopment. This contract provided that the date for conveyance of Parcel 82-1b to North Bay would be no later than six months after execution of the contract. This six month period will end on December 25, 1979. However, Norm Bailey, president of North Bay, has recently indicated to the staff that he has encountered difficulties in obtaining permanent mortgage financing. These difficulties are apparently directly related to recent Federal Reserve Board actions which have resulted in extremely high interest rates and the tight money market. The developer does expect to obtain a mortgage commitment next spring, therefore is requesting a six month extension of the time for conveyance of title to this urban renewal parcel. The attached agreement will amend the original contract to provide for this six month extension. The staff recommends adoption of the resolution authorizing execution of this agreement. bdw3/3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS M0 RIES I RESOLUTION N0. 79-574 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR THE ACQUISITION OF REAL PROPERTY AOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal Aid Urban System, FAUS, project known as Project No. M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the Public interest to acquire the real property referred to below; and, WHEREAS, in order to acquire said real property, the City desires to enter into contracts for the purchase of the real property referred to below with the owners of said real property, 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 contracts for the purchase of the real property referred to below for the amounts designated opposite each Parcel: Parcel No. Purchase Price 3 $69,000 It was moved by Roberts and seconded b Resolution as read be adopted, and upon roll call there werealmer that the AYES: NAYS: ABSENT: X Balmer X Lynch X — Erdahl X Neuhauser X Perret x Roberts X Vevera Passed and approved this 18th day of December 1979., MAYOR ATTEST: I CITY CLERK RECEIVED & AYtIiU+:iil BY TJW LEGAL DEP RTIMIT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES itoulEs 2333 M i RESOLUTION NO. 79-575 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT - UST -M -4051(1)--8U-52. WHEREAS, Metro Pavers, Inc., of Iowa City, Iowa has been awarded the contract and has furnished adequate performance bond and insurance certificates for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. 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 upon concurrence of the Federal Highway Works Administration. It was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16th day of December 19>2• Mayor ATTEST: � ' City Cler MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES BECEITO S APPROVED 13Y .TBE LEGAL DEPARTMENT a3 3V TORY ."aI. ..TT .....T. CONTRACT I.PIOI.OR.GRADE ¢ PCC PA1 .� .ILEI X369 — CpST�I IN CITY OF IOWA CITY ONODf EL( -TR 0-TRZR3-lTHEET-30UfiAEALY'z-FICEr; TI THIS AGREEMENT MADE AND ENTERED 01 AND BE TWE EM THE TITY OF 01 NO. 16566 U •M -4051(1)--8U-52 MEYIIV —P'HY GII'F1TTT�IL� � p---1.�L1'T---�-- PARTY OF THE FIRST PART AND 9125 1 FOR AND IN CONSIDERA710M OF S . JD . PAYABLE AS SET FORTH IN THE SPECIFICA. 10 SUPPLY VARIOUS MATERIALS OR SUPPLIES IN ITEM - ITEM NO QUANTITY UNIT UNIT PRICE AMOUNT _ 1 PAVEMENT, STANDARD OR SLIP FORM P. C. CONC.. CLASS C. 10 IN. 7.437 SQ. YDS. 19.75 146,880.75 2 PAVEMENT. STANDARD OR SLIP FORM P. C. CONC., CLASS C. 8 IN. 35,085 SQ. YDS. 14.69 515.398.65 3 DRIVES, P. CP CONCRETE, 6 IN. 840 SQ. YDS. 18.00 15,120.00 4 SIDEWALK, P. C. CONC., 4 IN. 42.850 SQ. FT. 2.05 871842.50 S ASPHALT CEMENT CONCRETE, SPECIAL SURFACE COURSE 141 TONS 75.00 10,575.00 6 RIPRAP 118 CU. YDS- 12.00 1.416.00 7 SEWER, 2000D STORM, 12 IN. DIA. 1,665 LIN. FT. 15.00 24.975.00 8 SEWER, 2000D STORM, 15 IN- DIA• 901 LIN. FT. 17.25 151542.25 9 SEWER, 2000D STORM, 18 IN. DIA. 872 LIN. FT. 21.00 18,312.00 10 SEWER, 2000D STORM, 21 IN. DIA. 618 LIN. FT. 19.75 121205.50 11 SEWER. 2000D STORM, 24 IN. DIA. 628 LIN. FT. 24.50 15,386.00 12 SEWER, 2000D STORM, 27 IN. DIA. 157 LIN. FT. 29.00 41553.00 13 SEWER, 2000D STORM, 36 IN. DIA. 608 L.IN. FT. 38.40 23,347.20 14 SEYE RL,,'.;2000D STORM, 48 IN• DIA. 15 SEYEIp•�OOOD STORM. ELLIPTICAL 152 LIN• FT. 80.00 12,160.00 91 INe``0Y 58 IN. 150 LIN. FT. 165.00 24050.00 16 APRONS, CONCRETE, 12 IN. DIA. 2 ONLY 145.00 2'10.00 PARTY OF THE SECOND PART CERTIFIES BY HIS SIGNATURE ON T41S CONTRACT. TINDER PAIN OF PENALTIES FOR FALSE CERTIFICATION, THAT HE HAS LOAIPIIEp •� .I1. IIT 11181 OF THE 1915 CODE OF IOWA AS AMENDED.IF APPLICABLE SAID SPECIFICATIONS AND PLANS ARE HEREBY MADE A PART OF AND THE BASIS OF THIS AGREEMENT, AND A TRUE COPY OF SAID PLANS AND SPECIFICATIONS IS NOWON •ILC IN THE OFFICE OF THE PARTY OF THE FIRST PART UNDER DATE OF _AUGUST 9, 1979 THAT IN CONSIDERATION OF THE FOREGOING, THE PARTY OF THE FIRST PART HEREBY AGPEES TO PAY THE PARTY OF THE SECOND PART, PROMPTLY AND ACCORDING TO THE F THE THE TO THE CONDITIONS SET RTO THATTHET104S THE PARTIES HERETO AGREENOTICE. ANDINSTRUCTIONSUNTS PIODf RSI THE PRO OSAI ILED NFRF,INSE r ORTH IN THE THE GENERAL SPECIFICATIS. ONS OF 714E IOWA DEPARTMENT OF 1977 TRANSPORTATION FOR TOGETHER WITH SPECIAL PROVISIONS UST—M-4051frT—_ 6_U—_7 ATTACHEO. TOGETHER WITH THE GENERAL AND DETAILED PLANS, IF ANY, FOR SAID PROJECT IUGE THE R V TH NST RUMEN CONSTITUTE THE CONTRACT BETWEEN THE PARTIES HERETO SECOND PART Y'S HE gr ORMANCE WHO. ARE MADE A PART HEREOF, AND TOGETHER WI TH TH'S TNAT IT IS FARTHER UN DERST00D AND AGREED BY THE PARTIES OF THIS CONTRACT THAT THE ABOVE WORN SHALL BE COMAENCED OR COMPLETED IN ACCORDANCE W IH SHF TOLL OWING SCHEDULE APPROX. OR SPECIFIED STARTING DATE SPECIFIED COMPLETION DATE —_ OR NUMBER OF WORN IN G DAYS OR NUMBER OF wORHING DAYf 125 WORKING DAYS AUG. y. 1980 THAT TIME IS THE ESSENCE OF THIS CONTRACT AND 1411 SAID CONTRACT CONTAINS ALL DT INC. TERMS AND CDMOITIONS AGREED UPON BY THE PARTIES HERETO. IN WI TNF.SS WHEREOF IN( PARTIES HERETO BAYF SE 1 THEIR BANDS FOR TME PUPPOSE IIF.PPN WRISSFB TO INN AND THREE OTHER IDENTICAL INSTRUMENTS AS OF 1HE_18Eh DAYoF_ De&elA.ber CITY OF IOWA) CITY, IOWA PARTY OF THE FIRST PAN �— METRO PAVERS, INC. OF IOWA CITY.IOWA .' BEST 'A R Y 0 N )LGONO 'ART MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES '10111ES DOCUMENT AVAILABLE i sn i PERFORMANCE AND PAYMENT BOND 402 78 70 KNOW ALL MEN BY THESE PRESENTS THAT Metro Pavers, Inc. IowaCi Iowa Here Insert the name an address or ego tit e o tie Contractor a Principal, hereinafter called the Contractor and American Home Assurance Compan Here insert the ego title o tie Surety as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the ONE MILLION TWO HUNDRED FIFTY SIX THOUSAND NINE Owner, in the amount of HUNDRED EIGHTY TWO AND 35X100 ----------------- Dollars ($ 1,256.982.35 -------- ) for the payment whereof Contractor and Surety'bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated December 18 , 197_, entered into a Contract with Owner for Johnson County Project No. UST -M -4051(1)--8U-52 In accordance with drawings and specific :tions prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the 'Contract, the Owner having performed Owner's PB -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•0Es MOINES obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with'its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to'pay the cast of completion less the balance of the Contract Price; but not exceeding, including -other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The.Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code'of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of _ None (0) from the date of'acceptance of the improvements by the Owner. n PB_2 0;�7._. MICROF:LMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIMES D. No right of action shall accrue to or for the use of any person ox corporation other than the Owner named herein or the heirs, executors,' administrators or successors of Owner. IT IS A FURTHER CONDITION OP THIS OBLIGATION that the principal and Surety shall, in accordance with provisions Of Chapter 573 of the Code of Iowa, pay to'all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 18th DAY OF December A.D., 19 79 . IN THE PRESENCE OF: METRO PAVERS INC. kL-1 vtf i rtness 11 AMERICAN HOME ASSURANCE COMPANY urety C �L ) � Lxt e orney-in-Pact PB -3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINEs American Home Assut..,rce Company National Union Fire Insurance Company of Pittsburgh, Ps. Princlpd Band Office: 102 Maiden Lem, New Yak, N. Y. 10006 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No. 45-B-21400 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ----- C.B. Condon; G.A. LaMair, II; Carl J. Grant, Jr.; James E. Thompson; James F. Norris; F. Melvyn Hrubetz; of Des Moines, Iowa ------ its true and lawful Attornoy(s)-in-Fact, with full authority to execute on its behalf bonds, undortakinug, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business , and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents �� Je�elurraa A let 1g78 . A. Wileteralan, Asert vice President STATE OF NEW YORK ll COUNTY OF NEW YORK On this lot day of named Ofaber tgZ� c 4 Clore me came the above named officer of Amelcen Home 3 .-•— s C//7/fs7� Assurance Company and National Union Fire Insurance Company g m17yf O Of Pittsburgh, Pa, to me genitally known to be the Individual and : A \0i A Nesey OuDI eOt.A Officer described herein, and acknowledged that he executed the 1 (18� ,� k. Sisk d 14, y foregoing Instrument and affixed the Mals of said corporation to OF pe NO- 41.4620280Oublid 1, r the,eto by authority of his dines. Caa,�s a Fapiro aAluch 2Ngw CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa, on May 18, 1976: "RESOL ED, that the man the Board, the nt, Or any ,,present and act la andonbehalflof the Company to execute bonds, undertakkings, raeognlnndea red othernt be, and hereby Ik icontracts of Indemto appoint nity end writito ngs obligatory in the nature thereof, and to attach thereto the corporate Mel of the Company, In the trmsadllon of it. surety business•, "RESOLVED, that the signatures and attestations of such Officers and the MN of the Company may b affixed to sty ausil Power of Attorney, or to any certificate relating thereto by facilmile, and any such Power of Attorney or certificate barring such aaceknlb n y such or facsimile of A Mal dlail to valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognlnnce Or other contract of Indemnity Or writing obligatory in the nature lharao(; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing rmludom still be In effect My InW1 in such certification the date thereof. Mid dote to be not later then the date of delivery thereof by such Altormy-In-FaeL" 1, Marion E. Fajen, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa, do hereby certify that the foregoing excerpts of Resolutions adopted by the Bards of Directors of these corpora• tions, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile Mal of each corporation 23240 (5/1 r) a 115 RIO this L tFHay of December1979 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES r10IMEs MSrlon E. Fs)an, Secnlary 4COrd , NAM[ AHO ADON(5$ Of AC[NGY COMPANIES AFFORDING COVERAGES LaPtair-PILL1ock-Condon Co. 907 Walnut Street `OMPnn, AH u Y A Iowa National Mutual As Maines, Iowa 50309 Ins. Co. COMPANY VAMC µD AODRE55 tX INBREED LL 1111' B Metro Pavers, Inc. COMPANY EfTrip C P.O. Box 251 Iowa City, Iowa 52240 iPnin"Y U COMPAIN E nON This is to certify that Policies of insurance listed below have been Issue(, 10 HIC Insured named above and are in force at this COIMPANI — -time. LETTER INFECT INSURANCE POLICY NUMNLR IYRICY LImho La It n pu,an , GENERAL LIABILITY 1,1'111AIION nor[ --p------- EACHA OCCURRENCE AGGREGATE ' COMPIRDRNHuRM aSIVI CCC u0 128 602 11-25-80 BODILY INJURY E51J-YI/ $ 500 rLT�^JI LM PREMISES-OPE BAT IONS ! EXPLOSION AND COLIAPS1 HAZARD PROPERTY DAMAGE 3200 , 200 ® UNDERGROUND HAZARD ® PRODUCISiCOMPIt1[U j OPERATIONS HAZARD ®CONTRACTUAL INSURANCE ® BROAD FORM PIOPENIY BOOILYINIURYAND PNOPERTYDAMAG[ DAMAGE l COMBINED 1 INDEPEN DEN CON r RAC TORS jl[L t Eljr PERSONAL INJURY A AUTOMOBILE LIABILITY PERSONAL INJURY f SOO CCC 80 128 602 IN25-8D COMPRInTNSFVF t - BOpILYNIY INJURY f 250 1014h,1 CIY ([AILNJURY OWNED BODILY INJURY 1 500 (E(EACHACCIDE III unrzn Ihl NONOYiNEU PROPERTY DAMAGE $ 9rY� 44YY BODILY INJURYAND A EXCESS LIABILITY _ PROPERTY DAMARE f -� COMBINED r� UMBRFIIA FORM CXL 4e 113 158 —i-25 80 1- Inx OHILRIHANUUHIB IIO"IIYINJU11IND L -J LA PROPLHIYDAMAGE 11,000 1 1,000 I FORM COMBINED A WORKERS' COMPENSATION _ and WC90 1166 127 l _ I 25-80 STATUTORY -EMPLOYERS', LIABILITY ---- OTHER - f - -� ._____. ___. 100 Ilrn¢a1A nn OESCRO•TION Or OPERA TIONSILOCArONS,VCRICl CS Johnson County Project No. UST -M-405 1 (1)--8U-52 i Cancellation: Should any of the above described Pan will }Q �'�xx?cxxacxxx�cx�c�c�c>Qcxsxxx�c Policies be Cancelled before the expiration date thereof. Ble issuinP com- Y mall -1D_ da s wlitf('n notice In the bPlnw nampr r i ir, le holder. KX.Y- A1FXJ{}f NAME ANDAUpRl5S 01'CLRIIFIGIL VIII pIH City of Iowa City, City Engineer Iowa DAnISSDEn__December 13. 1979 _ 410 E. Washington 8>:x•L:et LA tIAIR - MULOCK - CONDON CO. Iowa City, Iowa 1 52240 \ C AL 1lonu[D R 'E srYHAnv[ -ca --_ _— ACOpp +5 ITB 11 771 . i:a.. t•VIM�.'.Iv1 1 ��1,{ I I F �nr�T I IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES i RESOLUTION NO. 79-576 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT THREE TO THE AGREEMENT WITH WEHNER, NOWYSZ, PATTSCHULL AND PFIFFNER, A PARTNERSHIP, TO PROVIDE ARCHITECTURAL SERVICES FOR THE ADAPTED REUSE OF THE OLD POST OFFICE TO SERVE AS A SENIOR CENTER FOR IOWA CITY, IOWA WHEREAS, it is in the public interest to provide a Senior Center which will meet the recreational, cultural and educational needs of the elderly of Iowa City, and WHEREAS, the City of Iowa City has acquired the old Post Office located at Washington and Linn Streets in Iowa City, and WHEREAS, the cost of the construction has increased from $1,000,000 to $1,200,000, and WHEREAS, the fee for architectural services no longer reflects the increased scope of the project, i NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor execute Amendment Three to increase the total budget for construction from $1,000,000 to $1,200,000 and increase the architect's fee from $90,000 to $108,000; and to amend the project schedule. It was moved Balmer and seconded by rerret the Resolution be add opted, and upon roll call there were: AYES: NAYS: ABSENT: I X Balmer -- Lynch x Erdahl x Neuhauser x Perret x Roberts X Vevera Passed and approved this 18th day of December 1979. MAYOR ATTEST: CITY CLERK Raeived 6 Approved By T� al Deparhmnt �2_3 367- MICROFILMED S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORIEs AMENDMENT N3 AMENDMENT TO SERVICES AGREEMENT OF MAY 16, 1978 BETWEEN THE CITY OF IOWA CITY AND WEHNER, NOWYSZ, PATTSCHULL & PFIFFNER FOR THE SENIOR CENTER PROJECT This agreement, made and entered this 18th day ofDecembe,r 1979 by and between the City of Iowa City, herein after referred to as the City, and the firm of Wehner, Nowysz, Pattschull & Pfiffner, Architects, herein after referred to as the Architect, is an amendment to the agreement for the Iowa City Senior Center Project; this document amends portions of the original contract signed May 16, 1978, in addition to Amendments 1 & 2 signed April 10, 1979. I. SCOPE OF SERVICES; Phase B, Sections j and k are hereby amended to read as follows: j. The Architect shall provide refined cost estimates, reflecting additional information generated during the Design Development Phase. Such estimates shall take into account all applicable City policy decisions and budget limitations. If the Architect's cost estimates for construction exceed the amount budgeted for this project ($1,200,000), the Architect will redevelop this phase at his expense. k. Furnish the City with ten (10) copies of the Design Development Documents for review by the City. Phase C, fifth paragraph is hereby amended to read as follows: The Architect shall furnish the City with ten (10) copies of the specifications and contract drawings for a final review by the City. II. PERIOD OF SERVICE; Section a is hereby amended to read as follows: a. The Architect will complete the phases of this project within the times listed below. The Architect will make every effort possible to facilitate total completion of construction prior to February 1, 1981. Phase A - Schematic Design - Schematic designs shall be submitted to the City for public review no later than April 16, 1979. Based on citizen, agency, and City Council comments, yet consistent with the architectural program, the schematic design will be amended and returned to the City no later than May 3, 1979. Phase B - Design Development - Finish no later than September 5, 1979. Phase C - Construction Documents - Finish no later December 1, 1979. Phase D - Bidding and Construction - Bidding and contract work shall be coordinated with the construction schedule to facilitate use of the facility February 1, 1981. � 33S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES !Io InES 2 II. PERIOD OF SERVICE; Section c is hereby amended to read as follows: Section C. The Architect will complete interior design special services within the times listed below: Items Specified in Scope of Services Activities 1, 2, 3, 4 Activity 5 Activities 6, 7 Activity 8 Title V Completion Dates March 2, 1979 March 30, 1979 May 15, 1979 February 15, 1981 State Grant Completion _Dates April 15, 1979 May 11, 1979 May 15, 1979 February 15, 1981 VI, lowsCOMPENSATION FOR SERVICES; The section is hereby amended to read as fol: The City agrees to pay an amount which shall not exceed $108,000 for Performance of Phases A, B, C and D described in this agreement. Payment for services shall be made monthly, based on statements submitted by the Architect. Such statements will summarize services rendered and costs incurred. The maximum payment for services ("not to exceed" amount) is based upon the project budget of one million two hundred thousand (.$1,200,000). If the project budget is increased, the Architect's fee may be renegotiated. Phase A - Schematic Design - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for this Phase shall not exceed $16,200. Phase B - Design Development - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A and B shall not exceed $43,200. Phase C - Construction Documents - The Architect shall be paid a fee based unpon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B and C shall not exceed $81,000. Phase D - Bidding and Construction - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B, C and D shall not exceed $108,000. The remainder of Section VI, from the original contract remains in force with no changes. The undersigned do hereby state that they agree to stipulations of this agreement which will be executed in triplicate, as though each were an original. ,-233Y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs 1101nES 3 FOR THE CITY: WE41NM NOWYSZ, PATTSCHU L PFIFFNER: ROBERT A. VEVERA, MAYOR _R0 EARNO WEHN ABBIE SIOLFUS, CITVCLERK WI Rocoivod & Approved By The legal Dep'&m°t ,233S-- MICROFILMED 2.•3.3.5" MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES RESOLUTION NO. 79-577 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO PURSUE A HOUSING REHABILITATION PROGRAM WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1975), 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 a Housing Rehabilitation program, and WHEREAS, part of said program involves forgivable loans, as a method of financing property rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council has approved the above program and methods of financing and authorizes its implementation as outlined in the Housing Rehabilitation Forgivable Loan Program. It was moved by Perret and seconded by Hrdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x — Erdahl X_ Neuhauser x Perret x Roberts x Vevera x Lynch Passed and approved this 18th day of Decemhar , 1979. MAYOR ATTEST: ou", CITY CLERK Received & Apprwad By The Legal Department a.3 3/ct MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I Comment: This Resolution authorizes the City to approve a Housing Rehabilitation Program. Only Forgivable Loans will be authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. The manual contains much of the same language found in previous manuals dealing with past Housing Rehabilitation Programs. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES City of Iowa ,--.- MEMORANDUM Date: November 20, 1979 To: Members of City Council, Housing Commission and Citizens Committee on Community Needs From: Michael Kucharzak Re: Rehabilitation Procedural Manual Attached is your copy of the procedural manual proposed for use during the((, last year of the Community Development Block Grant program. The manual contains much of the language found in previous manuals dealing with the rehabilitation program and the emergency and home winterization grant programs of previous CDBG program years. The staff has received input from the Council and boards and commissions and has incorporated the recommendations into the body of the procedural manual. Specifically, the eligibility requirements for rehabilitation assistance in this our fifth year of federal funding are: I. That the structure be in need of repairs to conform to the City of Iowa City Housing Code. 2. That the structure be a single family all residential building. 3. That it be owner -occupied. 4. That it be located in the Council designated "403" area. 5. That the maximum income of the applicant's household be not in excess of income ceilings as established for the Section 8 program in Johnson County by the Department of Housing and Urban Development. 6. That the maximum liquid assets of the applicant's household be limited to not more than $10,000 for one person, $15,000 for two persons and $20,000 for a three person household; applicants who are 60 years of age or older may have assets up to $25,000 for a one person household and $30,000 for a two person household. 7. The forgivable loan offered by the City shall be in the amount necessary to bring the building into compliance with the Housing Code or $15,000 whichever is the lesser. 8. The forgivable loan shall be covered by a lien recorded at the courthouse which shall decrease 20 percent of its original value for each calendar year that the recipient continues to reside in the rehabilitated homestead. At the end of five years of continuous occupancy following rehabilitation the lien will expire. 9. The lien shall be removed and the loan forgiven if one of the owners residing in the property rehabilitated with the benefit of a MR MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDlrJES s .� 2 forgivable loan either dies or permanently enters nursing care facilities. The above-mentioned criteria are similar to the previous forgivable loan programs administered by the City the following major differences. First, previous forgivable loans were limited to $5,000, however, they were "piggybacked" onto $5,000 grants. This year we are proposing $15,000 forgivable loans. Secondly, previous forgivable loans carried a decreasing lien over three years. We are proposing a decreasing lien over five years. Thirdly,previous forgivable loan programs were open to low- income people both elderly and non -elderly. Due to limited funds in this our last program year, we are limiting forgivable loans to elderly households only. We hope that this criteria meets mutual approval and we look forward to immediate service of the clients already registered with the City for rehabilitation service. A progress report will be presented by the staff early in 1980. bdw2/12-13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES } , tv I wa _ CHAPILR 1. GENERAI 1. LEGAL AUTHORITY. Loans are authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. w. 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 c be considered disabled when that person receives social security disability compensation or disability compensation tia ' from other public assistance organizations. 19 b. Elderly. For the purposes of this program it shall mean any one or more of the property's title holders who are sixty (60) years of age or older. i 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 dwelling to be rehabilitated or a motor vehicle when used for 1 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 1 title to a property to be rehabilitated. , I f. Owner -Occupied Property. A property occupied by the owner that is used entirely for residential purposes and that ` contains one dwelling unit. f j g. Repair Cost. The total cost of repairs or improvements incurred by the owner that are includable in a j rehabilitation contract, whether or not financed in part with funds from other sources. h. Rehabilitation Officer. An employee of the City's Department of Housing and Inspection Services charged with the duties of administrating the specific aspects of the rehabilitation program. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES 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 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 for rehabilitation and a sufficient appropriation of funds to finance said loans. a. Inclusion of Loan in Pro'ect Budgets. The amounts for rehabilitation loans shall be included in the Community Development Block Grant budget as approved by rhe 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 pr ojcosts in the budget which is appropriate for the program involved.ect a. City Overhead and Third -Party Contracts. The following co sts 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 general over- head. (2) Costs incurred under contracts or agreement with organizations, firms, and individuals for technical and professional. Contracts and agreements for the provision of technical or professional must meet the City requirements for the third -party contracts as to form and methods of solicitation and execution, and shall be concurred in by the City Attorney's office and the City Manager. b. Other Costs Related to Loans. With the exception of those costs set forth in paragraph 3.a. above there are no other costs related to the processing of a rehabilitation loan application that may be included in charges arising from the processing of a loan application that may be eligible Project costs. 2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101tIE5 C. Advancing -Funds for Includable Costs. As necessary, the C ty sha 1 advance proect un Wsio pay for processing fees, credit reports and charges for title reports and recordation fees. I i ^I 1 I _1 I � J I I ' J I � 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CHAPTER 3. COST INCLUDABLE IN REHABILITATION LOANS 1. GENERAL. A rehabilitation loan may be made when a component of tWe—structure is malfunctioning or has deteriorated to a point so as to be a violation of the Housing Code. Upon completion of inspections. repairs, the structure must pass Iowa City Housing code 2. INCLUDABLE COSTS. Costs includable in a rehabilitation loan are t e costs o : correcting incipient as well as actual violations of the Housing Code, building permits and sales tax as described below: EMENT OF R qulrement of Che Housing Code,. When necessary a rehabilitation to loan t a may fbe used, to the extent necessary for: a. The rehabilitation or removal of elements of the dwelling structure, 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 accommodate 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. Buildin Permits and Related Fees. A loan may provide that to areover the required to carry Outgther pro and related fees orrective work. However, since the constructionpc ntractosed cdocuments ordinarilywill require he contract o wouldbe included inthe contract act amount. cost f. Sales Tax. Since the construction contract is a private contract between a property owner and a private contractor, the grant proceeds may be utilized to pay for required sales taxes. The contractor shall be required to include sales tax in the bid price. 3. WORK WRITE-UP. The City staff shall prepare a work write-up in actor ante w th this manual, to document the repair work to be financed with a rehabilitation loan. 4. ASSURANCE THAT REPAIRS WILL BE COMPLETED. In some instances the repa r cost may exceed the amount o the loan. In such cases, n u MICROFILMED BY JORM MICROLAB CCDAB RAPIDS -DES Hojtl[s 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. If the rehabilitation loan will not be sufficient to pay for the repair cost to meet at least the Code, the staff shall not w approve the loan unless the applicant can furnish supplementary funds sufficient to complete the work. w 5. 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 documentation by the staff that the applicant + can deposit the required amount in a rehabilitation escrow account. P. t � I 'r I I 1 A+ i I J t I 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101MES 8 CHAPTER 4. FORGIVABLE LOAN 1. GENERAL. This section sets forth the eligibility requirements n�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 neighbor- hoods designated by the City Council. 2. APPLICANT ELIGIBILITY. To be considered for a forgivable loan, the appl cant 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: $9,650 for a 1 person household $11,000 for a 2 person household $12,400 for a 3 person household $13,750 for a 4 person household $14,600 for a 5 person household $15,500 for a 6 person household $16,350 for a 7 person household $17,200 for an 8+ person household (2) Have Liquid Assets not in excess of: (a) Applicant under 60 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 60 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 toss monthly income data: 6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES (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 etc.* minusme operating expenses) rage rental, (4) Any othor income source (interest, etc.) (5) Income from social security, pension, annuities, general relief, ADC. (b) The C� would then adust down the income of the household by deduct ng: (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) $25 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 LOANplicant may receive. The amount of a rehabilitation forg vable loan that an ap 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 codes as applicable or minimum energy conservation measures. The amount shall be established in accordance with this manual. b. $15,000 per household. 4• TERMS AND CONDITIONS. a. Forgivable loan to homeowners shall be secured by a lien against the property. b. Amortization. (1) If the repaired property is sold or transfers ownership prior to the first year anniversary of the grant, 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, 80% of the original lien shall be called due. The remaining 2D% is forgiven. (3) If the repaired property is sold or transfers ownership prior to the third year anniversary, 60% of 7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[.s rlon1ES the original lien amount shall be called due. The remaining 40% is forgiven. (4) If the repaired property is sold or transfers ownership prior to the (4th) fourth year anniversary, 40% of the original lien amount shall be called due. The remaining 60% is forgiven. (5) If the repaired property is sold or transfers ownership prior to the (5th) fifth year anniversary, 20% of the original lien amount shall be called due. The remaining 80% is forgiven. (6) Any sale or transfer after the fifth year anniversary _ would mean that 100% of the original lien amount would be forgiven. C. Penalties. In the event the loan recipient(s) fail to pay, j the lien amount, or a portion thereof as prescribed in 5b(2)(3)(4)(5) 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. i j I I I 8 I MICROFILMED BY JORM tVINCROLAB CEDAR RAPIDS -DES 1101RES �a 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 w 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. j e. Prepare a work write-up and cost estimate of the repair work needed. f. Obtain evidence that ownership of the property has been verified. This may include the property deed or other evidence that the staff has received verification 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 obtain contractor's proposals for repair work and review proposals received as requested by owner. E MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES NOIRES DATE: CASE NUMBER: PROMISSORY NOTE REHABILITATION LOAN PLACE: CDR -7961A 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 Housing and Inspection Services 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 80% of the Principal to be called due. The remaining 20% would be forgiven. Transfer of the property prior to the third year anniversary of this Note would require 60% of the Principal to be called due. The remaining 40% shall be forgiven. Transfer of this property prior to the fourth year anniversary of this Note would require 40% of the Principal to be called due. Transfer of the property prior to the fifth year anniversary of this Note would require 20% of the Principal to be called due. After the fifth 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 19—. Notary Public In and for Johnson County, Iowa. MICROFILMED BY JORM MICROLAB CHAR RAPID$•DCS MOINES -' k. Prepare Promissory Note, contracts and 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, manufacturers' 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. p. Prepare Statement of Disposition of Funds and closeout finance records. 3. PROCESSING AND APPROVAL OF LOAN APPLICATION. Processing by the staff U1 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. Pre oration of Form. The staff shall prepare Form CDR-7660 or gena ani 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 Housing and Inspection Services of Form CDR-7660 shall be based on the form completed in this manner. b. A royal of A lication for Loan. The Director of Housing and Inspection Services s hal approve a Form CDR -7660 by — obtaining the applicant's signature in block I, and by signing block J, on both the original and the copy of the form. 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. 10 MICROFILMED BY JORM MICROLAB CEDAk RAPIDs•DFs MOIthEs 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 application number shall not be assigned to a Form CDR - 7660 it does not approve. d. Record Kee in . The originals of the completed approved orm C R-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 appl cant 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 s a- prepare a atter 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 trans erred into the loan account, the staff shall notify Finance to return the amount originally deposited back to the administrative account. 11 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIOIHCS 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 an 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 W'15 respect to Title VI of the Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed, sex, j sexual orientation, or national origin in sale, lease, rental, use, or occupancy of the subject property. 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 `1 property, the repair work and all contracts, materials, _JJ equipment, payrolls, and conditions of employment pertaining to the work. ,w 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 1 of incorrect or fraudulant information on 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. 12 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES nOIIIES k j. Interest of the City. Allow no member of the governing body of the City of Iowa City, and 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 grant, 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. 13 MCROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 410111Es CHAPTER 7. FUNDING OF INDIVIDUALLOANS ANO MANAGEMENT OF ACCOUNTS I. GENERAL. This chapter sets forth policies for funding the in- dividual loan and also the policies for City management of loan funds. 2. FUNDING REPAIR LOANS. When an assistance has been processed and application for financialapproved, 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 supplemental 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• MANAGFMFNT fir TU[ nrn.... MII private repair program funds,Jshall LVICbeldeposItedACnOaNnon- 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 Partir , Rehabilitation Officer will assign case be 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 Director of Housing and Inspection Services. submiittedtothe Depar ment of Finance propequest will rlyprepared 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 grantee/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 disbursing any unutilized funds remaining in the repair account. 14 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IDES C. U. e returnA check to grantee funds in repaiir accountshall be madepayable to the grs anteeonly.the Transmittal of Checks. The Rehabilitation officer sll able to secure the endorsement of ehe The Rehabilee on h tatioecks nay0fficer the grantee and the pay shall transmit the endorsed check to the payee. Checks which include any amounts previously withheld from progres payments shall be accompanied by an explanation of the computation. Disputes. In the event a dispute exists between the grantee and the contractor with respect to then repair ate work,actiothe Rehabilitation Officer shall take appropriate accordance with the provisions of the construction contract to assure that the grantee is satisfied before making any payment to the contractor. Ad'ustment and Closeout of the Case Account. Usually disbursements 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 far other reasons, the unutilized funds shail 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 con- tribution, shall be disbursed to the grantee. 15 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES V CHAPTER 8. DETERMINING WORK TO BE DONE WITH 5 YEAR FORGIVABLE LOANS 1. GENERAL. This section sets forth the responsibilities of the Rehabilitation Officer for determining to brithe repair work necessary ng a property into conformance with the requirements for a home rehabilitation 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 work write-up 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 work write-up and cost estimate as the basis for a loan and for contracting for the repair work. 2. WORK WRITE-UP AND COST ESTIMATE. A work write-up 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 spec- ification in a construction contract document shall be written so that it provides a clear understanding of the nature and scope of the work to be done, and a basis for carefully determined bids and proposals from contractors. Each specification shall show the nature and location of the work and the quantity and type of iw;terials required. The specifications 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 substitutes. If the work write-up is sufficiently comprehensive, it may itself be used for the specifications, without any cost estimate figures or distinctions as to work required or not required. 16 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111E5 CHAPTER 9. CONTRACTING FOR REPAIR WORK 1. INTRODUCTION. This chapter sets forth requirements and procedures with respect to construction contracts for repair financed through a 5 year forgivable loan. Repair work shall be undertaken only through a written contract between the loan. Whenever possible the contractor and the recipient of 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. ontract shall st a Form a single ment form provided bycthe City and signed by ofby the contractor 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 -7660 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. Specifications, based the work ing write-up and illustrative sthe ketches, if any, which a air lan specific repair work for each property oRehn litationrOfficeroor will be made shall be prepared by contractor. 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 specifications and drawings shall be based on the work write-up resulting from an intstpectionn ofthe athe property The and interviews, as indicated, specifications shall clearly establish the nature of the work to be done and the material and equipment to be installed. Each page of the specifications and drawings shall be numbered and shall contain identification that includes the name, address of owner, and the date of the specification. 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 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 Housing and Inspection Services, s been b. Invitation to Bid. accords— n9 Paragraphe Sha. thecontractor the a homeownerlshall 17 MICROFILMED BY JORM MIOROLAB CEDAR RAPIDS -DES MOINES contact the selected con,.ractor and invite him/her to bid the proposed repair. The Rehabilitation Officer shall meet the contractor at the subject property at an appointed time to assist in the inspection of the property and to facilitate obtaining a 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 specifications have been adhered to. d. Acceptable Bid. An acceptable bid is one that upon review under 5. c. above, is not in excess of 10% of the Rehabilitation Officer's estimate. Where two or more bids have been obtained, the lowest acceptable bid shall be recommended to the owner for approval. In the event no acceptable bids are received, the homeowner shall reject all bids and the owner shall select another contractor and repeat the bid process. e. Maintenance of the Contractors' List. (1) The Rehabilitation Officer shall be responsible for maintaining 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 -7946: (a) Adequate active liability insurance [see 2.h.(1) above]. (b) The name of his company bank. I i (c) The names of his usual subcontractors. (d) The names of his principal suppliers. j (e) The names and addresses of at least two (2) resi- dential repair or construction jobs. (f) Iowa City contractor's license as applicable. i — (2) The Contractor List shall be maintained in a conspicuous place within the Department of Housing and Inspection Services 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 contractors, 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. 18 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES a. Issuance of Proceed Order. At the time the award is made, the Rehabilitation fflcer shall remind the applicant and the successful 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 ord:r 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. 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 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. 7. LABOR PERFORMED BY OWNER IN REPAIRING PROPERTY. a. T e of Work and Skill of Owner. A property owner may com- plete some or a l 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, demolition 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 elp in Loan. Whenever self-help is necessary, Indicated, or desired, and the Rehabilitation Officer considers that with or without its 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 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111Es 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 prudences 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 separation in the timing of the work is not feasible, the Rehabilitation 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. 9. OTHER PROVISIONS I a. The Contractor Shall: Indemnify and hold harmless the owner, the owner's employees, the City Manager, and the y 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 1 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 interests of the owner and the City as the same may appear, and shall file with the owner and the City certificates of such insurance. 20 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES HOIRES b. Correction of Fau ty Work after Final Payment: The approval of the Request for ayment 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. 21 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES rdo LlrEs ■ 4. CERTIFICATION OF FINAL INSPECTION. After the Rehabi litation 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 COR -7945 shall be distributed as follows: 22 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES VIOIn ES CHAPTER 10. INSPECTION OF REPAIR WORK I. GENERAL. This chapter sets forth the requirements for the inspection of repair work financed in forgivable loan. whole or in part with a 2. RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitation Officer shall make inspections of construction work in cases involving a repair loan. To accomplish this, the Officer shall make: Rehabilitation (1) Compliance inspection, as necessary, to assure that the construction 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 Inspection Division, as be may 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: I .-1 a.Inspections. Upon completion of the repair work and receipt of the contractor's invoice containing his certification of satisfactory completion of the work in accordance with the contract .� and his warranty, the Rehabilitation Officer shall arrange for inspection of the completed work. i b. Making_ Payments. When the inspection determines that the wurK is satisfactorily contract, thehomeowner completed shaob ainnfromothencontractorha 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 payment. shall make 4. CERTIFICATION OF FINAL INSPECTION. After the Rehabi litation 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 COR -7945 shall be distributed as follows: 22 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES VIOIn ES (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 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 loan, at owner request, will assist owner in the following manner: (1) Staff members of the Department of Housing and Inspection Services 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 staf'l, 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 or Iowa City Licensing Board for appropriate action. (6) If the contractor fails to respond to the request for cor- rection 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 con- tracting any other repair work under any loan program — administered by the City. 23 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES w i� 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 and all questions which may arise as to the quality and acceptability of materials furnished, work performed, interpretation of Plans and Specifications and all questions as to the acceptable fulfillment 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 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. .J MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS MOINES 24 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS MOINES CHAPTER 11. APPLICANT'S INCOME 1. GENERAL. This chapter sets forth the basis for establishing an applicant's income for the purposes of a 5 year forgivable loan on a residential property, and takes into account the variations applicable to different type of applicants and properties, and special considerations related to the type of project area in which the property is located. 2. SOURCES OF FUNDS AND AMOUNTS COMPRISING APPLICANT'S INCOME. The following is a listing of the elements comprising income for purposes of a repair loan. Exclusions from income applicable in special circumstances are stated in paragraph 5 below. a. Portion of Income Derived from Roomers. If the property will contain 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. b. Applicant Who Is a Person. Income of an applicant includes the income of the applicant and his 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 applicant. An applicant's income is established on an annual basis, at the time of applying for a loan and includes: 7.5 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES nolrlEs W (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 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 children. (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. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n011![s (a) Gross rental income, and (b) On the basis of an average or experience for two or more years, expenditures for mortgages 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 „ expenditures on the available experience. -a { 4. REPORTING OF APPLICANT'S INCOME. The applicant's income shall be reported on Form CDR -7660, "Total Present Monthly Income of Applicant." 5. EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME. I 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). 26 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n011![s (3) Deduct 25% of retirement benefits, disability benefits, or Social Security benefits. 27 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIDES r "ICPOFWif5 s, JORM MICROLAB